Common use of Procedures Clause in Contracts

Procedures. Since it is important the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present a grievance to his/her immediate supervisor within thirty (30) days after the occurrence of the alleged grievance. Such grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 13 contracts

Samples: Comprehensive Agreement, Comprehensive Agreement, Comprehensive Agreement

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Procedures. Since A. If an employee has a grievance, it should first be discussed with the principal, administrator, or supervisor to whom the employee is important directly responsible in an effort to resolve the grievances be processed as rapidly as possibleproblem informally. B. If discussion with the immediate supervisor has failed to resolve the problem, the number of employee and/or employee representative has five (5) working days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present submit a grievance to his/her immediate supervisor within thirty (30) days after the occurrence of the alleged grievance. Such grievance must be in writing and must state specifically to the Business Manager. This notice shall include the time (date) that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of occurred and the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearingremedy sought. C. Within ten five (105) working days following the hearing, the designated supervisor shall inform the employee and/or the representative after receipt of the written decisiongrievance, the Business Manager shall attempt to resolve the problem and submit a decision in writing to the employee. D. Should If the employee not appeal to disagrees with the next step within ten (10) days the grievance shall decision, it may be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision presented to the Superintendent of Schools. B. Within fifteen , in writing, within five (155) working days of the hearing before Business Manager's answer. The Superintendent shall respond to the employee in writing within five (5) working days. E. If the employee disagrees with the Superintendent's decision, the Superintendent shall inform grievance may be submitted to the Board of Education within five (5) days after the Superintendent's answer is due. The Board will respond to the grievance within five (5) days after the next regularly scheduled meeting. F. If the grievance is still unsettled, the employee and/or the representative of the decision. C. Should the employee not may initiate an appeal to the next step Director of Labor/Management Relations within ten five (105) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of after the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its 's decision. The Board's decision director shall conduct a hearing covering the points raised and issue an order which shall be finalbinding on the employees and the employer in accordance with the provision of SCL 1967, 3-18-15-2. G. In the event the employee filing the grievance, or alleging and asserting that a dispute exists, or in the event the Union files a grievance or alleged dispute, fails to comply with any time limitations hereinbefore set forth, such failure shall constitute a withdrawal of the grievance or claimed dispute. The failure of the employer to comply with any time limitations shall constitute a settlement of the grievance in accordance with the requested remedy. H. Nothing in the above shall be interpreted as preventing the employee from, or requiring to, involving Union representative at any step of the grievance process.

Appears in 6 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. Since it is important The party asserting a grievance shall attempt to resolve the grievances be processed as rapidly as possible, problem through informal communication with the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunderimmediate supervisor. A. Any employee may present a grievance to his/her immediate supervisor within thirty (30) days after Step 1. If the occurrence of the alleged grievance. Such grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievance, informal process with the immediate supervisor shall inform fail to resolve the employee of problem, the decision. C. Should the employee not appeal grievance may be formally presented in writing to the next step appropriate supervisor who will arrange for a meeting to be held within ten (10) days to review the grievance. The formal written grievance shall clearly identify all grievants, summarize all relevant facts, identify all provisions of the Agreement allegedly violated, and describe the remedy which is requested. The filing of the formal written grievance at this step must be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt date of an adverse decision at Step 1 level, appeal the occurrence giving rise to the proper supervisor immediately below grievance or from the Superintendentdate when the grievant might reasonably have become aware of the occurrence. The appeal supervisor shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If provide a representative is written answer to appeal on behalf of the grievant his/her name shall be designated in (with a copy to the written appeal or initial complaint. B. Within Union if the Union is not the grievant) within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearingmeeting. The aggrieved employee and his/her representative, if any, answer shall be given prior notice of include the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, reasons for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should Step 2. If the employee grievance is not appeal resolved at the preceding step, the Union and/or grievant may refer it to the next step within ten (10) days appropriate Executive Council member or designee by filing the grievance shall be considered settled. A. The aggrieved employee may, same in writing within ten (10) days of receipt of notification of the disposition of answer from the grievance under Step 2, appeal the decision supervisor. The Executive Council member or designee will arrange for a meeting to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step be held within ten (10) days of such referral to review the grievance grievance. Each party shall have the right to include in its representation such witnesses as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be considered settled. A. The aggrieved employee may, provided to the grievant (with a copy to the Union if the Union is not the grievant) within ten (10) days of the meeting provided for in this paragraph. Step 3. If the grievance is not resolved at the preceding step, the Union may refer it to the President or designee by filing the same in writing within ten (10) days of receipt of notification the answer from the Executive Council member or designee. The President or designee will arrange for a meeting to be held within ten (10) days of such referral to review the disposition of his/her grievance under Step 3grievance. Each party shall have the right to include in its representation such witnesses as it deems necessary to develop facts pertinent to the grievance. A written answer, request including reason(s), shall be provided to the grievant (with a hearing by copy to the Board. B. Within Union if the Union is not the grievant) within ten (10) days of the hearing before meeting provided for in this paragraph. If the Boardgrievance arises from a decision at the President's level, the Board grievance may be initiated at Step 3 provided such is filed within the time limits prescribed in Step 1. Step 4. If the grievance is not resolved at the President's level, the Union may submit it to binding arbitration, provided written notice indicating such is filed with the President or designee within fifteen (15) days of the answer at the President's level, or if no answer is filed, within fifteen (15) days of the last day on which such answer was due. The Union shall inform promptly request of the employee and/or American Arbitration Association that it provide a panel of qualified arbitrators who are members of the National Academy of Arbitrators from which the parties may make a selection pursuant to the practices of the American Arbitration Association. In making his/her representative of its decisionrecommendation, the arbitrator shall not add to or enlarge upon this Agreement, and any suggested remedy, if appropriate, shall conform to Illinois law. The Board's decision fees and expenses of the arbitrator and the American Arbitration Association shall be finalshared equally by the Board and the Union. The parties likewise shall share the expense of any transcript(s) which they may jointly request, but all other expenses which may be incurred by either party shall be borne by that party.

Appears in 6 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. Since it is important STEP 1. Following a meeting between the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum employee and every effort should be made to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present a grievance to his/her immediate supervisor within thirty (30supervisor, if the grievance is not resolved, the aggrieved employee(s) days after shall reduce the occurrence grievance to writing on forms supplied by the Union for this purpose and present it to the division head. The employee(s) shall clearly describe the alleged violation which is the subject of the grievance, the contract provisions which are alleged to have been violated and the specific relief sought. Four (4) (1) copy to the division head; one (1) copy to the Union; one (1) copy to the City Manager; one (1) copy to the Director of Public Service (or his designated representative). The time for filing a grievance or class grievance shall be five (5) working days from the time the grievant(s) knew or could reasonable have learned of the grievance. Such grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten two (102) working days of the receipt of the grievance, the immediate supervisor division head shall inform contact the employee Union xxxxxxx to set up a meeting to discuss the grievance. The division head shall reply in writing to the grievant(s) by the end of the decisionfifth working day after such meeting. If the grievant(s) does not refer the grievance to the second step of the procedure within four (4) working days after receipt of the decision rendered in the first step, it shall be considered to be satisfactorily resolved. C. STEP 2. Should the employee not appeal grievance remain unresolved at the preceding step and should it be referred to the next step within ten (10) days second step, the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal referred in writing to the proper supervisor immediately below Director of Public Service (or his designated representative) by the Superintendentgrievant(s). The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten two (102) working days of receipt of said appeal the designated supervisor grievance, the Director of Public Service or his designee shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of contact the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, Union xxxxxxx for the purpose of attending setting up a meeting to discuss the hearinggrievance with the xxxxxxx and the grievant(s). The Director of Public Service (or his designated representative) will reply to the grievant(s). The Director of Public Service (or his designated representative) will reply to the grievant(s) in writing, by the end of the seventh working day after the Step 2 meeting. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. STEP 3. Should the employee not appeal grievance remain unresolved at the preceding step and should it be referred to the next step within ten (10) days third step, the grievance shall be considered settled. A. The aggrieved employee may, within ten referred in writing to the City Manager by the grievant(s). Within two (102) working days of receipt of notification the grievance, the City Manager or his designee shall contact the Union to establish a date for a meeting to discuss the grievance with the grievant(s) and his xxxxxxx. The City Manager will reply to the grievant(s) in writing, by the end of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schoolstenth working day following such meeting. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. Since An employee and the Union will first make an effort to resolve a grievance informally. If a grievance cannot be resolved through informal discussion with an immediate supervisor, department chairperson, division director, or Xxxx, it is important the grievances will be processed as rapidly as possiblefollows, the number of days indicated except that a grievance based upon a discharge, or a Union grievance, will be initiated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunderStep 3 below. A. Any employee may present a grievance to his/her immediate supervisor within thirty (30) days after the occurrence of the alleged grievance. Such grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before event giving rise to the Superintendentgrievance or after the employee reasonably should have known of the event giving rise to the grievance, the Superintendent shall inform aggrieved employee or the Union may submit a written grievance to the Department Chair or administrative designee in the employee’s chain of command, with a copy to the Assistant Vice President of Human Resources and the Union. The Department Chair or administrative designee will schedule a meeting with the employee and/or to be held within fifteen (15) days of receipt of the written grievance. The Department Chair or administrative designee will submit a written answer to the aggrieved employee within fifteen (15) days of such meeting, and provide a copy of the answer to the Chief Human Resources Officer and the Union. Step 2. In the event the grievance is not satisfactorily adjusted at Step 1, the aggrieved employee, within fifteen (15) days after receipt of the Step 1 answer, may submit a written appeal of the Step 1 answer to the Xxxx in the employee’s chain of command, or his or her designee, with a copy to the Assistant Vice President of Human Resources and the Union. The Xxxx, or designee, will schedule a meeting with the aggrieved employee, and representative of the decisionUnion, to be held not more than fifteen (15) days after receipt of the Step 2 appeal. The Xxxx, or designee, will submit a written answer to the aggrieved employee within fifteen (15) days after the Step 2 meeting, with a copy to the Assistant Vice President of Human Resources and the Union. C. Should Step 3. In the employee event that the grievance is not satisfactorily adjusted at Step 2, the aggrieved employee, within fifteen (15) days after receipt of the Step 2 answer, may submit a written grievance appeal to the next step within ten Xxxxxxx, or designee, with a copy to the Assistant Vice President of Human Resources and the Union. The Xxxxxxx, or designee, will schedule a meeting with the aggrieved employee, and representative of the Union, to be held not later than fifteen (1015) days after receipt of the Step 3 appeal. The Xxxxxxx, or designee, will submit a written answer to the aggrieved employee within fifteen (15) days after such meeting, with a copy to the Union. The decision of the Xxxxxxx or designee is final, unless the Union appeals the grievance shall be considered settledto final and binding arbitration, as set forth in Section 4.2 of this Article. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. Since it is important the In General - The adjustment of grievances shall be processed accomplished as rapidly as possible. To that end, the number of days indicated at within which each level should step is prescribed to be accomplished shall be considered as maximum and every effort should shall be made to expedite the process. It is hereby understood that Under unusual circumstances, the time is limits prescribed in this statement may be extended or reduced by mutual consent of the essence in grievant and the processing of grievances hereunderperson or persons by whom his/her grievance is being considered. A. Any employee may present a Level 1 - A grievant shall first take up his/her grievance to with his/her immediate supervisor administrative superior in private informal conference(s) within thirty fifteen (3015) school days after the occurrence of the alleged grievanceevent upon which a grievance is based or after the grievant becomes aware of such event. Such grievance must be If the employee is dissatisfied with the outcome of the initial private conference(s), she/he may request a formal conference in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days with his/her immediate supervisor. Every effort should be made to develop an understanding of the receipt of facts and the grievanceissues in order to create a climate, the immediate supervisor which will lead to a solution. The formal conference shall inform the employee of the decision. C. Should the employee not appeal to the next step occur within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) school days of the receipt of an adverse decision at Step 1 level, appeal to last informal conference. Level 2 - In the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of event that the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee is not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of satisfied with the disposition of his/her grievance under Step 3at Level 1, request a hearing by or in the Board. B. Within event that no decision is reached within ten (10) school days after a formal presentation, she/he may appeal the matter in writing to the superintendent. The superintendent or his/her designated representative shall confer with the grievant in an effort to arrive at a satisfactory solution within ten (10) school days after the appeal has been received by the superintendent. Level 3 - If the grievance is not adjusted to the satisfaction of the grievant, or if no decision is made thereon within twenty (20) school days after the date the grievance was filed with the superintendent or his/her designated representative under Level 2, then the grievant may appeal the grievance to the Board for the purpose of final adjustment of the grievance. This is done by submitting a written request to the clerk of the Board within ten (10) school days after the superintendent or his/her designated representative has rendered a decision or after the expiration of said twenty (20) days. The Board of Education shall, within thirty (30) school days after receipt of the written request, meet and confer with the grievant and render a decision to be submitted to the grievant in writing which will be the final disposition of the grievance. As an alternative, the Board, upon receipt of a complaint or grievance, may assign a hearing officer to hear such complaint or grievance and make findings and recommendations to the Board. Such findings and recommendations shall be made to the Board within ten (10) school days after the complaint or grievance has been assigned to the hearing officer. The Board shall rule upon such complaint or grievance within thirty (30) school days after receipt of the findings and recommendations of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be finalofficer.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Negotiated Agreement, Negotiated Agreement

Procedures. Since it is important the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should (a) First Step An attempt shall be made to expedite the process. It is hereby understood that time is of the essence resolve any grievance in the processing of grievances hereunder. A. Any employee may present a grievance to informal, verbal discussion between complainant and his/her immediate supervisor supervisor. (b) Second Step If the grievance cannot be resolved informally, the aggrieved teacher shall file the grievance in writing, and at a mutually agreeable time, discuss the matter with the Principal. The grievance should state the facts of the grievance and remedy requested. The filing of the grievance with the building Principal at the second step must be within thirty twenty (3020) school days after from the date of the occurrence of the alleged event giving rise to the grievance. Such grievance must be The Principal shall communicate his/her decision in writing and must state specifically that set forth the grievance procedure is being invoked as well as what specifically has been violatedrationale for such decision to the teacher and the Superintendent within ten (10) school days after receipt of the written grievance. B. (c) Third Step In the event a grievance has not been satisfactorily resolved at the second step, the aggrieved teacher shall file, within five (5) school days after receipt of the Principal's written decision at the second step, a copy of such grievance with the Superintendent. Within ten (10) school days of the receipt of the grievanceafter such written grievance is so filed, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in representative, if any, the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal Principal, and the designated supervisor shall conduct a hearing. The aggrieved employee Superintendent and his/her representative, if any, shall be given prior notice of meet to resolve the hearing date and placegrievance. The employee Superintendent shall be relieved of render his/her responsibilities, if necessary, without decision and set forth the loss of salary, rationale for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step such decision within ten (10) school days of the third step grievance shall be considered settledmeeting and communicate it in writing to the teacher, Principal, and the Association. A. The aggrieved employee may, within ten (10d) days of receipt of notification of Fourth Step If the teacher is not satisfied with the disposition of the grievance at the third step or the time limits expire without the issuance of the Superintendent's written reply, the teacher may submit the grievance to final and binding arbitration under Step 2the "Voluntary Labor Arbitration Rules" of the American Arbitration Association, appeal which shall act as the decision to Administrator of the Superintendent of Schools. B. Within fifteen proceedings. If a demand for arbitration is not filed within thirty (1530) days of the hearing before date for the Superintendentthird step answer, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days then the grievance shall be considered settleddeemed withdrawn. A. (1) Neither the Board nor the Association shall be permitted to assert any grounds or evidence before the arbitrator which has not previously been disclosed to the other party. (2) The aggrieved employee may, within ten arbitrator shall have no power to alter the terms of this agreement, (103) days Each party shall bear the full costs for its representation in the arbitration. The cost of the receipt of notification arbitrator and the AAA shall be divided equally between the Board and the Association. (4) If either party requests a transcript of the disposition of his/her grievance under Step 3proceedings, request that party shall bear the full costs for that transcript. If both parties order a hearing by transcript, the Board. B. Within ten (10) days cost of the hearing before the Board, two (2) transcripts shall be divided equally between the Board shall inform and the employee and/or his/her representative of its decision. The Board's decision shall be finalAssociation.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. Since A. Step One (Informal): The parties acknowledge that it is important most desirable for an administrator and the grievances be processed as rapidly as possibleBoard to resolve problems through free and informal communication. When requested by either party, the number of days indicated at each level should be considered as maximum and every effort should be made Association may intervene to expedite the processassist in this resolution. It is hereby understood that time is the responsibility of the essence in grievant to schedule a Step One meeting with the processing of grievances hereunder. A. Any employee may present a grievance to superintendent or his/her immediate supervisor designated representative, and it is the superintendent’s or his/her designated representative’s responsibility to hold such a meeting within thirty (30) days after the occurrence of the alleged grievance. Such grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee workday period referenced herein. If such a meeting is not appeal to the next step held within ten (10) days workdays of the alleged violation of this Agreement, a written grievance may not be submitted pursuant to Step Two and the involved grievance shall be considered settled. A. deemed abandoned. However, should such Step One meeting fail to satisfy the Board and the administrator, then a grievance may be processed as follows: Step Two. The aggrieved employee may, administrator may reduce the grievance to writing on a grievance form provided by the Board and present the grievance to the Superintendent for a written answer. The written grievance shall be filed within ten (10) days workdays of the receipt of an adverse decision at Step 1 levelalleged violation. It shall name the employee(s) involved, appeal shall state the facts giving rise to the proper supervisor immediately below grievance, 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. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant , or his/her name designated representative, and the administrator and Association. The Superintendent or his/her designated representative, shall be designated give the employee an answer in the written appeal or initial complaint. B. Within writing no later than ten (10) days workdays after the grievance hearing referenced above. B. All claims for back wages shall be limited to the amount of receipt of said appeal wages that the designated supervisor shall conduct a hearing. The aggrieved employee and would otherwise have earned at his/her representativeregular rate, if any, 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 unless such case has been designated as a representative case by mutual written agreement by the parties. C. Any grievance occurring during the period between the termination date of this Agreement and the effective date of a new Agreement shall not be given processed. Any grievance which arose prior notice to the effective date of the hearing date Agreement shall not be processed. D. Any agreement reached between the Board and place. 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 shall be relieved for any alleged breach of this Agreement or any alleged violation of his/her responsibilitiesrights hereunder will be pursuant to the Grievance Procedure, provided that if necessaryan employee elects to pursue any legal or statutory remedy, without such election will bar any further or subsequent proceedings for relief under the loss provisions of salary, for the purpose of attending the hearingthis Article. C. Within ten (10) days following F. If the hearinggrievance is not resolved at Step Two of the Grievance Procedure, and if it involves an alleged violation of a specific Article and Section of the Agreement, the designated supervisor shall inform Association may, at its option, submit the employee and/or grievance to arbitration by written notice delivered to the representative Superintendent within fifteen (15) workdays of receipt of the Superintendent’s answer in Step Two. The written decisionnotice 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. D. Should G. Following receipt of the employee notice to arbitrate, the Association and the Board will attempt to mutually agree to an Arbitrator. If an Arbitrator is not appeal mutually agreed to the next step within ten (10) days workdays following receipt of the written notice, the Association, within the next five (5) workdays only, may apply for arbitration in writing to the American Arbitration Association under its rule. H. The jurisdiction of the arbitrator shall be limited to the determination of grievances which involve an alleged violation of a specific Article and Section of this Agreement. If either party shall claim before the arbitrator that a particular grievance fails to meet the tests of arbitrability, the arbitrator shall proceed to decide such issues before proceeding to hear the case upon the merits. If the grievance concerns matters not subject to arbitration, the arbitrator shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of return the grievance under Step 2and all documents relating thereto, appeal the decision to the Superintendent parties without decision. In the event either party disputes the arbitrability of Schools. B. Within fifteen (15) days a grievance in a court of the hearing before the Superintendentlaw, the Superintendent arbitrator shall inform have no jurisdiction to act until the employee and/or the representative matter is determined by a court of the decisioncompetent jurisdiction from whose decision no appeal is taken. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. Since The parties hereto acknowledge that it is important usually most desirable for an Employee and the grievances Employee’s immediately involved Supervisor to resolve problems through free and informal communications. While grievants are encouraged to use informal communications to resolve problems, this is not a mandatory step in the grievance procedure. At the request of the Employee, an Association representative may accompany the Employee to assist in the informal resolution of the grievance. If the informal process fails to satisfy the Employee, the grievance may be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunder.follows: A. Any employee may present a grievance to his/her immediate supervisor within thirty Step I - Within fifteen (30) days after the occurrence of the alleged grievance. Such grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (1015) days of the receipt of the grievanceoccurrence, the immediate supervisor Employee shall inform present the employee of the decision. C. Should the employee not appeal grievance in writing to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee mayimmediately involved Supervisor, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal who will arrange for a meeting to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, take place within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendentgrievance. The Employee, the Superintendent Association representative, if requested, and the immediately involved Supervisor shall inform be present for the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within meeting. Within ten (10) days of the meeting, the Employee and the Association shall be provided with the Supervisor’s written response including the reasons for the decision. B. Step II - If the grievance shall be considered settled. A. The aggrieved employee is not resolved at Step I, the Employee may, within twenty (20) days of the Step I response, refer the grievance to the Superintendent in writing. Superintendent or his designee shall arrange with the Employee and the Association representative, if requested, for the meeting to take place within ten (10) days of the Superintendent’s receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by appeal. Each party shall have the Board. B. right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) days of the hearing before the Boardmeeting, the Board Employee and the Association shall inform be provided with the employee and/or his/her representative Superintendent’s or the designee’s written response, including the reasons for the decision. C. Step III - If the Association is not satisfied with the disposition of its decisionthe 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. The Board's decision demand for arbitration shall be finalfiled with the Superintendent, with a simultaneous demand to AAA. If a demand for arbitration is not filed within thirty (30) days of the date for the Step II answer, then the grievance shall be deemed withdrawn. The arbitrator shall have no power to alter the terms of this Agreement.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. Since it is important the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present a grievance to (a) Level 1 A teacher shall submit his/her immediate supervisor grievance, in writing, on a Union Grievance Report Form to the Union president. Within five (5) days after receipt of the grievance, the Union president shall notify the principal of the filing of the grievance. The teacher, the Union president and/or his/her designee, and the principal of the school shall meet for a hearing on the grievance within five (5) school days of the notification by the Union of the grievance with a view to arriving at a mutually satisfactory resolution of the complaint. The principal shall convey his/her decision in writing to the Union within five (5) days of said hearing. If the grievance is not resolved or if no decision has been rendered within five (5) school days after presentation of the grievance, the Union on behalf of the employee may submit it in writing within five (5) days on the grievance form annexed to this Agreement to the Administrator in charge of hearing Level 2 grievances. Such written grievance must be filed within thirty (30) school days after following the occurrence of act or circumstances giving rise to the alleged grievance. Such Filing a grievance must be in writing and must state specifically that after said time limit will render the grievance procedure is being invoked as well as what specifically has been violatedinvalid. B. Within (b) The Administrator in charge of Level 2 grievances may at his/her discretion, require a meeting with the employee and his/her Union representative for a hearing within ten (10) school days of receipt of the written grievance, to hear the presentation of the employee's grievance. (c) The Administrator in charge of Level 2 grievances shall render a decision in writing to the employee and to the Union within ten (10) school days after the hearing or within ten (10) school days after the receipt of a grievance, in the event that a hearing is not held. (a) If the grievance is not resolved at Step 2, the aggrieved, through his/her Union representative may appeal the decision at Step 2 to the Superintendent of Schools within five (5) days after receipt of the written decision of the Administrator in charge of Level 2 grievances. (b) The Superintendent may, at his/her discretion meet with the aggrieved and his/her union representative within ten (10) school days of the receipt of the grievance, the immediate supervisor appeal. (c) The Superintendent shall inform render a decision in writing to the employee of and the decision. C. Should the employee not appeal to the next step Union within ten (10) school days after the grievance shall be considered settled. A. The aggrieved employee may, hearing or within ten (10) school days of after the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the a grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaintevent that a hearing is not held. B. Within ten (10d) days Grievances which arise from an alleged violation of receipt Article V (Promotional Policy) and Article 6-2 (Job Opportunities) of said appeal the designated supervisor this agreement shall conduct a hearing. The aggrieved employee proceed directly to and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to initiated at the Superintendent level of Schoolsthis procedure. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. Since it ‌ STEP 1. A teacher and a Federation representative (if the teacher so desires) shall first discuss the problem with the school official serving as the teacher's immediate administrative superior. STEP 2. If the matter is important not satisfactorily adjusted within two calendar days* after the grievances be processed as rapidly as possiblelast discussion, the number teacher, with the assistance of a Federation representative, shall submit a request in writing within six (6) calendar days indicated at each level should to such teacher's immediate administrative superior, for a satisfactory adjustment. Such written grievance must be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present a grievance to his/her immediate supervisor filed within thirty (30) calendar days after following the occurrence of act or circumstances giving rise to the alleged grievance. Such immediate superior may request a meeting with the teacher and a Federation representative prior to making her/his decision, but in any event must render her/his decision in writing, with copies to the teacher and the Federation within six (6) calendar days of the written submission to her/him by the teacher. *In calculating the number of days, school vacations including the summer will be excluded. STEP 3. Failing satisfactory settlement within such time limit the grievant may, with the assistance of the Federation representative, within six (6) calendar days after receipt of the written decision by her/his superior, appeal in writing to the Superintendent and such writing shall set forth specifically the basis of the grievance. The Superintendent or her/his representative shall meet with the teacher and a Federation representative within six (6) calendar days of receipt by her/him of such appeal, and shall give her/his decision in writing to the teacher and the Federation within twelve (12) calendar days of such meeting. Such decision shall include the specific justification for a denial of the grievance. STEP 4. If the grievance remains unresolved after STEP 3, the Federation, the grievant and the Superintendent or her/his representative shall meet with a neutral party who shall act in the capacity of a mediator in an effort to resolve the grievance. This step will be used only on a case by case basis when the parties mutually so agree. All discussion at this step will be inadmissible in arbitration. STEP 5. Arbitration (a) In the event a grievance shall not have been settled under the procedures above, the grievant may proceed directly to arbitration, which shall be binding, subject to the limitation of the statute. (b) Notice of intention to request submission to arbitration must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision addressed to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee and submission to American Arbitration Association must be made not appeal to the next step within later than ten (10) calendar days following the grievance decision at Step or the expiration of the time limits for making such decision, whichever shall first occur. A copy of such notice of intention to submit to arbitration shall be considered settledsent to the Superintendent by Registered Mail, return receipt requested. A. (c) The aggrieved employee mayarbitrator shall hear and decide only one grievance in each case. S/he shall be bound by and must comply with all terms of this Agreement. S/he shall have no power to add to, within ten (10) days delete from, or modify in any way, any of the receipt provisions of notification this Agreement. S/he shall have the power to make appropriate compensatory awards. The decision of the disposition arbitrator shall be binding upon both parties and all teachers during the life of his/her grievance under Step 3this Agreement, request a hearing by except that such decision shall not usurp the Board. B. Within ten (10) days functions or powers of the hearing before Board of Education as provided by statute. Fees and expenses of the Board, the Board arbitrator shall inform the employee and/or his/her representative of its decisionbe borne equally by both parties. The Board's decision shall be finalBoard will take quick action on solving grievances which concern irremediable situations. The Board will agree to consider with the Federation the use of the new expedited arbitration procedure of the American Arbitration Association as each case arises.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. Since it is important a. Employees shall be disciplined for violation of the grievances rules and regulations of the District, this Agreement and the law. b. Unsatisfactory performance of a major nature or serious situation involving the health and welfare of students or employees shall bypass the progressive discipline procedures. c. Recommendations for discipline shall be processed as rapidly as possiblefor reasonable cause including but not limited to unsatisfactory performance. Prior to the imposition of discipline of five (5) days or more suspension without pay or greater penalty, the number of days indicated at each level should employee will be considered as maximum provided an opportunity for a “Xxxxxx hearing” and every effort should the employee given the opportunity to respond orally or in writing. Preliminary charges will be made to expedite the process. It is hereby understood that time is provided in writing in advance of the essence in “Xxxxxx hearing” which will give the processing employee a reasonable opportunity of grievances hereundernot less than five (5) days prior to the hearing. A. Any d. The Xxxxxx officer shall provide a written response after the Xxxxxx conference with a decision as to whether the charges are to be upheld, the recommended discipline reduced, or the charges dropped. e. Prior to a formal evidentiary hearing, the employee shall be informed of the specific charges against him or her and the evidence which supports it. The employee shall also be given a statement of his or her right to a formal hearing on such charges. The employee may present request a grievance to his/her immediate supervisor hearing within thirty five (305) days after the occurrence service of the alleged grievancenotice to the employee. Such grievance must Failure to request the hearing within five (5) days means the employee has waived the right to a hearing. The hearing may not be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within scheduled sooner than ten (10) days from the time the charges were originally served. The notice shall include a card or paper which when signed by the employee constitutes a demand for hearing and a denial of all charges. The burden of proof shall be the District’s, provided however, that the Board’s determination of the receipt sufficiency of the grievancecause for disciplinary action shall be conclusive. f. The District may at its discretion use a hearing officer rather than the Board of Education to hear disciplinary actions. If the Board elects to use a hearing officer, the immediate supervisor shall inform the employee Board must adopt findings of the fact and conclusions of law to support its decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is the Board elects not to appeal on behalf of follow the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice recommendation of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Boardofficer, the Board shall inform must independently review the employee and/or his/her representative evidence offered at the hearing and render its decision with findings of its decision. The Board's decision shall be finalfact and conclusions of law.

