Stages of Grievance. 5.1 Stage 1: Supervisor a) A teacher having a grievance will discuss it with his or her supervisor, either directly or through a representative, with the objective of resolving the matter informally. The supervisor will confer with all parties in interest but, in arriving at his or her decision, will not consider any material or statements offered by or on behalf of any such party in interest with whom consultation has been had without the aggrieved party or his or her representative present. If the teacher submits the grievance through a representative, the teacher may be present during the discussion of the grievance. b) If the grievance is not resolved informally, it shall be reduced to writing and presented to the supervisor. Within ten (10) school days after the written grievance is presented to him or her, the supervisor shall, without any further consultation with the aggrieved party or any party in interest, render a decision thereon, in writing, and present it to the teacher, his/her representative and the Association. 5.2 Stage 2: Chief Executive Officer a) If the teacher initiating the grievance and/or the Association are not satisfied with the written decision at the conclusion of Stage 1, a written appeal of the decision at Stage 1 with the Chief Executive Officer may be filed within ten (10) school days after the teacher has received such written decision. Copies of the written decision at Stage 1 shall be submitted with the appeal. b) Within ten (10) school days after receipt of the appeal, the Chief Executive Officer, or his duly authorized representative shall hold a hearing with the teacher, his or her representative and all other parties in interest. c) The Chief Executive Officer shall render a decision in writing to the teacher, his or her representative and the Association within ten (10) school days after the conclusion of the hearing. 5.3 Stage 3: Board of Education a) If the teacher and/or the Association are not satisfied with the decision at Stage 2, an appeal may be filed in writing with the Board of Education within fifteen (15) school days after receiving the decision at Stage 2. The official grievance record maintained by the Chief Executive Officer may be available for the Board of Education. b) Within ten (10) school days after receipt of an appeal, the Board of Education or a committee thereof shall hold a hearing on the grievance. The hearing shall be conducted in executive session. c) Within ten (10) school days after the conclusion of the hearing, the Board of Education shall render a decision, in writing, on the grievance. Such decision shall be promptly transmitted to the grievant and all parties in interest. 5.4 Stage 4: Arbitration a) If the Association is not satisfied with the decision of the case at Stage 3, or if no decision has been rendered within ten (10) school days, the Association may within ten (10) school days of the Board’s decision or twenty (20) school days of its meeting with the Board, submit the grievance to arbitration by written notice to the Board. A demand for arbitration must be filed with the American Arbitration Association within twenty (20) school days of the Board’s decision at Stage 3. b) After the demand for arbitration has been made, the parties agree to be bound by the Rules of the American Arbitration Association. c) The Expedited Labor Arbitration Rules of the American Arbitration Association will be used upon mutual agreement. d) The power of the arbitrator stems from this agreement and his or her function is to pass upon alleged violations of this agreement and any disputes with respect to its meaning or application. He or she shall have no power to add to, subtract from or modify any of the terms of this agreement, nor shall he or she have any power or authority to make any decision that requires the commission of any act prohibited by law or that is violate of any of the terms of this Agreement. However, none of the above shall be interpreted so as to prohibit the arbitrator from determining an appropriate remedy if he or she finds a violation of the agreement. e) The decision of the arbitrator shall be submitted to the Board and the Association, and subject to law, shall be final and binding on all parties to the proceeding during the duration of this Agreement. f) The Board and the Association agree that they will be bound by arbitrators’ decision previously rendered in all substantially similar situations. g) Should any costs arise for the services of an arbitrator, they shall be borne equally by the Board and the Association.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Stages of Grievance. 5.1 Stage 1: 1 Supervisor
a) A teacher having a grievance will discuss it with his or his/her supervisor, either directly or through a representative, with the objective of resolving the matter informally. The supervisor will confer with all parties in interest butinterest, but in arriving at his or his/her decision, will not consider any material or statements offered by or on behalf of any such party in interest with whom consultation has been had without the aggrieved party or his or his/her representative present. If the teacher submits the grievance through a representative, the teacher may be present during the discussion of the grievance.
b) If the grievance is not resolved informally, it shall be reduced to writing and presented to the supervisor. Within ten five (105) school days after the written grievance is presented to him or him/her, the supervisor shall, without any further consultation with the aggrieved party or any party in interest, render a decision thereon, in writing, and present it to the teacher, his/her representative and the Association.
