Common use of Rights of the Grievant Clause in Contracts

Rights of the Grievant. 1. A grievant shall make every attempt to resolve the problem through discussion with his/her principal or immediate supervisor. If the grievance arises from the actions of an authority higher than the principal or supervisor, the grievant shall make every attempt to resolve the problem through discussion with the Superintendent. If this matter is still not resolved, a formal grievance may be filed in writing in accordance with the formal grievance procedure. The grievant may appear on his/her own behalf or may be represented and/or accompanied at any and all steps of the grievance procedure by an Association representative(s), and/or by counsel, and/or by any other person(s) of his/her choice except that he/she may not be represented by an officer or employee of any teachers' organization other than the Association and its affiliates. The Principal or supervisor, Superintendent, and/or Board have the same rights to representation as the grievant. 2. During a formal grievance procedure the Association President shall receive notice of each meeting held to resolve the grievance and shall be given a copy of the recommended disposition of such grievance at each step. Such written notice and disposition shall be made at the same time and in the same manner as such notice or disposition is required to be sent to the grievant. 3. The fact that an employee files a grievance shall not be recorded in his/her personnel file or in any file used in the transfer, assignment, or promotion process. Nor shall the fact that the employee filed a grievance be used in any recommendation for other employment. Nor shall the grievant, the Association or its officers be placed in jeopardy or be the object of reprisal or discrimination having followed this grievance procedure. 4. If a grievance appears to arise from the actions of an authority higher than the principal of a school or of an authority higher than a supervisor, or if it affects a group or class of any employees, it may be submitted directly at Step II-B of the grievance procedure as hereinafter described. 5. The purpose of these procedures is to secure, at the lowest possible admini- strative level, satisfactory solutions to grievances.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

