Common use of Professional Grievance Negotiations Procedure Clause in Contracts

Professional Grievance Negotiations Procedure. A. A claim by a teacher that there has been a violation, misinterpretation or misapplication of any express provision of the Agreement may be processed as a grievance as hereinafter provided. B. The number of days indicated at each step of the Grievance Procedure shall be considered as maximum, and every effort should be made to expedite the grievance process. Any time may be extended by mutual consent. C. Timelines shall be strictly followed. The failure of an aggrieved person to file or proceed from one step of the Grievance Procedure to the next step within the time limits set forth shall be deemed to be an acceptance of the decision previously rendered and shall constitute a waiver of any future appeal concerning the particular grievance. D. The failure of an Administrator to communicate his/her decision to the teacher within the specified time limits shall permit the teacher and/or Association to proceed to the next step in the Grievance Procedure. E. In the handling and processing of a grievance, the following procedure shall apply: Level One A teacher believing himself/herself wronged by an alleged violation of the express provisions of this contract shall within fifteen (15) days of its alleged occurrence orally discuss the grievance with the building principal in an attempt to resolve same. If no resolution is obtained within three (3) days of the discussion, the teacher shall reduce the grievance to writing and proceed within five (5) days of said discussion to Level Two. Written grievances as required herein shall contain the following: 1. It shall be signed by the grievant(s) or a representative of the Association; 2. It shall be specific; 3. It shall contain a synopsis of the facts giving rise to the alleged violation; 4. It shall cite the section or subsection of this contract alleged to have been violated; 5. It shall contain the date of the alleged violation; 6. It shall specify the relief requested. 7. It shall specify if the grievance is represented by the Association. A copy of the written grievance shall be filed with the building Principal and the Superintendent as specified in Level One with the endorsement thereon of the approval or disapproval of the Association. Within ten (10) days of receipt of the grievance, the Superintendent shall arrange a meeting with the grievant(s) and/or the Association secretary at the option of the grievant(s) to discuss the grievance. Within five (5) days of the discussion, the Superintendent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association secretary, the building principal in which the grievance arose, and place a copy of the same in a permanent file in his/her office. If no decision is rendered within five (5) days of the discussion, or the decision is unsatisfactory to the grievant and the Association, the grievant may appeal same to the Board of Education by filing a written grievance along with the decision of the Superintendent with the officer of the Board in charge of drawing up the agenda for the Board's meeting not less than thirty (30) days prior to the next regularly scheduled Board meeting. Upon proper application as specified in Level Two, the Board shall allow the teacher or his/her Association representative an opportunity to be heard at the meeting for which the grievance was scheduled. This scheduling is to be within sixty (60) days of submission of grievance to the Board. At the next regulary scheduled meeting following the hearing of the grievance, the Board shall render its decision in writing. The Board may hold future hearings therein, may designate one or more of its members to hold future hearings therein or otherwise investigate the grievance, provided, however, that in no event except with express written consent of the Association shall determination of the grievance be made by the Board more than sixty (60) days after the initial hearing. Such hearing(s) by the Board shall be private on the written request of the grievant, provided that an exception to the Open Meetings Act applies. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing and the President of the Association. Grievances not represented by the Association may not be submitted to arbitration. If the grievance remains unresolved at the conclusion of Step Three, it may be submitted for arbitration at the request of either party, provided written notice of the request for submission to arbitration is delivered to the Board or Association within fifteen (15) days after the date of the decision under Step Three. Following the written notice of request for submission to binding arbitration, the Association and a representative of the Board shall attempt to select an arbitrator. If mutual agreement on the selection of an arbitrator cannot be reached within five (5) days after the date of the request for submission to arbitration, the Association shall have ten (10) days to file a demand for arbitration with the American Arbitration Association. The arbitrator shall then be selected by the American Arbitration Association in accordance with its rules which shall likewise govern the arbitration hearing. Neither party shall be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other.