5.2 Stage 2: Chief Executive School Officer
a) If the teacher initiating the grievance and/or the Association are is not satisfied with the written decision at the conclusion of Stage 11 and wishes to proceed further under this grievance procedure, the teacher shall, within five (5) school days present the grievance to the Association's Grievance Committee for its consultation.
b) If the Grievance Committee determines that the teacher has a meritorious grievance, then it will file a written appeal of the decision at Stage 1 1, with the Chief Executive School Officer may be filed within ten fifteen (1015) school days after the teacher has received such written decision. Copies of the written decision at Stage 1 shall be submitted with the appeal.
bc) Within ten fifteen (1015) school days after receipt of the appeal, the Chief Executive Officer, School Officer or his his/her duly authorized representative representative, shall hold a hearing with the teacher, his teacher and the Grievance Committee or her its representative and all other parties in interest.
cd) The Chief Executive School Officer shall render a decision in writing to the teacher, his or her the Grievance Committee and its representative and the Association within ten fifteen (1015) school days after the conclusion of the hearing.
5.3 Stage 3: Board of Education
a) If the teacher and/or the and its Association are not satisfied with the decision at Stage stage 2, the Grievance Committee will file an appeal may be filed in writing with the Board of Education within fifteen (15) school days after receiving the decision at Stage 2. The official grievance record maintained by the Chief Executive School Officer may shall be available for the use of the Board of Education.
b) Within thirty (30) days after receipt of an appeal or at the next regularly scheduled Board meeting, whichever comes later, the Board of Education shall hold a hearing on the grievance. The hearings shall be conducted in executive session.
c) Within fifteen (15) days after the conclusion of the hearing, the Board of Education, shall render a decision, in writing, on the grievance.
5.4 Stage 4: Arbitration
a) After such hearing, if the Association is not satisfied with the decision at Stage 3, the Association determines that the grievance is meritorious and that appealing it is in the best interests of the school system, it may submit the grievance to arbitration by written notice to the Board of Education within fifteen (15) school days of the decision at Stage 3.
b) Within ten (10) school days after receipt such written notice of an appealsubmission to arbitration, the Board of Education or and the Association will agree upon a committee thereof shall hold mutually acceptable arbitrator competent in the area of grievance and will obtain a hearing on the grievancecommitment from said arbitrator to serve. The hearing shall be conducted in executive session.
c) Within ten (10) school days after the conclusion of the hearing, the Board of Education shall render a decision, in writing, on the grievance. Such decision shall be promptly transmitted to the grievant and all parties in interest.
5.4 Stage 4: Arbitration
a) If the Association is not satisfied with parties are unable to agree upon an arbitrator or to obtain such a commitment within the decision specified period, a request for a list of the case at Stage 3, or if no decision has been rendered within ten (10) school days, the Association may within ten (10) school days of the Board’s decision or twenty (20) school days of its meeting with the Board, submit the grievance arbitrators will be made to arbitration by written notice to the Board. A demand for arbitration must be filed with the American Arbitration Association within twenty (20) school days of the Board’s decision at Stage 3.
b) After the demand for arbitration has been made, the by either party. The parties agree to will then be bound by the Rules rules and procedures of the American Arbitration AssociationAssociation in the selection of an arbitrator.
c) The Expedited Labor Arbitration Rules selected arbitrator will hear the matter promptly and will issue his/her decision not later than fourteen (14) calendar days from the date of the American Arbitration Association close of the hearing, or, if oral hearings have been waived, then from the date of the final statements and proofs are submitted to him. The arbitrator's decision will be used upon mutual agreementin writing and will set forth his/her findings, of fact, reasoning and conclusions on the issues.
d) The power of the arbitrator stems from this agreement and his or her function is to pass upon alleged violations of this agreement and any disputes with respect to its meaning or application. He or she shall have no power to add to, subtract from or modify any of the terms of this agreement, nor shall he or she have any power or authority to make any a decision that which requires the commission of any an act prohibited by law or that which is violate of any violative of the terms of this the Agreement. However, none of the above shall be interpreted so as to prohibit the arbitrator from determining an appropriate remedy if he or she finds a violation of the agreement.
e) The decision of the arbitrator shall be submitted to the Board and the Association, and subject to law, Arbitrator shall be final and binding on upon all parties to the proceeding during the duration of this Agreementparties.
f) The Board and the Association agree that they will be bound by arbitrators’ decision previously rendered in all substantially similar situations.
