Common use of Provisions Applicable to All Grievances Clause in Contracts

Provisions Applicable to All Grievances. a. The filing or pendency of any grievance under the provisions of this article shall in no way operate to impede, delay or interfere with the right of the School Board to take action complained of, subject however, to the final decision on the grievance. b. Members of the negotiating unit will follow all written and verbal directives, even if such directives are allegedly in conflict with the provisions of this Agreement. Compliance with such directives will not in any way prejudice the employee's right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the grievance. The single exception to the above is a situation where the health or safety of persons involved may be adversely affected. c. The act of filing a grievance is not to be construed as insubordination. d. Any party of interest may be represented at all stages of the grievance procedure by a person of his/her own choosing, except that he/she may not be represented by a representative or an officer of any competing organization. When a party is not represented by the Union, the Union shall have the right to be present and to state its view at all stages. e. Failure at any step of this procedure to communicate the decisions in writing on a grievance within the specified time limits shall permit the aggrieved person to proceed to the next step. Failure at any step of this procedure to appeal the decision to the next step in writing on a grievance within the specified time limits shall be deemed to be acceptance of the decision rendered at that step. f. All documents, communications and records dealing with the processing of a grievance will be filed separately from the personnel files of the participants. g. Forms for processing grievances shall be jointly prepared by the superintendent and the Union. The forms shall be printed by the School Board and given appropriate distribution by the parties so as to facilitate operations of the grievance procedure. h. If any member of the Union's grievance committee is a party in interest to a grievance, he/she shall not serve as the Union's grievance representative in the processing of such grievance. i. The administration will cooperate with the Union in its investigation of any grievance and further, will furnish the Union with such information that is pertinent and available as is requested for the processing of the same grievance. In turn, the Union will furnish the School District with such information that is pertinent and available as is required for the processing of the same grievance. j. Nothing herein contained shall be construed as limiting the right of any person having a grievance to discuss the matter informally with any appropriate member of the administration, and having the grievance adjusted without intervention of the Union, provided the adjustment is not inconsistent with the terms of this Agreement. k. Nothing contained in this article or elsewhere in this Agreement shall be construed to prevent any person from presenting and processing a grievance and having it adjusted without intervention or representation by the Union if the adjustment is not inconsistent with the terms of this Agreement. l. The sole administrative remedy available to any person for any alleged breach of this Agreement or any alleged violation of his/her rights hereunder will be pursuant to the grievance procedure. Any person who has pursued any administrative remedy other than that provided under this grievance procedure should not be entitled to proceed under this grievance procedure. m. In the course of investigation of any grievance, representatives of the Union shall report to the principal of the building being visited and will state the purpose of the visit immediately upon arrival. n. Every effort will be made by all parties to avoid interruption of classroom activities and to avoid involvement of students in all phases of the grievance procedure. Grievance discussions shall not be permitted to take any staff member away from his/her regular responsibilities and student-centered activities. Specifically, this means that no person shall be excused from his/her responsibilities during work time regardless of the complaint or who is involved. Unless special circumstances require otherwise, as determined by the superintendent and the chairman of the grievance committee, grievance hearings should not interfere with the ongoing student-centered activities. o. Where administrative personnel are named in the grievance procedure to receive grievances and they are a party to the grievance, the grievance shall be submitted to the next highest authority. p. The Union agrees that it will not bring or continue and that it will not represent any employee in any grievance which is substantially similar to a grievance denied by the decision of the School Board, and the School Board agrees that it will apply to substantially similar situations the decision of the School Board sustaining a grievance. q. When a grievance is submitted to the superintendent or goes to arbitration, neither party may submit new evidence. Should either party do so, the grievance would have to be remanded to the level where the grievance was originally launched.