Appears in 3 contracts

Samples: Contract Agreement, Contract Agreement, Contract Agreement

Procedures. Since it is important the In General, The adjustment of grievances shall be processed accomplished as rapidly as is possible. To that end, the number of days indicated at within which each level should step is prescribed to be accomplished shall be considered as maximum and every effort should shall be made to expedite the process. It is hereby understood that Under unusual circumstances, the time is limit prescribed in this statement may be extended or reduced by mutual consent of the essence in grievant and the processing of grievances hereunder. A. Any employee may present a person or persons by whom his grievance to is being considered. Grievant shall first take up his grievance with his/her immediate supervisor administrative superior in private informal conference(s) within thirty fifteen (3015) school days after the occurrence of the alleged grievanceevent upon which a grievance is based or after the grievant becomes aware of such event. Such grievance must If the employee is dissatisfied with the outcome of the initial private conference(s), s/he may request a formal conference with his/her immediate supervisor. Every effort should be made to develop an understanding of the facts and the issues in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten order to create a climate which will lead to a solution. The formal conference shall occur within five (105) school days of the receipt of last informal conference. In the grievance, event that the immediate supervisor shall inform the employee of the decision. C. Should the employee aggrieved person is not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth satisfied with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of his grievance at Level 1, or in the grievance under Step 2event that no decision is reached within five (5) school days after a formal presentation, he/she may appeal the decision matter in writing to the Superintendent of Schools. B. Within fifteen (15) days of Schools or his/her designated representative. If the hearing before grievant appeals the grievance to the Superintendent, the Superintendent shall inform confer with the employee and/or grievant in an effort to arrive at a satisfactory solution with five (5) school days after the representative Superintendent has received the appeal. If the grievant does not appeal the grievance to the Superintendent within thirty (30) school days after the formal conference at Xxxxx 0, the appeal of the decision. C. Should grievance shall automatically be waived. If the employee grievance is not appeal adjusted to the next step satisfaction of the grievant or if no decision is made thereon within ten (10) school days after the date the grievance shall be considered settled. A. The aggrieved employee maywas filed with the Superintendent or designated representative under Xxxxx 0, then the grievant may appeal the grievance to the Board for the purpose of final adjustment of the grievance by submitting a written request to the Clerk of the Board within ten (10) school days after the Superintendent or designated representative has rendered a decision or after the expiration of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within said ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be finaldays.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

Procedures. Since it is important the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should Effort shall be made to expedite settle concerns at the processlowest possible level. It is hereby understood that time is of The employee shall first promptly attempt to resolve any problem(s) relative to this Agreement informally between the essence in the processing of grievances hereunder. A. Any employee may present a grievance to and his/her immediate supervisor and/or the building athletic director within thirty fourteen (3014) days after calendar days. If the occurrence employee feels the concern has not been resolved within fourteen (14) calendar days, then the employee, or his/her Association designee, must formally present his/her concern to the supervisor or athletic director using the “Building Level Concern” form as seen in Appendix B. The supervisor or athletic director must reply in writing to the concern within seven (7) calendar days. The reply must include a decision and the reasons for that decision. A copy of the alleged grievancedecision must be given to the Association President at the same time. Such Should the supervisor or athletic director and employee not resolve the problem, the employee may file a grievance within seven (7) calendar days using the Grievance Review Request form titled Appendix C, with the Superintendent or his/her designee. The grievance must be in writing stating the facts of the case, the provisions of the Agreement that have allegedly been violated, and the remedy requested. The Superintendent or his/her designee will arrange a grievance meeting with the employee. The employee may request an association representative to be at the meeting. The meeting must state specifically that be scheduled within seven (7) calendar days after the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days delivered to the Superintendent or his/her designee. The purpose of the receipt this meeting shall be to affect a resolution of the grievance. The Superintendent or his/her designee shall provide a written decision within seven (7) calendar days after the meeting has been concluded. If the grievant is not satisfied with the Superintendent’s decision, the immediate supervisor shall inform the employee of the decision. C. Should the employee not he or she may appeal to the next step School Board within ten seven (107) calendar days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of after receiving the disposition of the grievance. If the grievance under Step 2, appeal the decision is submitted to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the School Board, the Board shall inform meet with the employee and/or his/her representative of its decision. The Board's decision shall be final.grievant at the earliest possible date not to exceed thirty

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. Since it is important the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the processStep One (Informal) 1. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present a grievance Expressing his/her complaint directly to his/her principal or immediate supervisor 2. Requesting his/her education association’s representative to express his/her complaint to his/her principal or immediate supervisor within thirty (30) days after for him/her 3. Appearing together with his/her education association representative before his/her principal or immediate supervisor for the occurrence purpose of expressing said complaint. If the complaint refers to the application or interpretation of personnel policies, rules, regulations, or an administrative decision, the principal or appropriate superior shall give the education association representative an opportunity to state the views of the alleged grievanceassociation. Such After doing so, the principal or appropriate superior shall communicate his/her views to the aggrieved, to his/her representative (if any) and to any participating education association representative. Before resolving the complaint, the principal or appropriate superior may consult the next higher level of administration for an opinion. Also, the education association representative may consult the next higher level of the education association for an opinion. If the aggrieved is not satisfied, he/she may then take or request that the complaint be taken to an appropriate higher level of administration or appropriate higher level of his/her education association. At any point in the above procedure the aggrieved teacher, the principal or the appropriate superior, or the education association representative may request that the complaint under consideration be referred to a fact finding committee and thus proceed directly to the more formal machinery set forth in Step Two of this grievance procedure. On proper written notice, the education association’s fact-finding committee, which must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days representative of the receipt faculty, hereafter referred to as the PR&R Committee, shall within ten days make a written judgment on the merits of the grievancecomplaint. If the PR&R Committee finds the complaint to be without merit, it shall so inform the aggrieved teacher and the Superintendent in writing. If so informed, the immediate supervisor aggrieved teacher may then carry his/her complaint forward on his or her own behalf. If the PR&R Committee finds merit in the complaint, it shall so inform the employee of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below teacher and the Superintendent. The appeal Superintendent or his designated representative shall then work with the PR&R Committee in a full good faith effort to seek an equitable solution. A written copy of the proceedings of all meetings held concerning a given complaint under this step should be in writing on furnished to the proper form aggrieved teacher, to the Superintendent, or his representative, to each member of the PR&R Committee, and shall set forth with specificity to the grievance asserted and President of the Education Association. The parties involved must resolve any complaint under consideration within fifteen days after the PR&R Committee has issued its disposition at Step 1written statement declaring that said complaint has merit. If a representative solution acceptable to all parties concerned is not reached within fifteen days after the PR&R Committee has issued its written statement declaring that the complaint has merit, the Superintendent or the PR&R Committee may institute binding grievance arbitration by so requesting in writing to appeal on behalf the School Board and the elected officials of the grievant education association. Within ten days after receiving a written notice request for binding grievance arbitration the School Board and the Education Association’s officers shall appoint a mutually acceptable neutral third party, free from influence by the parties involved, as an arbitrator. Within ten days after his/her name appointment, the arbitrator shall be designated examine the complaint, consider the opinions of all parties concerned, interpret the school policy in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee question, and submit his/her representative, if any, shall be given prior notice written recommendation to the School Board and the elected officers of the hearing date and placeeducation association for official confirmation. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance arbitrator’s recommendation shall be considered settled. A. to be binding on all parties concerned if not in violation of state law. The aggrieved employee may, within ten (10) days of receipt of notification School Board and the education association shall determine the costs of the disposition arbitration. All decisions reached under this grievance procedure shall be filed with each school administrator and the PR&R Committee to be used as precedents for future complaints. Copies of the grievance under Step 2proceedings shall not become a part of any teacher’s personnel file. School Board members, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days administrators, or teachers shall not discriminate against one another because of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative exercise of the decisiontheir rights under this grievance procedure. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 3 contracts

Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement

Procedures. Since The parties acknowledge that it is important usually most desirable for an employee and his immediately involved supervisor to resolve problems through free and informal communications. An attempt shall be made to resolve any grievance informally, through verbal discussion between the grievances 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 Association, a grievance may be processed as rapidly as possible, follows: Step 1: The employee or the number of days indicated at each level should be considered as maximum and every effort should be made Association shall present the grievance in writing on the required form to expedite the processimmediately involved supervisor [a copy is in Appendix A]. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present The immediately involved supervisor shall arrange a grievance meeting to his/her immediate supervisor take place within thirty five (305) days after the occurrence of the alleged grievance. Such grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievance. The grievant, his or her representative, the immediate supervisor immediately involved supervisor, and a district representative shall inform be present for the employee meeting. Within five (5) days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response on the required form, including the reasons for the decision. C. Should Step 2: If the employee grievance is not appeal resolved to the next step satisfaction of the grievant at Step 1, the grievant 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 Director shall arrange for a meeting to take place within five (5) davs of the Director’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) davs after the meeting, the grievant shall be provided with the Director’s written response, including the reasons for the decision. Step 3: If the grievance is not resolved at Step 2 or the time limits expire without the issuance of the Director’s written reply, the grievant may request a review by the Board of Education within seven (7) days after the employee receives the written decision or within ten (10) days after the time limits for Step 2 have expired. This request shall be considered settled. A. 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 aggrieved board, with counsel, shall review the grievance at a closed work session with the employee may, and representation. The Board shall render a decision in writing within ten (10) days of the receipt grievance review. Copies of an adverse the decision at Step 1 level, appeal of the Board of Education shall be sent to the proper supervisor immediately below aggrieved employee, to the Superintendent. The appeal shall be in writing on Director of Schools, and to the proper form and shall set forth with specificity the grievance asserted and its disposition at Association. Step 1. 4: If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee is not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of satisfied with the disposition of the grievance under at Step 24 or the time limits expire without the issuance of the Board’s written reply, appeal 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 to of the Superintendent arbitrator shall be advisor only, but will be adopted unless specifically rejected by a majority of Schools. B. Within fifteen the total membership of the Board within thirty (1530) days of receipt or the hearing before scheduling of a regular board meeting, whichever occurs first. Notification of rejection or adoption must be written, stating the Superintendent, date of consideration and the Superintendent shall inform the employee and/or the representative vote of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

Procedures. Since The parties acknowledge that it is important usually most desirable for a teacher and the grievances teacher's immediate supervisor to resolve problems through informal and free communications. Therefore, before a grievance is filed, the claimant shall discuss the claim with the most immediate supervisor. If, however, the informal process fails to satisfy the teacher, a grievance may be processed as rapidly as possiblein the following manner, and the number grievant may be accompanied by a representative of days indicated at each level should 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 considered as maximum and every effort should be made to expedite witnessed by the processgrievant. It is hereby understood that time is The written grievance shall state the nature of the essence in grievance, shall note the processing specific clause or clauses of grievances hereunder. A. Any employee may present the Agreement which are applicable, and shall state the remedy requested. The supervisor shall arrange for a grievance meeting to his/her immediate supervisor take place with the grievant within thirty five (305) days after the occurrence receipt of the alleged grievance. Such The supervisor shall make a decision on the grievance must be and communicate it in writing to the grievant and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten Superintendent within five (105) days of the receipt meeting. In the event the grievance has not been satisfactorily resolved at Step One, the grievant shall file a copy of the grievance, grievance with the immediate supervisor shall inform the employee Grievance Committee of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, Association within ten (10) days of receipt of notification the Step One written decision. If the Grievance Committee feels that the grievance has merit, the grievant shall file, within twenty (20) days of receipt of the disposition Step One written decision, a copy of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before with the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. . Within ten (10) days after receipt of the hearing before the Boardwritten appeal, the Board Superintendent shall inform respond in writing to the employee and/or his/her representative of its 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 Two, the grievance may proceed to binding arbitration. The Board's decision Association may submit to the Superintendent a written request on behalf of the Association and the grievant to enter into binding arbitration. If a demand for binding arbitration is not filed within thirty (30) days of receipt of the Step Two decision, then the grievance shall be finaldeemed withdrawn. Arbitration proceedings shall be conducted by an arbitrator to be selected by the two parties through mutual selection or from a roster of arbitrators provided by the American Arbitration Association. Within seven (7) days after the Association requests binding arbitration, the two parties will request the American Arbitration Association provide a panel of seven (7) arbitrators. Each of the two parties will alternately strike one name at a time from the panel until only one name shall remain. The remaining name shall be the arbitrator. Expenses for the arbitrator's services shall be borne equally by the District and the Association. The decision of the arbitrator shall be final and binding on the parties. The arbitrator, in his or her opinion, shall not amend, modify, nullify, ignore or add to the provisions of the Agreement. The arbitrator's authority shall be strictly limited to deciding only the issue or issues presented to him or her in writing by the District and the Association and his or her decision must be based solely and only upon his or her interpretation of the meaning or application of the expressed relevant language of the Agreement. The Board and the Association shall not be permitted to assert in these arbitration procedures any grounds or to rely on any evidence not previously disclosed to the other party.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. Since 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 important the grievances be processed as rapidly as possiblenot satisfactorily adjusted within five (5) work days, the number of grievant shall submit it in writing within five (5) work days indicated at each level should to the grievant's immediate administrative superior. Such written grievance must be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is filed within ten (10) work days of the essence in date that the processing grievant should have been logically aware of grievances hereunder. A. Any employee may present the act or circumstances giving rise to the grievance, except that an extension shall be granted ifmutually agreed-upon and reduced to writing. The administrative supervisor shall meet with the grievant and a grievance to Union representative and must render his/her immediate supervisor decision in writing, with copies to the grievant and the Union, within five (5) work days of the meeting with the grievant. Failing satisfactory settlement within such time limit, the grievant may within five (5) work days appeal in writing to the Superintendent, and such writing shall set forth specifically the basis of the grievance. The Superintendent or his/her designee shall meet with the grievant and a Union representative within five (5) work days of receipt by him/her of such appeal and shall give his/her decision in writing to the grievant and the Union within five (5) work days of such meeting. Board of Education Failing satisfactory settlement within such time limit, the grievant may within seven (7) work days after receipt of the Superintendent's decision at Step 2 appeal in writing to the Board, and such writing shall set forth specifically the basis of the grievance. The full Board, or a committee of the Board, shall meet with the grievant and a Union representative at its next regular scheduled meeting or a special meeting within thirty (30) calendar days after from the occurrence of the alleged grievance. Such grievance must be in writing and must state specifically that date the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.was

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. Since it is important the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made Step One: An employee(s) desiring to expedite the process. It is hereby understood that time is process a grievance must file a written statement of the essence in the processing of grievances hereunder. A. Any employee may present a grievance to his/her immediate supervisor within thirty the Department Manager no later than twenty (3020) work days after the occurrence of employee(s) knew the alleged grievance. Such grievance must be in writing and must state specifically that facts on which the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten based, and in no case more than six (106) months from the occurrence. The Department Manager shall meet with the grievant(s) and the Union representative within five (5) work days of the following receipt of the grievancenotice and shall give a written decision within five (5) work days thereafter. Step Two: If the grievant(s) and/or the Union is not satisfied with the decision of the Department Manager, the immediate supervisor shall inform grievant(s) and/or the employee Union may file, within twenty (20) work days following the Department Manager’s decision, a written appeal with the Town Administrator setting forth the specific reasons why the grievant(s) believes the Agreement has been or is being violated by the Town action in question. Within twenty (20) work days, following receipt of the decision. C. Should appeal, the employee Town Administrator shall either issue a written decision or schedule a hearing. Said hearing shall be held no later than twenty (20) days following receipt of the appeal and written decision shall be rendered within twenty (20) work days thereafter. Step Three: If the grievant(s) and/or the Union is not appeal to satisfied with the next step decision of the Town Administrator, the Union may file within ten (10) days work days, following receipt of the grievance decision of the Town Administrator, a written appeal with the Board of Selectmen setting forth the specific reasons why the grievant(s) believe the Agreement has been or is being violated by the Town action in question. Within twenty (20) work days, following receipt of the appeal, the Board of Selectmen shall either issue a written decision or schedule a hearing; said hearing shall be considered settled. A. The aggrieved employee may, held no later than twenty (20) days following receipt of the appeal and a written decision shall be rendered within ten (10) work days thereafter. Step Four: If the grievant(s) and/or the Union is not satisfied with the decision of the Board of Selectmen, the Union may file within twenty (20) work days, following receipt of an adverse the decision at Step 1 levelof the Board of Selectmen, appeal a request for arbitration to the proper supervisor immediately below the SuperintendentPublic Employee Labor Relations Board under its rules and regulations. The appeal Arbitrator shall be in writing on not have the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is power to appeal on behalf add to, ignore or modify any of the grievant terms or conditions of this Agreement. The Arbitrator’s decision shall not go beyond what is necessary for the interpretation and application of express provisions of this Agreement. The Arbitrator shall not substitute his/her name judgment for that of the parties in the exercise of rights granted or retained by this Agreement. The decision of the Arbitrator shall be designated in final and binding on the written appeal or initial complaintparties. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. Since it is important the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is A member(s) of the essence bargaining unit with an alleged grievance may initiate the grievance procedure in one (1) of the processing of grievances hereunder.ways listed at LEVEL I. LEVEL I: A. Any employee 1. He/she may present a grievance to approach the administrator immediately concerned and discuss the matter on his/her immediate supervisor within thirty (30) days after the occurrence own behalf. 2. He/she may request that a representative of the alleged grievanceAssociation accompany him/her in approaching the administrator, and the Association representative may speak on behalf of the grievant if desired. Such The administrator shall not initiate any consultation with the grievant prior to the scheduled meeting at which the Association representative may be present. 3. The above grievance must need not be in writing and must state specifically that will remain confidential. 4. If the grievance procedure is being invoked as well as what specifically has been violatednot resolved within five (5) days of the 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) days submit copies of the grievance in writing to the immediate administrator/supervisor. B. 2. Within five (5) days of the receipt of the grievance, the immediate administrator/supervisor shall meet with the grievant. 3. Within five (5) days of the meeting, the immediate administrator/supervisor shall write a disposition of the grievance and return a copy to the grievant (Association), the grieving employee, and the 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 immediate supervisor Superintendent or his/her designee shall inform meet with the employee of the decisiongrievant. C. Should the employee not appeal to the next step within 3. Within ten (10) days of this meeting, the superintendent or his/her designee shall write a disposition of the grievance shall be considered settledand forward copies to the grievant (Association), the grieving employee, and the immediate administrator/supervisor. A. 4. If the grievant is not satisfied with the disposition of the grievance at LEVEL III, the grievant may pursue the grievance further by proceeding to LEVEL IV. LEVEL IV. 1. The aggrieved employee mayAssociation shall notify the Superintendent by certified mail, with return receipt requested, within ten (10) days after receipt of the receipt of an adverse decision at Step 1 level, appeal LEVEL III disposition that it intends to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity submit the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaintarbitration. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing2. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative receipt of the written decisionrequest 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. D. Should 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 employee not appeal to the next step within ten (10) days 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 considered settledin writing and a copy sent to all parties present at the hearing. A. 6. The aggrieved employee may, within ten (10) days of receipt of notification decision of the disposition 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 grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance arbitrator shall be considered settled. A. The aggrieved employee may, within ten (10) days of shared equally by the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by Association and the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

Procedures. Since it is important the that grievances be processed presented as rapidly as possible, the number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process. It is hereby understood that The time is of the essence limits specified may, however, be extended by mutual agreement in the processing of grievances hereunder. A. Any writing. An employee may present with a grievance to shall notify his/her immediate supervisor Principal/Supervisor in writing, within thirty seven (307) days regular workdays of the grievance, with the objective of resolving the matter informally. The Principal and/or Supervisor shall act on the grievance within five (5) regular workdays after the occurrence grievance is submitted in writing. The involvement of the alleged Principal/Supervisor in the first step of the grievance procedures should be a personal dialogue between the Principal/Supervisor and the employee to resolve the grievance. Such grievance If an employee wishes representation at this level, written notice must be given to the Principal/Supervisor at least twenty-four (24) hours before the scheduled meeting. The Principal/Supervisor has the right for a second party of his or her choosing to be present at the meeting. Only in writing and must state specifically the event that the grievance procedure Principal/Supervisor is being invoked as well as what specifically has been violated. B. Within ten (10) days the subject of the receipt grievance, may the aggrieved take his/her complaint directly to the Superintendent or his/her Designee. If a complaint is not settled by the respective Principal/Supervisor to whom the appeal is made in Level One in five (5) regular workdays, or the aggrieved receives no communication on the resolution of the grievance in five (5) regular workdays after presentation of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step may file his/her grievance in writing within ten (10) days regular workdays after the original presentation to the Principal with the Superintendent or his/her Designee. Such communication should notify the Superintendent whether the aggrieved wishes Association representation to be or not to be present and should be filed with the knowledge of his/her Principal and/or Supervisor that this second step is being taken. B report from the Principal/Supervisor shall be submitted to the Superintendent in conjunction with the appeal of the employee. The Superintendent shall act on the grievance shall be considered settled. A. The within twenty (20) regular workdays. If the aggrieved employee mayis not satisfied with the Superintendent’s decision or if no decision has been rendered within twenty (20) regular workdays after the grievance was received by the Superintendent, the aggrieved employee may arrange an appointment through the Superintendent with the Board of Education for discussion. This request must be made in writing to the Superintendent, and must be filed within ten (10) days regular workdays after the Superintendent’s decision or thirty (30) regular workdays after the filing of the receipt of an adverse decision grievance. Association representation, at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf written request of the grievant his/her name shall aggrieved, may be designated in present at all sessions involving the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice the Board of the hearing date and placeEducation. The employee Board of Education shall be relieved take action on the grievance in twenty (20) regular workdays or at the next regularly scheduled Board of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of Education meeting after the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the request is received and communicated its decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the aggrieved employee and/or the representative of the decision. C. Should the employee not appeal with a copy to the next step within ten (10) days the grievance shall be considered settledAssociation. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

Procedures. Since it is important The following constitutes the sole and exclusive method for resolving grievances be processed as rapidly as possible, between the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunder.Parties covered by this Agreement: A. Any employee may present a Step 1 (Informal) A personal grievance to his/her shall be raised by the Grievant requesting an informal conference with the grievant’s immediate supervisor within supervisor, as soon as possible but no more than thirty (30) working days after the occurrence of the alleged grievanceincident or thirty (30) working days after he or she would reasonably be expected to know of its occurrence. Such The immediate supervisor shall listen to and consider the allegation and may take appropriate steps to address it. If the Grievant is dissatisfied with the results of this conference, he or she shall, within five (5) working days of the conference so inform the immediate supervisor of this dissatisfaction and file a written grievance must be in writing and must state specifically that on College- prepared forms with the grievance procedure is being invoked as well as what specifically has been violated. B. Within contract Administrator designated by the College. Receipt of the completed form by the Contract Administrator within ten (10) working days of the conference with the immediate supervisor shall constitute fulfillment of the requirements of Step 1 and shall constitute a request for Step 2. The Grievant may be represented at any time by an Association representative. B. Step 2 Upon receipt of the completed grievance complaint form, the appropriate Xxxx or Vice President shall arrange for an interview of the Grievant by the Xxxx or Vice President or his or her designee to be held within ten (10) working days of the filing of the grievance complaint form. At the interview, it will be determined if the appropriate steps taken to address the problem have been taken. If it is determined by the Xxxx or Vice President that the complaint is justified, or on the other hand, if the Xxxx or Vice President finds that the grievance is unfounded or unwarranted, he or she shall so inform the grieving Unit Member in writing. This decision shall be made in writing to the Grievant within ten (10) working days after the interview conducted by the Xxxx/Vice President or his or her designee with the Unit Member. C. Step 3 The Grievant may appeal the decision of the Xxxx or Vice President to the President if the Grievant determines that the grievance has not been appropriately resolved. The appeal must be made in writing within ten (10) working days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal Xxxx/Vice President’s response. The President will make a written response to the next step Grievant within ten fifteen (1015) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) working days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decisionappeal. D. Should Step 4 If the employee not appeal Grievant determines that the President’s response to the next step within ten (10) days appeal is not satisfactory, the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, Grievant may appeal the decision in writing to the Superintendent Board of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step Trustees within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.ten

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. Since it is important (a) Failure at any step of this procedure to communicate the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present decision on a grievance within the specified time limits shall permit the aggrieved employee to his/her immediate supervisor within thirty (30) days after proceed to the occurrence next step. Failure at any step of the alleged grievance. Such this procedure to appeal a grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten the specified time limits shall be deemed to be acceptance of the decision rendered at that step. (10b) days It is understood that employees shall, during the pendency of any grievance, continue to observe all assignments and applicable rules and regulations of the Board until such grievance has been fully determined. 2. Any employee or group and its representative who has a grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth discuss it first with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name immediate superior in an attempt to resolve the matter informally at that level. 3. If the grievance is not settled satisfactorily in fifteen (15) days time, it shall be designated reduced to writing. The supervisor shall communicate his/her decision in the written appeal or initial complaint. B. Within ten writing within fifteen (1015) days of receipt of said appeal the designated supervisor shall conduct a hearingwritten grievance. 4. The aggrieved employee and his/her representativeemployee, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten no later than fifteen (1015) school days following the hearing, the designated supervisor shall inform the employee and/or the representative after receipt of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee mayanswer, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, may appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of . The Superintendent or his representative and the hearing before Association President shall attempt to resolve the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee matter within a period not appeal to the next step within exceed ten (10) school days. The Superintendent or his representative shall communicate his decision in writing to the employee and the Association. 5. If the grievance is not resolved to the grievant's or the Association's satisfaction, the grievant or the Association no later than five (5) school days after receipt of the Superintendent's decision, may request a review by the Board of Education. The grievance shall be considered settled. A. jointly by the Association Executive Committee and the Board, or such sub committees as either shall designate. The aggrieved employee Board may, at its option, hold a hearing with the employee or employees and the Association shall answer such grievance in writing within ten thirty (1030) days of receipt. 6. The Association and the receipt Board may settle any grievance reduced to writing at any step so long as such settlement does not discriminate against the employees involved in any manner prohibited by law (or deprive them of notification any rights available to other members of the disposition of his/her grievance under Step 3, request a hearing by the Boardunit). B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. Since it 1. The aggrieved person shall discuss the grievance informally with the immediate supervisor. 2. If the aggrieved person is important not satisfied with the grievances be processed as rapidly as possibledisposition of the grievance, he/she shall, within five (5) 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 grievance; (b) The nature and extent of the loss, injury or inconvenience, and the remedy requested; (c) With respect to building service staff, the number results of previous discussions and the stated dissatisfaction with the decision previously rendered. 3. The Superintendent shall investigate the grievance and give his/her decision in writing within five (5) school days indicated at each level should to the aggrieved person. 4. If the aggrieved person is not satisfied with the disposition of the grievance, he/she shall, within five (5) school days, request a review by the Board. The request shall be considered as maximum submitted in writing through the Superintendent, who shall attach all related papers and every effort should 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 decision or the expiration of the time by which a decision is to be rendered, whichever is sooner, may request in writing that the Association submit the grievance to advisory arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance to advisory arbitration by notifying the Superintendent of such fact in writing within ten (10) school days after receipt by the Association of the request to submit the grievance to advisory arbitration. Such application for advisory arbitration shall be made to expedite the processP.E.R.C. 6. It is hereby understood that time is The arbitrator selected shall confer with representatives of the essence 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 processing terms and conditions of grievances hereunder. A. Any employee may present a grievance this Agreement or to add any provisions thereto. The arbitrator shall issue his/her immediate supervisor recommendations within thirty (30) calendar days after he/she has concluded the occurrence hearings. The recommendations of the alleged grievance. Such grievance must arbitrator shall be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violatedadvisory only, not binding. B. Within ten (10) days 7. The costs for the services of the receipt of the grievancearbitrator, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representativeincluding per diem expenses, if any, shall be given prior notice and actual and necessary travel, subsistence expenses and the cost of the hearing date and place. The employee room shall be relieved of his/her responsibilities, if necessary, without borne equally by the loss of salary, for Board and the purpose of attending Association. Any other expenses incurred shall be paid by the hearingparty incurring same. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before 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 shall inform if it arises out of or relates to the employee and/or his/her representative interpretation or application of its decision. The Board's decision shall be finalany of the following provisions of this Agreement; ARTICLE XI; or ARTICLE XII.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. Since (A) Employee grievances filed in accordance with this Article are to be presented and handled promptly at the lowest level of supervision having the authority to adjust the grievances. Grievances may be filed and responded to by facsimile, electronic mail, mail, or personal delivery. (B) After a grievance is presented, no new violation or issue can be raised. (C) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation. (D) If a grievance meeting is held or requires reasonable travel time during the working hours of any required participant, such participant shall be excused without loss of pay for that purpose. Attendance at grievance meetings outside of regular working hours shall not be deemed time worked. (E) Grievances shall be presented and adjusted in the following manner, and no individual may respond to a grievance at more than one written step. (1) Oral Discussion (a) An employee having a grievance may, within 14 days following the occurrence of the event giving rise to the grievance, initiate the grievance by presenting it orally to the Oral Step representative or by filing a written grievance at Step 1. The Oral Step representative shall make every effort to resolve the grievance at the Oral Step, including meeting to discuss the grievance if such meeting is important requested by the grievances be processed as rapidly as possibleemployee or the employee’s representative if a meeting is deemed necessary by the Oral Step representative. The Oral Step representative shall communicate a decision to the employee and the employee’s representative, if any, within 14 days following the date the grievance is received at the Oral Step. (b) Failure to communicate the decision within the specified time limit shall permit the employee, or the Union where appropriate, to proceed to the next step. (c) The number of days indicated at each level should this step shall be considered as maximum the maximum, and every effort should will be made to expedite the process. It However, the time limits specified in any step of this procedure may be extended in writing in any specific instance as long as necessary provided there is hereby understood that time agreement by both sides. (d) The Oral Step representative for correctional institutions shall be the Chief Correctional Officer or designee. The Oral Step representative for community corrections shall be the Circuit Administrator, or designee. The Oral Step representative for employees in the institutional security specialist series shall be the Security Chief or designee. (2) Step 1 (a) If the employee elects to utilize the oral discussion step and the grievance is not resolved, the employee or the designated employee representative may submit it in writing to the Step 1 management representative within 14 days following the receipt of the essence in oral step decision. If the processing employee elects not to utilize the oral discussion provision of grievances hereunder. A. Any employee this section he may present file a written grievance to his/her immediate supervisor at Step 1, provided such written grievance is filed within thirty (30) 14 days after following the occurrence of the alleged event giving rise to the grievance. Such In filing a grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If , the employee or the designated employee representative shall submit to the Step 1 Management Representative a representative grievance form as contained in Appendix B, setting forth specifically the complete facts on which the grievance is to appeal on behalf based, the specific provision or provisions of the grievant his/her name Agreement allegedly violated, and the relief requested. All written documents to be considered by the Step 1 Management Representative shall be designated in submitted with the grievance form; however, if additional written appeal or initial complaintdocumentation is obtained after the grievance is filed, such documentation may be presented at the Step 1 meeting. B. Within ten (10b) days of receipt of said appeal The Step 1 Management Representative or designated representative shall meet to discuss the designated supervisor grievance and shall conduct communicate a hearing. The aggrieved decision in writing to the employee and his/her the employee’s representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) within 14 days following the hearingdate the grievance is received at Step 1. (c) Failure to communicate the decision within the specified time limit shall permit the employee, or the Union where appropriate, to proceed to the next step. (d) The number of days indicated at this step shall be considered as the maximum, and every effort will be made to expedite the process. However, the time limits specified in any step of this procedure may be extended in writing in any specific instance as long as necessary provided there is agreement by both sides. (3) Step 2 (a) If the grievance is not resolved at Step 1, the employee or the employee’s representative may submit it in writing to the Agency Head or designated supervisor representative within 14 days after receipt of the decision at Step 1. The grievance shall inform include a copy of the grievance form submitted at Step 1 and a copy of the Step 1 response, together with all written documents in support of the grievance. When the grievance is eligible for initiation at Step 2, the grievance form must contain the same information as a grievance filed at Step 1 above. (b) The Agency Head or designated representative may meet with the employee and/or the designated Union representative to discuss the grievance. If the grievance is initiated at Step 2, the parties shall meet to discuss the grievance. The Agency Head or designated representative shall communicate a decision in writing within 21 days following receipt of the written decisiongrievance. D. Should (c) Failure to communicate the employee not appeal decision within the specified time limit shall permit the employee, or the Union where appropriate, to proceed to the next step. (d) The number of days indicated at this step within ten (10) days the grievance shall be considered settledas the maximum, and every effort will be made to expedite the process. However, the time limits specified in any step of this procedure may be extended in writing in any specific instance as long as necessary provided there is agreement by both sides. A. The aggrieved (4) Step 3 (a) If a grievance is not resolved at Step 2, the designated Union representative, or the employee mayif not represented by the Union, may appeal the Step 2 decision, in writing, to the Department of Management Services within ten (10) 14 days of after receipt of notification of the disposition decision at Step 2. The grievance shall include a copy of the grievance under Step form submitted at Steps 1 and 2, appeal together with all written responses and documents in support of the grievance. The Department of Management Services may meet with the Union President or designated Union representative, to discuss the grievance. When the grievance is eligible for initiation at Step 3, the grievance form must contain the same information as the grievance filed at Step 1 above. (b) The Department of Management Services shall communicate a decision in writing to the employee and the Union President or designated Union representative within 21 days following receipt of the written grievance. (c) Failure to communicate the decision within the specified time limit shall permit the employee, or the Union where appropriate, to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal proceed to the next step. (d) The number of days indicated at this step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee mayas the maximum, within ten (10) days of and every effort will be made to expedite the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Boardprocess. However, the Board shall inform the employee and/or his/her representative time limits specified in any step of its decision. The Board's decision shall this procedure may be finalextended in writing in any specific instance as long as necessary provided there is agreement by both sides.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. Since it is important Step one (informal) A. Expressing his complaint directly to his principal or immediate superior or: B. Requesting the grievances be processed as rapidly as possibleAssociation's representative to express his complaint to his principal or immediate superior for him or, C. Appearing together with the Association representative before his principal or immediate superior for the purpose of expressing said complaint. If the complaint refers to the application or interpretation of personnel policies, rules, regulations, or an administrative decision, the number of days indicated at each level should be considered as maximum and every effort should be made principal or appropriate superior shall give the Association representative an opportunity to expedite state the process. It is hereby understood that time is views of the essence in Association. Within five days, the processing principal or appropriate superior shall communicate his views to the aggrieved, to his representative (if any), and to any participating Association representative. Before resolving the complaint, the principal or the appropriate superior may consult the next higher level of grievances hereunder. A. Any employee administration for an opinion, also the Association representative may present a grievance to his/her immediate supervisor within thirty (30) days after consult with the occurrence next higher level of the alleged grievanceAssociation for an opinion. Such grievance must be in writing and must state specifically If the aggrieved is not satisfied, he may then take or request that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days complaint be taken to an appropriate higher level of administration or appropriate higher level of the receipt of the grievanceAssociation. (step 2) On proper written notice, the immediate supervisor Association's fact-finding committee hereafter referred to as the Grievance Committee, shall inform within five days transmit the employee of the decision. C. Should the employee not appeal complaint to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal Superintendent or his designated representative shall then work with the Grievance Committee in a full good faith effort to seek an equitable solution. A written copy of the proceedings of all meetings held concerning a given complaint under this step shall be in writing on furnished to the proper form aggrieved teacher, to the superintendent or his representative, to each member of the Grievance Committee and shall set forth with specificity to the grievance asserted and its disposition at Step 1president of the Association. The parties involved must attempt to agree upon any complaint under consideration within ten days after the Grievance Committee has transmitted the complaint to the superintendent. If a representative solution acceptable to all parties concerned is not reached within ten days after the Grievance Committee has transmitted the complaint to appeal on behalf the superintendent, the superintendent or the Grievance Committee may institute grievance arbitration by so requesting in writing to the school board and the elected officers of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Association. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct after receiving a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, written request for the purpose of attending the hearing. C. Within ten (10) days following the hearinggrievance arbitration, the designated supervisor school board and the Association's elected officers shall inform the employee and/or the representative appoint a mutually acceptable advisory board consisting of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Boardthree neutral parties. In addition, the Board will name one advisor and the Association shall inform name another. Within ten days after their appointment, the employee and/or his/her representative Advisory Board shall examine the complaint, consider the opinions of its decision. The Board's decision shall be finalall parties concerned, interpret the school policy in question, and submit their written recommendation to the school board and the elected officers of the association for official confirmation.

