Professional Grievance Negotiation Procedure. A. Any teacher, group of teachers or the Association believing that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any existing rule, order or regulation of the Board, or any other provision of law (except a statute specifically establishing a procedure for redress) relating to wages, hours, terms or conditions of employment, may within 45 work days of occurrence file a written grievance with the Board or its representative. The Board hereby designates as its representative for such purpose the principal in each school building and the superintendent of schools when the particular grievance arises in more than one school building. B. Within five (5) workdays of receipt of the grievance the designated representative of the Board shall meet with the Association in an effort to resolve the grievance. Affected teachers may or may not be present at such meeting. If the meeting is with the school principal and the parties cannot agree, the grievance shall be dated and transmitted within five (5) working days, by the Association, to the superintendent or his/her designee who shall have ten (10) workdays thereafter to approve or disapprove it. If the grievance shall be denied by the superintendent, either upon review of the action of the school principal, or in the first instance, the grievance shall be dated and transmitted within ten (10) workdays, by the Association, to the Secretary of the Board, with a statement of reasons why it is being disapproved. C. Within 25 workdays from receipt of the grievance the Board shall pass upon the grievance. The Board may hold a hearing thereon, may designate one or more of its members to hold a hearing or otherwise investigate the grievance, or prescribe such procedure as it may deem appropriate for consideration of the grievance, provided, however, that in no event, except with express written consent of the Association, shall final determination of the grievance be made by the Board more than 30 days after its submission to the Board. D. Within 20 workdays, if the decision of the Board is not satisfactory to the Association, the grievance may be submitted to arbitration before an impartial arbitrator selected by the parties. If the parties cannot agree as to the arbitrator, he shall be selected by the American Arbitration Association in accord with its rules which shall likewise govern the arbitration hearing. 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. E. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. F. The costs of any arbitration under this Article shall be shared equally by both parties involved, the Board and the Association. G. For administrative convenience, the Board may cause complaints which may be the subject of grievances under this Article first to be presented to the principal for informal processing, in an effort to reduce the number of formal grievances handled under the professional grievance procedure herein established. The parties shall mutually work out procedures for such informal processing upon request, but exhaustion of such informal procedures shall not be required as a condition precedent to invoking the grievance procedure. H. If the grievance is not filed within the time line, the grievance is considered waived. If determination is not made within the allotted time periods listed above, the solution sought is granted. Workdays are defined as weekdays excluding Saturdays, Sundays, and holidays.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Professional Grievance Negotiation Procedure. A. Any teacherFor purposes of this Agreement, group of teachers a grievance is defined as any claim or complaint by an employee or by the Association believing that there has been a violation, misinterpretation misinterpretation, or misapplication of any a specific provision of this Agreement Agreement. All such grievances shall be processed as hereinafter provided.
B. The aggrieved employee shall begin the grievance procedure by informally discussing the matter with his/her immediate supervisor within fifteen (15) days after the occurrence or any existing rulethe facts become known, order or regulation with the object of informally resolving the matter. If not so resolved, a written statement of the Boardgrievance, or any other signed by the grievant, shall be filed with his/her immediate supervisor within fifteen (15) days after such informal discussions. Such statement shall recite the facts alleged, the provision of law the Agreement involved, and the relief requested. Within fifteen (except 15) days thereafter, the aggrieved employee and his/her immediate supervisor and a statute specifically establishing representative of the Association shall meet to discuss the matter in an effort to resolve it.
C. If not resolved at such meeting, a procedure for redresswritten answer to the grievance shall be given by the immediate supervisor within fifteen (15) relating days after such meeting. If the employee is not satisfied with that answer, he/she shall then forward the grievance and answer to wagesthe Superintendent within fifteen (15) days after receipt of the answer. The aggrieved employee and representative of the Association shall meet with the Superintendent within fifteen (15) days thereafter to discuss the matter in an effort to resolve it.
D. If not settled at such meeting, hours, terms the Superintendent or conditions of employment, may his/her designee shall give his/her written answer within 45 work fifteen (15) days of occurrence file such meeting to the aggrieved employee and the Association. If not settled as a written grievance with result of such answer, either the Board or its representativethe Association shall have the right to appeal the dispute to a mutually satisfactory arbitrator under and in accordance with the rules of the American Arbitration Association. The Board hereby designates as its representative for such purpose Such appeal must be taken by written notice given to the principal in each school building and other party within fifteen (15) days from the superintendent of schools when date the particular grievance arises in more than one school buildinganswer is given.
B. Within five (5) workdays E. In the event of receipt a general grievance, the President of the Association has the right to file a grievance, which would go directly to the Superintendent under Section D and follow the procedure as outlined thereafter.
F. Notwithstanding the expiration of this Agreement, any claim of grievance arising thereunder may be processed through the designated grievance procedure until resolution.