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Rights of the Grievant. 1. A grievant shall make every attempt to resolve the problem through discussion with his/her principal or immediate supervisor. If the grievance arises from the actions of an authority higher than the principal or supervisor, the grievant shall make every attempt to resolve the problem through discussion with the Superintendent. If this matter is still not resolved, a formal grievance may be filed in writing in accordance with the formal grievance procedure. The grievant may appear on his/her his own behalf or may be represented and/or accompanied at any and all steps of the grievance procedure by an Association representative(s), and/or by counsel, and/or Grievance Procedure by any other person(s) representative of the bargaining agent. [as defined above.] A grievant shall have the right to present a claim in accordance with the procedure described herein, free from interference, coercion, restraint, discrimination, or reprisal, subject to the right of the bargaining agent to be present at all stages of the grievance and offer testimony or otherwise state its position and provided that the settlement is not inconsistent with the terms of the agreement. In addition, the Association shall be notified in writing as to the disposition of the grievance and the terms of the settlement. Nothing contained herein shall limit or otherwise exclude any grievant from seeking redress from any governmental agency, regulatory body, or any court of law with jurisdiction to this school district. No grievance may be submitted to arbitration without the consent of the bargaining agent. 1. Grievances related to Board policies and/or administrative procedures may be processed only to the Board of Education (Step III)]. Once the grievant has elected to be represented by the Association, all communications from the Board or Administration shall be directed only to the Association representative and to the grievant(s). Unless the parties mutually agree otherwise, the president of the Association or his/her choice except that hedesignee, the grievant and his/she her representative shall receive reasonable prior notice in advance of each meeting/hearing held with a grievant after the grievance has been formally filed. The Association may not be represented advance to arbitration any grievance(s) filed and later dropped by an officer or employee of any teachers' organization other than a grievant [if the Association and its affiliates. The Principal or supervisor, Superintendent, and/or Board have the same rights to representation as the is also a named grievant. 2. During a formal grievance procedure the Association President shall receive notice of each meeting held to resolve the grievance and shall be given a copy of the recommended disposition of such grievance at each step. Such written notice and disposition shall be made at the same time and in the same manner as such notice or disposition is required to be sent to the grievant. 3]. The fact that an employee a grievant files a grievance shall not be recorded in his/her personnel the grievant's personal file or in any file used in the transfer, assignment, or promotion process. Nor ; nor shall the such fact that the employee filed a grievance be used in any recommendation for re-employment or recommendation for other employment. Nor employment unless otherwise requested by the staff member involved; nor shall the grievant, the Association or its officers grievant be placed in jeopardy or be the object of subject for reprisal or discrimination of any kind for having followed or utilized this grievance procedure. 4Grievance Procedure. If a grievance appears to arise from the actions of an authority higher than the principal of a school or of an authority higher than a supervisor, or if it immediate supervisor and/or affects a group or class of any employeesmembers of the Association, it may be submitted directly at Step II described herein and the processing of such grievance shall commence at Step II-B . The Board and the Administration will cooperate with the Association in its investigation of any grievance and further will furnish the Association such information as is requested for the processing of any grievance. Grievances may be presented and handled during regular working hours. However, the processing of a grievance shall generally be scheduled around or outside of the normal school hours where bargaining unit members have supervisory responsibility for pupils. Other times for hearings and meetings shall be set by mutual agreement of the parties. However, should the investigation and/or processing of any grievance require the release from regular duties/assignments of a bargaining unit member(s) and/or Association representative(s) he/she shall be released without loss of pay or benefits. Hearings held under this procedure as hereinafter describedshall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses, entitled or required to be present to attend. Each hearing held under this procedure shall be structured so that due process is accorded to both sides. Each hearing shall have provision for: initial presentation of the grievant's case, presentation of the administration's response/case, cross examination and/or questioning of witnesses or representatives, and final summaries, with either party having the right at its option to waive any or all of the foregoing. Nothing in this contract shall bind the Association from exercising discretion in resolving to pursue or not to pursue a grievance at any level. A grievance may be withdrawn at any level without prejudice or record. Time limits specified herein are considered maximum; however, they may be extended by written agreement of the parties. 5. The purpose of these procedures is to secure, at the lowest possible admini- strative level, satisfactory solutions to grievances.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Rights of the Grievant. 1. A grievant shall make every attempt to resolve the problem through discussion with his/her principal or immediate supervisor. If the grievance arises from the actions of an authority higher than the principal or supervisor, the grievant shall make every attempt to resolve the problem through discussion with the Superintendent. If this matter is still not resolved, a formal grievance may be filed in writing in accordance with the formal grievance procedure. The grievant may appear on his/her his own behalf or may be represented and/or accompanied at any and all steps of the grievance procedure by an Association representative(s), and/or by counsel, and/or Grievance Procedure by any other person(s) representative of the bargaining agent. [as defined above.] A grievant shall have the right to present a claim in accordance with the procedure described herein, free from interference, coercion, restraint, discrimination, or reprisal, subject to the right of the bargaining agent to be present at all stages of the grievance and offer testimony or otherwise state its position and provided that the settlement is not inconsistent with the terms of the agreement. In addition, the Association shall be notified in writing as to the disposition of the grievance and the terms of the settlement. Nothing contained herein shall limit or otherwise exclude any grievant from seeking redress from any governmental agency, regulatory body, or any court of law with jurisdiction to this school district. 