Appears in 2 contracts

Samples: Comprehensive Agreement, Comprehensive Agreement

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Provisions Applicable to All Grievances. a. The filing or pendency of any grievance under the provisions of this article shall in no way operate to impede, delay or interfere with the right of the School Board to take action complained of, subject however, to the final decision on the grievance. b. Members of the negotiating unit will follow all written and verbal directives, even if such directives are allegedly in conflict with the provisions of this Agreement. Compliance with such directives will not in any way prejudice the employee's right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the grievance. The single exception to the above is a situation where the health or safety of persons involved may be adversely affected. c. The act of filing a grievance is not to be construed as insubordination. d. Any party of interest may be represented at all stages of the grievance procedure by a person of his/her own choosing, except that he/she may not be represented by a representative or an officer of any competing organization. When a party is not represented by the Union, the Union shall have the right to be present and to state its view at all stages.a e. Failure at any step of this procedure to communicate the decisions in writing on a grievance within the specified time limits shall permit the aggrieved person to proceed to the next step. Failure at any step of this procedure to appeal the decision to the next step in writing on a grievance within the specified time limits shall be deemed to be acceptance of the decision rendered at that step. f. All documents, communications and records dealing with the processing of a grievance will be filed separately from the personnel files of the participants. g. Forms for processing grievances shall be jointly prepared by the superintendent and the Union. The forms shall be printed by the School Board and given appropriate distribution by the parties so as to facilitate operations of the grievance procedure. h. If any member of the Union's grievance committee is a party in interest to a grievance, he/she shall not serve as the Union's grievance representative in the processing of such grievance. i. The administration will cooperate with the Union in its investigation of any grievance and further, will furnish the Union with such information that is pertinent and available as is requested for the processing of the same grievance. In turn, the Union will furnish the School District with such information that is pertinent and available as is required for the processing of the same grievance. j. Nothing herein contained shall be construed as limiting the right of any person having a grievance to discuss the matter informally with any appropriate member of the administration, and having the grievance adjusted without intervention of the Union, provided the adjustment is not inconsistent with the terms of this Agreement. k. Nothing contained in this article or elsewhere in this Agreement shall be construed to prevent any person from presenting and processing a grievance and having it adjusted without intervention or representation by the Union if the adjustment is not inconsistent with the terms of this Agreement. l. The sole administrative remedy available to any person for any alleged breach of this Agreement or any alleged violation of his/her rights hereunder will be pursuant to the grievance procedure. Any person who has pursued any administrative remedy other than that provided under this grievance procedure should not be entitled to proceed under this grievance procedure. m. In the course of investigation of any grievance, representatives of the Union shall report to the principal of the building being visited and will state the purpose of the visit immediately upon arrival. n. Every effort will be made by all parties to avoid interruption of classroom activities and to avoid involvement of students in all phases of the grievance procedure. Grievance discussions shall not be permitted to take any staff member away from his/her regular responsibilities and student-centered activities. Specifically, this means that no person shall be excused from his/her responsibilities during work time regardless of the complaint or who is involved. Unless special circumstances require otherwise, as determined by the superintendent and the chairman of the grievance committee, grievance hearings should not interfere with the ongoing student-centered activities. o. Where administrative personnel are named in the grievance procedure to receive grievances and they are a party to the grievance, the grievance shall be submitted to the next highest authority. p. The Union agrees that it will not bring or continue and that it will not represent any employee in any grievance which is substantially similar to a grievance denied by the decision of the School Board, and the School Board agrees that it will apply to substantially similar situations the decision of the School Board sustaining a grievance. q. When a grievance is submitted to the superintendent or goes to arbitration, neither party may submit new evidence. Should either party do so, the grievance would have to be remanded to the level where the grievance was originally launched.

Appears in 2 contracts

Samples: Comprehensive Agreement, Comprehensive Agreement

Provisions Applicable to All Grievances. a. The filing or pendency of any grievance under the provisions of this article shall in no way operate to impede, delay or interfere with the right of the School Board to take action complained of, subject however, to the final decision on the grievance. b. Members of the negotiating unit will follow all written and verbal directives, even if such directives are allegedly in conflict with the provisions of this Agreement. Compliance with such directives will not in any way prejudice the employee's right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the grievance. The single exception to the above is a situation where the health or safety of persons involved may be adversely affected. c. The act of filing a grievance is not to be construed as insubordination. d. Any party of interest may be represented at all stages of the grievance procedure by a person of his/her own choosing, except that he/she may not be represented by a representative or an officer of any competing organization. When a party is not represented by the Union, the Union shall have the right to be present and to state its view at all stages. e. Failure at any step of this procedure to communicate the decisions in writing on a grievance within the specified time limits shall permit the aggrieved person to proceed to the next step. Failure at any step of this procedure to appeal the decision to the next step in writing on a grievance within the specified time limits shall be deemed to be acceptance of the decision rendered at that step. f. All documents, communications and records dealing with the processing of a grievance will be filed separately from the personnel files of the participants. g. Forms for processing grievances shall be jointly prepared by the superintendent and the Union. The forms shall be printed by the School Board and given appropriate distribution by the parties so as to facilitate operations of the grievance procedure. h. If any member of the Union's grievance committee is a party in interest to a grievance, he/she shall not serve as the Union's grievance representative in the processing of such grievance. i. The administration will cooperate with the Union in its investigation of any grievance and further, will furnish the Union with such information that is pertinent and available as is requested for the processing of the same grievance. In turn, the Union will furnish the School District with such information that is pertinent and available as is required for the processing of the same grievance. j. Nothing herein contained shall be construed as limiting the right of any person having a grievance to discuss the matter informally with any appropriate member of the administration, and having the grievance adjusted without intervention of the Union, provided the adjustment is not inconsistent with the terms of this Agreement. k. Nothing contained in this article or elsewhere in this Agreement shall be construed to prevent any person from presenting and processing a grievance and having it adjusted without intervention or representation by the Union if the adjustment is not inconsistent with the terms of this Agreement. l. The sole administrative remedy available to any person for any alleged breach of this Agreement or any alleged violation of his/her rights hereunder will be pursuant to the grievance procedure. Any person who has pursued any administrative remedy other than that provided under this grievance procedure should not be entitled to proceed under this grievance procedure. m. In the course of investigation of any grievance, representatives of the Union shall report to the principal of the building being visited and will state the purpose of the visit immediately upon arrival. n. Every effort will be made by all parties to avoid interruption of classroom activities and to avoid involvement of students in all phases of the grievance procedure. Grievance discussions shall not be permitted to take any staff member away from his/her regular responsibilities and student-centered activities. Specifically, this means that no person shall be excused from his/her responsibilities during work time regardless of the complaint or who is involved. Unless special circumstances require otherwise, as determined by the superintendent and the chairman of the grievance committee, grievance hearings should not interfere with the ongoing student-centered activities. o. Where administrative personnel are named in the grievance procedure to receive grievances and they are a party to the grievance, the grievance shall be submitted to the next highest authority. p. The Union agrees that it will not bring or continue and that it will not represent any employee in any grievance which is substantially similar to a grievance denied by the decision of the School Board, and the School Board agrees that it will apply to substantially similar situations the decision of the School Board sustaining a grievance. q. When a grievance is submitted to the superintendent or goes to arbitration, neither party may submit new evidence. Should either party do so, the grievance would have to be remanded to the level where the grievance was originally launched.k.