Professional Grievance Negotiations Procedure. A. A claim by a teacher that there has been a violation, misinterpretation misinterpretation, or misapplication of any express provision of the Agreement may be processed as a grievance as hereinafter providedprovided in this Article. B. The number of days indicated at each step of the Grievance Procedure shall be considered as maximum, and every effort should be made to expedite the grievance process. Any time may be extended by mutual consent. C. Timelines shall be strictly followed. The failure of an aggrieved person to file or proceed from one step of the Grievance Procedure to the next step within the time limits set forth shall be deemed to be an acceptance of the decision previously rendered and shall constitute a waiver of any future appeal concerning the particular grievance. D. The failure of an Administrator to communicate his/her decision to the teacher within the specified time limits shall permit the teacher and/or Association to proceed to the next step in the Grievance Procedure. E. In the handling and processing of a grievance, the following procedure shall apply: Level One A teacher believing himself/herself wronged by an alleged violation of the express provisions of this contract shall within fifteen (15) days of its alleged occurrence orally discuss the grievance with the building principal in an attempt to resolve same. If no resolution is obtained within three (3) days of the discussion, the teacher shall reduce the grievance to writing and proceed within five (5) days of said discussion to Level Two. Written grievances as required herein shall contain the followingshall: 1. It shall be Be signed by the grievant(s) or a representative of the Association; 2. It shall be Be specific; 3. It shall contain Contain a synopsis of the facts giving rise to the alleged violation; 4. It shall cite Cite the section or subsection of this contract Agreement alleged to have been violated; 5. It shall contain Contain the date of the alleged violation; 6. It shall specify Specify the relief requested. 7. It shall specify Specify if the grievance is represented by the Association. Level Two A copy of the written grievance shall be filed with the building Building Principal and the Superintendent as specified in Level One with the endorsement thereon of the approval or disapproval of the Association. Within ten (10) days of receipt of the grievance, the Superintendent shall arrange a meeting with the grievant(s) and/or the Association secretary at the option of the grievant(s) to discuss the grievance. Within five (5) days of the discussion, the Superintendent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association secretary, the building Building principal in which the grievance arose, and place a copy of the same in a permanent file in his/her office. If no decision is rendered within five (5) days of the discussion, or the decision is unsatisfactory to the grievant and the Association, the grievant may appeal same to the Board of Education by filing a written grievance along with the decision of the Superintendent with the officer of the Board in charge of drawing up the agenda for the Board's meeting not less than thirty (30) days prior to before the next regularly scheduled Board meeting. Level Three Upon proper application as specified in Level Two, the Board shall allow the teacher or his/her Association representative an opportunity to be heard at the meeting for which the grievance was scheduled. This scheduling is to be within sixty (60) days of submission of grievance to the Board. At the next regulary regularly scheduled meeting following the hearing of the grievance, the Board shall render its decision in writing. The Board may hold future hearings therein, may designate one or more of its members to hold future hearings therein or otherwise investigate the grievance, provided, however, that in no event except with express written consent of the Association shall determination of the grievance be made by the Board more than sixty (60) days after the initial hearing. Such hearing(s) by the Board shall be private on the written request of the grievant, provided that an exception to the Open Meetings Act appliespermits a closed session meeting for that purpose. A copy of the Board’s written decision of the Board shall be forwarded to the Superintendent for permanent filing and the President of the Association. Level Four Grievances not represented by the Association may not be submitted to arbitration. If the grievance remains unresolved at the conclusion of Step Three, it may be submitted for arbitration at the request of either party, provided written notice of the request for submission to arbitration is delivered to the Board or Association within fifteen (15) days after the date of the decision under Step Three. Following the written notice of request for submission to binding arbitration, the Association and a representative of the Board shall attempt to select an arbitrator. If mutual agreement on the selection of an arbitrator cannot be reached within five (5) days after the date of the request for submission to arbitration, the Association shall have ten (10) days to file a demand for arbitration with the American Arbitration Association. The arbitrator shall then be selected by the American Arbitration Association in accordance with its rules which shall likewise govern the arbitration hearing. Neither party shall be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other.