1. Grievances related to Board policies and/or administrative procedures may be processed only to the Board of Education (Step III)]. Once the grievant has elected to be represented by the Association, all communications from the Board or Administration shall be directed only to the Association representative and to the grievant(s). Unless the parties mutually agree otherwise, the president of the Association or his/her choice except that hedesignee, the grievant and his/she her representative shall receive reasonable prior notice in advance of each meeting/hearing held with a grievant after the grievance has been formally filed. The Association may not be represented advance to arbitration any grievance(s) filed and later dropped by an officer or employee of any teachers' organization other than a grievant [if the Association and its affiliates. The Principal or supervisor, Superintendent, and/or Board have the same rights to representation as the is also a named grievant. 2. During a formal grievance procedure the Association President shall receive notice of each meeting held to resolve the grievance and shall be given a copy of the recommended disposition of such grievance at each step. Such written notice and disposition shall be made at the same time and in the same manner as such notice or disposition is required to be sent to the grievant. 3]. The fact that an employee a grievant files a grievance shall not be recorded in his/her personnel the grievant's personal file or in any file used in the transfer, assignment, or promotion process. Nor ; nor shall the such fact that the employee filed a grievance be used in any recommendation for re-employment or recommendation for other employment. Nor employment unless otherwise requested by the staff member involved; nor shall the grievant, the Association or its officers grievant be placed in jeopardy or be the object of subject for reprisal or discrimination of any kind for having followed or utilized this grievance procedure. 4Grievance Procedure. If a grievance appears to arise from the actions of an authority higher than the principal of a school or of an authority higher than a supervisor, or if it immediate supervisor and/or affects a group or class of any employeesmembers of the Association, it may be submitted directly at Step II described herein and the processing of such grievance shall commence at Step II-B . The Board and the Administration will cooperate with the Association in its investigation of any grievance and further will furnish the Association such information as is requested for the processing of any grievance. Grievances may be presented and handled during regular working hours. However, the processing of a grievance shall generally be scheduled around or outside of the normal school hours where bargaining unit members have supervisory responsibility for pupils. Other times for hearings and meetings shall be set by mutual agreement of the parties. However, should the investigation and/or processing of any grievance require the release from regular duties/assignments of a bargaining unit member(s) and/or Association representative(s) he/she shall be released without loss of pay or benefits. Hearings held under this procedure as hereinafter describedshall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses, entitled or required to be present to attend. Each hearing held under this procedure shall be structured so that due process is accorded to both sides. Each hearing shall have provision for: initial presentation of the grievant's case, presentation of the administration's response/case, cross examination and/or questioning of witnesses or representatives, and final summaries, with either party having the right at its option to waive any or all of the foregoing. Nothing in this contract shall bind the Association from exercising discretion in resolving to pursue or not to pursue a grievance at any level. A grievance may be withdrawn at any level without prejudice or record. Time limits specified herein are considered maximum; however, they may be extended by written agreement of the parties. 5. The purpose of these procedures is to secure, at the lowest possible admini- strative level, satisfactory solutions to grievances.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Rights of the Grievant. 1. A. A grievant shall make every attempt to resolve the problem through discussion with his/her principal or immediate supervisor. If the grievance arises from the actions of an authority higher than the principal or supervisor, the grievant shall make every attempt to resolve the problem through discussion with the Superintendent. If this matter is still not resolved, a formal grievance may be filed in writing in accordance with the formal grievance procedure. The grievant may appear on his/her own behalf or may be represented and/or accompanied at any and all steps of the grievance procedure Grievance Procedure, excepting Step 1 by an Association representative(s)the bargaining agent, and/or or by counsel, and/or or by any other person(s) person of the aggrieved’s choice. B. A grievant shall have the right to present a claim in accordance with the procedure described herein, free from interference, coercion, restraint, discrimination, or reprisal. C. The grievant shall not be denied his/her choice except that he/she may not be represented legal rights under law; provided however, upon filing a complaint by an officer the grievant or employee of any teachers' organization other than the Association and its affiliates. The Principal or supervisor, Superintendent, and/or Board have the same rights to representation as on the grievant’s behalf, in any court of competent jurisdiction demanding relief upon a matter which is the subject of a pending grievance such filing shall be deemed a waiver of the rights granted herein and the grievance shall be dismissed. 2. During a formal D. No grievance procedure may be submitted to arbitration without the Association President shall receive notice of each meeting held to resolve the grievance and shall be given a copy consent of the recommended disposition of such grievance at each step. Such written notice and disposition shall be made at the same time and in the same manner as such notice or disposition is required to be sent to the grievantbargaining agent. 3. The fact that an employee files a grievance shall not be recorded in his/her personnel file or in any file used in the transfer, assignment, or promotion process. Nor shall the fact that the employee filed a grievance be used in any recommendation for other employment. Nor shall the grievant, the Association or its officers be placed in jeopardy or be the object of reprisal or discrimination having followed this grievance procedure. 4. E. If a grievance appears to arise from the actions of an authority higher than the principal of a school or of an authority higher than a supervisor, or if it immediate supervisor and/or affects a group of members or class of any employeesthe bargaining agent, it may be submitted directly at Step II-B II described herein. F. Any grievance not settled at an informal level shall be reduced to writing, shall state such relief sought, and the specific section or sections of the grievance procedure as hereinafter describedagreement violated, misinterpreted or misapplied. 5G. A grievant shall not be placed in jeopardy or be subject for reprisal or discrimination for having followed or utilized the Grievance Procedure. H. Copies of the documents pertaining to a grievance which has been filed shall be placed only in the confidential files of the Superintendent’s office and president of the Association. The purpose treasurer shall make these available only to members of these procedures is to securethe Board, at the lowest possible admini- strative levelSuperintendent, satisfactory solutions to grievancesand/or by Court Order. All proceedings except the disposition shall be destroyed after seven (7) years and the material contained in the final disposition shall be destroyed after ten (10) years.