G. A teacher engaged during the school day in any professional grievance negotiations on behalf of the Association with any representative of the Board shall meet with the Association in an effort to resolve the grievance. Affected teachers may or may not be present at such meetingreleased from regular duties without loss of salary. If the meeting is with the school principal and the parties cannot agree, the grievance shall be dated and transmitted within five (5) working days, by the Association, to the superintendent or his/her designee who shall have ten (10) workdays thereafter to approve or disapprove it. If the grievance shall be denied by the superintendent, either upon review of the action of the school principal, or in the first instance, the grievance shall be dated and transmitted within ten (10) workdays, by the Association, to the Secretary of the Board, with a statement of reasons why it is being disapproved.
C. Within 25 workdays from receipt of the grievance the Board shall pass upon the grievance. The Board may hold a hearing thereon, may designate one or more of its members to hold a hearing or otherwise investigate the grievance, or prescribe such procedure as it may deem appropriate for consideration of the grievance, provided, however, that in no event, except with express written consent of the Association, shall final determination of the grievance be made any negotiations are requested by the Board more than 30 days after its submission which will involve the teacher during the school day, the teacher will be released from regular duties without loss of pay.
H. The arbitrator shall have the power and authority as set forth herein to resolve such grievances.
1. It is expressly agreed that the power and authority of the arbitrator shall be limited in such case to the Board.
D. Within 20 workdaysresolution of the question submitted to him/her. It is further specifically agreed that the arbitrator shall have no power to add to, if subtract from, or modify any of the terms of this Agreement. The decision of the arbitrator shall be final and binding on both parties.
2. The fees and expenses of the arbitrator shall be shared equally by the Board is not satisfactory to and the Association, the grievance may . All other expenses shall be submitted to arbitration before an impartial arbitrator selected borne by the partiesparty incurring them, and neither party shall be responsible for the expenses of witnesses called by the other. If either party wants an official transcript of the parties cannot agree as to proceedings, then said party shall pay the arbitrator, he full cost.
3. No decision in any case shall be selected by the American Arbitration Association require a retroactive adjustment in accord with its rules which shall likewise govern the arbitration hearingany other case.
4. The arbitrator shall have no power to alter, add establish salary scales.
5. The arbitrator shall have no power to rule on any of the following:
a. The termination of or subtract from decision not to re-employ any probationary teacher.
b. Failure to re-employ any teacher to an extra contract assignment. For the terms purpose of this Agreementprovision, re-employ shall include any position within a sport (e.g., football) within an education level (i.e., high school, middle school or elementary) or a non- coaching position within an educational level that the teacher previously held.
c. Any matter covered under the Teacher Tenure Act. Both parties agree (Act IV, Public Acts, Extra Session of 1937 of Michigan, as amended) and any matter considered a prohibited subject of bargaining pursuant to be bound section 15(3) of the Public Employment Relations Act.
d. The use of teacher evaluation form agreed upon by the award of the arbitrator and agree parties that judgment thereon may be entered in any court of competent jurisdiction.
E. If any teacher for whom a grievance is sustained shall can be found to have been unjustly dischargedin the Board Policy documents/Administrative Guidelines, he shall be reinstated with full reimbursement of all professional compensation lost.and Appendix D.
F. I. The costs of any arbitration under time limits provided in this Article shall be shared equally strictly observed but may be extended by both parties involvedwritten agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board and Association shall use their best efforts to process such grievance prior to the Association.
G. For administrative convenienceend of the school term or as soon thereafter as may be possible. Failure to institute a grievance or appeal a decision within the time specified shall be deemed acceptance of the decision at that level. Should the Association withdraw a grievance at any level, no further proceedings shall be had. If the Board fails to comply with any time limit, the Board may cause complaints which may be the subject of grievances under this Article first to be presented grievance shall automatically advance to the principal for informal processing, in an effort to reduce the number next step of formal grievances handled under the professional grievance procedure herein established. The parties shall mutually work out procedures for such informal processing upon request, but exhaustion of such informal procedures shall not be required as a condition precedent to invoking the grievance procedure. For purposes herein, “days” shall mean teacher days during the school year and those days on which the District’s Administration Office is scheduled for work between Monday and Friday (both inclusive) during the non-school year.
H. If the grievance is not filed within the time line, the grievance is considered waived. If determination is not made within the allotted time periods listed above, the solution sought is granted. Workdays are defined as weekdays excluding Saturdays, Sundays, and holidays.