Professional Grievance Negotiations Procedure. A. A claim by a teacher that there has been a violation, misinterpretation misinterpretation, or misapplication of any express provision of the Agreement may be processed as a grievance as hereinafter providedprovided in this Article. B. The number of days indicated at each step of the Grievance Procedure shall be considered as maximum, and every effort should be made to expedite the grievance process. Any time may be extended by mutual consent. C. Timelines shall be strictly followed. The failure of an aggrieved person to file or proceed from one step of the Grievance Procedure to the next step within the time limits set forth shall be deemed to be an acceptance of the decision previously rendered and shall constitute a waiver of any future appeal concerning the particular grievance. D. The An Administrator’s failure of an Administrator to communicate his/her decision to the teacher within the specified time limits shall permit the teacher and/or Association to proceed to the next step in the Grievance Procedure. E. In the handling and processing of a grievance, the following procedure shall apply: Level One – Building Principal A teacher believing himself/herself wronged by an alleged violation of the express provisions of this contract shall within fifteen (15) days of its alleged occurrence orally discuss the grievance with the building principal in an attempt to resolve the same. If no resolution is obtained within three (3) days of the discussion, the teacher shall reduce the grievance to writing and proceed within five (5) days of said discussion to Level Two. Written grievances as required herein shall contain the followingshall: 1. It shall be Be signed by the grievant(s) or a representative of the Association; 2. It shall be Be specific; 3. It shall contain Contain a synopsis of the facts giving rise to the alleged violation; 4. It shall cite Cite the section or subsection of this contract Agreement alleged to have been violated; 5. It shall contain Contain the date of the alleged violation; 6. It shall specify Specify the relief requested.; and 7. It shall specify Specify if the grievance is represented by the Association. Level Two – Superintendent A copy of the written grievance shall be filed with the building Building Principal and the Superintendent as specified in Level One with the endorsement thereon of the Association’s approval or disapproval of the Associationdisapproval. Within ten (10) days of receipt of the grievance, the Superintendent shall arrange a meeting with the grievant(s) and/or the Association secretary at the option of the grievant(s) to discuss the grievance. Within five (5) days of the discussion, the Superintendent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association secretary, the building principal in which the grievance arose, and place a copy of the same in a permanent file in his/her the Superintendent’s office. If no decision is rendered within five (5) days of the discussion, or the decision is unsatisfactory to the grievant and the Association, the grievant may appeal same to the Board of Education by filing a written grievance along with the decision of the Superintendent with the officer of the Board in charge of drawing up the agenda for the Board's meeting not less than thirty (30) days prior to before the next regularly scheduled Board meeting. Level Three – Board of Education Upon proper application as specified in Level Two, the Board shall allow the teacher or his/her Association representative an opportunity to be heard at the meeting for which the grievance was scheduled. This scheduling is to be within sixty (60) days of submission of grievance to the Board. At the next regulary regularly scheduled meeting following the hearing of the grievance, the Board shall render its decision in writing. The Board may hold future hearings therein, may designate one or more of its members to hold future hearings therein or otherwise investigate the grievance, ; provided, however, that in no event except with express written consent of the Association shall determination of the grievance be made by the Board more than sixty (60) days after the initial hearing. Such hearing(s) by the Board shall be private on the written request of the grievant, provided that an exception to the Open Meetings Act appliespermits a closed session meeting for that purpose. A copy of the Board’s written decision of the Board shall be forwarded to the Superintendent for permanent filing and the President of the Association. Level Four – Arbitration Grievances not represented by the Association may not be submitted to arbitration. If the grievance remains unresolved at the conclusion of Step Three, it may be submitted for arbitration at the request of either party, provided written notice of the request for submission to arbitration is delivered to the Board or Association within fifteen (15) days after the date of the decision under Step Three. Following the written notice of request for submission to binding arbitration, the Association and a Board representative of the Board shall attempt to select an arbitrator. If mutual agreement on the selection of an arbitrator cannot be reached within five (5) days after the date of the request for submission to arbitration, the Association shall have ten (10) days to file a demand for arbitration with the American Arbitration Association. The arbitrator shall then be selected by the American Arbitration Association in accordance with its rules which shall likewise govern the arbitration hearing. Neither party shall be permitted to assert in such the arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other.