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement

Procedures. Since it is important the Under this Section, grievances will be processed in accordance with the following procedure. Throughout this grievance procedure "days" is defined as rapidly as possible"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 number of days indicated at each level should be considered as maximum and every effort should be made grievance in writing to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present a grievance to his/her their immediate supervisor within thirty fourteen (30) days after the occurrence of the alleged grievance. Such grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (1014) 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 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 shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the 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 pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit the grievance in writing to the 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 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 be present during adjustment decision of the grievance. Within fourteen (14) 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. Within fourteen (14) days of the date of receipt of the grievance, the immediate supervisor CO of the Marine Center shall inform the employee in writing of the decision. C. Should . If not satisfied, the employee not appeal to may notify the next step Union and Marine Center Director in writing of their dissatisfaction within ten seven (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (107) days of the receipt date of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaintreceipt. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. Since it is important A grievance shall be handled in the grievances be processed as rapidly as possiblefollowing manner: 9.2.1 Step One: Within twenty (20) days of the act or omission which gave rise to the grievance, or within twenty (20) days from the date the grievant knew or reasonably should have known of the act or omission, the number of days indicated at each level should be considered as maximum and every effort should be made grievant shall attempt to expedite resolve the process. It is hereby understood that time is grievance through an informal conference with the immediate supervisor of the essence in unit member who was directly affected by the processing alleged violation, misinterpretation, or misapplication of grievances hereunderthis Agreement. A. Any employee 9.2.2 Step Two: If the grievance is not resolved at Step One to the grievant’s satisfaction, the grievant may present a the grievance in writing to his/her the immediate supervisor within thirty five (305) days after expiration of the time period specified in Step One. The written grievance shall include the specific provision(s) of this Agreement that allegedly were violated, misinterpreted, or misapplied, a clear statement of all material facts on which the grievance is based, and desired remedy. The immediate supervisor shall provide the grievant with a written response within ten (10) days after receipt of a timely submitted written grievance. At Step Two of the grievance procedure, the grievant may elect in writing to represent himself/herself rather than have the Association provide representation. 9.2.3 Step Three: If the grievance is not resolved to the grievant’s satisfaction at Step Two, the grievant may submit the written grievance and immediate supervisor’s response, if any, to the District Superintendent within five (5) days after receipt of the immediate supervisor’s written response at Step Two, or if the immediate supervisor fails to issue a timely response, within five (5) days after the occurrence expiration of the alleged time period for issuance of a written response. Within five (5) days after the receipt of timely submitted grievance at Step Three, the Superintendent or his/her designee will meet with the grievant in an attempt to resolve the grievance. Such grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of after the receipt meeting, the Superintendent shall provide the grievant with a written response to the grievance. 9.2.4 Step Four: Mediation 9.2.4.1 If the grievant is not satisfied with the disposition of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal or if no disposition has occurred pursuant to the next step within ten (10) days provisions of Step Four, the grievance shall may be considered settled. A. The aggrieved employee may, referred to grievance mediation within ten (10) days of the receipt of an adverse decision at Step 1 levelGoverning Board’s decision. 9.2.4.2 The grievant may request that a conciliator/mediator from the California State Mediation/Conciliation Service, appeal or from any other mutually agreeable recognized dispute resolution center, be assigned to assist the proper supervisor immediately below parties in the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf resolution of the grievant his/her name shall be designated in the written appeal or initial complaintgrievance. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. 9.2.4.3 The aggrieved employee and his/her representative, if anymediator, shall be given prior notice of meet with the hearing date grievant, the Association and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, District for the purpose of attending resolving the hearinggrievance. C. Within ten (10) days following the hearing9.2.4.4 If an agreement is reached, the designated supervisor agreement shall inform be reduced to writing and shall be signed by the employee and/or grievant, the representative Association and the District. This agreement shall be non-precedential and shall constitute a settlement of the written decisiongrievance. D. Should the employee 9.2.4.5 If an agreement is not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendentreached, the Superintendent shall inform the employee and/or the representative of the decisionAssociation and District proceed to Step Five. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. Since it is important The Xxxxxx Education Association designates the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present a grievance to Association President or his/her immediate supervisor within thirty (30) days after designee as the occurrence local agent responsible for processing grievances through Level Three. 1. LEVEL ONE – A member – group of members, or the alleged grievance. Such grievance must be in writing and must state specifically Association believing that the grievance procedure is being invoked as well as what specifically there has been violated. B. Within ten (10) days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee maya violation shall, within ten (10) school days of its alleged occurrence, orally discuss the receipt grievances with the building Principal and the representative of the Association in an adverse decision at Step 1 levelattempt to resolve the matter. If no resolution is obtained within five (5) school days following the discussion, appeal the grievant shall express the grievance in writing and process in accordance with Level Two. 2. LEVEL TWO - If the meeting is with the school principal and the parties cannot agree, the grievance shall promptly be transmitted to the proper supervisor immediately below Superintendent who shall have five (5) school days thereafter to approve or disapprove the grievance. If the grievance is transmitted directly to the Superintendent. The appeal , he/she shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within have ten (10) school days of from receipt of said appeal the designated supervisor shall conduct to approve or disapprove it. An Association, or a hearing. The aggrieved employee and his/her representative, if any, shall group grievance may be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal submitted directly to the next step within ten (10) days Superintendent. If the grievance shall be considered settled. A. The aggrieved employee maydenied by the Superintendent, within ten (10) days of receipt of notification either upon review of the disposition action of the grievance under Step 2, appeal school principal or in the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendentfirst instance, the Superintendent shall inform answer the employee and/or grievance in writing and the representative grievance with the answer shall be transmitted to the Association. 3. LEVEL THREE - If the decision of the decisionSuperintendent is not satisfactory to the Association, the grievance may be submitted within twenty (20) school days to arbitration before an impartial arbitrator selected by the parties. C. Should a. The arbitrator shall be selected by the employee American Arbitration Association in accord with its rules which shall likewise govern the Arbitration hearing. The Board and Association shall not appeal be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the Board and to the Association. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction where such award does not conflict with or deny the powers and duties of the Board granted by Legislative Act. b. If any ancillary staff member for whom a grievance is sustained shall be found to have been improperly reprimanded or improperly deprived of a position, or unjustly discharged, the arbitrator will have authority to reinstate the ancillary staff member, with full reimbursement for all compensation lost. The costs of any arbitration under this article shall be shared equally by the Board and the Association. c. It is expressly understood that the grievance procedure shall not apply to those matters from which statute authorizes specific remedy, such as the Tenure Teacher Act. d. It is understood that the time limits are maximum and can be extended with the written mutual consent of both parties. Both parties should be encouraged to process a grievance as rapidly as possible and within the limits and procedure as set forth herein. If the administration at any step fails to respond in a timely manner, the grievance will be considered denied and may be moved to the next step within ten (10) days level. Failure of the grievant to meet any time limits will result in the grievance shall be being considered settledas withdrawn. A. The aggrieved employee maye. In the event a grievance is filed after May 1st of any year and strict adherence to the time limits may result in hardship of any party, within ten (10) days of the receipt of notification of the disposition of Superintendent shall use his/her best efforts to process such grievance under Step 3, request a hearing by prior to the Board. B. Within ten (10) days end of the hearing before school term or as soon thereafter as possible. If the Boardgrievance is processed to arbitration, the Board shall inform parties may submit the employee and/or his/her representative grievance to expedited arbitration under the rules of its decision. The Board's decision shall be finalthe American Arbitration Association.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Procedures. Since it is important the grievances be processed as rapidly as possible, the 7.3.1 The number of days indicated at each level should of this procedure shall be considered as maximum and every effort should shall be made to expedite the process. It is hereby understood that . 7.3.2 Grievance proceedings shall be kept informal at all levels of this procedure. 7.3.3 If the College fails to comply in writing or with its time is limit requirements as set forth under any of the essence in procedure steps, the processing grievance shall be considered automatically appealed to the next level of grievances hereunderthe procedure. A. Any employee 7.3.4 If the grievant fails to comply with the grievant’s time limit or procedural requirements, as set forth under any of the procedure’s steps, the grievance shall be considered null and void. At this point the College shall have no obligation to schedule any grievance meetings or arbitration. 7.3.5 The time limits set forth herein may be extended provided the extension has been mutually agreed upon in writing by the 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 to his/her immediate supervisor within thirty (30) days after without the occurrence intervention of the alleged grievanceUnion 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 grievance notification must be in writing and must state specifically 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 is being invoked as well as what specifically has been violated. B. Within ten (10) days of at which the receipt of grievance may be submitted. However, grievances alleging contract violations made by the grievanceXxxx, the immediate supervisor shall inform the supervisor, or their designees, must be submitted at level 1. An individual employee of the decisioncannot file a grievance to assert a Union right. C. Should the employee not appeal 7.3.11 All documents related to the next step within ten (10) days the a grievance shall be considered settledmaintained in a separate grievance file. This provision does not include documentation of disciplinary actions and/or documents that are the subject of a grievance. A. The aggrieved employee may7.3.12 Unless otherwise agreed to by the parties, within ten (10) days 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 receipt of an adverse grievance procedure and the decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal 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 on writing” for the proper form purposes outlined in this Article. 7.3.15 The parties shall maintain confidentiality for all grievance proceedings and shall set forth with specificity the grievance asserted and its disposition at Step 1for documents required by law to be kept confidential. If a representative 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 appeal on behalf 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 grievant his/her name procedure, the parties may initiate a settlement proceeding as an attempt to resolve a grievance. If the proceeding is initiated, the grievance time limits will be placed on hold in writing. The proceeding shall be designated conducted by a representative appointed by the Union and one appointed by the College. If either party determines that the proceeding should be terminated, that party may end the settlement proceeding by submitting a notification in writing to the written appeal or initial complaint. B. Within ten (10) days other party of receipt of said appeal its intent to terminate the designated supervisor shall conduct a hearingproceeding and reinstate the time limits. The aggrieved employee and his/her representative, if any, time limits shall be given prior notice reinstated upon service to the other party of such reinstatement and shall include any portion of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal time limits that expired prior to the next step within ten (10) days parties agreement to toll the grievance shall be considered settledtime limits. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. Since it is important The Xxxxxx Education Association designates the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present a grievance to Association President or his/her immediate supervisor within thirty (30) days after designee as the occurrence local agent responsible for processing grievances through Level Three. 1. LEVEL ONE - A teacher– group of teachers, or the alleged grievance. Such grievance must be in writing and must state specifically Association believing that the grievance procedure is being invoked as well as what specifically there has been violated. B. Within ten (10) days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee maya violation shall, within ten (10) school days of its alleged occurrence, orally discuss the receipt grievances with the building Principal and the representative of the Association in an adverse decision at Step 1 levelattempt to resolve the matter. If no resolution is obtained within five (5) school days following the discussion, appeal the grievant shall express the grievance in writing and process in accordance with Level Two. 2. LEVEL TWO - If the meeting is with the school principal and the parties cannot agree, the grievance shall promptly be transmitted to the proper supervisor immediately below Superintendent who shall have five (5) school days thereafter to approve or disapprove the grievance. If the grievance is transmitted directly to the Superintendent. The appeal , he/she shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within have ten (10) school days of from receipt of said appeal the designated supervisor shall conduct to approve or disapprove it. An Association, or a hearing. The aggrieved employee and his/her representative, if any, shall group grievance may be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal submitted directly to the next step within ten (10) days Superintendent. If the grievance shall be considered settled. A. The aggrieved employee maydenied by the Superintendent, within ten (10) days of receipt of notification either upon review of the disposition action of the grievance under Step 2, appeal school principal or in the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendentfirst instance, the Superintendent shall inform answer the employee and/or grievance in writing and the representative grievance with the answer shall be transmitted to the Association. 3. LEVEL THREE - If the decision of the decisionSuperintendent is not satisfactory to the Association, the grievance may be submitted within twenty (20) school days to arbitration before an impartial arbitrator selected by the parties. C. Should a. The arbitrator shall be selected by the employee American Arbitration Association in accord with its rules which shall likewise govern the Arbitration hearing. The Board and Association shall not appeal be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the Board and to the Association. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction where such award does not conflict with or deny the powers and duties of the Board granted by Legislative Act. b. If any teachers for whom a grievance is sustained shall be found to have been improperly reprimanded or improperly deprived of a position, or unjustly discharged, the arbitrator will have authority to reinstate the teacher, with full reimbursement for all compensation lost. The costs of any arbitration under this article shall be shared equally by the Board and the Association. c. It is expressly understood that the grievance procedure shall not apply to those matters from which statute authorizes specific remedy, such as the Tenure Teacher Act. d. It is understood that the time limits are maximum and can be extended with the written mutual consent of both parties. Both parties should be encouraged to process a grievance as rapidly as possible and within the limits and procedure as set forth herein. If the administration at any step fails to respond in a timely manner, the grievance will be considered denied and may be moved to the next step within ten (10) days level. Failure of the grievant to meet any time limits will result in the grievance shall be being considered settledas withdrawn. A. The aggrieved employee maye. In the event a grievance is filed after May 1st of any year and strict adherence to the time limits may result in hardship of any party, within ten (10) days of the receipt of notification of the disposition of Superintendent shall use his/her best efforts to process such grievance under Step 3, request a hearing by prior to the Board. B. Within ten (10) days end of the hearing before school term or as soon thereafter as possible. If the Boardgrievance is processed to arbitration, the Board shall inform parties may submit the employee and/or his/her representative grievance to expedited arbitration under the rules of its decision. The Board's decision shall be finalthe American Arbitration Association.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Procedures. Since it ‌ It is important desirable for an employee and the grievances employee's supervisor to resolve problems through informal discussions. If, however, the informal process fails to resolve the issue, a grievance shall be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunder.follows: A. STEP 1: Any employee may present member covered by this Agreement who has a grievance to his/her immediate supervisor within thirty (30) days after the occurrence of the alleged grievance. Such grievance must be shall submit it in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten (10) days Immediate Supervisor or other person designated by the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the SuperintendentBoard for this purpose. The appeal shall be in writing on the proper form and grievance shall set forth with specificity 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 asserted and its disposition with the member at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten time mutually agreeable within fifteen (1015) calendar days of receipt of said the 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 member wishes to appeal the designated supervisor grievance, it shall conduct a hearing. The aggrieved employee and be referred in writing within fifteen (15) calendar days after receipt of the answer at Step 1 to the Xxxxxxx or his/her representative, if any, shall be given prior notice of the hearing date and placedesignee. The employee shall be relieved of Xxxxxxx or his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor designee shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days discuss the grievance shall be considered settled. A. The aggrieved employee may, with the member at a time mutually agreeable within ten fifteen (1015) calendar days of receipt of notification the written grievance. A representative of the disposition of Association will be given the grievance under Step 2opportunity to be present at such meeting and, appeal if requested by the decision to member, may represent the Superintendent of Schools. B. Within member at the meeting. If no settlement is reached, the Xxxxxxx or his/her designee shall give a written answer within fifteen (15) calendar days following their meeting. STEP 3: If the grievance is not settled at Step 2 and the member wishes to appeal the grievance, it shall be referred in writing within fifteen (15) calendar days after receipt of the hearing before answer at Step 2 to the Superintendent, President. The President or his/her designee (provided he/she has not been previously involved in Step 1 or Step 2) shall discuss the Superintendent shall inform grievance with the employee and/or member at a time mutually agreeable within fifteen (15) calendar days after receipt of the written grievance. A representative of the decision. C. Should Association will be given the employee not appeal opportunity to be present at such meeting and, if requested by the next step within ten (10) days member, may represent the grievance shall be considered settled. A. The aggrieved employee maymember at the meeting. If no settlement is reached, within ten (10) days of the receipt of notification of the disposition of President or his/her grievance under Step 3, request designee shall give a hearing by the Boardwritten answer within fifteen (15) calendar days following theirmeeting. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. Since it is important the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should 1. First Step: An attempt will be made to expedite resolve any grievance in informal, verbal discussion between complainant, accompanied by an Association representative if requested by the process. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present a grievance to complainant, and his/her immediate supervisor within thirty superior. The Association will be informed by the administration of the outcome achieved at this step. 2. Second Step: If grievance cannot be resolved informally, grievant(s) will file the grievance in writing with the principal. Within ten (3010) days after such written grievance is filed, the aggrieved, representative of the aggrieved as desired, and the principal will meet to resolve the grievance. The written grievance must state the nature of the grievance, note the specific clause or clauses of the Agreement allegedly violated, and state the remedy requested. Any grievance filed by the Association or a group of teachers must specifically state by name each teacher included within the grievance, the nature of the grievance and the remedy sought for each such teacher at the Step 2 meeting. The filing of the grievance at the second step must be within twenty-five (25) days from the date of the occurrence of the alleged event giving rise to the grievance, except for grievances pertaining to payroll which must be filed within thirty-five (35) days of the receipt of the initial paycheck involved in the grievance. Such The principal or other administrator who has authority to make a decision on the grievance must be will make such decision and communicate it in writing to the teacher(s) and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within Superintendent within ten (10) days of the receipt second step meeting, with a summary of the grievance, the immediate supervisor shall inform the employee of reasons for the decision. C. Should 3. Third Step: In the employee event a grievance has not appeal to been satisfactorily resolved at the next step within ten (10second step, the grievant(s) days the grievance shall be considered settled. A. The aggrieved employee maywill file, within ten (10) days of the receipt principal’s written decision or answer at the second step, a copy of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below grievance with the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearingafter such written grievance is filed, the designated supervisor shall inform the employee and/or the aggrieved, representative of the written decision. D. Should aggrieved as desired, the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to principal and the Superintendent of Schools. B. Within fifteen (15) days of or designee, will meet to resolve the hearing before the grievance. The Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step or designee, will file an answer within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.ten

Appears in 2 contracts

Samples: Professional Negotiations Agreement, Professional Negotiations Agreement

Procedures. Since it is important (a) Step One - (Informal): A teacher with a grievance shall generally first discuss his complaint with his principal or immediate superior by: (1). Expressing his or her complaint directly to his or her principal or immediate superior, or (2). Requesting his or her education association representative to express his or her complaint to his or her principal or immediate superior for him or her, or (3). Appearing together with his or her education association representative before his or her principal or immediate superior for the grievances be processed as rapidly as possiblepurpose of expressing said complaint. If the complaint refers to the application or interpretation of personnel policies, rules, regulations; or an administrative decision, the number of days indicated at each level should be considered as maximum and every effort should be made principal or appropriate superior shall give the education association representative an opportunity to expedite state the process. It is hereby understood that time is views of the essence association. Within five days, the principal or appropriate superior shall communicate his or her views to the aggrieved, to his or her representative (if any), and to any participating education association representative. Before resolving the complaint, the principal or the appropriate superior may consult the next higher level of administration for an opinion. If the aggrieved is not satisfied, he or she may then take or request that the complaint be taken to an appropriate higher level or administration or appropriate higher level of his or her education association. At any point in the processing above procedure the aggrieved teacher, the principal or appropriate superior, or the education association representative may request that the complaint under consideration be referred to a fact-finding committee and thus proceed directly to the more formal machinery set forth in Step Two of grievances hereunderthis grievance procedure. A. Any employee may present a grievance (b) Step Two - (Formal): On proper written notice, the Association’s fact-finding committee, hereafter referred to his/her immediate supervisor as the “Grievance Committee”, shall within thirty five (305) days after transmit the occurrence of the alleged grievance. Such grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal complaint to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal Superintendent or his or her designated representative shall then work with the Grievance Committee in a full good faith effort to seek an equitable solution. A written copy of the proceedings of all meetings held concerning a given complaint under this step shall be in writing on furnished to the proper form and shall set forth with specificity aggrieved teacher, to the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal Superintendent or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/his or her representative, if any, shall be given prior notice to each member of the hearing date Grievance Committee, and placeto the president of the Association. The employee shall be relieved of his/her responsibilities, if necessary, without parties involved must resolve any complaint under consideration within ten days after the loss of salary, for Grievance Committee has transmitted the purpose of attending complaint to the hearingSuperintendent. C. (c) Step Three - (Formal): If a solution acceptable to all parties concerned is not reached within ten days after the Grievance Committee has transmitted the complaint to the teacher, the Superintendent or the Grievance Committee may institute binding grievance arbitration by so requesting in writing to the School Board and the elected officers of the Association. Within ten (10) days following after receiving a written request for binding grievance arbitration the hearingSchool Board and the Association’s elected officers shall appoint a mutually acceptable neutral third party, free from influence by the parties involved as an arbitrator. Within ten days after his or her appointment, the designated supervisor arbitrator shall inform examine the employee and/or complaint, consider the representative opinions of all parties concerned, interpret the school policy in question, and submit his or her written recommendation to the school and the elected officers of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance Association for official confirmation. The arbitrator’s recommendation shall be considered settled. A. to be binding on all parties concerned unless the School Board is advised that it’s legal discretion to decide has been violated. The aggrieved employee may, within ten (10) days costs of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance arbitration shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing born equally by the BoardSchool Board and the Association. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

Procedures. Since it (a) A Selection Committee, composed of members chosen according to procedures approved by the appropriate Faculty or Unit and Chaired by the Xxxx/Director (or, in the event of a conflict of interest or extended absence only, a designate, who shall be another member of the Faculty/School) shall evaluate applications for all non- sessional appointments. The Committee will ensure that the search is important conducted in a manner consistent with the grievances letter and spirit of Article 30 of this Collective Agreement. The Committee will make a recommendation to the Xxxx/Director, who may only offer an appointment to an individual so approved. If the Xxxx/Director does not accept the Committee’s recommendation, he or she will provide the Committee with reasons and the process will be processed as rapidly as possible, the number repeated. An offer of days indicated at each level should be considered as maximum and every effort should appointment shall be made by the Xxxx/Director to expedite the process. It is hereby understood that time is recommended candidate, subject to the final approval of the essence President. (b) Each candidate interviewed shall, at the time of the interview, be provided a copy of this Collective Agreement and scheduled times to meet with a member of the BUFA executive, and with Human Resources (to discuss employee benefits). The Xxxx/Director shall provide BUFA a copy of the curriculum vitae of the approved candidate once the contract has been signed. (c) The Xxxx/Director will advise the Department, in writing, when a position is to be filled and shall indicate the type and duration of appointment that the Employer is committed to make. This advice on the type and duration of appointment will take into account the recommendation of the Department. The composition and working procedures of the Selection Committee shall be determined by the Faculty concerned. The Committee shall review all applications and shall recommend to the Xxxx/Director the initial rank and salary of the appointee, basing its recommendation on the qualifications by rank of Article 8 and Appendix F, taking into account the provisions of Articles 7.6 and 20.36. (d) Notice of openings shall be sent to the Union and posted in prominent places throughout the University. Openings for full-time and part-time positions shall be advertised in the processing CAUT Bulletin and University Affairs (paper and/or electronic versions), unless the Department recommends otherwise, and other relevant publications and/or their electronic equivalents as recommended by the Department and approved by the Xxxx. Copies of grievances hereunderthe Advertisements shall also be sent to the Status of Women Review Committee. (e) Appointments of all members shall be made in compliance with the items in Appendix A. Any employee may present a grievance to his/her immediate supervisor within thirty (30) days after the occurrence Copies of the alleged grievance. Such grievance must signed contracts will be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal forwarded to the next step within ten (10) days the grievance shall be considered settledUnion. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Procedures. Since it A. In the event that a grievant believes there is important the grievances be processed as rapidly as possiblea basis for a grievance, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite grievant may first discuss the process. It is hereby understood that time is of the essence in the processing of grievances hereunderalleged grievance with his/her principal or other appropriate supervisor either personally or accompanied by his/her Association representative. A. B. Any employee may present a grievance to his/her immediate supervisor within thirty (30) days after grievance to the occurrence District and have such grievance adjusted without the intervention of the alleged grievanceAssociation, as long as the Association has been given an opportunity to be present at that adjustment and to make its views known, and as long as the adjustment is not inconsistent with the terms of this Agreement. C. If the grievance is not resolved in A or B above, formal grievance procedures may be instituted. STEP 1. Such The grievant may invoke the formal grievance procedure through the Association on the grievance form which will be available from the Association representative in each building. A copy of the grievance form shall be delivered to the principal or appropriate supervisor. If the grievance involves more than one (1) school building, it may be filed with the Superintendent or a representative designated by the Superintendent. A grievance must be in writing and must state specifically that filed within twenty (20) days of the occurrence or knowledge of the event of which he/she complains. STEP 2. If the grievant is not satisfied with the disposition of the grievance, the grievance procedure is being invoked as well as what specifically has been violated. B. shall be transmitted to the Superintendent within five (5) days. Within ten (10) days upon receipt the Superintendent or acting superintendent shall meet with the grievant and his/her Association representative on the grievance and shall indicate his/her disposition of the receipt grievance in writing within five (5) days of such meeting, and shall furnish a copy thereof to the grievant(s) and to the Association. STEP 3. If the grievant is not satisfied with the disposition of the grievancegrievance by the superintendent, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days transmitted to the Chairman of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the SuperintendentSchool Board within five (5) days. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of upon receipt of said appeal the designated supervisor Board shall conduct a hearing. The aggrieved employee meet with the grievant and his/her representativeAssociation representative on the grievance and shall indicate the disposition of the grievance in writing within five (5) days of such meeting, if anyand shall furnish a copy thereof to the grievant(s) and to the Association. STEP 4. If the grievant is not satisfied with the disposition of the grievance by the Board, the grievance, only at the option of the Association, may be submitted before an impartial arbitrator. The Association shall be given prior exercise its rights of arbitration by giving the Superintendent written notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal its intention to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, arbitrate within ten (10) days of receipt of notification of the written disposition of the grievance under Step 2, appeal Board. If the decision parties cannot agree to the Superintendent of Schools. B. Within fifteen arbitrator within five (155) days from the notification date that arbitration will be pursued, the arbitrator shall be selected by the American Arbitration Association in accordance with its rules, which rules shall likewise govern the arbitration proceeding. The parties shall not be permitted to assert in such arbitration proceeding any ground rule or to rely on any evidence not presented at an earlier step. The decision of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance arbitrator shall be considered settledfinal and binding upon both parties. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 2 contracts

Samples: Collective Bargained Agreement, Collective Bargained Agreement

Procedures. Since it is important Step 1. A grievance must be initiated within ten (10) business days of the grievances be processed as rapidly as possible, occurrence of the number of days indicated at each level should be considered as maximum and every effort should cause for complaint. An attempt shall be made to expedite resolve any grievance in an informal verbal discussion between the process. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present a grievance to complainant and his/her immediate supervisor supervisor. Step 2. If the grievance cannot be resolved informally, the aggrieved teacher shall file the grievance in writing within thirty twenty (3020) business days after the occurrence of the alleged cause for complaint. At a mutually agreeable time the aggrieved teacher shall discuss the matter with the principal. If the teacher so desires, he/she may request Association representation. The written grievance should state: 1. The exact nature of the grievance; 2. Such The act or acts complained of and when they occurred; 3. The identity of the employee or employees involved in the grievance; 4. The specific section or provision of this Agreement that the grievant(s) claims to have been violated; and 5. The remedy sought. The principal or other administrator who has authority to make a decision on the grievance must be at this step shall make such decision and communicate it in writing to the teacher, Superintendent and must state specifically that the grievance procedure is being invoked as well as what specifically has been violatedAssociation within five (5) business days. B. Within ten Step 3. In the event a grievance has not been satisfactorily resolved at the second step, the aggrieved teacher shall file within five (105) business days of the receipt principal’s written decision or answer at the second step, a copy of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below with the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the Within five (5) business days after such written grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearingfiled, the designated supervisor shall inform the employee and/or aggrieved, the representative of the written decisionAssociation, the principal and the Superintendent or his designee, shall meet to discuss the grievance. The Superintendent or his designee, shall file an answer within five (5) business days of the third step grievance meeting and communicate it in writing to the teacher, the principal, the Association, and the Board of Education. D. Should Step 4. In the employee event a grievance has not appeal to been satisfactorily resolved at the next step within ten (10) days third step, the grievance aggrieved teacher shall be considered settled. A. The aggrieved employee mayfile, within ten five (105) business days of receipt of notification the written decision or answer at the third step, a copy of the disposition written decision or answer at the third step, a copy of the grievance under Step 2, appeal with the decision to the Superintendent Board of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to Education. At the next step within ten (10) days the scheduled Board meeting, after such written grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Boardis filed, the Board shall inform meet and consider said grievance. The hearing will be conducted by the employee full Step 5. If the grievance is not resolved satisfactorily to the grievant and/or his/her representative Association within five (5) business days after a decision by the Board, there shall be available a fifth step of its binding arbitration. The grievant and/or Association may submit, in writing, a request to enter into such arbitration within twenty (20) business days of the Step 4 decision. The Board's decision grievance shall be finaldeemed withdrawn if the request is not filed within the twenty (20) business days. If a request is filed in a timely manner, the American Arbitration Association will be requested to provide a panel of at least seven (7) arbitrators and the selection process shall be in accordance with the Voluntary Arbitration Rules of the Association. Either party reserves the right to reject the first list of recommended arbitrators from the American Arbitration Association and request a second list. 1. Expenses for the Arbitrator’s services and the expenses which are common to both parties to the arbitration shall be borne equally by the Board and the Association. 2. 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. 3. The Arbitrator, in his opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. His authority shall be strictly limited to deciding only the issue or issues presented to him in writing by the School Board 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. 4. The Arbitrator may be empowered to include in any award such financial reimbursements or other remedies as he judges to be proper within the terms of this contract. 5. If either party requests a transcript of the proceedings, that party shall bear the full costs for that transcript. If both parties order a transcript, the cost of the two (2) transcripts shall be divided equally between the Board and the Association.

Appears in 2 contracts

Samples: Professional Negotiation Contract, Professional Negotiation Contract

Procedures. Since it is important ‌ The party asserting a grievance may attempt to resolve the grievances be processed as rapidly as possible, problem through informal communication with the number of days indicated at each level should be considered as maximum and every effort should be made immediate supervisor. The parties may agree to expedite the process. It is hereby understood that time is bypass any step of the essence in the processing of grievances hereundergrievance procedure. A. Any employee may present a grievance to his/her immediate supervisor within thirty (30) days after Step 1: If the occurrence of the alleged grievance. Such grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievance, informal process with the immediate supervisor shall inform fails to resolve the employee of problem, the decision. C. Should grievant(s) or the employee not appeal Union or both may formally present the grievance in writing to the next step department supervisor who will arrange for a meeting to be held within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the Xxxxxxx of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief 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 considered settledprovided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. A. The aggrieved employee mayStep 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the receipt time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of an adverse decision at Step 1 level, appeal such referral to review the grievance. The Vice President will provide reasonable notice to the proper supervisor immediately below Field Representative and the SuperintendentXxxxxxx of the meeting date and time. The appeal Union shall be have the right to include in writing on its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1grievance. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the A written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representativeanswer, if anyincluding reason(s), shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal provided to the next step grievant(s) with a copy to the Union within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) working days of the hearing before meeting provided for in this paragraph. If the Superintendentgrievance arises from a decision or action at the Vice President’s level, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall may be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under initiated at Step 3, request a hearing by provided it is filed within the Boardtime limit prescribed in Step 1. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. Since it A. Level 1 - The professional staff member is important the encouraged to resolve alleged grievances be processed as rapidly as possiblethrough oral settlement. If, however, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It oral settlement is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present not satisfactory, a grievance to his/her immediate supervisor within thirty (30) days after the occurrence of the alleged grievance. Such grievance must may be filed in writing and must state specifically that on the grievance procedure is being invoked as well as what specifically has been violated. B. Within Grievance Report Form with the building principal within ten (10) school days of the time of its inception. The building principal shall meet with the grievant within five (5) school days after receipt of the grievance form and shall reply to the grievance in writing within three (3) school days of such meeting. B. Level 2 - Within five (5) school days of the receipt of such response a grievant may appeal the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal decision to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the District Superintendent. The appeal shall be in writing on the proper form grievance form. A copy of the appeal shall be given to the principal. The grievant shall supply the original grievance and a copy of the Level I disposition report with the professional staff member’s appeal. The District Superintendent shall meet with the grievant at a mutually agreed time within five (5) school days of the receipt of the grievance form. A disposition report (Level 2) by the Superintendent shall be issued within five (5) school days of the meeting. C. Level 3 - Within five (5) school days of the receipt of the District Superintendent's report a grievant may appeal the grievant’s decision to the Board of Education. The Board of Education shall set forth a date, time and place for a hearing on such appeal to be held within fifteen (15) school days of the receipt of the appeal form. Five (5) school days written notice shall be given to the grievant. The grievant must be present at the hearing. All hearings may be continued from time to time as determined by mutual agreement of the parties concerned. All hearings shall be concluded within a period of sixty (60) school days. At the discretion of the Board the hearing may be held before the Board as a whole or before a committee of the Board. The Board shall render a written decision within fifteen (15) school days of such final hearing. The Board may designate a committee or representative to meet with specificity the grievance asserted and its disposition at Step 1grievant to discuss such a decision. If the grievant has been heard by a representative is to appeal on behalf committee of the Board, and the grievant his/her name is not satisfied with the decision rendered by the Board, the grievant may, within three (3) school days of the receipt of such decision request a review of the decision (but not a further hearing) by the entire Board. This review must take place within twenty (20) school days and the final decision of the Board affirming, reversing, or modifying its prior decision shall be designated given in writing to the written appeal or initial complaintgrievant within that time. B. D. Level 4 - Within ten (10) school days after the conclusion of receipt Level 3, the Association may, after notice to the Board in writing, refer the grievance to binding arbitration as provided in Section 903 of said appeal the designated supervisor Public Employee Relations Act, Act 195, and the procedures set forth in Act 195 or in the regulations of the Pennsylvania Labor Relations Board shall conduct a hearingthereafter control. Both parties will request that the decision of the arbitrator be in writing and set forth the arbitrator’s findings of fact, reasoning and conclusions on the issues submitted. The aggrieved employee and his/her representative, if any, decision of the arbitrator shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before binding upon the Board, the Board NHSEA and the grievant. Each case shall inform be considered on its merits and the employee and/or his/her representative of its decision. The Board's collective bargaining agreement shall constitute the basis on which the decision shall be finalrendered. The arbitrator shall be without jurisdiction to render an award contrary to law or to add to, modify, vary, change or remove any term of this Agreement.