Appears in 4 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Professional Grievance Negotiation Procedure. A. Any teacherFor purposes of this Agreement, group of teachers a grievance is defined as any claim or complaint by an employee or by the Association believing that there has been a violation, misinterpretation misinterpretation, or misapplication of any a specific provision of this Agreement or any existing rule, order or regulation of the Board, or any other provision of law (except a statute specifically establishing a procedure for redress) relating to wages, hours, terms or conditions of employment, may within 45 work days of occurrence file a written grievance with the Board or its representativeAgreement. The Board hereby designates All such grievances shall be processed as its representative for such purpose the principal in each school building and the superintendent of schools when the particular grievance arises in more than one school buildinghereinafter provided.
B. Within five The aggrieved employee shall begin the grievance procedure by informally discussing the matter with his/her immediate supervisor within fifteen (515) workdays days after the occurrence or the facts become known, with the object of receipt informally resolving the matter. If not so resolved, a written statement of the grievance grievance, signed by the designated grievant, shall be filed with his/her immediate supervisor within fifteen (15) days after such informal discussions. Such statement shall recite the facts alleged, the provision of the Agreement involved, and the relief requested. Within fifteen (15) days thereafter, the aggrieved employee and his/her immediate supervisor and a representative of the Board Association shall meet with to discuss the Association matter in an effort to resolve it.
C. If not resolved at such meeting, a written answer to the grievance. Affected teachers may or may not grievance shall be present at given by the immediate supervisor within fifteen (15) days after such meeting. If the meeting employee is not satisfied with the school principal and the parties cannot agreethat answer, he/she shall then forward the grievance shall be dated and transmitted within five (5) working days, by the Association, answer to the superintendent or his/her designee who shall have ten (10) workdays thereafter to approve or disapprove it. If the grievance shall be denied by the superintendent, either upon review of the action of the school principal, or in the first instance, the grievance shall be dated and transmitted Superintendent within ten (10) workdays, by the Association, to the Secretary of the Board, with a statement of reasons why it is being disapproved.
C. Within 25 workdays from receipt of the grievance the Board shall pass upon the grievance. The Board may hold a hearing thereon, may designate one or more of its members to hold a hearing or otherwise investigate the grievance, or prescribe such procedure as it may deem appropriate for consideration of the grievance, provided, however, that in no event, except with express written consent of the Association, shall final determination of the grievance be made by the Board more than 30 days after its submission to the Board.
D. Within 20 workdays, if the decision of the Board is not satisfactory to the Association, the grievance may be submitted to arbitration before an impartial arbitrator selected by the parties. If the parties cannot agree as to the arbitrator, he shall be selected by the American Arbitration Association in accord with its rules which shall likewise govern the arbitration hearing. 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.
E. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost.
F. The costs of any arbitration under this Article shall be shared equally by both parties involved, the Board and the Association.
G. For administrative convenience, the Board may cause complaints which may be the subject of grievances under this Article first to be presented to the principal for informal processing, in an effort to reduce the number of formal grievances handled under the professional grievance procedure herein established. The parties shall mutually work out procedures for such informal processing upon request, but exhaustion of such informal procedures shall not be required as a condition precedent to invoking the grievance procedure.
H. If the grievance is not filed within the time line, the grievance is considered waived. If determination is not made within the allotted time periods listed above, the solution sought is granted. Workdays are defined as weekdays excluding Saturdays, Sundays, and holidays.fifteen
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
Professional Grievance Negotiation Procedure. A. Any teacherFor purposes of this Agreement, group of teachers a grievance is defined as any claim or complaint by an employee or by the Association believing that there has been a violation, misinterpretation misinterpretation, or misapplication of any a specific provision of this Agreement Agreement. All such grievances shall be processed as hereinafter provided.
B. The aggrieved employee shall begin the grievance procedure by informally discussing the matter with his/her immediate supervisor within fifteen (15) days after the occurrence or any existing rulethe facts become known, order or regulation with the object of informally resolving the matter. If not so resolved, a written statement of the Boardgrievance, or any other signed by the grievant, shall be filed with his/her immediate supervisor within fifteen (15) days after such informal discussions. Such statement shall recite the facts alleged, the provision of law the Agreement involved, and the relief requested. Within fifteen (except 15) days thereafter, the aggrieved employee and his/her immediate supervisor and a statute specifically establishing representative of the Association shall meet to discuss the matter in an effort to resolve it.
C. If not resolved at such meeting, a procedure for redresswritten answer to the grievance shall be given by the immediate supervisor within fifteen (15) relating days after such meeting. If the employee is not satisfied with that answer, he/she shall then forward the grievance and answer to wagesthe Superintendent within fifteen (15) days after receipt of the answer. The aggrieved employee and representative of the Association shall meet with the Superintendent within fifteen (15) days thereafter to discuss the matter in an effort to resolve it.