Professional Grievance Negotiations Procedure. A. A claim by a teacher that there has been a violation, misinterpretation or misapplication of any express provision of the Agreement may be processed as a grievance as hereinafter provided. B. The number of days indicated at each step of the Grievance Procedure shall be considered as maximum, and every effort should be made to expedite the grievance process. Any time may be extended by mutual consent. C. Timelines shall be strictly followed. The failure of an aggrieved person to file or proceed from one step of the Grievance Procedure to the next step within the time limits set forth shall be deemed to be an acceptance of the decision previously rendered and shall constitute a waiver of any future appeal concerning the particular grievance. D. The failure of an Administrator to communicate his/her decision to the teacher within the specified time limits shall permit the teacher and/or Association to proceed to the next step in the Grievance Procedure. E. In the handling and processing of a grievance, the following procedure shall apply: Level One A teacher believing himself/herself wronged by an alleged violation of the express provisions of this contract shall within fifteen (15) days of its alleged occurrence orally discuss the grievance with the building principal in an attempt to resolve same. If no resolution is obtained within three (3) days of the discussion, the teacher shall reduce the grievance to writing and proceed within five (5) days of said discussion to Level Two. Written grievances as required herein shall contain the following: 1. It shall be signed by the grievant(s) or a representative of the Association; 2. It shall be specific; 3. It shall contain a synopsis of the facts giving rise to the alleged violation; 4. It shall cite the section or subsection of this contract alleged to have been violated; 5. It shall contain the date of the alleged violation; 6. It shall specify the relief requested. 7. It shall specify if the grievance is represented by the Association. Level Two A copy of the written grievance shall be filed with the building Principal and the Superintendent as specified in Level One with the endorsement thereon of the approval or disapproval of the Association. Within ten (10) days of receipt of the grievance, the Superintendent shall arrange a meeting with the grievant(s) and/or the Association secretary at the option of the grievant(s) to discuss the grievance. Within five (5) days of the discussion, the Superintendent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association secretary, the building principal in which the grievance arose, and place a copy of the same in a permanent file in his/her office. If no decision is rendered within five (5) days of the discussion, or the decision is unsatisfactory to the grievant and the Association, the grievant may appeal same to the Board of Education by filing a written grievance along with the decision of the Superintendent with the officer of the Board in charge of drawing up the agenda for the Board's meeting not less than thirty (30) days prior to the next regularly scheduled Board meeting. Level Three Upon proper application as specified in Level Two, the Board shall allow the teacher or his/her Association representative an opportunity to be heard at the meeting for which the grievance was scheduled. This scheduling is to be within sixty (60) days of submission of grievance to the Board. At the next regulary scheduled meeting following the hearing of the grievance, the Board shall render its decision in writing. The Board may hold future hearings therein, may designate one or more of its members to hold future hearings therein or otherwise investigate the grievance, provided, however, that in no event except with express written consent of the Association shall determination of the grievance be made by the Board more than sixty (60) days after the initial hearing. Such hearing(s) by the Board shall be private on the written request of the grievant, provided that an exception to the Open Meetings Act applies. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing and the President of the Association. Level Four Grievances not represented by the Association may not be submitted to arbitration. If the grievance remains unresolved at the conclusion of Step Three, it may be submitted for arbitration at the request of either party, provided written notice of the request for submission to arbitration is delivered to the Board or Association within fifteen (15) days after the date of the decision under Step Three. Following the written notice of request for submission to binding arbitration, the Association and a representative of the Board shall attempt to select an arbitrator. If mutual agreement on the selection of an arbitrator cannot be reached within five (5) days after the date of the request for submission to arbitration, the Association shall have ten (10) days to file a demand for arbitration with the American Arbitration Association. The arbitrator shall then be selected by the American Arbitration Association in accordance with its rules which shall likewise govern the arbitration hearing. Neither party shall be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other.