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

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Rights of the Grievant. 1. a. A grievant shall make every attempt to resolve the problem through discussion with his/her principal or immediate supervisor. If the grievance arises from the actions of an authority higher than the principal or supervisor, the grievant shall make every attempt to resolve the problem through discussion with the Superintendent. If this matter is still not resolved, a formal grievance may be filed in writing in accordance with the formal grievance procedure. The grievant may appear on his/her his own behalf or may be represented and/or accompanied at any and all steps of the grievance procedure Grievance Procedure, by an Association representative(s)the bargaining agent, and/or or by counsel, and/or or by any other person(s) person of his/her choice except that he/she may not be represented by an officer or employee of any teachers' organization other than the Association and its affiliatesaggrieved’s choice. The Principal or supervisor, Superintendent, and/or Board have the same rights to representation as the grievant. 2Association will be notified of all formal meetings at Steps I-III. During a formal The submission of all grievance procedure the Association President shall receive notice of each meeting held to resolve the grievance and shall report forms must be given a copy of the recommended disposition of such grievance acknowledged at each step. Such written notice and disposition shall be made at the same time and in the same manner as such notice or disposition is required to be sent to the grievant. 3. The fact that an employee files b. A grievant shall have the right to present a grievance shall not be recorded claim in his/her personnel file or in any file used in accordance with the transferprocedure described herein, assignmentfree from interference, coercion, restraint, discrimination, or promotion process. Nor shall the fact that the employee filed a grievance be used in any recommendation for other employment. Nor shall the grievant, the Association or its officers be placed in jeopardy or be the object of reprisal or discrimination having followed this grievance procedurereprisal. 4. c. Nothing contained herein shall limit or otherwise exclude any grievant from seeking redress from any governmental agency, regulatory body, or any court of law with jurisdiction over this school district. d. No grievance may be submitted to arbitration without the consent of the bargaining agent. e. If a grievance appears to arise from the actions of an authority higher than the principal of a school or of an authority higher than a supervisor, or if it immediate supervisor and/or affects a group of members or class of any employeesthe bargaining agent, it may be submitted directly at Step II-B II described herein. f. Any grievance not settled at an informal level shall be reduced to writing, shall state such relief sought, and the specific section or sections of the grievance procedure as hereinafter describedagreement violated, misinterpreted or misapplied. 5g. Any grievance may be dealt with by the grievant seeking redress with the immediate supervisor; however, this informal procedure does not preclude the filing of any grievance at any appropriate formal step. The purpose of these procedures is to secure, resolution at the lowest possible admini- strative levelinformal step shall not create precedent(s) for the Board or the Association. h. A grievant shall not be placed in jeopardy or be subject for reprisal or discrimination for having followed or utilized this Grievance Procedure. i. Copies of the documents pertaining to a grievance which have been filed shall be placed only in the confidential files of the Treasurer of the Board and President of the Association. The Treasurer shall make these available only to members of the Board, satisfactory solutions to grievancesthe Superintendent, and/or by Court order. All proceedings shall be destroyed after three (3) years.

Appears in 1 contract

Samples: Master Agreement

Rights of the Grievant. 1. A. A grievant shall make every attempt to resolve the problem through discussion with his/her principal or immediate supervisor. If the grievance arises from the actions of an authority higher than the principal or supervisor, the grievant shall make every attempt to resolve the problem through discussion with the Superintendent. If this matter is still not resolved, a formal grievance may be filed in writing in accordance with the formal grievance procedure. The grievant may appear on his/her own behalf or may be represented and/or accompanied at any and all steps of the grievance procedure Grievance Procedure, excepting Step 1 by an Association representative(s)the bargaining agent, and/or or by counsel, and/or or by any other person(s) person of the aggrieved’s choice. B. A grievant shall have the right to present a claim in accordance with the procedure described herein, free from interference, coercion, restraint, discrimination, or reprisal. C. The grievant shall not be denied his/her choice except that he/she may not be represented legal rights under law; provided however, upon filing a complaint by an officer the grievant or employee of any teachers' organization other than the Association and its affiliates. The Principal or supervisor, Superintendent, and/or Board have the same rights to representation as on the grievant’s behalf, in any court of competent jurisdiction demanding relief upon a matter which is the subject of a pending grievance such filing shall be deemed a waiver of the rights granted herein and the grievance shall be dismissed. 2. During a formal D. No grievance procedure may be submitted to arbitration without the Association President shall receive notice of each meeting held to resolve the grievance and shall be given a copy consent of the recommended disposition of such grievance at each step. Such written notice and disposition shall be made at the same time and in the same manner as such notice or disposition is required to be sent to the grievantbargaining agent. 3. The fact that an employee files a grievance shall not be recorded in his/her personnel file or in any file used in the transfer, assignment, or promotion process. Nor shall the fact that the employee filed a grievance be used in any recommendation for other employment. Nor shall the grievant, the Association or its officers be placed in jeopardy or be the object of reprisal or discrimination having followed this grievance procedure. 4. E. If a grievance appears to arise from the actions of an authority higher than the principal of a school or of an authority higher than a supervisor, or if it immediate supervisor and/or affects a group of members or class of any employeesthe bargaining agent, it may be submitted directly at Step II-B II described herein. F. Any grievance not settled at an informal level shall be reduced to writing, shall state such relief sought, and the specific section or sections or the agreement violated, misinterpreted or misapplied. G. A grievant shall not be placed in jeopardy or be subject for reprisal or discrimination for having followed or utilized the Grievance Procedure. H. Copies of the documents pertaining to a grievance procedure as hereinafter described. 5which has been filed shall be placed only in the confidential files of the superintendent’s office and president of the Association. The purpose treasurer shall make these available only to members of these procedures is to securethe Board, at the lowest possible admini- strative levelsuperintendent, satisfactory solutions to grievancesand/or by Court Order. All proceedings except the disposition shall be destroyed after seven (7) years and the material contained in the final disposition shall be destroyed after ten (10) years.

Appears in 1 contract

Samples: Negotiated Agreement

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