Appears in 1 contract

Samples: Comprehensive Agreement

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Provisions Applicable to All Grievances. a. The filing or pendency of any grievance under the provisions of this article shall in no way operate to impede, delay or interfere with the right of the School Board to take action complained of, subject however, to the final decision on the grievance. b. Members of the negotiating unit will follow all written and verbal directives, even if such directives are allegedly in conflict with the provisions of this Agreement. Compliance with such directives will not in any way prejudice the employee's right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the grievance. The single exception to the above is a situation where the health or safety of persons involved may be adversely affected. c. The act of filing a grievance is not to be construed as insubordination. d. Any party of interest may be represented at all stages of the grievance procedure by a person of his/her own choosing, except that he/she may not be represented by a representative or an officer of any competing organization. When a party is not represented by the Union, the Union shall have the right to be present and to state its view at all stages. e. Failure at any step of this procedure to communicate the decisions in writing on a grievance within the specified time limits shall permit the aggrieved person to proceed to the next step. Failure at any step of this procedure to appeal the decision to the next step in writing on a grievance within the specified time limits shall be deemed to be acceptance of the decision rendered at that step. f. All documents, communications and records dealing with the processing of a grievance will be filed separately from the personnel files of the participants. g. Forms for processing grievances shall be jointly prepared by the superintendent and the Union. The forms shall be printed by the School Board and given appropriate distribution by the parties so as to facilitate operations of the grievance procedure. h. If any member of the Union's grievance committee is a party in interest to a grievance, he/she shall not serve as the Union's grievance representative in the processing of such grievance. i. The administration will cooperate with the Union in its investigation of any grievance and further, will furnish the Union with such information that is pertinent and available as is requested for the processing of the same grievance. In turn, the Union will furnish the School District with such information that is pertinent and available as is required for the processing of the same grievance.. Formatted: Indent: Left: 0.5", No bullets or numbering j. Nothing herein contained shall be construed as limiting the right of any person having a grievance to discuss the matter informally with any appropriate member of the administration, and having the grievance adjusted without intervention of the Union, provided the adjustment is not inconsistent with the terms of this Agreement. k. Nothing contained in this article or elsewhere in this Agreement shall be construed to prevent any person from presenting and processing a grievance and having it adjusted without intervention or representation by the Union if the adjustment is not inconsistent with the terms of this Agreement. l. The sole administrative remedy available to any person for any alleged breach of this Agreement or any alleged violation of his/her rights hereunder will be pursuant to the grievance procedure. Any person who has pursued any administrative remedy other than that provided under this grievance procedure should not be entitled to proceed under this grievance procedure. m. In the course of investigation of any grievance, representatives of the Union shall report to the principal of the building being visited and will state the purpose of the visit immediately upon arrival. n. Every effort will be made by all parties to avoid interruption of classroom activities and to avoid involvement of students in all phases of the grievance procedure. Grievance discussions shall not be permitted to take any staff member away from his/her regular responsibilities and student-centered activities. Specifically, this means that no person shall be excused from his/her responsibilities during work time regardless of the complaint or who is involved. Unless special circumstances require otherwise, as determined by the superintendent and the chairman of the grievance committee, grievance hearings should not interfere with the ongoing student-centered activities. o. Where administrative personnel are named in the grievance procedure to receive grievances and they are a party to the grievance, the grievance shall be submitted to the next highest authority. p. The Union agrees that it will not bring or continue and that it will not represent any employee in any grievance which is substantially similar to a grievance denied by the decision of the School Board, and the School Board agrees that it will apply to substantially similar situations the decision of the School Board sustaining a grievance. q. When a grievance is submitted to the superintendent or goes to arbitration, neither party may submit new evidence. Should either party do so, the grievance would have to be remanded to the level where the grievance was originally launched.

Appears in 1 contract

Samples: Comprehensive Agreement

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