D. If not settled at such meeting, hours, terms the Superintendent or conditions of employment, may his/her designee shall give his/her written answer within 45 work fifteen (15) days of occurrence file such meeting to the aggrieved employee and the Association. If not settled as a written grievance with result of such answer, either the Board or its representativethe Association shall have the right to appeal the dispute to a mutually satisfactory arbitrator under and in accordance with the rules of the American Arbitration Association. The Board hereby designates as its representative for such purpose Such appeal must be taken by written notice given to the principal in each school building and other party within fifteen (15) days from the superintendent of schools when date the particular grievance arises in more than one school buildinganswer is given.
B. Within five (5) workdays E. In the event of receipt a general grievance, the President of the Association has the right to file a grievance, which would go directly to the Superintendent under Section D and follow the procedure as outlined thereafter.
F. Notwithstanding the expiration of this Agreement, any claim of grievance arising thereunder may be processed through the designated grievance procedure until resolution.
G. A teacher engaged during the school day in any professional grievance negotiations on behalf of the Association with any representative of the Board shall meet with the Association in an effort to resolve the grievance. Affected teachers may or may not be present at such meetingreleased from regular duties without loss of salary. If the meeting is with the school principal and the parties cannot agree, the grievance shall be dated and transmitted within five (5) working days, by the Association, to the superintendent or his/her designee who shall have ten (10) workdays thereafter to approve or disapprove it. If the grievance shall be denied by the superintendent, either upon review of the action of the school principal, or in the first instance, the grievance shall be dated and transmitted within ten (10) workdays, by the Association, to the Secretary of the Board, with a statement of reasons why it is being disapproved.
C. Within 25 workdays from receipt of the grievance the Board shall pass upon the grievance. The Board may hold a hearing thereon, may designate one or more of its members to hold a hearing or otherwise investigate the grievance, or prescribe such procedure as it may deem appropriate for consideration of the grievance, provided, however, that in no event, except with express written consent of the Association, shall final determination of the grievance be made any negotiations are requested by the Board more than 30 days after its submission which will involve the teacher during the school day, the teacher will be released from regular duties without loss of pay.
H. The arbitrator shall have the power and authority as set forth herein to resolve such grievances. It is expressly agreed that the power and authority of the arbitrator shall be limited in such case to the Board.
D. Within 20 workdaysresolution of the question submitted to him/her. It is further specifically agreed that the arbitrator shall have no power to add to, if subtract from, or modify any of the terms of this Agreement. The decision of the arbitrator shall be final and binding on both parties. The fees and expenses of the arbitrator shall be shared equally by the Board is not satisfactory to and the Association, the grievance may . All other expenses shall be submitted to arbitration before an impartial arbitrator selected borne by the partiesparty incurring them, and neither party shall be responsible for the expenses of witnesses called by the other. If either party wants an official transcript of the parties cannot agree as to proceedings, then said party shall pay the arbitrator, he full cost. No decision in any case shall be selected by the American Arbitration Association require a retroactive adjustment in accord with its rules which shall likewise govern the arbitration hearingany other case. The arbitrator shall have no power to alter, add establish salary scales. The arbitrator shall have no power to rule on any of the following: The termination of or subtract from decision not to re-employ any probationary teacher. Failure to re-employ any teacher to an extra contract assignment. For the terms purpose of this Agreementprovision, re-employ shall include any position within a sport (e.g., football) within an education level (i.e., high school, middle school or elementary) or a non-coaching position within an educational level that the teacher previously held. Both parties agree to be bound Any matter covered under the Teacher Tenure Act. (Act IV, Public Acts, Extra Session of 1937 of Michigan, as amended). The use of teacher evaluation form agreed upon by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdictionparties (see Appendix D).
E. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost.
F. I. The costs of any arbitration under time limits provided in this Article shall be shared equally strictly observed but may be extended by both parties involvedwritten agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board and Association shall use their best efforts to process such grievance prior to the Association.
G. For administrative convenienceend of the school term or as soon thereafter as may be possible. Failure to institute a grievance or appeal a decision within the time specified shall be deemed acceptance of the decision at that level. Should the Association withdraw a grievance at any level, no further proceedings shall be had. If the Board fails to comply with any time limit, the Board may cause complaints which may be the subject of grievances under this Article first to be presented grievance shall automatically advance to the principal for informal processing, in an effort to reduce the number next step of formal grievances handled under the professional grievance procedure herein established. The parties shall mutually work out procedures for such informal processing upon request, but exhaustion of such informal procedures shall not be required as a condition precedent to invoking the grievance procedure. For purposes herein, “days” shall mean teacher days during the school year and those days on which the District’s Administration Office is scheduled for work between Monday and Friday (both inclusive) during the non-school year.
H. If the grievance is not filed within the time line, the grievance is considered waived. If determination is not made within the allotted time periods listed above, the solution sought is granted. Workdays are defined as weekdays excluding Saturdays, Sundays, and holidays.
Appears in 1 contract
Samples: Master Agreement