Appears in 2 contracts

Samples: Professional Staff Contract, Professional Staff Contract

Procedures. Since it is important the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should A. First Step An attempt will be made to expedite resolve any grievance in informal, verbal discussion between the process. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present a grievance to grievant and his/her immediate supervisor superior. The grievant may bypass this first step if he/she chooses. B. Second Step If the grievance cannot be resolved informally, the grievant will file the grievance in writing and within thirty ten (3010) days after receipt of the written grievance, the principal will meet with the grievant to discuss the matter. The written grievance will state the nature of the grievance, will note the clause or clauses of the Agreement allegedly violated, and will state the remedy requested. The filing of the grievance at the second step must be within twenty (20) days from the date of the occurrence of the alleged event giving rise to the grievance. Such The principal or other administrator who has authority to make a decision about the grievance must be will make such decision and communicate it in writing to the grievant and must state specifically that the Superintendent within ten (10) days. The grievant, upon request to the Association, may have a local Association building representative present. C. Third Step In the event a grievance has not been satisfactorily resolved at the Second Step, the grievant will file, within ten (10) school days of the principal's written decision or answer at the Second Step, a copy of the grievance procedure is being invoked as well as what specifically has been violated. B. with the Superintendent. The grievant will send a copy of such grievance to the Association President. Within ten (10) days after such written grievance is filed, the grievant, a representative of the receipt of grievant (should a representative be requested by the grievant), the principal, and the Superintendent (or designee), will meet to resolve the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten . The Superintendent (10or designee) days the grievance shall be considered settled. A. The aggrieved employee may, will file an answer within ten (10) days of the receipt of an adverse decision third step grievance meeting and communicate it in writing to the grievant, the principal, and the Association President. D. Fourth Step If the Association is not satisfied with the Superintendent’s answer at Step 1 levelThree, appeal to or if the proper supervisor immediately below time limits expire without the issuance of the Superintendent. The appeal shall be in writing on ’s written reply, then the proper form and shall set forth with specificity Association may submit the grievance asserted to final and its disposition at Step 1binding arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association (AAA), which will act as the administrator of the proceedings. If a representative demand for arbitration is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten not filed within thirty (1030) days of receipt the date of said appeal the designated supervisor shall conduct a hearingSuperintendent’s answer at Step Three, then the grievance will be deemed withdrawn. 1. The aggrieved employee arbitrator, in his opinion, will not amend, modify, nullify, ignore, or add to the provision of the Agreement. His/Her authority will be strictly limited to deciding only the issue or issues presented to him/her in writing by the School Board and the Association, and his/her representative, if any, shall decision must be given prior notice of the hearing date and place. The employee shall be relieved of based solely upon his/her responsibilities, if necessary, without interpretation of the loss meaning or application of salary, for the purpose express relevant language of attending the hearingAgreement. C. Within ten (10) days following 2. Each party will bear the hearingfull costs for its representation in the arbitration. The cost of the arbitrator and the AAA will be divided equally between the Board and the Association. 3. If either party requests a transcript of the proceedings, that party will bear the full costs of that transcript. If both parties order a transcript, the designated supervisor shall inform the employee and/or the representative cost of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall two transcripts will be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, divided equally between the Board shall inform and the employee and/or his/her representative of its decision. The Board's decision shall be finalAssociation.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. Since it is important The Xxxxxx Education Association designates the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present a grievance to association President or his/her immediate supervisor within thirty (30) days after designee as the occurrence local agent responsible for processing grievances through Level Three. 1. LEVEL ONE – A member – group of members, or the alleged grievance. Such grievance must be in writing and must state specifically Association believing that the grievance procedure is being invoked as well as what specifically there has been violated. B. Within ten (10) days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee maya violation shall, within ten (10) school days of its alleged occurrence, orally discuss the receipt grievances with the building Principal and the representative of the Association in an adverse decision at Step 1 levelattempt to resolve the matter. If no resolution is obtained within five (5) school days following the discussion, appeal the grievant shall express the grievance in writing and process in accordance with Level Two. 2. LEVEL TWO - If the meeting is with the school principal and the parties cannot agree, the grievance shall promptly be transmitted to the proper supervisor immediately below Superintendent who shall have five (5) school days thereafter to approve or disapprove the grievance. If the grievance is transmitted directly to the Superintendent. The appeal , he/she shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within have ten (10) school days of from receipt of said appeal the designated supervisor shall conduct to approve or disapprove it. An Association, or a hearing. The aggrieved employee and his/her representative, if any, shall group grievance may be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal submitted directly to the next step within ten (10) days Superintendent. If the grievance shall be considered settled. A. The aggrieved employee maydenied by the Superintendent, within ten (10) days of receipt of notification either upon review of the disposition action of the grievance under Step 2, appeal school principal or in the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendentfirst instance, the Superintendent shall inform answer the employee and/or grievance in writing and the representative grievance with the answer shall be transmitted to the Association. 3. LEVEL THREE - If the decision of the decisionSuperintendent is not satisfactory to the Association, the grievance may be submitted within twenty (20) school days to arbitration before an impartial arbitrator selected by the parties. C. Should a. The arbitrator shall be selected by the employee American Arbitration Association in accord with its rules which shall likewise govern the Arbitration hearing. The Board and Association shall not appeal be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the Board and to the Association. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction where such award does not conflict with or deny the powers and duties of the Board granted by Legislative Act. b. If any ancillary staff member for whom a grievance is sustained shall be found to have been improperly reprimanded or improperly deprived of a position, or unjustly discharged, the arbitrator will have authority to reinstate the ancillary staff member, with full reimbursement for all compensation lost. The costs of any arbitration under this article shall be shared equally by the Board and the Association. c. It is expressly understood that the grievance procedure shall not apply to those matters from which statute authorizes specific remedy, such as the Tenure Teacher Act. d. It is understood that the time limits are maximum and can be extended with the written mutual consent of both parties. Both parties should be encouraged to process a grievance as rapidly as possible and within the limits and procedure as set forth herein. If the administration at any step fails to respond in a timely manner, the grievance will be considered denied and may be moved to the next step within ten (10) days level. Failure of the grievant to meet any time limits will result in the grievance shall be being considered settledas withdrawn. A. The aggrieved employee maye. In the event a grievance is filed after May 1st of any year and strict adherence to the time limits may result in hardship of any party, within ten (10) days of the receipt of notification of the disposition of Superintendent shall use his/her best efforts to process such grievance under Step 3, request a hearing by prior to the Board. B. Within ten (10) days end of the hearing before school term or as soon thereafter as possible. If the Boardgrievance is processed to arbitration, the Board shall inform parties may submit the employee and/or his/her representative grievance to expedited arbitration under the rules of its decision. The Board's decision shall be finalthe American Arbitration Association.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Procedures. Since it is important the grievances Grievances shall be processed as rapidly as possible, the . The number of days indicated at stated in each level should step shall be considered maximum. All time limits shall consist of employee workdays. A grievance shall be handled as maximum and every effort should follows: Step 1 An attempt shall be made to expedite resolve any grievance by informal discussion between the processgrievant involved and his building principal. It is hereby understood that Such discussion shall be held at a time is of agreeable to the essence in grievant and the processing of grievances hereunderprincipal. A. Any employee Step 2 If the grievance cannot be solved with Step 1 the grievant may present file a grievance to his/her immediate supervisor within thirty (30) days after in writing with the occurrence of the alleged grievancebuilding principal. Such grievance must shall be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step filed within ten (10) days after the date of occurrence of the fact(s) upon which the grievance shall be considered settled. A. The aggrieved employee mayis based, or within ten (10) days of knowledge of the receipt occurrence of an adverse the fact(s) upon which the grievance is based. The written grievance shall state the nature of the grievance, the provision(s) of the agreement the employer has allegedly violated, and the relief sought. Within five (5) days after such written grievance is filed, the aggrieved and the principal or their administrators who have the authority to make a decision at Step 1 levelon the grievance shall meet to resolve the grievance. Within five (5) days after such a meeting, appeal the grievant shall receive a written answer to the proper supervisor immediately below grievance which shall explain the Superintendentreason for the decision on the grievance. The In the event the grievance has not been satisfactorily resolved in Step 2 or if the Step 2 time limits expire without the issuance of a reply, the aggrieved may file a written appeal of such grievance with the superintendent of the district by giving written notice of such appeal within five (5) days of Step 2 answer or expiration of the time limit for the Step 2 answer. A copy of such appeal shall also be in writing on filed with the proper form and shall set forth with specificity administrator who prepared the grievance asserted and its disposition at Step 12 answer. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said after such appeal is filed, the designated supervisor shall conduct a hearing. The aggrieved employee and an Association representative, and the superintendent or his/her representativedesignee shall meet to resolve the grievance. Within five (5) days after such meeting, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of superintendent or his/her responsibilities, if necessary, without designee shall give the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the aggrieved written decision. D. Should the employee not appeal answer to the next step within ten (10) days the grievance shall be considered settledgrievance. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. Since it is important the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should 1. First Step: An attempt will be made to expedite resolve any grievance in informal, verbal discussion between complainant, accompanied by an Association representative if requested by the processcomplainant, and their immediate superior. It is hereby understood that time is The Association will be informed by the administration of the essence in the processing of grievances hereunderoutcome achieved at this step. A. Any employee may present a 2. Second Step: If any grievance to his/her immediate supervisor within thirty cannot be resolved informally, grievant(s) will file the grievance in writing with the principal. Within ten (3010) days after such written grievance is filed, the aggrieved, representative of the aggrieved as desired, and the principal will meet to resolve the grievance. The written grievance must state the nature of the grievance, note the specific clause or clauses of the Agreement allegedly violated, and state the remedy requested. Any grievance filed by the Association or a group of teachers must specifically state by name each teacher included within the grievance, the nature of the grievance, and the remedy sought for each such teacher at the Step 2 meeting. The filing of the grievance at the second step must be within twenty-five (25) days from the date of the occurrence of the alleged event giving rise to the grievance, except for grievances pertaining to payroll which must be filed within thirty-five (35) days of the receipt of the initial paycheck involved in the grievance. Such The principal or other administrator who has authority to make a decision on the grievance must be will make such decision and communicate it in writing to the teacher(s) and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within Superintendent within ten (10) days of the receipt second step meeting, with a summary of the grievance, the immediate supervisor shall inform the employee of reasons for the decision. C. Should 3. Third Step: In the employee event a grievance has not appeal to been satisfactorily resolved at the next step within ten (10second step, the grievant(s) days the grievance shall be considered settled. A. The aggrieved employee maywill file, within ten (10) days of the receipt principal’s written decision or answer at the second step, a copy of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below grievance with the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearingafter such written grievance is filed, the designated supervisor shall inform the employee and/or the aggrieved, representative of the written decision. D. Should aggrieved as desired, the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to principal and the Superintendent of Schools. B. Within fifteen (15) days of or designee, will meet to resolve the hearing before the grievance. The Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step or designee, will file an answer within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.ten

Appears in 1 contract

Samples: Professional Services

Procedures. Since it is important the grievances a. Grievance proceedings shall be processed as rapidly as possible, the kept informal and confidential at all levels of this procedure. Breach of confidentiality may result in disciplinary action. b. The number of days indicated at each level should of this procedure shall be considered as maximum a maximum, and every effort should shall be made to expedite the process. It is hereby understood that . c. If the College fails to comply with the time is limit requirements as set forth under any of the essence in procedure levels, the processing grievance shall be considered automatically appealed to the next level of grievances hereunderthe procedure. A. Any employee may present a grievance d. If the grievant fails to his/her immediate supervisor within thirty (30) days after comply with the occurrence grievant’s time limit requirements as set forth under any of the alleged grievance. Such procedure levels, the grievance must shall be considered null and void. e. The time limits set forth herein may be extended provided the extension has been mutually agreed upon in writing and must state specifically that by the parties. f. A grievance shall not be considered unless the grievant files the grievance procedure is being invoked as well as what specifically has been violated. B. Within no later than ten (10) days after the grievant knew or reasonably should have known of the receipt of action that precipitated the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal g. No reprisal or retaliation by any party to the next step within ten (10) days the grievance shall be considered settledtaken against any party as a result of participation in the proceeding of a grievance. A. The aggrieved employee mayh. A grievant and the party charged may be accompanied and represented at any hearing or meeting conducted under this procedure. i. A faculty member, within ten (10) days acting individually, may present a grievance without the intervention of the receipt Federation provided the grievance has been processed in accordance with this procedure. At any hearing of an adverse decision at Step 1 levela grievance brought individually by a faculty member, appeal the Federation as a party to this Agreement, will be afforded the proper supervisor immediately below the Superintendentopportunity to be present and present its views. The appeal Any adjustment made shall be in writing on consistent with the proper form and shall set forth with specificity provisions of this Agreement. j. If a grievance affects a group of two or more faculty members of the bargaining unit or involves a decision or action by the College that has a system-wide impact, the Federation may submit the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in affected faculty members at Level Two of this procedure. The parties may submit this grievance at Level One if all of the written appeal or initial complaintmembers of the bargaining unit affected by the grievance have the same supervisor. B. Within ten (10) days of receipt of said appeal k. The parties shall cooperate in any investigation that may be necessary in order to expedite the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearingprocess. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal l. All documents related to the next step within ten (10) days the a grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days maintained in a separate grievance file and shall not be kept in the personnel file of receipt of notification of the disposition any of the grievance under Step 2, appeal the decision to the Superintendent of Schoolsparticipants. B. Within fifteen (15) days m. All grievances and grievance responses shall be filed and processed on grievance forms mutually agreed upon by the parties and contained in an Appendix of this Agreement. n. Unless otherwise agreed to by the parties, the processing of grievances shall be conducted during non-instruction time. o. All decisions shall be submitted in writing at each step of the hearing before grievance procedure and the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be finalsubmitted to both the grievant and the Federation.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it is important An employee and his supervisor shall be encouraged to meet and resolve any complaint prior to the grievances employee filing a grievance. The employee may be assisted by a Representative should he so request. An employee or the Union who wishes to present a grievance at any prescribed level of the grievance procedure shall transmit this grievance in writing to the Employer who shall forthwith: forward the grievance to the representative of the Employer authorized to deal with at the appropriate level; and provide the employee and the Union with a receipt stating the date on which the grievance was received by the Employer. Except as otherwise provided in this Agreement, a grievance shall be processed as rapidly as possible, by recourse to the number of days indicated following steps: First Level (Mine Manager) Final Level (senior management) The Employer shall designate its representative at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is of the essence grievance procedure and shall inform all employees of the person so designated. The Union shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure. No proceedings under this Article are invalid by reason of any defect of form or any technical irregularity. An employee may, by written notice to the Employer, withdraw grievance provided that, where the grievance is one arising out of the application or interpretation of this Agreement, or where the is being represented by the Union, withdrawal has the written endorsement of the Union. A grievance may be presented at the First Level of the grievance procedure in the processing manner prescribed in Article within twenty-one (21) calendar days after the date on which the first becomes aware of grievances hereunder. A. Any employee may the action or circumstances giving rise to the grievance. Failure to present a grievance within the time limits due to his/her immediate supervisor Employer restrictions, communication breakdown, weather and other factors beyond the control of the shall not invalidate the grievance. The Employer shall reply in writing to a grievance within fourteen (14) calendar days at the First Level and within thirty (30) calendar days at the Final Level. An employee or the Union may present a grievance at each succeeding level of the grievance procedure beyond the Level where the decision or settlement is not satisfactory to the within fourteen (14) calendar days after that decision or settlement has been conveyed in writing to the (and the Union as the case may be) by the Employer; or where the Employer has not conveyed a decision to the (and/or the Union as the case may be) within the time prescribed in Article within fourteen (14) calendar days after the occurrence of day the alleged grievancereply was due. Such grievance must The time limits stipulated in this procedure may be in writing extended by mutual agreement between the Employer and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievanceemployee, and where appropriate, the immediate supervisor shall inform the employee of the decisionUnion. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 1 contract

Samples: Collective Agreement

Procedures. Since it is important (a) Step One. The written grievance shall be filed using Appendix C of this Agreement. All grievances shall be filed with the grievances be processed as rapidly as possible, the number Department of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present a grievance to his/her immediate supervisor within thirty (30) days after the occurrence of the alleged grievance. Such grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step Human Resources within ten (10) days following the grievance act or omission giving rise to the grievance, or the date on which the grievant knew or reasonably should have known of such act or omission if that date is later. The designated Step One Representative shall be considered settled. A. the Chief of Police or designee. The aggrieved employee mayChief of Police or designee shall arrange an informal meeting, to be held within ten (10) days of the receipt filing date, for the purpose of an adverse decision at resolving the grievance. In advance of the Step 1 levelOne meeting, appeal the grievant shall have the right, upon request, to a copy of identifiable documents relevant to the proper supervisor immediately below the Superintendentgrievance. The appeal Chief of Police or designee shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within have ten (10) days from the informal meeting to resolve the dispute to the satisfaction of receipt of said appeal the designated supervisor shall conduct a hearingboth parties. The aggrieved employee and his/her representative, if any, Chief of Police or designee shall be given prior notice of notify the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative grievant in writing of the decision. C. Should the employee not appeal to the next step within ten (10b) days Step Two. If the grievance shall is not satisfactorily resolved at the Step One decision, the grievant may request in writing that the grievance proceed to Step Two. This request must be considered settled. A. The aggrieved employee may, made within ten (10) days of the receipt of notification date of the disposition Step One decision. The Step Two Representative shall be the Senior Vice President for Financial Affairs, the Associate Xxxxxxx for Academic Personnel, or designee with equivalent authority. The Step Two Representative shall schedule a conference, to be held within ten (10) days with the grievant and any other persons believed to be necessary to the equitable settlement of his/her grievance under the grievance. The Step 3, request a hearing by Two Representative will endeavor to settle the Board. B. Within dispute and will notify the grievant of the Step Two decision in writing within ten (10) days of the conference. All grievances for suspensions and terminations shall be filed at Step Two and shall follow the Step Two procedure as described above however, all grievances shall be filed with the Department of Human Resources within ten (10) days following the act or omission giving rise to the grievance, or the date on which the grievant knew or reasonably should have known of such act or omission if that date is later. The Step Two Representative will notify the grievant of the Step Two decision in writing within ten (10) days of the conference. (c) Step Three – Arbitration. 1. If the grievance is not resolved at Step two, the PBA Staff Representative may appeal the Step Two decision to Arbitration on a Notice of Arbitration form as set forth in Appendix E, within ten (10) days after receipt of the decision at Step Two. If the PBA did not represent the grievant at Step One, the grievant May appeal the grievance to Arbitration. 2. The University and the PBA may, by written agreement, submit related grievances for hearing before the Board, the Board shall inform the employee and/or his/her representative of its decisionsame arbitrator. 3. The Board's decision parties agree to utilize the Federal Mediation and Conciliation Service (FMCS) as arbitrators. FMCS will provide a list of seven (7) arbitrators for each grievance from which the parties will mutually select one (1). If mutual agreement is not reached the parties shall alternately strike from the list until one remains. The party to strike first shall be finaldetermined by the flip of a coin.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it is important the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present a grievance to his/her immediate supervisor within thirty (30) days after the occurrence of the alleged grievance. Such grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) working days of the receipt date of the grievance or the date in which the grievant should reasonably have known of its occurrence, an employee with a potential grievance must orally present and discuss his complaint with his immediate Supervisor on an informal basis prior to filing a formal written Step 1 grievance, and a Union Xxxxxxx may be present at such discussions. Step I: A grievance must be filed initially within fifteen (15) working days from the date on which the act which is the subject of the grievance occurred, or fifteen (15) working days from the date on which the grievant should reasonably have known of its occurrence. The grievant shall prepare his grievance in writing on forms approved by each party and submit same to the Supervisor who shall schedule, hear and determine the grievance within fifteen (15) working days after receiving it. Such grievance shall include the date of the alleged grievable occurrence, nature of the grievance, pertinent contractual articles allegedly violated and the immediate supervisor shall inform the employee remedy sought. The decision of the decision. C. Should Supervisor shall be made in writing and in triplicate, and copies thereof, together with copies of the employee not appeal to grievance, shall be served upon the next step grievant, the Union representative, and the Sewerage Authority Board within said fifteen (15) working day period. Step II: Upon receipt of an adverse determination by the Supervisor, the grievant or Union representative shall have a period of ten (10) working days to appeal such determination to the Sewerage Authority Board or designee, who shall schedule, hear and determine the grievance within twenty (20) working days after receiving it. The Sewerage Authority or designee shall be considered settled. A. The aggrieved employee mayissue a decision in writing in triplicate and copies thereof, within ten (10) days together with copies of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form grievance and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if anyprevious decision, shall be given prior notice of served upon the hearing date grievant and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearingUnion representative within said twenty (20) working day period. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it A. Step 1 1. An employee having a grievance shall file the applicable grievance form (Appendix C) at Human Resources within thirty (30) days following the occurrence of the event giving rise to the grievance. The grievance shall set forth the complete facts on which the grievance is important the grievances be processed as rapidly as possiblebased, the number specific provision(s) of the Agreement allegedly violated, and the relief requested. The Chief of Police or designee shall schedule a Step 1 meeting between the grievant, the grievant's designated represent active, grievant's supervisor, or other appropriate individuals. The grievant shall have the right to present any evidence in support of the grievance at this meeting. If the meeting does not result in resolution of the grievance, the Chief of Police or designee will proceed with processing the grievance and issuing a written decision, stating the reasons therefore, to grievant or xxxxxxxx's designated representative within thirty (30) days indicated at each level should be considered as maximum and every effort should following the conclusion of the meeting, unless an extension has been granted. If an extension was granted, the decision shall be made to expedite by the processagreed upon date. It is hereby understood that time is A copy of the essence decision shall be sent to the grievant and to the PBA if grievant elected not to be represented by the PBA. The decision shall be transmitted by personal delivery with written documentation of receipt; by certified mail, return receipt requested; or via email to a xxx.xxx email address. 2. Where practicable, the University shall make available to the grievant or grievant's designated representative, documentation referenced in the processing 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 grievances hereunderthese documents. In advance of the Step 1 meeting, the grievant shall have the right, upon written request, to a copy of documents identified as relevant to the grievance. A. Any employee 3. In the absence of an agreement to extend the period for issuing the Step 1 decision, the grievant may present proceed to Step 2 if the grievant or grievant's designated representative has not received the written decision by the end of the thirtieth (30th) day following the conclusion of the Step 1 meeting. B. Step 2 ‐ Management Representative 1. If the grievance is not satisfactorily resolved at Step 1, the grievant may file a written request for review (using Appendix D form) with the Step 2 Management Representative within thirty (30) days following receipt of the Step 1 decision by grievant or xxxxxxxx's designated representative. When the grievance is eligible for initiation at Step 2, the grievance form must contain the same information as a grievance filed at Step 1 above. The Step 2 Management Representative may have a meeting with the employee and/or the designated representative to his/her immediate supervisor discuss the grievance. 2. The Step 2 Management Representative shall issue a written decision to the grievant or xxxxxxxx's designated representative, stating the reasons therefore, within thirty (30) days following the conclusion of the meeting. The decision shall be transmitted by personal delivery with written documentation of receipt; by certified mail, return receipt requested; or via email to a xxx.xxx email address. C. Step 3 ‐ Arbitration. 1. If the grievance is not resolved at Step 2, the grievant or grievant's designated representative may appeal the Step 2 decision to Arbitration on a Notice of Arbitration form as set forth in Appendix E; this appeal shall be filed within thirty (30) days after the occurrence of the alleged grievance. Such grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, 2. A grievant may appeal a grievance to Arbitration whether or not he/she was represented by the proper supervisor immediately below the SuperintendentPBA at an earlier step. 2. The appeal University and the PBA may, by written agreement, submit related grievances for hearing before the same arbitrator. 3. The arbitrator shall be in writing on one person from a panel of seven (7) permanent arbitrators, mutually selected by the proper form University and shall set forth with specificity the grievance asserted and its disposition at Step 1PBA to serve for any case or cases submitted. If a representative agreement is to appeal not reached on behalf one or more of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten seven (107) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten arbitrators within sixty (1060) days following the hearingsigning or effective date of this Agreement, whichever is later, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee parties may, within ten (10) days by mutual agreement, request the Federal Mediation and Conciliation Service, American Arbitration Association, or the Florida Public Employee Relations Commission to provide a list of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days arbitrators. The University and the PBA shall select the arbitrator(s) by alternately striking from the list until the required number of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal names remain. The party to the next step within ten (10) days the grievance strike first shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing determined by the Boardflip of a coin. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it is important (A) The filing or pendency of any grievance under the grievances be processed as rapidly as possibleprovisions of this Article shall in no way operate to impede, delay or interfere with the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is right of the essence City to take the action complained of, subject, however to the final disposition of the grievance. (B) A grievance may be withdrawn by the grievant at any time at any step of this procedure, provided however, that the same grievance may not be filed a second time by the same party after the grievance has been withdrawn. (C) Grievances shall be presented and adjusted in the processing of grievances hereunderfollowing manner. A. Any (1) Step 1 (a) An employee may present and/or the Association having a grievance to his/her immediate supervisor may, within thirty ten (3010) calendar days after of the occurrence of the alleged event(s) which gave rise to the grievance, submit it to the Human Resources Department. Such In filing a grievance must at Step 1, the employee shall submit to the Human Resources Director or designee a grievance form (Appendix A) to be supplied by the City, setting forth specifically the complete facts and issues on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. If the grievance is not received within the stated time limits, the grievance shall be considered conclusively abandoned. (b) Employee’s immediate supervisor or designee shall have a meeting within ten (10) calendar days of receiving the grievance to discuss the grievance and shall communicate a decision in writing to the employee and must state specifically that to the Association Representative, if any, within ten (10) days following the date of the meeting (2) Step 2 (a) If the grievance procedure is being invoked as well as what specifically has been violatednot resolved at Step 1, the employee may appeal the grievance in writing to the Human Resources Director or designee within ten (10) days after receipt of the decision at Step 1. B. Within (b) The Department Head or designee shall have a meeting within ten (10) days of receiving the receipt of grievance with the employee and/or Association Representative to discuss the grievance, the immediate supervisor . The Department Head or designee shall inform the employee of the decision. C. Should the employee not appeal communicate a decision in writing to the next step within ten (10) days employee, and to the grievance shall be considered settled. A. The aggrieved employee may, Association Representative within ten (10) days of the receipt of an adverse decision meeting. (a) If the grievance is not resolved at Step 1 level2, the employee may appeal the grievance in writing to the proper supervisor immediately below City Manager via the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step Human Resources Director within ten (10) days after receipt of the grievance shall be considered settleddecision at Step 2. A. (b) The aggrieved employee may, City Manager or designee shall have a meeting within ten (10) days of receipt of notification of the disposition of receiving the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform with the employee and/or Association Representative to discuss the representative of the decision. C. Should the employee not appeal grievance. The City Manager or designee shall communicate a decision in writing to the next step within ten (10) days employee, and to the grievance shall be considered settled. A. The aggrieved employee may, Association Representative within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Boardmeeting. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since A. Step One (Informal): The parties acknowledge that it is important most desirable for an administrator and the grievances be processed as rapidly as possibleBoard to resolve problems through free and informal communication. When requested by either party, the number of days indicated at each level should be considered as maximum and every effort should be made Association may intervene to expedite the processassist in this resolution. It is hereby understood that time is the responsibility of the essence in grievant to schedule a Step One meeting with the processing of grievances hereunder. A. Any employee may present a grievance to superintendent or his/her immediate supervisor designated representative, and it is the superintendent’s or his/her designated representative’s responsibility to hold such a meeting within thirty (30) days after the occurrence of the alleged grievance. Such grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee workday period referenced herein. If such a meeting is not appeal to the next step held within ten (10) days workdays of the alleged violation of this Agreement, a written grievance may not be submitted pursuant to Step Two and the involved grievance shall be considered settled. A. deemed abandoned. However, should such Step One meeting fail to satisfy the Board and the administrator, then a grievance may be processed as follows: Step Two. The aggrieved employee may, administrator may reduce the grievance to writing on a grievance form provided by the Board and present the grievance to the Superintendent for a written answer. The written grievance shall be filed within ten (10) days workdays of the receipt of an adverse decision at Step 1 levelalleged violation. It shall name the employee(s) involved, appeal shall state the facts giving rise to the proper supervisor immediately below grievance, 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. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant , or his/her name designated representative, and the administrator and Association. The Superintendent or his/her designated representative, shall be designated give the employee an answer in the written appeal or initial complaint. B. Within writing no later than ten (10) days workdays after the grievance hearing referenced above. B. All claims for back wages shall be limited to the amount of receipt of said appeal wages that the designated supervisor shall conduct a hearing. The aggrieved employee and would otherwise have earned at his/her representativeregular rate, if any, 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 unless such case has been designated as a representative case by mutual written agreement by the parties. C. Any grievance occurring during the period between the termination date of this Agreement and the effective date of a new Agreement shall not be given processed. Any grievance which arose prior notice to the effective date of the hearing date Agreement shall not be processed. D. Any agreement reached between the Board and place. 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 shall be relieved for any alleged breach of this Agreement or any alleged violation of his/her responsibilitiesrights hereunder will be pursuant to the Grievance Procedure, provided that if necessaryan employee elects to pursue any legal or statutory remedy, without such election will bar any further or subsequent proceedings for relief under the loss provisions of salary, for the purpose of attending the hearingthis Article. C. Within ten (10) days following F. If the hearinggrievance is not resolved at Step Two of the Grievance Procedure, and if it involves an alleged violation of a specific Article and Section of the Agreement, the designated supervisor shall inform Association may, at its option, submit the employee and/or grievance to arbitration by written notice delivered to the representative Superintendent within fifteen (15) workdays of receipt of the Superintendent’s answer in Step Two. The written decisionnotice 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. D. Should X. Following receipt of the employee notice to arbitrate, the Association and the Board will attempt to mutually agree to an Arbitrator. If an Arbitrator is not appeal mutually agreed to the next step within ten (10) days workdays following receipt of the written notice, the Association, within the next five (5) workdays only, may apply for arbitration in writing to the American Arbitration Association under its rule. H. The jurisdiction of the arbitrator shall be limited to the determination of grievances which involve an alleged violation of a specific Article and Section of this Agreement. If either party shall claim before the arbitrator that a particular grievance fails to meet the tests of arbitrability, the arbitrator shall proceed to decide such issues before proceeding to hear the case upon the merits. If the grievance concerns matters not subject to arbitration, the arbitrator shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of return the grievance under Step 2and all documents relating thereto, appeal the decision to the Superintendent parties without decision. In the event either party disputes the arbitrability of Schools. B. Within fifteen (15) days a grievance in a court of the hearing before the Superintendentlaw, the Superintendent arbitrator shall inform have no jurisdiction to act until the employee and/or the representative matter is determined by a court of the decisioncompetent jurisdiction from whose decision no appeal is taken. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it is important An attempt must be made to resolve any potential grievance in informal discussion between the grievances employee and his/her building principal or supervising administrator. If, however, the informal process fails to satisfy the employee, a formal grievance may be processed as rapidly as possiblefollows: 1. Provided the employee, their immediate supervisor, and SEIU agree, and the number of days indicated at each level should be considered as maximum and every effort should be made to expedite contract provision grieved is not within the process. It is hereby understood that time is purview of the essence in supervisor, Step 1, Step 2 and/or Step 3 of the processing of grievances hereundergrievance procedure may be bypassed and the grievance brought directly to the next step. A. Any 2. Step 1 The aggrieved employee may present a grievance to his/her immediate supervisor must file in writing with the principal or supervising administrator within thirty (30) 15 days after from the date of the occurrence of the alleged event givi8ng rise to the grievance or within 10 days of the last informal discussion provided that the first informal discussion occurred within 15 days from the date of occurrence of the event giving rise to the grievance, whichever is later, In the event the grievance is the result of events occurring on multiple days the last day on which and event occurs will be the starting point for the fifteen (15) days. The written notification must include items designed by section 2 Content of a Grievance. The member shall notify an SEIU representative of the claim and the representative shall participate in all further discussions outlined in this article. 3. Step 2 Within fifteen (15) days of receipt of the grievance, the principal or supervising administrator shall submit a written response to the grievant with a copy to the Superintendent and the SEIU Xxxxxxx. Should the principal, supervising administrator, or grievant feel further conversations are needed before the written response, such conversations must occur within five (5) days of receipt of the grievance and written response must follow within the fifteen (15) day time limit for submitting the response. 4. Step 3 If the member or SEIU is not satisfied with the disposition of the grievance or if no disposition has been made within fifteen (15) days, the grievance shall be transmitted to the Superintendent and/or designee. Such grievance must transmittance shall be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within within ten (10) days of the receipt of the written response from the principal or supervising administrator or the end of the fifteen (15) day timeline indicated in Step 2. The grievant shall meet with the Superintendent and/or designee to discuss the grievance, accompanied by an SEIU representative. The Superintendent and/or designee may request the immediate supervisor Principals and other affected persons to attend. The Superintendent and/or designee shall inform the employee make a written disposition of the decision. C. Should the employee not appeal to the next step grievance within ten (10) days of such meeting. 5. Step 4 If not satisfied with the disposition of the grievance at Step 3, the Association may submit the grievance to the Board of Education, such to be filed no later than five (5) days following the written decision of the Superintendent and/or designee. The appeal may be in writing or by way of an oral hearing, as SEIU may request, and if the latter, shall be considered settled. A. The aggrieved employee may, closed unless otherwise mutually agreed and shall be before the full Board of a committee thereof as the Board shall designate. Any such hearing shall be scheduled within ten (10) days of the receipt date of an adverse decision filing of the grievance at Step 1 level, appeal 4. The Board shall communicate its decision in writing to the proper supervisor immediately below aggrieved member and the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten SEIU Xxxxxxx within five (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (105) days following the hearing, . Those persons who have the designated supervisor shall inform right to participate in the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before meeting at the Superintendent, ’s level shall have the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal right to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, appear at the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be finalhearing, and legal counsel may also appear.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it is important Any administrator shall have the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made right to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present a grievance to his/her grievance through the steps described in the following paragraphs with assured freedom from restraint, interference, coercion, discrimination or reprisal and shall be entitled to appear at the appeal level. 1. Any administrator who has a grievance shall first orally advise his or her immediate supervisor of its existence within thirty twenty (3020) calendar days after its occurrence. The supervisor shall meet with the occurrence administrator within fourteen (14) calendar days in an attempt to resolve the grievance at this level. Within fourteen (14) calendar days after discussion, the supervisor shall orally make known his or her decision to the administrator. 2. If the grievance is not resolved to the satisfaction of the alleged grievanceadministrator at the level of Step 1, the administrator may appeal, within seven (7) calendar days, to the Superintendent of Schools in a written statement setting forth specific details and specific grounds on which the grievance is based and attaching all pertinent documents. Such The Superintendent shall confer with the parties concerned together or separately within seven (7) calendar days. The Superintendent shall render a decision within fourteen (14) calendar days of such occurrence. A written statement of the decision and the supporting reasons shall be sent to the aggrieved and the supervisor. 3. If the grievance must is not resolved at Step 2 to the satisfaction of the administrator, said administrator may request a review by the Board of Education. This request shall be made in writing through the Superintendent of Schools, who shall attach all related documents and must state specifically that forward the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal request to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the SuperintendentBoard. The appeal Board shall be review the case, shall hold a hearing with the administrator, if requested by the administrator, and shall render a decision in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten within twenty-one (1021) calendar days of receipt of said appeal the designated supervisor shall conduct grievance by the Board at a hearingregular or special meeting. The aggrieved employee and his/her representative, if any, Copies of the decision of the Board shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal sent to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision and to the Superintendent of Schools. B. Within fifteen (15) days 4. A grievance which remains unresolved to the satisfaction of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, Association after the Board shall inform the employee and/or his/her representative of has rendered its decision. The Board's decision shall may be final.submitted to arbitration within ten

