Common use of Section III Clause in Contracts

Section III. A. Level One 1. Within 15 days of the occurrence of the act or condition which is the cause of the grievance or the member's knowledge of same, whichever shall occur later, the member shall request a meeting to discuss their grievance with their immediate supervisor. The immediate supervisor shall schedule this informal meeting within five days of a request from the grievant or grievant's representative. This discussion shall be held either individually or through the school grievance representative or accompanied by a representative, with the objective of resolving the matter informally. If the member fails to initiate action on the grievance within 15 days, they shall be considered to have no grievance. 2. If the grievant is not satisfied with the results of the informal meeting, or no resolution has been offered, they may file a written grievance on the mutually agreed upon grievance form with their immediate supervisor within ten days. This form shall set forth the grounds upon which the grievance is based including the specific article or articles and sections thereof alleged to have been violated and the specific remedy sought as. The immediate supervisor shall communicate their decision in writing within five days of receipt of the grievance form to the grievant and the representative. 3. Within five days of receipt of the decision rendered by the immediate supervisor, the grievant, if they are not satisfied with the decision of the immediate supervisor, may appeal in writing to the Superintendent or the Superintendent's representative unless the Superintendent was the individual at the lowest level who would have the authority to resolve the issue. In this event, the grievant may go to level three. B. Level Two 1. Appeals to the Superintendent, or their representative shall be heard by the Superintendent or their representative within fifteen days of their receipt of the appeal. Written notice of the time and place of the hearing shall be given five days prior to the meeting to the grievant, their representative, or any other person officially involved in the grievance. 2. Attendance at the hearing of appeal shall be restricted to persons officially involved. Parties in interest may elect to call witnesses who shall appear individually at the hearing. 3. Within five days of hearing the appeal, the Superintendent or their representative shall communicate to the grievant and all other parties officially present at the hearing their written decision, which shall include supporting reasons. a. If the grievant is not satisfied with the decision of the Superintendent, they may file a written appeal with the School Board President and the Superintendent within five days from receipt of the Superintendent's decision. The appeal shall state the grievant's reasons for appealing the decision of the Superintendent and request appeal to Level Three.

Section III. A. Level One 1. Within 15 days of the occurrence of the act or condition which is the cause of the grievance or the member's knowledge of same, whichever shall occur later, the member shall request a meeting to discuss their his/her grievance with their his/her immediate supervisor. The immediate supervisor shall schedule this informal meeting within five days of a request from the grievant or grievant's representative. This discussion shall be held either individually or through the school grievance representative or accompanied by a representative, with the objective of resolving the matter informally. If the member fails to initiate action on the grievance within 15 days, they he/she shall be considered to have no grievance. 2. If the grievant is not satisfied with the results of the informal meeting, or no resolution has been offered, they he/she may file a written grievance on the mutually agreed upon grievance form with their his/her immediate supervisor within ten days. This form shall set forth the grounds upon which the grievance is based including the specific article or articles and sections thereof alleged to have been violated and the specific remedy sought as. The immediate supervisor shall communicate their his/her decision in writing within five days of receipt of the grievance form to the grievant and the representative. 3. Within five days of receipt of the decision rendered by the immediate supervisor, the grievant, if they are he/she is not satisfied with the decision of the immediate supervisor, may appeal in writing to the Superintendent or the Superintendent's representative unless the Superintendent was the individual at the lowest level who would have the authority to resolve the issue. In this event, the grievant may go to level three. B. Level Two 1. Appeals to the Superintendent, or their his/her representative shall be heard by the Superintendent or their his/her representative within fifteen days of their his/her receipt of the appeal. Written notice of the time and place of the hearing shall be given five days prior to the meeting to the grievant, their his/her representative, or any other person officially involved in the grievance. 2. Attendance at the hearing of appeal shall be restricted to persons officially involved. Parties in interest may elect to call witnesses who shall appear individually at the hearing. 3. Within five days of hearing the appeal, the Superintendent or their his/her representative shall communicate to the grievant and all other parties officially present at the hearing their his/her written decision, which shall include supporting reasons. C. Level Three a. If the grievant is not satisfied with the decision of the Superintendent, they he/she may file a written appeal with the School Board President and the Superintendent within five days from receipt of the Superintendent's decision. The appeal shall state the grievant's reasons for appealing the decision of the Superintendent and request appeal to Level Three. 1. Within five days of the receipt of the appeal, the School District Board of Directors will notify all official parties of a hearing to be held within 20 days of receipt of the appeal. The Board of Directors shall hear arguments of the Superintendent and the grievant or the grievant's representative. The hearing shall be subject to the State Public Meeting Laws. 2. Within five days following the hearing, the School Board of Directors shall render a decision in writing to all official parties. D. Level Four 1. The Association may continue to submit to final binding arbitration, Level Four, any grievance filed, provided that grievance involves the application or interpretation of any of the provisions of this Agreement but not the application or interpretation of Board approved District Policy or Practice. 2. If the grievant is not satisfied with the disposition of his/her grievance at Level Three, the association may submit the grievance to arbitration. If the Association determines to submit the grievance to arbitration the Association shall so notify the Board within 20 days after School Board Decision. 3. The Association and the District shall attempt to agree upon a mutually acceptable arbitrator within twenty days after notice of submission to arbitration. If the District and the Association are unable to agree upon an arbitrator within this period, either party shall, within an additional five days, in writing, request a list of arbitrators from the State Employment Relations Board (XXX) or the American Arbitration Association (AAA). Selection of the arbitrator and conduct of the hearing shall then be in accordance with the XXX or AAA rules for voluntary labor arbitration. 4. The arbitrator shall establish dates and places of hearings. Upon the request of either party, the arbitrator shall issue subpoenas. The arbitrator may administer oaths and shall afford all parties full opportunity to examine and cross examine all witnesses and to present any evidence pertinent to the dispute. 5. The arbitrator shall have the authority to determine any question of arbitrability raised by either the Association or the District. 6. The arbitrator shall be limited in his/her authority to interpreting and applying the provisions of this Agreement and he/she shall have no authority to add to, subtract from, amend or change this Agreement in any way. 7. The costs for the services of the arbitrator, including per diem expenses, his/her travel and subsistence expenses, the cost of the hearing room, shall be borne equally by the District and the Association. All other expenses shall be borne by the party incurring them.