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it is important the The importance of having grievances be processed as rapidly quickly as possible, possible suggests that the number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process. It is hereby understood that The time is of the essence in the processing of grievances hereunder. A. Any employee may present a limits may, however, be extended by mutual written agreement. A grievance to his/her immediate supervisor must be filed within thirty (30) days after the occurrence of the alleged grievanceactual event or when the grievant knew or should have reasonably known of said event. Such If a grievance must is filed too late in the school year to provide time to process it through all the steps in the grievance procedure before the terms end, the time limits set forth in the various steps shall be in writing and must state specifically reduced so that the grievance procedure may be exhausted prior to the end of the school term or as soon thereafter as is being invoked as well as what specifically has been violated. B. Within practicable. A copy of all correspondence must be sent to the Association and the Board. An employee with a grievance shall discuss it first with his immediate superior, with the objective of resolving the matter informally. If an impasse occurs, a written grievance shall be presented to the immediate superior of the employee, and said employee shall be entitled to a reply, in writing, within five (5) working days of said written complaint. If the aggrieved is not satisfied with the disposition of this grievance at Level One, he must appeal, in writing, to the Superintendent of Schools within five (5) working days after the decision at Level One, or ten (10) working days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten (10) days after the grievance was presented, whichever is sooner. The Superintendent shall be considered settled. A. The aggrieved employee mayreply in writing, within ten (10) working days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of from receipt of said appeal appeal. If the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice is not satisfied with the disposition of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the his grievance shall be considered settled. A. The aggrieved employee mayat Level Two, within ten (10) working days of from receipt of notification of the disposition of the reply to his grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before from the Superintendent, the Superintendent shall said person will inform the Superintendent, in writing, that he wishes a non-public hearing with the Board. The Board shall receive an employee and/or the representative of the decision. C. Should only after the employee not appeal to the next step has exhausted established methods of seeking redress of grievances in Levels One and Two. The Board shall schedule and conduct a hearing within ten (10) working days of receipt of the grievance appeal to the Board and shall be considered settled. A. The aggrieved employee may, render a decision within ten (10) working days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Boardsaid hearing. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it is important The following constitutes the sole and exclusive method for resolving grievances be processed as rapidly as possible, between the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunder.parties covered by this Agreement: A. Any employee may present a Step 1 (Informal). A personal grievance to his/her shall be raised in writing by the Grievant requesting an informal conference with .the Grievant's immediate supervisor within supervisor, as soon as possible but no more than thirty (30) working days after the occurrence of the alleged grievanceincident or thirty (30) working days after he or she would reasonably be expected to know of its occurrence. Such grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievance, the The immediate supervisor shall inform listen to and consider the employee allegation and may take appropriate steps to address it. If the Grievant is dissatisfied with the results of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee maythis conference, he or she shall, within ten (10) working days of the receipt conference so inform the immediate supervisor of an adverse decision at Step 1 level, appeal to this dissatisfaction and file a written grievance on College-prepared forms with the proper supervisor immediately below Contract Administrator designated by the SuperintendentCollege. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf Receipt of the grievant his/her name shall be designated in completed form by the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step Contract Administrator within ten (10) working days of the grievance conference with the immediate supervisor shall constitute fulfillment of the requirements of Step l and shall constitute a request for Step 2. The Grievant may be considered settledrepresented at any time by a Federation representative. A. The aggrieved employee mayB. Step 2. Upon receipt of the completed grievance complaint form, the appropriate Xxxx or Vice President shall arrange for an interview of the Grievant by the Xxxx or Vice President or his or her designee to be held within ten (10) working days of receipt of notification of the disposition filing of the grievance under Step 2complaint form. At the interview, appeal it will be determined if the appropriate steps taken to address the problem have been taken. If it is determined by the Xxxx or Vice President that the complaint is justified, or on the other hand, if the Xxxx or Vice President finds that the grievance is unfounded or unwarranted, he or she shall so inform the grieving unit member in writing. This decision shall be made in writing to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step Grievant within ten (10) working days after the grievance shall be considered settledinterview conducted by the Xxxx/Vice President or his or her designee with the unit member. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.C. Step

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it 1. Any grievance arising between the Employer and the Union or any employee(s) represented by the Union shall be settled in the following manner: STEP 1. The aggrieved employee or employees must present the grievance to the first line supervisor through the shop xxxxxxx within five (5) working days after knowledge of the grievance or the reason for the grievance has occurred. If a satisfactory settlement is important not reached with the grievances be processed as rapidly as possiblefirst line supervisor within three (3) working days, the number grievance may be appealed to Step 2. STEP 2. The union business representative shall then take the matter up with a representative of days indicated at each level should be considered as maximum and every effort should the employer with authority to act upon such grievance. A decision must be made within five (5) working days. STEP 3. If no satisfactory settlement can be agreed upon, the matter may be referred to expedite the processNew Jersey State Mediation Service. It is hereby understood that 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 is 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 essence in grievance pursuant to the processing of grievances hereunder. A. Any employee may present procedures set forth herein and/or a grievance to his/her immediate supervisor within thirty (30) days after the occurrence decision of the alleged 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. Such grievance must The procedures set forth herein may be invoked only by an authorized representative of the Employer or the Union. An appeal to arbitration shall be instituted in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten twenty (1020) calendar days of from the receipt of a decision at Step 2, then within twenty-five (25) calendar days from presenting the grievance, the immediate supervisor shall inform the employee grievance at Step 2. Failure at any step of the decision. C. Should the employee not this procedure to appeal a grievance to the next step within ten (10) days this specified time limit shall be deemed to be an abandonment of such grievance and the decision rendered therein shall stand for the particular grievance. It is understood that employees shall, during and notwithstanding the 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 be considered settled. A. The permit the aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal proceed to the next step within ten (10) days the grievance step. However, a failure to render a decision shall not be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision as an acquiescence to the Superintendent of Schoolsgrievance. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it is important the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time Step One (Informal) – A teacher who feels his complaint is of the essence in the processing of grievances hereunder. A. Any employee may present a grievance to his/her immediate supervisor within thirty (30) days after the occurrence of the alleged grievance. Such grievance must nature that could best be in writing and must state specifically that resolved through the grievance procedure is being invoked as well as what specifically has been violated.shall first discuss his complaint with his principal or superintendent by: A. Expressing his complaint directly to his principal or superintendent B. Within ten (10) days Requesting the Association's representatives to express his complaint to his principal or superintendent C. Appearing together with the Association's representatives before his principal or superintendent for the purpose of expressing said complaint. If the complaint refers to the application or interpretation of personnel policies, rules, regulations, or an administrative decision, the principal or superintendent may state his views and shall give the Association representatives an opportunity to state the views of the receipt of association. If the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee complaint is not appeal resolved satisfactorily to the next step aggrieved within ten (10) days the 5 calendar days, a grievance shall be considered settled. A. The aggrieved employee maydeclared appropriate and action continued. Within 5 days, within ten (10) days before resolving the complaint, the principal or superintendent may consult the next higher level of administration or appropriate higher level of the receipt of an adverse decision at Step 1 levelAssociation. At any point in the above procedure, appeal the aggrieved teacher, the principal, the superintendent, or the Association representatives may request that the complaint under consideration be referred to a fact- finding committee and thus proceed directly to the more formal machinery set forth in Step Two of this grievance procedure. On proper supervisor immediately below written notice, the Association's fact-finding committee, hereafter referred to as the Grievance Committee, shall within five days transmit the complaint in writing to the Superintendent. The appeal superintendent or his designated representative shall then work with the Grievance Committee in full good faith effort to seek an equitable solution. A written copy of the proceedings of all meetings held concerning a given complaint under this step shall be in writing on furnished to the proper form aggrieved teacher, to the superintendent or his representative, to each member of the Grievance Committee, and shall set forth with specificity to the grievance asserted and its disposition at Step 1president of the Association. The parties involved must resolve any complaint under consideration within 10 days after the Grievance Committee has transmitted the complaint to the superintendent. If a representative solution acceptable to all parties concerned is not reached within 10 days after the Grievance Committee has transmitted the complaint to appeal on behalf the superintendent, the superintendent or the Grievance Committee may institute arbitration by so requesting in writing to the Board of Education and the elected officers of the grievant his/her name Association. Within 10 days after receiving a written request for arbitration, the school board and the elected officers of the Association shall be designated appoint a mutually acceptable third party, free from influence by the parties involved, as an arbitrator. Within 10 days after his appointment, the arbitrator shall examine the complaint, consider the opinions of all parties concerned, interpret the school policy in question, and submit his written recommendation to the written appeal or initial complaint. B. Within ten (10) days school board and the elected officers of receipt of said appeal the designated supervisor shall conduct a hearingAssociation for official confirmation. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance arbitrator's recommendation shall be considered settled. A. by all parties concerned. The aggrieved employee may, within ten (10) days of receipt of notification cost of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance arbitration shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing born equally by the BoardSchool Board and the Association. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 1 contract

Samples: Master Contract

Procedures. Since A. Step One: An employee with a complaint shall attempt to resolve the problem informally between the employee and his principal or immediate supervisor. If the complaint is not resolved informally it is important shall be reduced to writing by the grievances be processed as rapidly as possible, employee who shall submit it to the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the processprincipal or immediate supervisor. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any If an employee may present a does not submit his grievance to his/her immediate supervisor the principal in writing within thirty (30) working days after the occurrence facts upon which the grievance is based first occur, or first become known to the teacher, the grievance will be deemed waived. The immediate supervisor or principal will arrange for a conference to take place within three (3) working days after receipt of the alleged grievance. Such grievance must The grievant will be in writing present for the conference and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. may have Association representation if he desires. Within ten (10) working days of following the receipt of conference, the supervisor will provide the grievant with a written answer to the grievance. B. Step Two: If the grievance is not settled in Step One and the employee wishes to appeal the grievance to Step Two, the immediate supervisor shall inform employee may file the employee of the decision. C. Should the employee not appeal grievance in writing to the next step Superintendent of Schools within ten (10) working days after receipt of the grievance principal's or supervisor’s written answer. This shall be considered settled. A. done by submitting a copy of the original grievance complaint along with an indication in writing of reasons why the grievant does not believe the written decision of the principal or immediate supervisor is adequate. The aggrieved employee may, Superintendent or his designee shall arrange for a hearing with the grievant to take place within five (5) working days of his receipt of the appeal. The grievant may have Association representation if he desires. The Superintendent or his designee shall provide a written decision no later than ten (10) working days after receipt of the receipt written grievance. If the Superintendent is also the principal or immediate supervisor who heard the grievance at Step One, the appeal at Step Two shall be made to the Board of an adverse Review consisting of two members of the School Board. C. Step Three: If the grievant is not satisfied with the decision at Step 1 levelTwo (2) or if no decision has been rendered within fifteen (15) working days following the filing of the appeal, appeal the grievant may request that the Association submit the grievance to the proper supervisor immediately below the Superintendentmediation. The appeal shall be in writing on Association will notify the proper form and shall set forth with specificity District of its intent to proceed to mediation within fifteen (15) working days following receipt of the grievance asserted and its disposition decision made at Step 1Two. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) working days of receipt such notification the Association shall request a list of said appeal mediators from a mediation/arbitration organization selected by mutual agreement of the designated supervisor shall conduct a hearingparties. The aggrieved employee and his/her representative, if any, mediator shall be given prior notice 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 hearing date and placeagency that was selected. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative mediator selected will confer with representatives of the written decisiondistrict and the Association and hold a hearing promptly and will issue his finding of fact, reasoning and conclusions on the issue submitted in writing not later than twenty (20) working days from the date of the close of the hearings. Nothing in the Agreement shall prevent the Board and the Association from mutually agreeing on another method of mediation. D. Should Step Four: If the employee grievant is not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal satisfied with the decision to the Superintendent of Schools. B. Within 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) working days of such notification the Association 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 American Arbitration Association. The parties shall separately rank and strike the 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 Association and hold hearing before promptly and will issue his finding of fact, reasoning andconclusions on the Superintendentissue submitted in writing not later than twenty (20) working days from the date of the close of the hearings. The findings of the arbitrator shall be final and binding on the parties. Nothing in the Agreement shall prevent the Board and the Association from mutually agreeing on another method of arbitration. If the appeal at Step Three is not made to the Board of Review, the Superintendent shall inform appellant may, at appellant's option, elect to appeal the employee and/or the representative of the decision. C. Should the employee not appeal decision made at Step Three to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee mayBoard of Review, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, before request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decisionfor arbitration is made. The Board's decision time limits set forth in Step Three shall apply to this optional additional appeal step. Thereafter request for arbitration can be finalmade.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it is important Within fifteen (15) days following the grievances be processed as rapidly as possible, time when the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is grievant knows or could reasonably have known of the essence in act or condition which is the processing of grievances hereunder. A. Any employee may present a grievance to his/her immediate supervisor within thirty (30) days after the occurrence of the alleged grievance. Such grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt basis of the grievance, the grievant may file a written grievance with his principal or immediate supervisor, with a copy to the 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 immediate supervisor shall inform the employee meet within five (5) days following receipt of the decisiongrievance and attempt a mutually satisfactory resolution of the grievance. If no satisfactory agreement is reached, the grievant may within three (3) days appeal to Step 2. C. Should STEP 2 The grievant shall meet with the employee not appeal to the next step Superintendent within ten five (105) days following the grievance shall be considered settled. A. The aggrieved employee receipt of the grievant's appeal. If no satisfactory agreement is reached, the grievant may, within ten (10) days of the receipt of an adverse decision meeting appeal to Step 3. STEP 3 If no satisfactory settlement is reached at Step 1 level2, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at may be appealed to Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten 3 within seven (107) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of after receiving the disposition of the Superintendent or after the above stated time limits have expired and submit the grievance under Step 2, appeal the decision 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 Superintendent of Schools. B. Within fifteen 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 made to the grievant by completing Grievance Report Form, Step 3 within five (155) days of the hearing before meeting. A notification of such disposition shall be furnished the Superintendentgrievant, the Superintendent shall inform Association and the employee and/or the representative of the decisionimmediate supervisor. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under STEP 4 If no satisfactory settlement is reached at Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the BoardAssociation, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.within fifteen

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since The parties hereto acknowledge that it is important usually most desirable for an employee's and the grievances employee's immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the Association, a grievance may be processed as rapidly as possiblefollows: a) The filing of the grievance at the first step must be within a reasonable length of time, but not to exceed ten (10) school days from the date of the occurrence of the event giving rise to the grievance. The written grievance should state the nature of the grievance, should note the specific clause or clauses of the Agreement allegedly violated, and should state the remedy requested. b) The grievant shall file the grievance in writing with the immediately involved supervisor, who will arrange for a meeting to take place within ten (10) school days after the receipt of the grievance. The Association representative, whether requested by the grievant or not, the number of grievant, and the immediately involved supervisor may be present for the meeting. Within ten (10) school days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is of the essence meeting, the grievant and the Association shall be provided with the supervisor's written response, including the reasons for the decisions. c) If the grievance is not resolved in step one, then the grievant may refer the grievance to the Superintendent or the Superintendent's official designee within ten (10) school days after the step one response or within ten (10) school days after the step one meeting, whichever is the later. The Superintendent shall arrange with the grievant for a meeting to take place within ten (10) school days of the Superintendent's receipt of the appeal. Each party shall have the right to include in the processing representation such witnesses and counselors as it deems necessary. Within ten (10) school days of grievances hereunderthe meeting, the grievant and the Association shall be provided with the Superintendent's written response, including the reasons for the decision. A. Any employee d) If the grievance is not resolved in step two, then the grievant may present a refer the grievance to his/her immediate supervisor the Board. The grievance is to be filed with the secretary of the Board within a reasonable length of time after receipt of the response in step two, but not to exceed twenty (20) school days of the answer received in step two. The grievance shall be placed on the agenda for presentation by the Association at the next regularly scheduled Board meeting in Closed Session. Within ten (10) school days of the meeting, the grievant and the Association shall be provided with the Board's written response, including the reasons for the decision. e) If the Association is not satisfied with the disposition of the grievance at step three, the Association may submit the grievance to final and binding arbitration within thirty (30) days after to the occurrence American Arbitration Association which shall act as the administrator of the alleged grievance. Such grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violatedproceedings. B. Within ten (10) days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it is important the grievances be processed as rapidly as possible, the The number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process. The failure of an employee of the Union to act on any grievance within the prescribed time limits shall constitute a waiver of the alleged grievance and will act as a bar to further appeal. An administrator's failure to give a decision within the prescribed time limits shall permit the grievant to proceed to the next step. The time limits may be extended by mutual consent. It is hereby understood agreed that time is 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 essence in duties and related work activities of the processing grieving employee or of grievances hereunderany other employee. The employer shall solely determine whether an interference has occurred under this paragraph. A. Any employee may present a STEP 1: An attempt shall be made to resolve any grievance to under this Article orally, through an informal discussion between the grievant and his/her immediate supervisor supervisor. If requested by the alleged aggrieved employee, a representative may be present at the informal discussion. Grievance shall be presented within thirty five (305) working days after of the date of occurrence of the alleged grievance. Such grievance must be in writing and must state specifically that event giving rise to the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten (10) days or the grievance shall be considered settledwaived. 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. A. The STEP 2: If the grievance is not resolved informally at the first step, the aggrieved employee may, shall file the grievance in writing with the Department Head within ten five (105) working days of the receipt response of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendentimmediate supervisors. The appeal written grievance shall state the nature of the grievance, spelling out the specific clause or clauses of the Agreement which have been allegedly violated, misinterpreted, or misapplied, and shall state the remedy requested, and the date of the alleged violation. Within five (5) working days after the Department Head received the written grievance, a meeting shall be in writing on held, at a mutually agreeable time and place, with the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if anyto discuss and attempt to resolve the alleged grievance. The Department Head shall render a written decision to the aggrieved employee and the Union, shall 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 given prior notice appealed, within five (5) working days of the hearing date and placereceipt of the 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 Union. The parties may by mutual Agreement and within five (5) days following the receipt of the written appeal to the County Conference Board, schedule a meeting to discuss the grievance. The County Conference Board or their designee shall be relieved of his/her responsibilitiesrespond in writing to the employee and Union, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within within ten (10) days following the hearingmeeting. Grievance must be taken up promptly and awards and settlements thereof shall in no case be retroactive beyond the date on which the grievance was first presented in written form. STEP 4: Grievances not settled under the preceding steps shall be submitted to binding arbitration, at the designated supervisor shall inform written request of the employee and/or and Union. Requests must be received by the representative of the written decision. D. Should the employee not appeal to the next step Employer within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) working days of the receipt of notification the written response by the Employer to step three. Within five (5) working days from the date of the disposition receipt of the written request for arbitration, the Employer and the aggrieved employee and the Union shall meet and either mutually agreed upon an arbitrator or jointly petition the Iowa Public Employment Relations Board to submit a list of five (5) arbitrators. Within seven (7) days after receipt of the list by parties, they shall meet and by the flip of a coin determine which party shall strike the first name on the list. They shall alternately strike names and the person whose name is left shall be the appointed arbitrator. The decision of the arbitrator shall be limited to the subject matter of the grievance and shall be restricted solely to interpretation and application of the terms of the Agreement where the alleged violation occurred. The arbitrator shall have no power to add to, subtract from or modify in part or in whole, the terms or intent of any other part of this Agreement. Both parties shall share equally the costs and expenses of the arbitration proceedings, including transcript fees and fees of the arbitrator. Each party, however, shall be responsible for their own expenses of witnesses, representatives, attorney fees etc. Any employee found by the grievance procedure to have been wrongly disciplined, suspended, or discharged, shall be entitled to reinstatement of seniority and payment for time lost, provided however, that such payment shall take into account any penalty which it is determined would have been justified under the circumstances with an arbitration award. The Union may find initially that the 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 under Step 3to the Employer for adjustment with or without intervention of the Union, request a hearing by as long as such adjustment is not inconsistent with the Boardterms of his Agreement. WAGE PLAN - ARTICLE 21 A. The WAGE PLAN for the terms of this Agreement shall be those listed in Appendix "A" and "B". B. Within ten New employees other than seasonal, shall serve a six (106) days month probationary period, and shall be hired at the minimum rate for the position. C. Check-off for Credit Union: The Employer agrees to deduct from member's paycheck authorized deductions for General Drivers Credit Union. Same will be remitted to the Treasurer of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decisionUnion as provided above. The Board's decision shall be final.RULES AND REGULATIONS - ARTICLE 22

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it is important the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present a grievance to his/her immediate supervisor within thirty (30) days after the occurrence of the alleged grievance. Such grievance must be in writing and must state specifically that The aggrieved person shall discuss the grievance procedure is being invoked as well as what specifically has been violatedwith the appropriate immediate supervisor. B. Within ten (10) days of If the receipt aggrieved person is not satisfied with the disposition of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance it shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth discussed informally with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen C. If the aggrieved person is not satisfied with the disposition of the grievance, the grievance may be presented in writing to the Superintendent of Schools within five (155) working days of the hearing before informal discussion. D. The Superintendent of Schools shall investigate the grievance and give a decision in writing, within five (5) working days. E. If the aggrieved person is not satisfied with the disposition of the grievance, a review by the Board may be requested, within five working days of receipt of the Superintendent’s written decision. The request shall be submitted in writing through the Superintendent, who shall attach all related papers and forward the Superintendent request to the Board. The Board or committee thereof shall inform review the employee and/or grievance, hold a hearing with the representative aggrieved, if requested, and render the final decision, in writing, within thirty (30) calendar days of the decisionrequest. C. Should the employee not appeal to the next step F. If within ten (10) working days after the grievance decision of the Board, the aggrieved person is not satisfied with the disposition of the grievance, advisory arbitration may be requested. The Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment to serve. If the parties are unable to agree on an arbitrator, they shall request a list of arbitrators from PERC, and they shall be considered settledbound by the procedure for selection. A. G. The aggrieved employee mayarbitrator selected shall hold hearings in the district and issue an advisory decision, in writing, within twenty (20) calendar days from the close of the hearings. The decision shall set forth findings of fact, reasoning, and conclusions on the issue submitted. The arbitrator shall be without power to add or subtract from this agreement, and the costs for the services of the arbitrator shall be borne equally by the parties. Any other expenses shall be paid by the party incurring same. H. The Board and the Association shall meet within ten (10) working days of to discuss the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Boardadvisory decision. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Procedures. Since it is important the grievances The following procedure shall be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is of the essence used in the processing submission of grievances hereunder.as defined in “B”: A. Any employee may present a grievance to his/her immediate supervisor within thirty (30) days after the occurrence of the alleged grievance. Such grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative teacher or teachers believes that there is a grievance, the individual shall first discuss the matter with the building administrator in an effort to appeal on behalf of resolve the grievant his/her name shall be designated in the written appeal or initial complaintproblem. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing2. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the person may have a representative of the written decisionAssociation assist him/her in efforts to resolve the problem informally with the administrator. D. Should the employee 3. If an aggrieved person is not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of satisfied with the disposition of the problem, or if no decision has been rendered following five school days after stating the grievance under Step 2in the informal procedure, appeal the person may submit the claim within seven school days as a formal grievance, in writing, to the building administrator. 4. The building administrator shall, within five school days, render a decision and the reasons therefore in writing to the aggrieved person with a copy to the President of the Association and to the Superintendent of Schools. B. Within fifteen (15) days 5. A teacher, who is not directly responsible to a building administrator, shall submit the formal grievance claim to the administrator to whom that person is directly respon- sible. 6. If the aggrieved person is not satisfied with the disposition of the grievance, or if no decision has been rendered within five school days after the presentation of the grievance in writing, the person may within seven school days appeal the written grievance to the Superintendent of Schools. 7. The Superintendent of Schools shall act for the administration of this level of the grievance procedure. Within ten school days after receipt of the written appeal for a hearing before by the Superintendent, the Superintendent shall inform meet with the employee and/or aggrieved person for the representative purpose of hearing the grievance. A record of such hearing shall be kept by the Superintendent and made available to the parties involved upon request. The Superintendent shall, within five school days following the hearing, render a decision and the reasons therefore, in writing, to the aggrieved person, with a copy to the President of the decisionAssociation. C. Should 8. If the employee aggrieved person is not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of satisfied with the disposition of his/her the grievance under Step 3, request a hearing by the BoardSuperintendent, or if no decision has been rendered within five school days after submission to the Superintendent, the person may within seven school days, appeal the grievance to the Board of Education. B. 9. Within ten (10) thirty school days of after receiving the hearing before the Boardwritten appeal, the Board of Education shall inform meet with the employee and/or his/her representative aggrieved person for the purpose of its decisionhearing the matter. The Board's Within five school days following submission of the matter, the decision of the Board of Edu- cation shall be finalrendered in writing.

Appears in 1 contract

Samples: Negotiated Agreement

Procedures. Since it is important the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process1. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any An employee may present with a grievance to his/her immediate supervisor within thirty (30) days after shall first discuss it with the occurrence of the alleged grievance. Such grievance must be in writing principal and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievance, the immediate supervisor or their designee, with the object of resolving the matter informally. 2. If the grievance cannot be resolved informally, the grievant may file the grievance in writing, and, at a mutually agreeable time, discuss the matter with the employee’s immediate supervisor. The grievant shall inform present to the employee immediate supervisor a written copy of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, 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 employee within ten (10) days after receipt of an adverse the 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 time, discuss the matter with the proper Manager. The grievant shall present to the Manager a written copy of the grievance within seven (7) days of the supervisor’s written decision at Step 1 level, appeal step two. The Manager shall decide on the grievance and communicate it in writing to the proper supervisor immediately below employee within ten (10) days after the Superintendentreceipt of the grievance. 4. If the grievance remains unresolved, the grievant may file the grievance in writing with the Superintendent or designee. The appeal grievant shall be in writing on present to the proper form and shall set forth with specificity Superintendent or designee a written copy of the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf within seven (7) days of the grievant his/her name shall be designated in the administrator’s written appeal or initial complaint. B. decision at step three. Within ten (10) days of receipt of said appeal after such written grievance is filed, the designated supervisor grievant and Superintendent or designee shall conduct a hearingmeet to consider the grievance. The aggrieved employee Superintendent or designee shall decide on the grievance and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform communicate it in writing to the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days after such meeting. 5. If the grievance is not resolved satisfactorily at step four, the grievance may be submitted to impartial, binding arbitration. To enter such arbitration, the Union shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification submit a written request on behalf of the disposition of Union and the grievance under Step 2, appeal the decision grieving employee(s) to the Superintendent of Schools. B. Within fifteen within thirty (1530) days from receipt of the step four 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 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 the services of the arbitrator, and the cost of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance room shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing borne equally by the Board. B. Within ten (10) days 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 before at the Boardrequest of either party; however, the Board party requesting the copy of the transcript or recording shall inform the employee and/or his/her representative of its decisionpay for such copy. The Board's 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 finalstrictly 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. Since A. Step One: An employee with a complaint shall attempt to resolve the problem informally between the employee and his principal or immediate supervisor. If the complaint is not resolved informally it is important shall be reduced to writing by the grievances be processed as rapidly as possible, employee who shall submit it to the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the processprincipal or immediate supervisor. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any If an employee may present a does not submit his grievance to his/her immediate supervisor the principal in writing within thirty (30) working days after the occurrence facts upon which the grievance is based first occur, or first become known to the teacher, the grievance will be deemed waived. The immediate supervisor or principal will arrange for a conference to take place within three (3) working days after receipt of the alleged grievance. Such grievance must The grievant will be in writing present for the conference and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. may have Association representation if he desires. Within ten (10) working days of following the receipt of conference, the supervisor will provide the grievant with a written answer to the grievance. B. Step Two: If the grievance is not settled in Step One and the employee wishes to appeal the grievance to Step Two, the immediate supervisor shall inform employee may file the employee of the decision. C. Should the employee not appeal grievance in writing to the next step Superintendent of Schools within ten (10) working days after receipt of the grievance principal's or supervisor’s written answer. This shall be considered settled. A. done by submitting a copy of the original grievance complaint along with an indication in writing of reasons why the grievant does not believe the written decision of the principal or immediate supervisor is adequate. The aggrieved employee may, Superintendent or his designee shall arrange for a hearing with the grievant to take place within five (5) working days of his receipt of the appeal. The grievant may have Association representation if he desires. The Superintendent or his designee shall provide a written decision no later than ten (10) working days after receipt of the receipt written grievance. If the Superintendent is also the principal or immediate supervisor who heard the grievance at Step One, the appeal at Step Two shall be made to the Board of an adverse Review consisting of two members of the School Board. C. Step Three: If the grievant is not satisfied with the decision at Step 1 levelTwo (2) or if no decision has been rendered within fifteen (15) working days following the filing of the appeal, appeal the grievant may request that the Association submit the grievance to the proper supervisor immediately below the Superintendentmediation. The appeal shall be in writing on Association will notify the proper form and shall set forth with specificity District of its intent to proceed to mediation within fifteen (15) working days following receipt of the grievance asserted and its disposition decision made at Step 1Two. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) working days of receipt such notification the Association shall request a list of said appeal mediators from a mediation/arbitration organization selected by mutual agreement of the designated supervisor shall conduct a hearingparties. The aggrieved employee and his/her representative, if any, mediator shall be given prior notice 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 hearing date and placeagency that was selected. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative mediator selected will confer with representatives of the written decisiondistrict and the Association and hold a hearing promptly and will issue his finding of fact, reasoning and conclusions on the issue submitted in writing not later than twenty (20) working days from the date of the close of the hearings. Nothing in the Agreement shall prevent the Board and the Association from mutually agreeing on another method of mediation. D. Should Step Four: If the employee grievant is not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal satisfied with the decision to the Superintendent of Schools. B. Within 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) working days of such notification the Association 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 American Arbitration Association. The parties shall separately rank and strike the 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 Association and hold hearing before promptly and will issue his finding of fact, reasoning andconclusions on the Superintendentissue submitted in writing not later than twenty (20) working days from the date of the close of the hearings. The findings of the arbitrator shall be final and binding on the parties. Nothing in the Agreement shall prevent the Board and the Association from mutually agreeing on another method of arbitration. If the appeal at Step Three is not made to the Board of Review, the Superintendent shall inform appellant may, at xxxxxxxxx's option, elect to appeal the employee and/or the representative of the decision. C. Should the employee not appeal decision made at Step Three to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee mayBoard of Review, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, before request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decisionfor arbitration is made. The Board's decision time limits set forth in Step Three shall apply to this optional additional appeal step. Thereafter request for arbitration can be finalmade.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it is important The Xxxxxx Education Association designates the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present a grievance to Association President or his/her immediate supervisor within thirty (30) days after designee as the occurrence local agent responsible for processing grievances through Level Three. 1. LEVEL ONE - A teacher, group of teachers, or the alleged grievance. Such grievance must be in writing and must state specifically Association believing that the grievance procedure is being invoked as well as what specifically there has been violated. B. Within ten (10) days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee maya violation shall, within ten (10) school days of its alleged occurrence, orally discuss the receipt grievances with the building Principal and the representative of the Association in an adverse decision at Step 1 levelattempt to resolve the matter. If no resolution is obtained within five (5) school days following the discussion, appeal the grievant shall express the grievance in writing and process in accordance with Level Two. 2. LEVEL TWO - If the meeting is with the school principal and the parties cannot agree, the grievance shall promptly be transmitted to the proper supervisor immediately below Superintendent who shall have five (5) school days thereafter to approve or disapprove the grievance. If the grievance is transmitted directly to the Superintendent. The appeal , he/she shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within have ten (10) school days of from receipt of said appeal the designated supervisor shall conduct to approve or disapprove it. An Association, or a hearing. The aggrieved employee and his/her representative, if any, shall group grievance may be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal submitted directly to the next step within ten (10) days Superintendent. If the grievance shall be considered settled. A. The aggrieved employee maydenied by the Superintendent, within ten (10) days of receipt of notification either upon review of the disposition action of the grievance under Step 2, appeal school principal or in the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendentfirst instance, the Superintendent shall inform answer the employee and/or grievance in writing and the representative grievance with the answer shall be transmitted to the Association. 3. LEVEL THREE - If the decision of the decisionSuperintendent is not satisfactory to the Association, the grievance may be submitted within twenty (20) school days to arbitration before an impartial arbitrator selected by the parties. C. Should a. The arbitrator shall be selected by the employee American Arbitration Association in accord with its rules which shall likewise govern the Arbitration hearing. The Board and Association shall not appeal be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the Board and to the Association. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction where such award does not conflict with or deny the powers and duties of the Board granted by Legislative Act. b. If any teachers for whom a grievance is sustained shall be found to have been improperly reprimanded or improperly deprived of a position, or unjustly discharged, the arbitrator will have authority to reinstate the teacher, with full reimbursement for all compensation lost. The costs of any arbitration under this article shall be shared equally by the Board and the Association. c. It is expressly understood that the grievance procedure shall not apply to those matters from which statute authorizes specific remedy, such as the Tenure Teacher Act. d. It is understood that the time limits are maximum and can be extended with the written mutual consent of both parties. Both parties should be encouraged to process a grievance as rapidly as possible and within the limits and procedure as set forth herein. If the administration at any step fails to respond in a timely manner, the grievance will be considered denied and may be moved to the next step within ten (10) days level. Failure of the grievant to meet any time limits will result in the grievance shall be being considered settledas withdrawn. A. The aggrieved employee maye. In the event a grievance is filed after May 1st of any year and strict adherence to the time limits may result in hardship of any party, within ten (10) days of the receipt of notification of the disposition of Superintendent shall use his/her best efforts to process such grievance under Step 3, request a hearing by prior to the Board. B. Within ten (10) days end of the hearing before school term or as soon thereafter as possible. If the Boardgrievance is processed to arbitration, the Board shall inform parties may submit the employee and/or his/her representative grievance to expedited arbitration under the rules of its decision. The Board's decision shall be finalthe American Arbitration Association.

Appears in 1 contract

Samples: Master Agreement

Procedures. Since A. Step One: An employee with a complaint shall attempt to resolve the problem informally between the employee and his principal or immediate supervisor. If the complaint is not resolved informally it is important shall be reduced to writing by the grievances be processed as rapidly as possible, employee who shall submit it to the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the processprincipal or immediate supervisor. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any If an employee may present a does not submit his grievance to his/her immediate supervisor the principal in writing within thirty (30) working days after the occurrence facts upon which the grievance is based first occur, or first become known to the teacher, the grievance will be deemed waived. The immediate supervisor or principal will arrange for a conference to take place within three (3) working days after receipt of the alleged grievance. Such grievance must The grievant will be in writing present for the conference and must state specifically that may have Association representation if he desires. Within five (5) working days following the grievance procedure is being invoked as well as what specifically has been violatedconference, the supervisor will provide the grievant with a written answer to the grievance. B. Step Two: If the grievance is not settled in Step One and the employee wishes to appeal the grievance to Step Two, the employee may file the grievance in writing to the Superintendent of Schools within ten (10) working days after receipt of the principal's or supervisor’s written answer. This shall be done by submitting a copy of the original grievance complaint along with an indication in writing of reasons why the grievant does not believe the written decision of the principal or immediate supervisor is adequate. The Superintendent or his designee shall arrange for a hearing with the grievant to take place within five (5) working days of his receipt of the appeal. The grievant may have Association representation if he desires. The Superintendent or his designee shall provide a written decision no later than ten (10) working days after receipt of the written grievance. If the Superintendent is also the principal or immediate supervisor who heard the grievance at Step One, the appeal at Step Two shall be made to the Board of Review consisting of two members of the School Board. C. Step Three: If the grievant is not satisfied with the 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 receipt Association shall request a list of mediators from a mediation/arbitration organization selected by mutual agreement of the grievanceparties. The mediator shall be mutually selected from a list provided by the Federal Mediation & Conciliation Service, the immediate supervisor American Arbitration Association, or another agency as mutually agreed. The parties shall inform separately rank and strike the employee 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 decisionagency that was selected. The mediator selected will confer with representatives of the district and the Association and hold a hearing promptly and will issue his finding of fact, reasoning and conclusions on the issue submitted in writing not later than twenty (20) working days from the date of the close of the hearings. Nothing in the Agreement shall prevent the Board and the Association from mutually agreeing on another method of mediation. C. Should D. Step Four: If the employee grievant is not appeal to satisfied with the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal Three (3) or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step no decision has been rendered within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. 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) working days of such notification the Association 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 American Arbitration Association. The parties shall separately rank and strike the 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 Association and hold hearing before promptly and will issue his finding of fact, reasoning and conclusions on the Superintendentissue submitted in writing not later than twenty (20) working days from the date of the close of the hearings. The findings of the arbitrator shall be final and binding on the parties. Nothing in the Agreement shall prevent the Board and the Association from mutually agreeing on another method of arbitration. If the appeal at Step Three is not made to the Board of Review, the Superintendent shall inform appellant may, at appellant's option, elect to appeal the employee and/or the representative of the decision. C. Should the employee not appeal decision made at Step Three to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee mayBoard of Review, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, before request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decisionfor arbitration is made. The Board's decision time limits set forth in Step Three shall apply to this optional additional appeal step. Thereafter request for arbitration can be finalmade.

Appears in 1 contract

Samples: Contractual Agreement

Procedures. Since The parties hereto acknowledge that it is important the grievances most desirable for an employee and employee's immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the Association, a grievance may be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the processprovided below. It is hereby understood that time is The filing of the essence in the processing of grievances hereunder. A. Any employee may present a grievance to his/her immediate supervisor at Step I or Step II below must be within thirty twenty (3020) days after of the date of the occurrence of the alleged event giving rise to the grievance. Such All time limits shall consist of school days, except that during any vacation or break periods (excluding regular School District holidays) regular calendar days shall be counted for the purpose of establishing time limits. The failure of a grievant to act on any grievance must within the prescribed time limits will act as a bar to any further appeal. If no decision has been rendered within the time limits indicated within a step, then the grievance shall be processed to the next step. The time limits at any step or at any point in the grievance process, however, may be extended by mutual agreement. 1) STEP I - The employee or the Association may present the grievance in writing and must state specifically that to the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten immediately involved supervisor, who will arrange for a meeting to take place within five (105) working days of the after receipt of the grievance. The Association's representative, the immediate grievant, and the immediately involved supervisor shall inform be present at the employee meeting. Within five (5) working days of the meeting, the grievant and the Association shall be provided with the supervisor's written response, including the reasons for the decision. C. Should the employee not appeal to the next step within ten (102) days STEP II - If the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision is not resolved at Step 1 levelI, appeal to then the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity Association may refer the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within within fifteen (15) working days after receipt of the Step I answer. The Superintendent shall arrange with the Association representative for a meeting to take place within five (5) working days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative 's receipt of the decision. C. Should appeal. Each party shall have the employee not appeal right to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. include in its representation such witnesses and counselors as it deems necessary. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.five

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it is important Step #1: The employee or the grievances be processed as rapidly as possible, Association shall submit on a standardized grievance form (enclosed with the number of contract) to the immediate supervisor the listed grievance. Such communication shall take place within 30 days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present a grievance to his/her immediate supervisor within thirty (30) days after the occurrence grievant’s knowledge of the alleged grievanceviolation. Such grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) The supervisor shall within 10 days of the his receipt of the grievance, arrange for a meeting with the grievant to take place for a clarification of the grievance. A representative of the Association may be present. The immediate supervisor shall inform within 5 days provide the employee grievant and the Director of Schools a written position on the decision. C. grievances. Should the employee grievant not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth satisfied with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under made by his immediate supervisor, he may proceed to Step #2. Step #2: Within 10 days of receiving an unsatisfactory disposition of his grievance from his immediate supervisor, appeal the decision to employee may arrange a conference with the Superintendent Director of Schools. B. Within fifteen (15) , which shall be scheduled within 5 days of the Director’s receipt of such request. The immediate supervisor, the grievant, and a representative of the Association, if the grievant requests the presence of a representative, shall attend the conference. Either party may bring witnesses as the sides deem necessary. After hearing the diverse sides, the Director shall within 5 days submit his written reasons for the decision. If the grievant is not satisfied with the Director’s disposition of the matter, the grievant may proceed to Step #3. Step #3: Within 10 days of receiving an unsatisfactory answer from the Director, the grievant may request a hearing before the SuperintendentBoard of Education by informing the Director of this desire. The Board shall hear the grievance at its next regularly scheduled Board meeting. The board shall respond in writing within 10 days after the review is completed. If the grievant is not satisfied with the Board’s disposition of his grievance, he may submit said grievance to advisory arbitration, with Association approval, as provided by the Federal Mediation and Conciliation Service and specifically provided for in Step #4. Step #4: If the grievant desires to submit his grievances to advisory arbitration, he must do so within 10 days of his receipt of an answer from the Board. The arbitrator shall have no power or authority to add to, subtract from, change, modify, or alter in any way provisions of the agreement, or impose on any party hereto a limitation or obligation not explicitly provided for in this agreement. Furthermore, the Superintendent arbitrator shall inform the employee and/or the representative of the decision. C. Should the employee not appeal have no power to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee maychange any practice, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3policy, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.or

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it is important the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should 1. First Step: An attempt will be made to expedite resolve any grievance in informal, verbal discussion between complainant, accompanied by an Association representative if requested by the process. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present a grievance to complainant, and his/her immediate supervisor within thirty superior. The Association will be informed by the administration of the outcome achieved at this step. 2. Second Step: If any grievance cannot be resolved informally, grievant(s) will file the grievance in writing with the principal. Within ten (3010) days after such written grievance is filed, the aggrieved, representative of the aggrieved as desired, and the principal will meet to resolve the grievance. The written grievance must state the nature of the grievance, note the specific clause or clauses of the Agreement allegedly violated, and state the remedy requested. Any grievance filed by the Association or a group of teachers must specifically state by name each teacher included within the grievance, the nature of the grievance, and the remedy sought for each such teacher at the Step 2 meeting. The filing of the grievance at the second step must be within twenty-five (25) days from the date of the occurrence of the alleged event giving rise to the grievance, except for grievances pertaining to payroll which must be filed within thirty-five (35) days of the receipt of the initial paycheck involved in the grievance. Such The principal or other administrator who has authority to make a decision on the grievance must be will make such decision and communicate it in writing to the teacher(s) and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within Superintendent within ten (10) days of the receipt second step meeting, with a summary of the grievance, the immediate supervisor shall inform the employee of reasons for the decision. C. Should 3. Third Step: In the employee event a grievance has not appeal to been satisfactorily resolved at the next step within ten (10second step, the grievant(s) days the grievance shall be considered settled. A. The aggrieved employee maywill file, within ten (10) days of the receipt principal’s written decision or answer at the second step, a copy of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below grievance with the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearingafter such written grievance is filed, the designated supervisor shall inform the employee and/or the aggrieved, representative of the written decision. D. Should aggrieved as desired, the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to principal and the Superintendent of Schools. B. Within fifteen (15) days of or designee, will meet to resolve the hearing before the grievance. The Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step or designee, will file an answer within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.ten

Appears in 1 contract

Samples: Professional Negotiations Agreement

Procedures. Since The parties hereto acknowledge that it is important usually most desirable for an employee and the grievances be processed as rapidly as possibleimmediately involved supervisor to resolve problems through free and informal communication, provided the number resolution is consistent with the terms of days indicated at each level should be considered as maximum and every effort should be made to expedite the processthis document. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present a grievance to his/her immediate supervisor The informal discussion shall take place within thirty fifteen (3015) days after of the occurrence of the event, which initiated the alleged grievance. Such grievance must be in writing and must state specifically that The Board acknowledges the right of the Association to assist a grievant at any level of the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days if it obtains the consent of the receipt grievant, and the Association acknowledges the right of any member of the grievance, the immediate supervisor shall inform the employee Administration to receive assistance as desired in any step of the decision. C. Should grievance procedure. Failure of any grievant to abide by the employee not appeal prescribed timelines shall prohibit the grievant from proceeding to the next step. The time limits, however, may be extended by written agreement between the parties. At any step within ten (10) days of the grievance shall be considered settled. A. The aggrieved employee mayprocedure, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved may have representation of his/her responsibilities, if necessary, without choice. A grievance involving the loss act of salary, for any Administrator above the purpose building level shall initially be filed at Step 2 of attending the hearinggrievance procedure after the grievant has first verbally consulted the Administrator involved. C. Within A. STEP 1 – If the alleged grievance cannot be resolved informally, the grievant shall present the grievance in writing to the immediately involved supervisor no later than ten (10) days following the hearingprocess. The written information contained in the filed grievance shall contain the following: 1. A description of the specific grounds of the grievance, including the specific action or lack of action being grieved, including names, dates and places necessary for a complete understanding of the grievance; 2. A listing of the provisions of this Agreement, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal Article or Articles and Sections or Paragraphs, which are alleged to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.have been violated or misapplied;

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it is important The parties hereto acknowledge that the grievances proper chain of command will be followed when trying to resolve problems through free and informal communications. Free and informal communication may be verbal or written communication. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of the problem. If, however, the informal process fails to satisfy the employee or the Association, a grievance may be processed as rapidly as possible, follows: Step I. The employee or the number of days indicated at each level should be considered as maximum Association will present the grievance in writing and every effort should be made to expedite file it with the process. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present a grievance to his/her immediate supervisor Principal within thirty ten (3010) days after from the time that the employee or the Association could reasonably be expected to have become aware of the occurrence of the alleged event. The grievance shall contain a statement of facts, circumstance, and a suggested remedy. The Principal will meet with the grievant within ten (10) days after receipt of the grievance. Such grievance must be The Principal will provide a written response following the meeting within ten (10) days. Step II. The employee or the Association may appeal to the Superintendent in writing within ten (10) days after receiving the decision of the Principal. A copy of the appeal shall be furnished to the Principal by the employee or the Association. A meeting will take place within ten (10) days after receipt of the appeal. The Association's representative, the grievant and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Superintendent shall be present at the meeting. Within ten (10) days of the receipt of the grievancemeeting, the immediate supervisor shall inform grievant and the employee of Association will be provided with the Superintendent's written response including the reason for the decision. C. Should . Step Ill. If the employee grievance is not appeal resolved at Step II, then the grievance or the Association may refer the grievance to the next step Board of Education within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days after receipt of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the SuperintendentII answer. The appeal shall be in writing on Board will arrange with the proper form Association representative and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct for a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal meeting to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, take place within ten (10) days of receipt of notification of the disposition of unresolved grievance. Each party shall have the grievance under Step 2, appeal the decision right to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. include in its representation such witnesses and counselors as it deems necessary. Within ten (10) days of the hearing before meeting, the Association and the grievances will be provided with the Board's written response, including the Board shall inform reason for the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it is important (a) Failure at any step of this procedure to communicate the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present decision on a grievance within the specified time limits shall permit the aggrieved employee to his/her immediate supervisor within thirty (30) days after proceed to the occurrence next step. Failure at any step of the alleged grievance. Such this procedure to appeal a grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten the specified time limits shall be deemed to be acceptance of the decision rendered at that step. (10b) days It is understood that employees shall continue to observe all assignments and applicable rules and regulations of the Board until such grievance has been fully determined. (c) At all stages of this procedure, copies of responses will be forwarded simultaneously to the Association. 2. Any employee or group and its representative who has a grievance shall discuss it first with his/her principal (or immediate supervisor or department head, if applicable) in an attempt to resolve the matter informally at that level. If the subject matter of the grievance involves an act of a Central Administrator, then such grievance shall commence with that Central Administrator and thence to the Superintendent of Schools and/or the Assistant Superintendent of Human Resources and not the Building Principal. 3. If the grievance is not settled satisfactorily in five (5) school days, it shall be reduced to writing specifying: a. nature of the grievance b. nature and extent of injury, loss or inconvenience c. result of previous discussions, and d. dissatisfaction with decisions previously rendered The written grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of discussed by the receipt of an adverse decision at Step 1 level, appeal to Association Building Representative and the proper supervisor immediately below the SuperintendentPrincipal. The appeal Principal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant communicate his/her name shall be designated decision to the employee in the written appeal or initial complaint. B. Within ten writing within five (105) school days of receipt of said the written grievance. (a) The employee, no later than five (5) school days after receipt of the Principal's decision, may appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the Principal's decision to the Superintendent or the Assistant Superintendent of Schools. B. Within fifteen (15) days of the hearing before Human Resources, as the Superintendent's designee, in writing by reciting the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal matter submitted to the next step within ten (10) days Principal as specified above and the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of dissatisfaction with the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decisiondecisions previously rendered. The BoardSuperintendent or the Assistant Superintendent of Human Resources, as the Superintendent's decision designee, and the Association President shall be final.attempt to resolve the matter as quickly as possible but within the period not to exceed ten

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it is important the The adjustment of grievances will be processed accomplished as rapidly as possible. In order to insure rapid resolution of grievances, the number of days indicated at within which each level should step is prescribed to be accomplished shall be considered as maximum and every effort should shall be made to expedite the process. It is hereby understood that Failure by the district and/or respondent to comply with the time is limits shall cause the grievance to be waived. Failure by the district to comply with the time limits shall be construed as a denial of the essence grievance at that level. Under unusual circumstances, the time limits prescribed in this section may be extended by mutual consent of the processing of grievances hereundergrievant and the District and/or respondent. A. Any employee may present a LEVEL 1 The grievant shall first discuss the grievance to his/her with the employee’s immediate supervisor in private conferences within thirty twenty (3020) days of the occurrence of the event upon which the grievant became aware or reasonably should have become aware of the events upon which the grievance is based, whichever shall be later. Every effort shall be made to adjust the grievance in an informal manner. If the grievant is dissatisfied with the outcome of the initial private conference, the grievant must request, in writing, a formal conference with the immediate supervisor, at which time the grievant may be accompanied by a representative from the grievance committee. Every effort should be made to develop an understanding of the facts and issues in order to create a climate which will lead to a solution. The formal conference shall occur within five (5) days of the written request or the informal conference. In the event that the grievance is not resolved at Level 1, the grievant may within ten (10) days appeal the matter in writing to the Superintendent of the District or another administrator provided by the ESD when the grievant’s immediate supervisor is also the Superintendent. The Superintendent, the Superintendent’s designated representative, or other named administrator shall confer with the grievant in an effort to meet a satisfactory solution within a reasonable time limit. If the grievance has not been resolved within ten (10) days after the occurrence grievance was discussed with the Superintendent or the Superintendent’s designee pursuant to Level 2 above, then the grievant may request a meeting with the Board of Directors for the purpose of presenting the grievance to the Board of Directors of the alleged grievanceDistrict. Such grievance must The request for the meeting with the Board of Directors shall be in writing and must state specifically filed with the Superintendent of the District as Secretary of the Board of Directors. The Board of Directors will, within fifteen (15) days after the receipt of the written request, confer with the grievant and within five (5) days, render a decision to be submitted to the grievant in writing. In the event that the grievance procedure is being invoked as well as what specifically not settled by the disposition of the Board, then within five (5) days of the written disposition of the Board, the employee shall file with the grievance committee a request for binding arbitration If the grievance committee determines that the grievance is valid, the grievance committee shall, within ten (10) days after receipt of the request from the grievant, give written notice to the Superintendent that the grievance shall be submitted to binding arbitration or that the grievance committee has been violated. B. decided not to pursue the grievance to arbitration. Within ten (10) days of the receipt employee’s written request for binding arbitration, the District and the employee or the employee’s representative shall confer for the purpose of selecting an arbitrator. In the event that the parties are unable to mutually agree on a person to act as an arbitrator, then the parties shall submit a mutual request to the American Arbitration Staff for a list of arbitrators. Thereafter, the parties shall alternately strike the names of the grievancearbitrators contained on the list of the American Arbitration Staff until one name is remaining. The remaining person shall act as the arbitrator. The arbitration proceedings shall be conducted pursuant to the American Arbitration Staff’s expedited rules unless the parties mutually agree to waive, alter, or modify the rules. The time for the arbitration shall be established after a conference between the District, the immediate supervisor shall inform employee or employees’ representative, and the employee arbitrator to schedule a mutually agreeable date for the arbitration. If any question arises as to arbitrability, such question will first be ruled upon by the arbitrator selected to hear the dispute. The cost of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days service of the receipt of an adverse decision at Step 1 levelarbitrator, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representativeincluding per diem travel subsistence, if any, shall be given prior notice costs of the hearing date room, and placecost of the arbitrator’s services, will be divided equally by the District and the grievant. The employee shall All other costs will be relieved borne by the party incurring the cost. If the grievant desires, the grievant may be accompanied by a person of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition choice at Steps 1 through 4 of the grievance under proceedings except the informal Step 2, appeal 1 conference in order to assure that the decision to procedure is followed and the Superintendent of Schoolsemployee’s rights are protected. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it A. Step 1 1. An employee having a grievance shall file the applicable grievance form (Appendix C) at Human Resources within thirty (30) days following the occurrence of the event giving rise to the grievance. The grievance shall set forth the complete facts on which the grievance is important the grievances be processed as rapidly as possiblebased, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is specific provision(s) of the essence Agreement allegedly violated, and the relief requested. The Chief of Police or designee shall schedule a Step 1 meeting between the grievant, the grievant's designated represent active, grievant's supervisor, or other appropriate individuals. The grievant shall have the right to present any evidence in support of the grievance at this meeting. If the meeting does not result in resolution of the grievance, the Chief of Police or designee will proceed with processing the grievance and issuing a written decision, stating the reasons therefore, to grievant or grievant's designated representative within thirty (30) days following the conclusion of the meeting, unless an extension has been granted. If an extension was granted, the decision shall be issued by the agreed upon date. A copy of the decision shall be sent to the grievant and to the PBA if grievant elected not to be represented by the PBA. The decision shall be transmitted by personal delivery with written documentation of receipt or by certified mail, return receipt requested. 2. Where practicable, the University shall make available to the grievant or grievant's designated representative, documentation referenced in the processing 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 grievances hereunderthese documents. In advance of the Step 1 meeting, the grievant shall have the right, upon written request, to a copy of documents identified as relevant to the grievance. A. Any employee 3. In the absence of an agreement to extend the period for issuing the Step 1 decision, the grievant may present proceed to Step 2 if the grievant or grievant's designated representative has not received the written decision by the end of the thirtieth (30th) day following the conclusion of the Step 1 meeting. B. Step 2 ‐ Management Rep r es en tativ e 1. If the grievance is not satisfactorily resolved at Step 1, the grievant may file a written request for review (using Appendix D form) with the Step 2 Management Representative within thirty (30) days following receipt of the Step 1 decision by grievant or grievant's designated representative. When the grievance is eligible for initiation at Step 2, the grievance form must contain the same information as a grievance filed at Step 1 above. The Step 2 Management Representative may have a meeting with the employee and/or the designated representative to his/her immediate supervisor discuss the grievance. 2. The Step 2 Management Representative shall issue a written decision to the grievant or grievant's designated representative, stating the reasons therefore, within thirty (30) days following the conclusion of the meeting. C. Step 3 ‐ Arbitration. 1. If the grievance is not resolved at Step 2, the grievant or grievant's designated representative may appeal the Step 2 decision to Arbitration on a Notice of Arbitration form as set forth in Appendix E; this appeal shall be filed within thirty (30) days after the occurrence of the alleged grievance. Such grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, 2. A grievant may appeal a grievance to Arbitration whether or not he/she was represented by the proper supervisor immediately below the SuperintendentPBA at an earlier step. 2. The appeal University and the PBA may, by written agreement, submit related grievances for hearing before the same arbitrator. 3. The arbitrator shall be in writing on one person from a panel of seven (7) permanent arbitrators, mutually selected by the proper form University and shall set forth with specificity the grievance asserted and its disposition at Step 1PBA to serve for any case or cases submitted. If a representative agreement is to appeal not reached on behalf one or more of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten seven (107) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten arbitrators within sixty (1060) days following the hearingsigning or effective date of this Agreement, whichever is later, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee parties may, within ten (10) days by mutual agreement, request the Federal Mediation and Conciliation Service, American Arbitration Association, or the Florida Public Employee Relations Commission to provide a list of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days arbitrators. The University and the PBA shall select the arbitrator(s) by alternately striking from the list until the required number of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal names remain. The party to the next step within ten (10) days the grievance strike first shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing determined by the Boardflip of a coin. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it is important (a) Failure at any step of this procedure to communicate the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present decision on a grievance within the specified time limits shall permit the aggrieved employee to his/her immediate supervisor within thirty (30) days after proceed to the occurrence next step. Failure at any step of the alleged grievance. Such this procedure to appeal a grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten the specified time limits shall be deemed to be acceptance of the decision rendered at that step. (10b) days It is understood that employees shall continue to observe all assignments and applicable rules and regulations of the Board until such grievance has been fully determined. (c) At all stages of this procedure, copies of responses will be forwarded simultaneously to the Association. 2. Any employee or group and its representative who has a grievance shall discuss it first with his/her principal (or immediate supervisor or department head, if applicable) in an attempt to resolve the matter informally at that level. If the subject matter of the grievance involves an act of a Central Administrator, then such grievance shall commence with that Central Administrator and thence to the Superintendent of Schools and/or the Assistant Superintendent of Human Resources and not the Building Principal. 3. If the grievance is not settled satisfactorily in five (5) school days, it shall be reduced to writing specifying: a. nature of the grievance b. nature and extent of injury, loss or inconvenience c. result of previous discussions, and d. dissatisfaction with decisions previously rendered The written grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of discussed by the receipt of an adverse decision at Step 1 level, appeal to Association Building Representative and the proper supervisor immediately below the SuperintendentPrincipal. The appeal Principal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant communicate his/her name shall be designated decision to the employee in the written appeal or initial complaint. B. Within ten writing within five (105) school days of receipt of said the written grievance. (a) The employee, no later than five (5) school days after receipt of the Principal's decision, may appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the Principal's decision to the Superintendent or the Assistant Superintendent of Schools. B. Within fifteen (15) days of the hearing before Human Resources, as the Superintendent's designee, in writing by reciting the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal matter submitted to the next step within ten (10) days principal as specified above and the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of dissatisfaction with the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decisiondecisions previously rendered. The BoardSuperintendent or the Assistant Superintendent of Human Resources, as the Superintendent's decision designee, and the Association President shall be final.attempt to resolve the matter as quickly as possible but within the period not to exceed ten

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it STEP 1 The Building Principal shall respond in writing to each grievance received. If an aggrieved party is important not satisfied with the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is response of the essence in Building Principal or if no response is received within one calendar week after the processing submission of grievances hereundera grievance, such aggrieved party may submit a copy of the grievance to the grievance committee of the Little Falls Teachers Association. A. Any employee may present 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 his/her immediate supervisor 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 thirty (30) five days after the occurrence presentation of the alleged appropriate appeal documents to the Superintendent's office. Such meetings shall be an attempt to resolve the grievance. Such 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 must be in writing and must state specifically that at Step 3, it may within ten days submit the grievance procedure is being invoked to an arbitrator by registered mail with a copy to the Superintendent. A mutually acceptable arbiter shall be designated by appropriate amendment to this section. In the event the parties cannot agree on an arbiter, they shall request a list of arbiters from the American Arbitration Association. The parties will then be bound by the rules and procedures of the American Arbitration Association in the selection of an arbiter. The arbiter will have authority to hold hearings and make procedural rules. The aggrieved employee, the Association and the Superintendent shall have standing to be heard at such hearings. Any of the persons having standing, as well as what specifically has been violated. B. Within ten (10) days the arbiter, may request a written transcript of such hearings. Any of the receipt persons having standing, as well as the arbiter, may request and obtain from the various parties all pertinent information not privileged by law, in their possession or control, and which is relevant to the issues raised by the grievance. All hearings held shall be closed sessions and no news releases shall be made concerning the progress of the grievancehearings. The arbiter's report shall be submitted in writing to the board, the immediate supervisor shall inform employee, and the employee of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee mayAssociation, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity his findings of fact, reasoning’s, conclusions and decisions on the grievance asserted and its disposition at Step 1issues submitted. If a representative is The arbiter shall have no power or authority to appeal on behalf make any decision which requires the commission of an act prohibited by law or which shall violate of the grievant his/her name terms of this agreement. The decisions of the arbiter shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearingfinal and binding upon all parties. The aggrieved employee and his/her representativeexpenses of the arbitration, if anyincluding the arbiter's fees, his expenses, a transcript of the hearings, etc., shall be given prior notice of shared equally by the hearing date Association and placethe Board if the Association signed the appeal to Step 4. The employee If the Association did not sign the appeal to Step 4, the expenses shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing shared equally by the BoardBoard and the aggrieved person. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it is important 1. LEVEL I - Immediate Supervisor: a. Informal: A grievance will first be discussed with the grievances be processed as rapidly as possible, grievant’s immediate supervisor with the number objective of days indicated resolving the matter informally. The grievant may have a representative present with them at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunderthis informal meeting. A. Any employee may present a grievance to his/her immediate supervisor within thirty (30) days after b. In the occurrence of the alleged grievance. Such grievance must be in writing and must state specifically event that the grievance procedure grievant is being invoked as well as what specifically has been violated. B. Within ten (10) days of not satisfied with the receipt disposition of the grievance, they may submit the claim as a formal grievance in writing to the immediate supervisor shall inform upon forms provided by the employee of District. If the decision. C. Should the employee grievant has not appeal to the next step filed a claim within ten (10) days after speaking with the immediate supervisor informally, the grievance will be deemed to have been waived. If a formal grievance has been filed, the grievant may either discuss the grievance personally or request that one representative accompany him/her. The immediate supervisor shall be considered settledwithin seven (7) days following the meeting to discuss the grievance, render their decision and the reason therefore, in writing, to the grievant. A. The aggrieved employee may2. Level II - Superintendent or their Designee: a. If the grievant is not satisfied with the disposition of the grievance at Level I, or if no decision has been rendered within ten (10) days after presentation of the receipt of an adverse decision at Step 1 levelgrievance in writing, appeal the grievant may forward the written grievance to the proper supervisor immediately below Superintendent or their designee within the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within subsequent ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearingdays. C. b. Within ten seven (107) days following the hearing, the designated supervisor shall inform the employee and/or the representative after receipt of the written decisiongrievance by the Superintendent, the Superintendent or their designee shall meet with the grievant and representative(s) in an effort to resolve the matter, and shall render a written decision to the employee within seven (7) days after this Level II meeting. D. Should 3. Level III - Board of Education: The parties to this Agreement realize that the employee Board of Education has the right and responsibility to attempt a final resolution of the grievance. If the grievant is not appeal satisfied with the disposition of the grievance at Level II, the grievant may forward the written grievance to the next step Board of Education within ten (10) days days. The decision of the grievance Board or its designated subcommittee shall be considered settled. A. The aggrieved employee may, rendered within ten twenty (1020) days of after the receipt of notification of the appeal. If both parties agree that an acceptable disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee will most likely not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, reached at the Board shall inform level this step may be omitted and the employee and/or his/her representative of its decision. The Board's decision shall be finalparties proceed to Level IV.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it is important the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should Informal (Pre-Grievance Meetings Process) - An attempt shall be made to expedite the resolve any grievance using an informal process. It The purpose of this informal process is hereby understood that time is of to encourage early communication about concerns and to facilitate open discussion about those concerns in order to attempt to reach a resolution. This process will include the essence in complainant and the processing of grievances hereunderadministrator with direct responsibility to the incident, and upon request, Association representatives and/or other District Administrators. A. Any employee may present 1. Step I - In the event the grievance is not resolved through the informal process, the grievant shall file a formal grievance to in writing with his/her immediate supervisor 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 thirty (30) 45 calendar days after from the date of the occurrence of the alleged 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 teacher, Superintendent, Associate Superintendent for Human Resources/Professional Learning, and the Association within ten (10) working days from receipt of the written grievance. Such grievance must be in writing and must state specifically that The response shall include the reasons for the decision. 2. Step II – If the grievance procedure is being invoked as well as what specifically has been violatednot resolved at Step I, the grievant shall file within ten (10) working days of the Step I response, a copy of the grievance with the Superintendent and the Associate Superintendent for Human Resources/ Professional Learning who shall hold a meeting with the grievant and Association representative within ten (10) working days from the date of receipt of the Step II appeal. The Associate Superintendent for Human Resources/Professional Learning shall issue a written determination to the grievant within ten (10) working days after the Step II meeting. This answer shall include the reasons for the decision. B. 3. Step III - In the event a grievance has not been satisfactorily resolved at the second step, the grievant shall file within ten (10) working days of the supervisor's written decision and reason(s) at the second step, a copy of the Grievance with the Superintendent. Within ten (10) working days after such written grievance is filed, the Superintendent, or designee, shall hold a meeting with the grievant and the Association representative. 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 receipt of the grievancehearing, the immediate supervisor Superintendent shall inform the employee of the decision. C. Should the employee not appeal to the next step within have ten (10) working days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal in which to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of provide the written decision. D. Should the employee not appeal , with reasons, to the next step within ten (10) days grievant and the grievance shall be considered settledAssociation. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it is important the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present a grievance to The bargaining unit member will discuss orally with his/her immediate supervisor within thirty (30) days after the occurrence of the alleged grievance. Such grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. If the grievance is not resolved by the oral discussion, the unit member or his/her association representative will reduce the grievance to writing and present it to the immediate supervisor within ten (10) working days following the occurrence giving rise to the grievance. The immediate supervisor will respond in writing within five (5) working days after receipt of the written grievance. Step 2 Any grievance not resolved in Step 1 shall be presented in writing, signed by the aggrieved party or his/her representative, and presented to the next appropriate higher level of supervision within ten (10) regular workdays following the occurrence giving rise to the grievance. Within five (5) workdays after receipt of the written grievance, this supervisor shall meet with the employee, Unit President or designee and shall, within five (5) workdays after the meeting, provide a written answer to the employee with a copy to the Unit President. Any grievance not resolved in Step 2 shall be presented to the Superintendent or designee within three (3) workdays of the receipt of the Step 2 answer. Within ten (10) days of workdays after the receipt of the grievance, the immediate supervisor Superintendent or designee shall inform meet with the employee grievant or his/her designee and the Field Representative. A written answer shall be provided by the Superintendent or designee within five (5) workdays of the decision. C. Should Step 3 meeting. Upon mutual agreement of the employee not appeal Association and the District, any grievance affecting the entire unit or bargaining unit members in more than one building may be filed directly to the next step Superintendent or designee within ten (10) days regular workdays following the grievance shall be considered settledoccurrence giving rise to the grievance. A. The aggrieved If the grievance is not resolved in Step 3, the employee with the approval of the Executive Committee of the Association, may, within ten thirty (1030) days of from the receipt of an adverse decision at the Step 1 level3 answer, appeal submit the grievance to the proper supervisor immediately below the Superintendent. The appeal shall be American Arbitration Association for arbitration in writing on the proper form and shall set forth accordance with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaintvoluntary labor arbitration rules. B. Within ten (10) days The fees and expenses of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, arbitrator shall be given prior notice of shared equally by the hearing date and placeparties. The employee Each party shall be relieved of his/her responsibilitiesresponsible for its own expenses for preparation, if necessarylegal counsel, without the loss of salaryrecords, for the purpose of attending the hearingwitnesses, and other costs necessary to arbitration. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative The decision of the written decisionarbitrator shall be final and binding on all parties. D. Should the employee not appeal to the next step within ten (10) days 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 considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification deemed that there has been a waiver of the disposition of right to arbitration and the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance matter shall be considered settledclosed. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it A. In the event that a grievant believes there is important the grievances be processed as rapidly as possiblea basis for a grievance, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite grievant may first discuss the process. It is hereby understood that time is of the essence in the processing of grievances hereunderalleged grievance with his/her principal or other appropriate supervisor either personally or accompanied by his/her Association representative. A. B. Any employee may present a grievance to his/her immediate supervisor within thirty (30) days after grievance to the occurrence District and have such grievance adjusted without the intervention of the alleged grievanceAssociation, as long as the Association has been given an opportunity to be present at that adjustment and to make its views known, and as long as the adjustment is not inconsistent with the terms of this Agreement. C. If the grievance is not resolved in A or B above, formal grievance procedures may be instituted. STEP 1. Such The grievant may invoke the formal grievance procedure through the Association on the grievance form which will be available from the Association representative in each building. A copy of the grievance form shall be delivered to the principal or appropriate supervisor. If the grievance involves more than one (1) school building, it may be filed with the Superintendent or a representative designated by the Superintendent. A grievance must be in writing and must state specifically that filed within twenty (20) days of the occurrence or knowledge of the event of which he/she complains. STEP 2. If the grievant is not satisfied with the disposition of the grievance, the grievance procedure is being invoked as well as what specifically has been violated. B. shall be transmitted to the Superintendent within five (5) days. Within ten (10) days upon receipt the STEP 3. If the grievant is not satisfied with the disposition of the receipt of grievance by the grievancesuperintendent, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days transmitted to the Chairman of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the SuperintendentSchool Board within five (5) days. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of upon receipt of said appeal the designated supervisor Board shall conduct a hearing. The aggrieved employee meet with the grievant and his/her representativeAssociation representative on the grievance and shall indicate the disposition of the grievance in writing within five (5) days of such meeting, if anyand shall furnish a copy thereof to the grievant(s) and to the Association. STEP 4. If the grievant is not satisfied with the disposition of the grievance by the Board, the grievance, only at the option of the Association, may be submitted before an impartial arbitrator. The Association shall be given prior exercise its rights of arbitration by giving the Superintendent written notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal its intention to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, arbitrate within ten (10) days of receipt of notification of the written disposition of the grievance under Step 2, appeal Board. If the decision parties cannot agree to the Superintendent of Schools. B. Within fifteen arbitrator within five (155) days from the notification date that arbitration will be pursued, the arbitrator shall be selected by the American Arbitration Association in accordance with its rules, which rules shall likewise govern the arbitration proceeding. The parties shall not be permitted to assert in such arbitration proceeding any ground rule or to rely on any evidence not presented at an earlier step. The decision of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance arbitrator shall be considered settledfinal and binding upon both parties. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it is important the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every STEP 1: Every effort should shall be made to expedite resolve grievances through free and informal communication between the process. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present a grievance to grievant and his/her immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment to the grievance, grievant may proceed to STEP 2. STEP 2: The grievant, or at his/her request the Association on his/her behalf, may submit an executed Grievance Review request form to the grievant’s immediate administrative supervisor who shall arrange for a meeting to take place within thirty seven (307) days after the occurrence receipt of the alleged form. The grievant, his/her immediate supervisor, and representative of the Association, unless the Association waives its right to have its representative present shall attend the meeting. In addition, both the supervisor and the grievant may have present others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. Such grievance must be in writing The supervisor shall provide the grievant and must state specifically that the Association with a written response to the Grievance Review within seven (7) calendar days after the meeting. STEP 3: If the grievance procedure is being invoked as well as what specifically has been violated. B. Within not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or at his/her request the Association acting on his/her behalf, may refer the grievance to the Superintendent no later than ten (10) calendar days after receiving it’s written response in Step 2. The Superintendent shall arrange to meet with the grievant and with representative(s) of the receipt of Association unless the grievance, Association waives its right to have representative(s) attend the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee maymeeting, within ten (10) calendar days after the grievance has been referred to him/her. Both the Superintendent and the grievant may have others present who might contribute to an acceptable adjustment if the grievance. The Superintendent shall provide his written decision concerning the grievance and any adjustment of the receipt of an adverse decision at Step 1 level, appeal it to the proper supervisor immediately below grievant and the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step Association within ten (10) calendar days after the grievance shall be considered settledmeeting. A. The aggrieved employee may, within ten (10) days of receipt of notification If the grievance does not involve the interpretation or application of the disposition terms of the grievance under Step 2Agreement, appeal and if the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee grievant is not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of satisfied with the disposition of his/her grievance under Step at STEP 3; or if the Superintendent has not provided a written decision within the time prescribed in STEP 3; then the grievant, or his/her requested Association acting on his/her behalf, may request a hearing by meeting with the Board. B. Within . IF a request for a meeting with the Board is not delivered to the Superintendent within thirty (30) calendar days after the meeting prescribed in STEP 3 is held, the grievance shall be deemed withdrawn. The Board or hearing officer appointed by it shall meet within ten (10) calendar days of after a written request for meeting with the hearing before the Board, the Board shall inform the employee grievant and/or his/her representative of its decision. The Board's decision shall be final.with representative(s) of

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it is important the grievances Grievances shall be processed as rapidly as possible, the . The number of days indicated at stated in each level should step shall be considered maximum. All time limits shall consist of employee workdays. A grievance shall be handled as maximum and every effort should follows: Step 1 An attempt shall be made to expedite resolve any grievance by informal discussion between the processgrievant involved and his or her building principal. It is hereby understood that Such discussion shall be held at a time is of agreeable to the essence in grievant and the processing of grievances hereunderprincipal. A. Any employee Step 2 If the grievance cannot be solved with Step 1, the grievant may present file a grievance to his/her immediate supervisor within thirty (30) days after in writing with the occurrence of the alleged grievancebuilding principal. Such grievance must shall be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step filed within ten (10) days after the date of occurrence of the fact(s) upon which the grievance shall be considered settled. A. The aggrieved employee mayis based, or within ten (10) days of knowledge of the receipt occurrence of an adverse the fact(s) upon which the grievance is based. The written grievance shall state the nature of the grievance, the provision(s) of the Agreement the District has allegedly violated, and the relief sought. Within five (5) days after such written grievance is filed, the aggrieved and the principal or their administrators who have the authority to make a decision at Step 1 levelon the grievance shall meet to resolve the grievance. Within five (5) days after such a meeting, appeal the grievant shall receive a written answer to the proper supervisor immediately below grievance which shall explain the Superintendentreason for the decision on the grievance. The In the event the grievance has not been satisfactorily resolved in Step 2 or if the Step 2 time limits expire without the issuance of a reply, the aggrieved may file a written appeal of such grievance with the Superintendent of the District by giving written notice of such appeal within five (5) days of Step 2 answer or expiration of the time limit for the Step 2 answer. A copy of such appeal shall also be in writing on filed with the proper form and shall set forth with specificity administrator who prepared the grievance asserted and its disposition at Step 12 answer. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said after such appeal is filed, the designated supervisor shall conduct a hearing. The aggrieved employee and his/her an Association representative, if any, and the Superintendent or their designee shall be given prior notice of meet to resolve the hearing date and placegrievance. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten five (105) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendentafter such meeting, the Superintendent or their designee shall inform give the employee and/or the representative of the decision. C. Should the employee not appeal aggrieved written answer to the next step within ten (10) days the grievance shall be considered settledgrievance. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it is important the grievances be processed as rapidly as possible, the number of A. Within twenty (20) days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is following occurrence or first knowledge of the essence in act or condition which is the processing of grievances hereunder. A. Any employee may present a grievance to his/her immediate supervisor within thirty (30) days after the occurrence of the alleged grievance. Such grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt basis of the grievance, the grievant may file a grievance under Step One of the procedure, or such grievance shall be deemed to 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 the matter informally. If the grievant is not satisfied with the informal disposition, she/he may file a written grievance with her/his principal or immediate supervisor within five (5) days following the informal discussion. The principal or immediate supervisor shall inform the employee give her/his written decision within five (5) days following receipt of the decisionwritten grievance. C. Should Step Two: Within five (5) days following receipt of the employee not principal's or immediate supervisor's decision, the grievant may submit a written appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendenthuman resources administrator or her/his designee. The appeal shall be in writing on include a copy of the proper form and shall set forth with specificity the grievance asserted and its disposition decision rendered at Step 1One. If a representative is to appeal on behalf Written notice of the grievant histime and place of a hearing before the human resources administrator or her/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, his designee shall be given to the grievant at least three (3) days prior notice to the hearing, which shall be held within seven (7) days following receipt of the hearing date and placeappeal by the human resources administrator or her/his designee. The employee human resources administrator or her/his designee shall be relieved of hisgive her/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten his written decision within five (105) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should Step Three: Within five (5) days following receipt of the employee not human resources administrator or her/his designee's decision, the grievant may submit a written appeal to the next step within ten (10) days the grievance superintendent’s designee. The appeal shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification include a copy of the disposition decision rendered at Steps One and Two. Written notice of the grievance under Step 2, appeal the decision to the Superintendent time and place of Schools. B. Within fifteen (15) days of the a hearing before the Superintendent, the Superintendent superintendent’s designee shall inform the employee and/or the representative of the decision. C. Should the employee not appeal be given to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.grievant at least three

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it is important 1. A grievant, accompanied by an MFP representative if grievant desires, shall first discuss the grievances be processed problem with the school official serving as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present a grievance to his/her immediate supervisor within thirty superior (30) days after coordinator, supervisor, or principal). If the occurrence of the alleged grievance. Such grievance must be in writing and must state specifically that the grievance procedure matter is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal resolved to the next step grievant's satisfaction within ten fifteen (1015) days the grievance grievant shall be considered settled. A. The aggrieved employee may, submit it in writing within ten fifteen (1015) days thereafter to such immediate superior above for a satisfactory adjustment. The written grievance statement shall include a statement of facts, the specific article of the receipt of an adverse decision at Step 1 levelagreement violated (where applicable), appeal to and the proper supervisor immediately below the Superintendentremedy sought. The appeal shall be in writing on the proper form and shall set forth Such immediate superior may request a meeting with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant and an MFP representative prior to making a decision, but in any event must render his/her name shall be designated decision in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representativewriting, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal with copies to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision grievant and to the Superintendent of Schools. B. Within MFP within fifteen (15) days of the hearing before submission to his/her immediate supervisor by the Superintendent, the Superintendent shall inform the employee and/or the representative of the decisiongrievant. C. Should 2. Failing satisfactory settlement within such time the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee grievant may, within ten fifteen (1015) days, appeal in writing to the Superintendent or a designated representative, and such writing shall set forth specifically the act or condition on which the grievance was based on the first step above and the grounds upon which the appeal is based. 3. The Superintendent and/or a representative shall meet with the grievant, and an MFP representative, if grievant desires, within fifteen (15) days of the receipt of notification such appeal, and shall give a decision in writing to the grievant and to the MFP within fifteen (15) days of the receipt of such meeting. 4. If the aggrieved person is not satisfied with the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten Superintendent/designee, he/she may submit the grievance to the Board of Education. Such submission must be in writing and received by the Board within fifteen (1015) days from the date of the hearing before decision of the Board, the Board shall inform the employee and/or hisSuperintendent/her representative of its decisiondesignee. The Board's Board of Education will hear the grievance within fifteen (15) days after receiving the written grievance and will render a written decision shall be finalwithin fifteen (15) days.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it is important the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should 1. An attempt may be made to expedite resolve any grievance in an informal verbal discussion between the processcomplainant, the administrator whose actions are being grieved, and the appropriate administrator if s/he deems it appropriate. If requested by the allegedly aggrieved employee, an association representative may participate in this informal discussion. 2. First Step: If a grievance cannot be resolved informally, the aggrieved shall file the grievance, in writing, with the appropriate administrator. The written grievance should state the nature of the grievance, should note the specific clause or clauses of this Agreement that have been violated, misinterpreted or misapplied, and should state the remedy requested. Filing of a grievance at the first step must be within ten (10) days from the date of the occurrence of the event giving rise to the grievance or ten (10) days from the time when such event might reasonably have been ascertained to have occurred. Within five (5) days after the appropriate administrator receives the grievance, the appropriate administrator shall discuss the matter with the aggrieved at a mutually agreeable time. The appropriate administrator or other administrator who has authority to make a decision on the grievance shall make such decision and communicate it, in writing, to the employee and the superintendent with five (5) days following the meeting between the appropriate administrator and the aggrieved. 3. Second Step: In the event a grievance has not been satisfactorily resolved at the first step, the aggrieved shall file, within five (5) days of the appropriate administrator’s written decision, a copy of the grievance with the superintendent. Within seven (7) days after the written grievance is filed, the aggrieved, the representative of the aggrieved if desired, the appropriate administrator, and the superintendent or his/her designee shall meet to resolve the grievance. The superintendent or his/her designee shall file an answer within seven (7) days of the second step grievance meeting and communicate it in writing to the employee, the appropriate administrator, and the Association. It is hereby understood that time class or general grievances involving one or more employees or one or more administrators and/or grievances involving an administrator above building level may be initially filed by the Association at this second step. 4. Third Step: If the grievance is not resolved at the second step, the grievance shall be submitted to the secretary of the essence Board within five (5) days of the filing of the second step answer. The aggrieved, acting independently or through the Association, shall meet with the Board at a time determined by the Board but in no event later than thirty (30) calendar days after the processing submission of grievances hereunder. A. Any employee the grievance to the third step. At this meeting between the grievant and the Board, the grievant may present a grievance to his/her immediate supervisor written brief and/or oral argument and call witnesses as designated in the initial filing of the grievance. The hearing may be conducted by the full Board or by a subcommittee of the Board as the Board may designate. The Board shall submit its answer within seven (7) days of the meeting. 5. Fourth Step: If the Board’s answer does not resolve the grievance, the Association may file a request for arbitration within thirty (30) days after the occurrence of the alleged grievance. Such grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) calendar days of the receipt of the Board’s answer. Only the Association may request arbitration. It is understood and agreed that grievances involving interpretation and application of provision(s) of this Agreement that have been processed through the preceding steps of this procedure and only such grievances shall be submitted to arbitration as provided below: a. The arbitration proceeding shall be conducted by an arbitrator to be selected by the two Parties within five (5) days after the Association’s request for arbitration is submitted to the Board. In the event the Parties are unable to agree upon an arbitrator, the Parties shall immediately jointly request the American Arbitration Association to submit a panel of arbitrators pursuant to the voluntary labor rules of said Association. b. The decision of the arbitrator regarding a grievance, on the immediate supervisor current contract only, shall inform be final and binding on both Parties. Binding arbitration shall mean the employee hearing and determination of a case in controversy by a person chosen by the decisionParties. C. Should c. Expenses for the employee not appeal arbitrator’s services and the expenses that are common to both parties to the next step within ten (10) days the grievance arbitration shall be considered settledborne equally by the Board and the Association. Each party to an arbitration proceeding shall be responsible for compensating its own representatives and witnesses. A. d. The aggrieved employee mayarbitrator, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name opinion, shall not amend, modify, nullify, ignore, or add to the provisions of this Agreement. His/her authority shall be designated strictly limited to deciding only the issue or issues presented to him/her in writing by the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal Board and the designated supervisor shall conduct a hearing. The aggrieved employee Association and his/her representative, if any, shall decision must be given prior notice based on express relevant language of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearingAgreement. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 1 contract

Samples: Professional Negotiation Agreement

Procedures. Since it is important Level 1: Principal or immediate supervisor (Informal). An employee with a grievance shall first discuss the grievances grievance with the principal or immediate supervisor, with the object of resolving the matter informally. Level 2: Principal or immediate supervisor (Formal). If the grievance cannot be processed as rapidly as possibleresolved informally, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee grievant may present a grievance to his/her immediate supervisor within thirty (30) days after the occurrence of the alleged grievance. Such grievance must be in writing and must state specifically that file the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of in writing, with the receipt building principal or immediate supervisor. The written grievance shall state the nature of the grievance, the specific provisions of the Agreement allegedly violated, and the relief requested. The filing of the formal, written grievance at level two must be within twenty (20) days from the date of occurrence of the event giving rise to the grievance or from the date when the grievant could reasonably have become aware of such occurrence. The building principal or immediate supervisor shall inform make a decision on the grievance and communicate it in writing to the employee of and the decision. C. Should the employee not appeal to the next step Union within ten (10) days after receipt of the grievance, provided at the request of the building principal or immediate supervisor, a meeting shall be held with the grievant to discuss such grievance, in which event the building principal or immediate supervisor shall have additional time to respond. Such additional time shall not exceed fifteen (15) days from receipt of the grievance or ten (10) days from the date of the meeting, if held, whichever shall be considered settled. A. The aggrieved employee maythe 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 receipt of an adverse principal's or immediate supervisor's written decision at Step 1 the second level, appeal 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 Executive Director of Human Resources or designee shall meet to consider the proper supervisor immediately below the Superintendentgrievance. The appeal Executive Director of Human Resources or designee shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, file an answer within ten (10) days of such meeting and communicate it in writing to the employee and the Union. Level 4: If the grievance is not resolved satisfactorily at level three, the grievance may be submitted to impartial, binding arbitration. To enter such arbitration, the Union shall submit a written request on behalf of the Union and the grieving employee(s) to the Executive Director of Human Resources or designee within thirty (30) days from receipt of notification 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) arbitrators, from which a selection shall be made in accordance with these practices: The Union shall request a list of five (5) arbitrators from the Public Employment Relations Board. The arbitrator shall be selected by the two parties using an alternating strike-through process, with the first strike-through determined by a coin toss and repeating the process until one arbitrator remains. The costs for the services of the disposition of arbitrator, and the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days cost of the hearing before room shall be borne equally by the Superintendentschool 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 Superintendent shall inform party requesting the employee and/or the representative copy of the decision. C. Should the employee 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 appeal to the next step within ten later than twenty (1020) days from the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days date of the receipt of notification close of the disposition of hearing(s) unless mutually extended by both the District and the Union. The arbitrator, in his/her grievance under Step 3decision, request a hearing by shall not amend, modify, nullify, ignore or add to the Board. B. Within ten (10) days provisions of the hearing before Agreement. His/her authority shall be strictly limited to deciding only the Boardissue or issues presented to him/her, the Board shall inform the employee and/or and his/her representative decision must be based solely and only upon his/her interpretation of its decisionthe meaning or application of the expressed relevant language of the Agreement. The Board's decision of the arbitrator shall be finalfinal and binding on the parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it If a teacher or the Association feels that there is important the grievances be processed as rapidly as possiblea grievance, the number of days indicated at each level should be considered as maximum and every effort should be made teacher or Association Representative shall first discuss the matter with the principal or other appropriate administrator. The teacher shall have the right to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present a grievance to have his/her immediate supervisor Association Representative assist him/her in efforts to resolve the problem informally. 1. 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 after following the occurrence of the alleged grievance. Such grievance must be in writing and must state specifically that act or conditions on which the grievance procedure is being invoked based, present his/her claim as well as what specifically has been violateda formal grievance to his/her principal or supervisor. B. Within b. The principal or supervisor shall, within ten (10) days of days, render his/her decision in writing to the receipt of the grievance, the immediate supervisor shall inform the employee of the decisiongrievant. C. Should 2. Level Two - Superintendent of Schools or Designee a. If the employee grievant is not appeal to satisfied with the next step 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 grievance shall be considered settleddecision at Level One. A. b. The aggrieved employee maySuperintendent or Designee shall, within ten (10) days after receipt of the receipt of an adverse decision at Step 1 levelreferral, appeal to meet with the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form grievant and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, Association’s Grievance Committee for the purpose of attending resolving the hearinggrievance. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. c. The aggrieved employee maySuperintendent or Designee shall, within ten (10) days after the hearing, render his/her decision in writing to the grievant with a copy to the Association’s Grievance Committee Chairperson. 3. Level Three - Board of receipt of notification of Education a. If the grievant is not satisfied with the disposition of his/her grievance at Level Two, he/she may file the grievance under Step 2, appeal with the decision to the Superintendent Board of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step Education within ten (10) days following receipt of the grievance shall be considered settledLevel Two decision. A. The aggrieved employee mayb. A committee of no less than three members of the Board of Education shall, within ten (10) days after receipt of the receipt of notification appeal, meet with the grievant and with the representatives of the disposition Association for the purpose of his/her grievance under Step 3reviewing the grievance. The meeting shall be public or private, request a hearing at the option of the grievant, to the extent permitted by the Boardlaw. B. Within c. The Board shall, within ten (10) days after such meeting, render its decision in writing to the grievant with a copy to the Association’s Grievance Chairperson. 4. Level Four – Arbitration Individual teachers shall not have the right to process grievances at Level Four. If a satisfactory disposition of the hearing before grievance is not made as a result of the Boardmeeting provided for in Level Three above, the Association shall have the right to appeal the dispute to an impartial arbitrator under and in accordance with the rules of the American Arbitration Association. Such appeal must be taken within twenty (20) days from the date of receipt of the decision following the meeting provided for in Level Three above. Upon filing with the American Arbitration Association, the HEA and the Board shall inform may agree to process the employee and/or his/her representative of its decision. The Board's decision shall be finalcase under the Expedited Labor Arbitration Rules.

Appears in 1 contract

Samples: Master Agreement

Procedures. Since The parties hereby acknowledge that it is important usually most desirable for an employee and the grievances employee's immediately involved supervisor to resolve problems through free and informal communications. If, however, the informal process fails to satisfy the grievant, a grievance may be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the processfollows: 1. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present a grievance to his/her immediate supervisor within Within thirty (30) days after the occurrence of the alleged date that the grievant becomes aware of the event giving rise to the grievance, the grievant shall present the grievance in writing to the Principal stating the nature of the grievance, the provision(s) of the Agreement that have been violated, and the remedy sought. The Principal shall arrange for a meeting to take place within ten (10) days after receiving the written grievance, for the purpose of resolving the grievance. Such grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievancemeeting, the immediate supervisor principal shall inform notify the employee of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be grievant in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should 2. If the employee grievance is not appeal resolved at Step 1, the grievant may submit the grievance to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, Superintendent within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Principal's decision. The Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal arrange for a meeting to the next step take place within ten (10) days after receiving the grievance written grievance. Each party shall be considered settled. A. The aggrieved employee may, within ten (10) days of have the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) days of the hearing before meeting, the BoardSuperintendent shall notify the grievant in writing of his/her decision. 3. If the grievance is not resolved at Step 2, the grievant may submit it to the Board within ten (10) days of receipt of the Superintendent's decision. At its next meeting following receipt of the written grievance, the Board may hear the grievance, each party to the grievance shall inform have the employee and/or his/her representative right to include in its presentation to the Board such representatives, witnesses, counselors and evidence as it deems necessary. The Board shall notify the grievant in writing of its decisiondecision on the grievance not later than ten (10) days after its next meeting following the grievance hearing. 4. If the Association is not satisfied with the disposition of the grievance at Step 3, or the time limits expire without the issuance of the Board's reply, the Association, with the approval of the grievant may submit the grievance to final and binding arbitration through the American Arbitration Association, which shall act as administrator of the proceedings. The Board's decision parties may mutually agree upon another source or agency to provide an arbitrator. If a demand for arbitration is not filed within thirty (30) days of the receipt of the Step 3 decision, then the grievance shall be finaldeemed withdrawn. a. The arbitrator, in his opinion, shall not amend, modify, nullify, ignore or add to the provisions of the Agreement. His authority shall be strictly limited to deciding only the issue or issues presented to him in writing by the Board and the Association, and his decision must be based solely upon the express relevant language of the Agreement. b. Each party shall bear the full costs for its representation in the arbitration. The cost of the arbitrator and the AAA or other administrative agency shall be borne equally by the parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it Step 1 - A written grievance will be submitted by a Teaching Assistant, Special Education Aide or the Association to the appropriate building principal. Where a Teaching Assistant is important the grievances be processed as rapidly as possibleassigned to more than one school, the number of days indicated grievance will be submitted to the appropriate supervisor. The parties will attempt to resolve the grievance at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunderthis level. A. Any employee may present a Step 2 - If agreement is not reached at Step 1, the grievant will reduce the grievance to his/her immediate supervisor writing and submit same to the parties to whom the informal grievance was submitted in Step 1. The writing will include the provision of this Agreement involved, the time when and the place where the alleged events or conditions constituting the grievance arose and the proposed remedy sought. The party to whom the written grievance is submitted will respond in writing within thirty (30) five school days after the occurrence of the alleged grievance. Such grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievance. Step 3 - If the grievant is not satisfied with the response received at Step 2 or if no response is received within five school days, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee grievant may, within ten (10) five school days of the receipt of an adverse decision at Step 1 levelthereafter, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If submit a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved copy of his/her responsibilitieswritten grievance, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under together with any response received at Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days . The Superintendent of Schools, or his/her designee, will make a determination in regard to the hearing before grievant within 10 school days. In the Superintendentcourse of deciding the grievance, the Superintendent shall inform the employee and/or the representative of the decisionSchools, or his/her designee, may hold meetings or conferences as he deems necessary. C. Should Step 4 - If the employee grievant is not appeal to satisfied with the next step within ten (10) days response received at Step 3, the grievance shall be considered settled. A. The aggrieved employee grievant, may, within ten (10) days of the receipt of notification of the disposition five school days, submit a copy of his/her written grievance, together with all responses received at previous Steps, to the Board of Education. The Board of Education will make a determination in regard to the grievance under Step 3, request a hearing by and transmit its written decision thereon to the Board. B. Within ten (10) days grievant within 10school days. In the course of deciding the hearing before the Boardgrievance, the Board shall inform of Education may hold meetings, conferences or hearings as it deems necessary. Step 5 - 1. If the employee and/or his/her representative grievant is not satisfied with the determination of its decisionthe Board of Education, the grievant may, within 10working days after receipt of the determination, seek arbitration pursuant to the Voluntary Labor Arbitration Rules of the American Arbitration Association and the provisions of the Civil Procedure Law and Rules. The Board's decision shall cost of any arbitration will be finalborne equally by the District and the Association.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it is important Any administrator shall have the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made right to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present a grievance to his/her grievance through the steps described in the following paragraphs with assured freedom from restraint, interference, coercion, discrimination or reprisal and shall be entitled to appear at the appeal level. 1. Any administrator who has a grievance shall first orally advise his or her immediate supervisor of its existence within thirty twenty (3020) calendar days after its occurrence. The supervisor shall meet with the occurrence administrator within fourteen (14) calendar days in an attempt to resolve the grievance at this level. Within fourteen (14) calendar days after discussion, the supervisor shall orally make known his or her decision to the administrator. 2. If the grievance is not resolved to the satisfaction of the alleged grievanceadministrator at the level of Step 1, the administrator may appeal, within seven (7) calendar days, to the Superintendent of Schools in a written statement setting forth specific details and specific grounds on which the grievance is based and attaching all pertinent documents. Such The Superintendent shall confer with the parties concerned together or separately within seven (7) calendar days. The Superintendent shall render a decision within fourteen (14) calendar days of such occurrence. A written statement of the decision and the supporting reasons shall be sent to the aggrieved and the supervisor. 3. If the grievance must is not resolved at Step 2 to the satisfaction of the administrator, said administrator may request a review by the Board of Education. This request shall be made in writing through the Superintendent of Schools, who shall attach all related documents and must state specifically that forward the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal request to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the SuperintendentBoard. The appeal Board shall be review the case, shall hold a hearing with the administrator, if requested by the administrator, and shall render a decision in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten within twenty-one (1021) calendar days of receipt of said appeal the designated supervisor shall conduct grievance by the Board at a hearingregular or special meeting. The aggrieved employee and his/her representative, if any, Copies of the decision of the Board shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal sent to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision and to the Superintendent of Schools. B. Within fifteen (15) days 4. A grievance which remains unresolved to the satisfaction of the hearing before Association after the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal Board has rendered its decision may be submitted to the next step arbitration within ten (10) calendar days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days following receipt of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its ’s decision. The Board's arbitrator shall be chosen from a list of names provided by the New Jersey Public Employment Relations Commission. Arbitration shall begin as quickly as possible, depending upon the availability of an arbitrator. Copies of the arbitrator’s binding decision shall be finalsent to: (1) the aggrieved; (2) the Board; (3) the Superintendent of Schools; and (4) the Association. 5. The arbitrator shall be limited to the issues submitted to him by the parties and shall be without power or authority to alter, amend or modify the terms of this Agreement. In addition, the arbitrator shall be without power or authority to make any decision which requires the commission of acts prohibited by law or which violates the terms of this Agreement. In formulating his decision, the arbitrator shall adhere to the statutory law of New Jersey and to pertinent decisions of the Commissioner of Education, the State Board of Education and the Courts. 6. The cost for the services of the arbitrator including per diem expenses, if any, and the actual and necessary travel and subsistence expenses shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it is important the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the processA. Step 1 1. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any An employee may present having a grievance to his/her immediate supervisor within thirty (30) days after the occurrence of the alleged grievance. Such grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days following the occurrence of the receipt of an adverse decision at Step 1 level, appeal event giving rise to the proper supervisor immediately below grievance, present the Superintendentwritten grievance to the Deputy Chief with responsibility of the employee’s area setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. The appeal Deputy Chief shall be schedule a meeting between the grievant, the grievant's designated representative, grievant's supervisor, or other appropriate individuals. The grievant shall have the right to present any evidence in writing on the proper form and shall set forth with specificity support of the grievance asserted and its disposition at Step 1this meeting. If a representative is to appeal on behalf the meeting does not result in resolution of the grievant his/her name shall be grievance, the Deputy Chief will proceed with processing the grievance and issuing a written decision, stating the reasons thereof to the grievant's designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within PBA representative within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative receipt of the written decision. D. Should grievance, or the employee not appeal meeting scheduled pursuant to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee maythis paragraph, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2whichever is later, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendentunless an extension has been granted. If an extension was granted, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be finalissued by the agreed upon date. A copy of the decision shall be sent to the grievant and to the PBA if grievant elected not to be represented by the PBA. The decision shall be transmitted by personal delivery with written documentation of receipt or by certified mail, return receipt requested. 2. Where practicable, the Deputy Chief shall make available to the grievant or grievant's designated representative, documentation referenced in the Step 1 decision prior to its issuance. All documents referred to in the decision and any additional documents presented by the grievant shall be attached to the decision, together with a list of these documents. In advance of the Step 1 meeting, the grievant shall have the right, upon written request, to a copy of documents identified as relevant to the grievance. 3. In the absence of an agreement to extend the period for issuing the Step 1 decision, the grievant may proceed to Step 2 if the grievant or grievant's designated representative, as applicable, has not received the written decision by the end of the 10th day following the Deputy Chief’s receipt of the grievance, or the meeting scheduled pursuant to Section 15.2.A.1 above, whichever is later.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it A. Level 1 - The bargaining unit member is important the encouraged to resolve alleged grievances be processed as rapidly as possiblethrough oral settlement. If, however, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It oral settlement is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present not satisfactory, a grievance to his/her immediate supervisor within thirty (30) days after the occurrence of the alleged grievance. Such grievance must may be filed in writing and must state specifically that on the grievance procedure is being invoked as well as what specifically has been violated. B. Within Grievance Report Form with the building principal within ten (10) school days of the time of its inception. The building principal shall meet with the grievant within five (5) school days after receipt of the grievance form and shall reply to the grievance in writing within three (3) school days of such meeting. B. Level 2 - Within five (5) school days of the receipt of such response a grievant may appeal the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal decision to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the District Superintendent. The appeal shall be in writing on the proper form grievance form. A copy of the appeal shall be given to the principal. The grievant shall supply the original grievance and a copy of the Level I disposition report with his appeal. The District Superintendent shall meet with the grievant at a mutually agreed time within five (5) school days of the receipt of the grievance form. A disposition report (Level 2) by the Superintendent shall be issued within five (5) school days of the meeting. C. Level 3 - Within five (5) school days of the receipt of the District Superintendent's report a grievant may appeal his decision to the Board of Education. The Board of Education shall set forth a date, time and place for a hearing on such appeal to be held within fifteen (15) school days of the receipt of the appeal form. Five (5) school days written notice shall be given to the grievant. The grievant must be present at the hearing. All hearings may be continued from time to time as determined by mutual agreement of the parties concerned. All hearings shall be concluded within a period of sixty (60) school days. At the discretion of the Board the hearing may be held before the Board as a whole or before a committee of the Board. The Board shall render a written decision within fifteen (15) school days of such final hearing. The Board may designate a committee or representative to meet with specificity the grievance asserted and its disposition at Step 1grievant to discuss such decision. If the grievant has been heard by a representative is to appeal on behalf committee of the Board, and the grievant his/her name is not satisfied with the decision rendered by the Board, the grievant may, within three (3) school days of the receipt of such decision request a review of the decision (but not a further hearing) by the entire Board. This review must take place within twenty (20) school days and the final decision of the Board affirming, reversing, or modifying its prior decision shall be designated given in writing to the written appeal or initial complaintgrievant within that time. B. D. Level 4 - Within ten (10) school days after the conclusion of receipt Level 3, the Association may, after notice to the Board in writing, refer the grievance to binding arbitration as provided in Section 903 of said appeal the designated supervisor Public Employee Relations Act, Act 195, and the procedures set forth in Act 195 or in the regulations of the Pennsylvania Labor Relations Board shall conduct a hearingthereafter control. Both parties will request that the decision of the arbitrator be in writing and set forth his or her findings of fact, reasoning and conclusions on the issues submitted. The aggrieved employee and his/her representative, if any, decision of the arbitrator shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before binding upon the Board, the Board NHSEA and the grievant. Each case shall inform be considered on its merits and the employee and/or his/her representative of its decision. The Board's collective bargaining agreement shall constitute the basis on which the decision shall be finalrendered. The arbitrator shall be without jurisdiction to render an award contrary to law or to add to, modify, vary, change or remove any term of this Agreement.

Appears in 1 contract

Samples: Professional Staff Contract

Procedures. Since A. Step One (Informal): The parties acknowledge that it is important most desirable for an administrator and the grievances be processed as rapidly as possibleBoard to resolve problems through free and informal communication. When requested by either party, the number of days indicated at each level should be considered as maximum and every effort should be made Association may intervene to expedite the processassist in this resolution. It is hereby understood that time is the responsibility of the essence in grievant to schedule a Step One meeting with the processing of grievances hereunder. A. Any employee may present a grievance to superintendent or his/her immediate supervisor designated representative, and it is the superintendent’s or his/her designated representative’s responsibility to hold such a meeting within thirty (30) days after the occurrence of the alleged grievance. Such grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee workday period referenced herein. If such a meeting is not appeal to the next step held within ten (10) days workdays of the alleged violation of this Agreement, a written grievance may not be submitted pursuant to Step Two and the involved grievance shall be considered settled. A. deemed abandoned. However, should such Step One meeting fail to satisfy the Board and the administrator, then a grievance may be processed as follows: Step Two. The aggrieved employee may, administrator may reduce the grievance to writing on a grievance form provided by the Board and present the grievance to the Superintendent for a written answer. The written grievance shall be filed within ten (10) days workdays of the receipt of an adverse decision at Step 1 levelalleged violation. It shall name the employee(s) involved, appeal shall state the facts giving rise to the proper supervisor immediately below grievance, 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. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant , or his/her name designated representative, and the administrator and Association. The Superintendent or his/her designated representative, shall be designated give the employee an answer in the written appeal or initial complaint. B. Within writing no later than ten (10) days workdays after the grievance hearing referenced above. B. All claims for back wages shall be limited to the amount of receipt of said appeal wages that the designated supervisor shall conduct a hearing. The aggrieved employee and would otherwise have earned at his/her representativeregular rate, if anyless 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, unless such case has been designated as a representative case by mutual written agreement by the parties. C. Any grievance occurring during the period between the termination date of this Agreement and the effective date of a new Agreement shall not be given processed. Any grievance which arose prior notice to the effective date of the hearing date Agreement shall not be processed. D. Any agreement reached between the Board and place. 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 shall be relieved for any alleged breach of this Agreement or any alleged violation of his/her responsibilitiesrights hereunder will be pursuant to the Grievance Procedure, provided that if necessaryan employee elects to pursue any legal or statutory remedy, without such election will bar any further or subsequent proceedings for relief under the loss provisions of salary, for the purpose of attending the hearingthis Article. C. Within ten (10) days following F. If the hearinggrievance is not resolved at Step Two of the Grievance Procedure, and if it involves an alleged violation of a specific Article and Section of the Agreement, the designated supervisor shall inform Association may, at its option, submit the employee and/or grievance to arbitration by written notice delivered to the representative Superintendent within fifteen (15) workdays of receipt of the Superintendent’s answer in Step Two. The written decisionnotice 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. D. Should G. Following receipt of the employee notice to arbitrate, the Association and the Board will attempt to mutually agree to an Arbitrator. If an Arbitrator is not appeal mutually agreed to the next step within ten (10) days workdays following receipt of the written notice, the Association, within the next five (5) workdays only, may apply for arbitration in writing to the American Arbitration Association under its rule. H. The jurisdiction of the arbitrator shall be limited to the determination of grievances which involve an alleged violation of a specific Article and Section of this Agreement. If either party shall claim before the arbitrator that a particular grievance fails to meet the tests of arbitrability, the arbitrator shall proceed to decide such issues before proceeding to hear the case upon the merits. If the grievance concerns matters not subject to arbitration, the arbitrator shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of return the grievance under Step 2and all documents relating thereto, appeal the decision to the Superintendent parties without decision. In the event either party disputes the arbitrability of Schools. B. Within fifteen (15) days a grievance in a court of the hearing before the Superintendentlaw, the Superintendent arbitrator shall inform have no jurisdiction to act until the employee and/or the representative matter is determined by a court of the decisioncompetent jurisdiction from whose decision no appeal is taken. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it is important the that grievances be processed presented as rapidly as possible, the number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process. It is hereby understood that The time is of the essence limits specified may, however, be extended by mutual agreement in the processing of grievances hereunder. A. Any writing. An employee may present with a grievance to shall notify his/her immediate supervisor Principal/Supervisor in writing, within thirty seven (307) days regular workdays of the grievance, with the objective of resolving the matter informally. The Principal and/or Supervisor shall act on the grievance within five (5) regular workdays after the occurrence grievance is submitted in writing. The involvement of the alleged Principal/Supervisor in the first step of the grievance procedures should be a personal dialogue between the Principal/Supervisor and the employee to resolve the grievance. Such grievance If an employee wishes representation at this level, written notice must be given to the Principal/Supervisor at least twenty-four (24) hours before the scheduled meeting. The Principal/Supervisor has the right for a second party of his or her choosing to be present at the meeting. Only in writing and must state specifically the event that the grievance procedure Principal/Supervisor is being invoked as well as what specifically has been violated. B. Within ten (10) days the subject of the receipt grievance, may the aggrieved take his/her complaint directly to the Superintendent or his/her Designee. If a complaint is not settled by the respective Principal/Supervisor to whom the appeal is made in Level One in five (5) regular workdays, or the aggrieved receives no communication on the resolution of the grievance in five (5) regular workdays after presentation of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step may file his grievance in writing within ten (10) days regular workdays after the original presentation to the Principal with the Superintendent or his/her Designee. Such communication should notify the Superintendent whether the aggrieved wishes Association representation to be or not to be present and should be filed with the knowledge of his/her Principal and/or Supervisor that this second step is being taken. A report from the Principal/Supervisor shall be submitted to the Superintendent in conjunction with the appeal of the employee. The Superintendent shall act on the grievance shall be considered settled. A. The within twenty (20) regular workdays. If the aggrieved employee mayis not satisfied with the Superintendent’s decision or if no decision has been rendered within twenty (20) regular workdays after the grievance was received by the Superintendent, the aggrieved employee may arrange an appointment through the Superintendent with the Board of Education for discussion. This request must be made in writing to the Superintendent, and must be filed within ten (10) days regular workdays after the Superintendent’s decision or thirty (30) regular workdays after the filing of the receipt of an adverse decision grievance. Association representation, at Step 1 level, appeal to the proper supervisor immediately below the Superintendent. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf written request of the grievant his/her name shall aggrieved, may be designated in present at all sessions involving the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice the Board of the hearing date and placeEducation. The employee Board of Education shall be relieved take action on the grievance in twenty (20) regular workdays or at the next regularly scheduled Board of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of Education meeting after the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the request is received and communicate its decision to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the aggrieved employee and/or the representative of the decision. C. Should the employee not appeal with a copy to the next step within ten (10) days the grievance shall be considered settledAssociation. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 1 contract

Samples: Negotiated Agreement

Procedures. Since The parties hereto acknowledge that it is important usually most desirable for a teacher and his/her immediately involved supervisor to resolve problems through free and informal communications. When requested by the grievances teacher, a Union representative may accompany the teacher to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the teacher or the Union, a grievance may be processed as rapidly as possiblefollows: Step #1 The teacher or the Union may present the grievance in writing to the principal who will arrange for a meeting to take place within seven (7) days after receipt of the grievance. A union representative, if desired by the teacher, and the principal shall be present for the meeting. Within seven (7) days of the meeting, the number of days indicated grievant shall be provided with the principal’s written response, including the reasons for the decision. Step #2 – If the grievance is not resolved satisfactorily at each level should be considered as maximum and every effort should be made to expedite Step #1, then the process. It is hereby understood that time is of grievant may refer the essence in the processing of grievances hereunder. A. Any employee may present a grievance to the Superintendent or his/her immediate supervisor official designee within thirty six (306) days after the occurrence receipt of the alleged grievanceStep #1 answer. Such grievance must be The Superintendent shall arrange with the grievant or the Union 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 writing its representation such witnesses and must state specifically that the grievance procedure is being invoked counselors as well as what specifically has been violated. B. it deems necessary. Within ten (10) days of the receipt meeting, the employee or the Union shall be provided with the Superintendent’s written response, including the reasons for the decision. Step #3 – Should the grievant not be satisfied with the disposition of the grievancegrievance at Step #2, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step grievant may within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) working days of receiving the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below Board of Education. This appeal, directed to the Superintendent. The appeal shall secretary of the Board, will be in writing and will be accompanied by a copy of the complaint and the decision rendered at Step #2. The Board will meet on the proper form and shall set forth with specificity matter at the grievance asserted and its disposition regularly scheduled board meeting, providing the appeal is received by the Board Secretary at Step 1. If a representative is to appeal on behalf least forty-eight (48) hours before the regularly scheduled meeting of the grievant his/her name shall be designated in Board. This meeting will consist of the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee Board, Superintendent, Complainant, and his/her Union representative, if any, shall be given prior notice of desired. Within five (5) working days after the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearingmeeting, the designated supervisor shall inform the employee and/or the representative of the Board will provide a written decision. D. Should , with supporting reasons, to all parties involved. Step #4 – If the employee Union is not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of satisfied with the disposition of the grievance under at Step 2#3, appeal then attorneys from both sides will meet to arrive at a resolution. Each attorney’s costs will be at each organization’s own expenses. Step #5 – If the decision Union and/or Board are not satisfied with the disposition of the grievance at Step #4, the Union and/or board may submit the grievance to the Superintendent of Schools. B. Within fifteen final and binding arbitration. If a request for arbitration is not filed within thirty (1530) days of the hearing before date for the SuperintendentStep #4 answer, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days then the grievance shall be considered settleddeemed withdrawn. Expenses for the Arbitrator’s services shall be borne equally by the Board and Union. The arbitration proceeding shall be conducted by an Arbitrator to be selected by the two parties within seven (7) days. The American Arbitration Association of A. No teacher shall be required to discuss any grievance in the absence of a representative unless said teacher so desires. A. The aggrieved employee may, within ten (10) days B. No reprisals of any kind shall be taken by the receipt of notification of Board or the disposition Union against a teacher because of his/her participation in this grievance under Step 3, request a hearing by the Boardprocedure. B. Within ten (10) days C. All records dealing with the process of a grievance shall be filed separately from the personnel files of the hearing before participants. D. The time limits at the Board, the Board shall inform the employee and/or his/her representative step of its decision. The Board's decision shall this grievance procedure may be finalextended by written mutual agreement. E. A grievant may withdraw a grievance at any time without prejudice.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it is important (a) Failure at any step of this procedure to communicate the grievances be processed as rapidly as possible, decision on a grievance within the number specified time limits shall permit the aggrieved employee to proceed to the next step. Failure at any step of days indicated at each level should be considered as maximum and every effort should be made this procedure to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present appeal a grievance to the next step within the specified time limits shall be deemed to be acceptance of the decision rendered at that step. (b) It is understood that employees shall, during the pendency of any grievance, continue to observe all assignments and applicable rules and regulations of the Board until such grievance has been fully determined. 2. Any employee or group of employees, along with his/her her/their representative, who has a grievance, shall discuss it first with his/her/their immediate supervisor in an attempt to resolve the matter informally at that level. A grievance to be considered by this procedure must be initiated by the employee(s) within thirty (30) from when the employee knew or should have known of its occurrence. 3. If the grievance is not settled satisfactorily in five (5) days after time, it shall be reduced to writing and submitted to the occurrence Director specifying: The nature of the alleged grievance. Such grievance must be in writing The nature and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days extent of the receipt injury, loss, or inconvenience; The result of previous discussions; and The dissatisfaction with the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendentpreviously rendered. The appeal Director shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant communicate his/her name shall be designated decision, in the written appeal or initial complaint. B. Within ten writing, within five (105) days of receipt of said appeal the designated supervisor shall conduct a hearingwritten grievance. 4. The aggrieved employee and his/her representativeemployee, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten no later than five (105) school days following the hearing, the designated supervisor shall inform the employee and/or the representative after receipt of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee mayanswer, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, may appeal the decision to the Superintendent of Schools. B. Within fifteen (15) days of . The Superintendent or his representative and the hearing before Association President shall attempt to resolve the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee matter within a period not appeal to the next step within exceed ten (10) school days. The Superintendent or his representative shall communicate his decision in writing to the employee and the Association. 5. If the grievance is not resolved to the grievant's or the Association's satisfaction, the grievant or the Association no later than five (5) school days after receipt of the Superintendent's decision, may request a review by the Board of Education. The grievance shall be considered settled. A. jointly by the Association Executive Committee and the Board, or such sub committees as either shall designate. The aggrieved employee Board may, at its option, hold a hearing with the employee or employees and the Association. The Board shall answer such grievance in writing within ten thirty (1030) days of receipt. 6. The Association and the receipt Board may settle any grievance reduced to writing at any step so long as such settlement does not discriminate against the employees involved in any manner prohibited by law (or deprive them of notification any rights available to other members of the disposition of his/her grievance under Step 3, request a hearing by the Boardunit). B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it A. In the event that a grievant believes there is important the grievances be processed as rapidly as possiblea basis for a grievance, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite grievant may first discuss the process. It is hereby understood that time is of the essence in the processing of grievances hereunderalleged grievance with his/her principal or other appropriate supervisor either personally or accompanied by his/her Association representative. A. B. Any employee may present a grievance to his/her immediate supervisor within thirty (30) days after grievance to the occurrence District and have such grievance adjusted without the intervention of the alleged grievanceAssociation, as long as the Association has been given an opportunity to be present at that adjustment and to make its views known, and as long as the adjustment is not inconsistent with the terms of this Agreement. C. If the grievance is not resolved in A or B above, formal grievance procedures may be instituted. STEP 1. Such The grievant may invoke the formal grievance procedure through the Association on the grievance form which will be available from the Association representative in each building. A copy of the grievance form shall be delivered to the principal or appropriate supervisor. If the grievance involves more than one (1) school building, it may be filed with the Superintendent or a representative designated by the Superintendent. A grievance must be in writing and must state specifically that filed within twenty (20) days of the occurrence or knowledge of the event of which he/she complains. STEP 2. If the grievant is not satisfied with the disposition of the grievance, the grievance procedure is being invoked as well as what specifically has been violated. B. shall be transmitted to the Superintendent within five (5) days. Within ten (10) days upon receipt the Superintendent or acting superintendent shall meet with the grievant and his/her Association representative on the grievance and shall indicate his/her disposition of the receipt grievance in writing within five (5) days of such meeting, and shall furnish a copy thereof to the grievant(s) and to the Association. STEP 3. If the grievant is not satisfied with the disposition of the grievancegrievance by the superintendent, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days transmitted to the Chairman of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the SuperintendentSchool Board within five (5) days. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of upon receipt of said appeal the designated supervisor Board shall conduct a hearing. The aggrieved employee meet with the grievant and his/her representativeAssociation representative on the grievance and shall indicate the disposition of the grievance in writing within five (5) days of such meeting, if anyand shall furnish a copy thereof to the grievant(s) and to the Association. STEP 4. If the grievant is not satisfied with the disposition of the grievance by the Board, the grievance, only at the option of the Association, may be submitted before an impartial arbitrator. The Association shall be given prior exercise its rights of arbitration by giving the Superintendent written notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal its intention to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, arbitrate within ten (10) days of receipt of notification of the written disposition of the grievance under Step 2, appeal Board. If the decision parties cannot agree to the Superintendent of Schools. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step arbitrator within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.five

Appears in 1 contract

Samples: Collective Bargained Agreement

Procedures. Since it is important the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any employee may present a grievance to his/her immediate supervisor Grievant must file within thirty ten (3010) calendar days after the occurrence Employee becomes aware of an alleged violation which provides the basis for the grievance with the AFT Grievance Chairperson or designee. Written notification of intent to grieve must be filed with the Superintendent or designee within twenty (20) calendar days after the Employee becomes aware of an alleged violation which provides the basis for the grievance. Such A grievance must be brought to Step One within ten (10) calendar days after the Employee has filed said written notification of intent to grieve with the Superintendent or designee to meet with the Administrator against whom the grievance will be filed with the object of resolving the matter informally. The Employee shall notify the Administrator of the basis of the potential grievance. Both parties shall initial a statement that this meeting was held and the resolution if any. If the complainant desires, an AFT Grievance Committee Representative shall be present at this step to facilitate the discussion. If the Administrator, against whom the grievance may be filed wants another Administrator to be present at this step, another Administrator may be present if an AFT Grievance Committee Representative is present. 1. If the grievance is not satisfactorily resolved in Step One, a meeting shall be held within ten (10) calendar days of the meeting described in Step One. A request for the meeting shall be made in writing by the AFT Chairperson or designee or the grievant to the appropriate District or Building Administrator and must state specifically that the basis of the grievance procedure is being invoked as well as what shall be specifically stated on the grievance form. 2. A copy of said form can be found in Exhibit H of this Agreement. Present at this meeting shall be the grievant, the Administrator against whom the grievance has been violatedfiled, a designee of the Administrator if they so desire, and the AFT Grievance Committee Representative, if they so desire. B. 3. Within ten (10) calendar days of the receipt Step Two meeting, the Administrator against whom the grievance has been filed shall communicate their decision, in writing with the supporting reasons to the participants at the Step Two meeting. 1. In the event the matter is not resolved in Step Two, within in ten (10) calendar days of the grievanceStep Two meeting, the immediate supervisor shall inform AFT Chairperson or designee or the employee of the decision. C. Should the employee not grievant may file a written appeal to the next step Superintendent or designee. A meeting with the object of resolving the matter shall be held within ten (10) calendar days after receipt of this appeal letter by the Superintendent or their designee. Present at this meeting shall be the Superintendent or designee, the Administrator against whom the grievance shall be considered settledhas been filed and their immediate supervisor, the grievant, and the AFT Grievance Committee Representative, if a Waiver has not been filed. A. The aggrieved employee may, within ten (10) days of the receipt of an adverse decision at Step 1 level, appeal to the proper supervisor immediately below the Superintendent2. The appeal shall be in writing on the proper form and shall set forth with specificity the grievance asserted and its disposition at Step 1. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative of the written decision. D. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal the decision to the Superintendent of Schools. B. Within fifteen (15) calendar days of the hearing before the Superintendentmeeting in Step Three, the Superintendent or designee shall inform communicate their decision, in writing, together with the employee and/or the representative of the decision. C. Should the employee not appeal supporting reasons to the next step within ten (10) days participants at the grievance shall be considered settledStep Three meeting and to the AFT President. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since it is important the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the processA. Step 1 1. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any An employee may present having a grievance to his/her immediate supervisor within thirty (30) days after the occurrence of the alleged grievance. Such grievance must be in writing and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. Within ten (10) days of the receipt of the grievance, the immediate supervisor shall inform the employee of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days following the occurrence of the receipt of an adverse decision at Step 1 level, appeal event giving rise to the proper supervisor immediately below grievance, present the Superintendentwritten grievance to the Deputy Chief with responsibility of the employee’s area setting forth specifically the complete facts on which the grievance is based, the specific provision or provisions of the Agreement allegedly violated, and the relief requested. The appeal Deputy Chief shall be schedule a meeting between the grievant, the grievant's designated representative, grievant's supervisor, or other appropriate individuals. The grievant shall have the right to present any evidence in writing on the proper form and shall set forth with specificity support of the grievance asserted and its disposition at Step 1this meeting. If a representative is to appeal on behalf the meeting does not result in resolution of the grievant his/her name shall be grievance, the Deputy Chief will proceed with processing the grievance and issuing a written decision, stating the reasons thereof to the grievant's designated in the written appeal or initial complaint. B. Within ten (10) days of receipt of said appeal the designated supervisor shall conduct a hearing. The aggrieved employee and his/her representative, if any, shall be given prior notice of the hearing date and place. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within PBA representative within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative receipt of the written decisiongrievance, or the meeting scheduled pursuant to this paragraph, whichever is later, unless an extension has been granted. If an extension was granted, the decision shall be issued by the agreed upon date. A copy of the decision shall be sent to the grievant and to the PBA if grievant elected not to be represented by the PBA. The decision shall be transmitted by personal delivery with written documentation of receipt or by certified mail, return receipt requested. D. Should 2. Where practicable, the employee not appeal Deputy Chief shall make available to the next step grievant or grievant's designated representative, documentation referenced in the Step 1 decision prior to its issuance. All documents referred to in the decision and any additional documents presented by the grievant shall be attached to the decision, together with a list of these documents. In advance of the Step 1 meeting, the grievant shall have the right, upon written request, to a copy of documents identified as relevant to the grievance. 3. In the absence of an agreement to extend the period for issuing the Step 1 decision, the grievant may proceed to Step 2 if the grievant or grievant's designated representative, as applicable, has not received the written decision by the end of the 10th day following the Deputy Chief’s receipt of the grievance, or the meeting scheduled pursuant to Section 15.2.A.1 above, whichever is later. B. Step 2 1. If the grievance is not resolved at Step 1, the grievant may file the grievance in writing with the Assistant Vice President of Public and Environmental Safety within ten (10) days following receipt of the decision at Step 1. When the grievance shall be considered settledis eligible for initiation at Step 2, the Grievance form must contain the same information as a grievance filed at Step 1 above. The Assistant Vice President of Public and Environmental Safety may have a meeting with the employee and/or a PBA Representative to discuss the grievance. A. 2. The aggrieved Assistant Vice President of Public and Environmental Safety shall communicate a written decision to the employee may, and to the PBA Representative within ten (10) days of following receipt of notification of the disposition of written grievance or the grievance under Step 2meeting scheduled pursuant to Section 15.2.B.1 above, appeal the decision to the Superintendent of Schoolswhichever is later. B. Within fifteen (15) days of the hearing before the Superintendent, the Superintendent shall inform the employee and/or the representative of the decision. C. Should the employee not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decision. The Board's decision shall be final.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedures. Since A. Step One: An employee with a complaint shall attempt to resolve the problem informally between the employee and his principal or immediate supervisor. If the complaint is not resolved informally it is important shall be reduced to writing by the grievances be processed as rapidly as possible, employee who shall submit it to the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the processprincipal or immediate supervisor. It is hereby understood that time is of the essence in the processing of grievances hereunder. A. Any If an employee may present a does not submit his grievance to his/her immediate supervisor the principal in writing within thirty (30) working days after the occurrence facts upon which the grievance is based first occur, or first become known to the teacher, the grievance will be deemed waived. The immediate supervisor or principal will arrange for a conference to take place within three (3) working days after receipt of the alleged grievance. Such grievance must The grievant will be in writing present for the conference and must state specifically that the grievance procedure is being invoked as well as what specifically has been violated. B. may have Association representation if he desires. Within ten (10) working days of following the receipt of conference, the supervisor will provide the grievant with a written answer to the grievance. B. Step Two: If the grievance is not settled in Step One and the employee wishes to appeal the grievance to Step Two, the immediate supervisor shall inform employee may file the employee of the decision. C. Should the employee not appeal grievance in writing to the next step Superintendent of Schools within ten (10) working days after receipt of the grievance principal's or supervisor’s written answer. This shall be considered settled. A. done by submitting a copy of the original grievance complaint along with an indication in writing of reasons why the grievant does not believe the written decision of the principal or immediate supervisor is adequate. The aggrieved employee may, Superintendent or his designee shall arrange for a hearing with the grievant to take place within five (5) working days of his receipt of the appeal. The grievant may have Association representation if he desires. The Superintendent or his designee shall provide a written decision no later than ten (10) working days after receipt of the receipt written grievance. If the Superintendent is also the principal or immediate supervisor who heard the grievance at Step One, the appeal at Step Two shall be made to the Board of an adverse Review consisting of two members of the School Board. C. Step Three: If the grievant is not satisfied with the decision at Step 1 levelTwo (2) or if no decision has been rendered within fifteen (15) working days following the filing of the appeal, appeal the grievant may request that the Association submit the grievance to the proper supervisor immediately below the Superintendentmediation. The appeal shall be in writing on Association will notify the proper form and shall set forth with specificity District of its intent to proceed to mediation within fifteen (15) working days following receipt of the grievance asserted and its disposition decision made at Step 1Two. If a representative is to appeal on behalf of the grievant his/her name shall be designated in the written appeal or initial complaint. B. Within ten (10) working days of receipt such notification the Association shall request a list of said appeal mediators from a mediation/arbitration organization selected by mutual agreement of the designated supervisor shall conduct a hearingparties. The aggrieved employee and his/her representative, if any, mediator shall be given prior notice 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 hearing date and placeagency that was selected. The employee shall be relieved of his/her responsibilities, if necessary, without the loss of salary, for the purpose of attending the hearing. C. Within ten (10) days following the hearing, the designated supervisor shall inform the employee and/or the representative mediator selected will confer with representatives of the written decisiondistrict and the Association and hold a hearing promptly and will issue his finding of fact, reasoning and conclusions on the issue submitted in writing not later than twenty (20) working days from the date of the close of the hearings. Nothing in the Agreement shall prevent the Board and the Association from mutually agreeing on another method of mediation. D. Should Step Four: If the employee grievant is not appeal to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee may, within ten (10) days of receipt of notification of the disposition of the grievance under Step 2, appeal satisfied with the decision to the Superintendent of Schools. B. Within 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) working days of such notification the Association 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 American Arbitration Association. The parties shall separately rank and strike the 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 Association and hold hearing before promptly and will issue his finding of fact, reasoning and conclusions on the Superintendentissue submitted in writing not later than twenty (20) working days from the date of the close of the hearings. The findings of the arbitrator shall be final and binding on the parties. Nothing in the Agreement shall prevent the Board and the Association from mutually agreeing on another method of arbitration. If the appeal at Step Three is not made to the Board of Review, the Superintendent shall inform appellant may, at xxxxxxxxx's option, elect to appeal the employee and/or the representative of the decision. C. Should the employee not appeal decision made at Step Three to the next step within ten (10) days the grievance shall be considered settled. A. The aggrieved employee mayBoard of Review, within ten (10) days of the receipt of notification of the disposition of his/her grievance under Step 3, before request a hearing by the Board. B. Within ten (10) days of the hearing before the Board, the Board shall inform the employee and/or his/her representative of its decisionfor arbitration is made. The Board's decision time limits set forth in Step Three shall apply to this optional additional appeal step. Thereafter request for arbitration can be finalmade.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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