g) Should any costs arise for the services of an the arbitrator, they shall including expenses, if any, will be borne equally by the Board of Education and the Association.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Stages of Grievance. 5.1 Stage 1: Supervisor
a) A teacher having a grievance will discuss it with his or her supervisor, either directly or through a representative, with the objective of resolving the matter informally. The supervisor will confer with all parties in interest but, in arriving at his or her decision, will not consider any material or statements offered by or on behalf of any such party in interest with whom consultation has been had without the aggrieved party or his or her representative present. If the teacher submits the grievance through a representative, the teacher may be present during the discussion of the grievance.
b) If the grievance is not resolved informally, it shall be reduced to writing and presented to the supervisor. Within ten (10) school days after the written grievance is presented to him or her, the supervisor shall, without any further consultation with the aggrieved party or any party in interest, render a decision thereon, in writing, and present it to the teacher, his/her his representative and the Association.
5.2 Stage 2: Chief Executive Officer
a) If the teacher initiating the grievance and/or the Association are not satisfied with the written decision at the conclusion of Stage 1, a written appeal of the decision at Stage 1 with the Chief Executive Officer may be filed within ten (10) school days after the teacher has received such written decision. Copies of the written decision at Stage 1 shall be submitted with the appeal.
b) Within ten (10) school days after receipt of the appeal, the Chief Executive Officer, or his duly authorized representative shall hold a hearing with the teacher, his or her representative and all other parties in interest.
c) The Chief Executive Officer shall render a decision in writing to the teacher, his or her representative and the Association within ten (10) school days after the conclusion of the hearing.
5.3 Stage 3: Board of Education
a) If the teacher and/or the Association are not satisfied with the decision at Stage 2, an appeal may be filed in writing with the Board of Education within fifteen (15) school days after receiving the decision at Stage 2. The official grievance record maintained by the Chief Executive Officer may be available for the Board of Education.
b) Within ten (10) school days after receipt of an appeal, the Board of Education or a committee thereof shall hold a hearing on the grievance. The hearing shall be conducted in executive session.
c) Within ten (10) school days after the conclusion of the hearing, the Board of Education shall render a decision, in writing, on the grievance. Such decision shall be promptly transmitted to the grievant and all parties in interest.
5.4 Stage 4: Arbitration
a) If the Association is not satisfied with the decision of the case at Stage 3, or if no decision has been rendered within ten (10) school days, the Association may within ten (10) school days of the Board’s decision or twenty (20) school days of its meeting with the Board, submit the grievance to arbitration by written notice to the Board. A demand for arbitration must be filed with the American Arbitration Association within twenty (20) school days of the Board’s decision at Stage 3.
b) After the demand for arbitration has been made, the parties agree to be bound by the Rules of the American Arbitration Association.
c) The Expedited Labor Arbitration Rules of the American Arbitration Association will be used be'used upon mutual agreement.
d) The power of the arbitrator stems from this agreement and his or her function is to pass upon alleged violations of this agreement and any disputes with respect to its meaning or application. He or she shall have no power to add to, subtract from or modify any of the terms of this agreement, nor shall he or she have any power or authority to make any decision that requires the commission of any act prohibited by law or that is violate violative of any of the terms of this Agreement. However, none of the above shall be interpreted so as to prohibit the arbitrator from determining an appropriate remedy if he or she finds a violation of the agreement.
e) The decision of the arbitrator shall be submitted to the Board and the Association, and subject to law, shall be final and binding on all parties to the proceeding during the duration of this Agreement.
f) The Board and the Association agree that they will be bound by arbitrators’ decision previously rendered in all substantially similar situations.
g) Should any costs arise for the services of an arbitrator, they shall be borne equally by the Board and the Association.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Stages of Grievance. 5.1 Stage 1: Supervisor
a) A teacher having . Before the submission of a written grievance will discuss it with his or her supervisor, either directly or through a representative, with the objective of resolving the matter informally. The supervisor will confer with all parties in interest but, in arriving at his or her decision, will not consider any material or statements offered an attempt by or on behalf of any such party in interest with whom consultation has been had without the aggrieved party or his or her representative presentto resolve the problem informally must be made with the immediate supervisor. If the teacher submits the grievance through a representative, the teacher The aggrieved party may be present during the discussion accompanied by a representative of the grievanceRed Creek Teachers' Association.
b) 2. If the grievance is not resolved informallyinformally within five (5) school days, it shall may be reduced to writing and presented to the supervisorbuilding principal within the next five (5) school day period.
3. Within ten A determination shall be made by the immediate supervisor within five (105) school days after of receipt of the written grievance is presented with a copy of the determination sent to him or her, the supervisor shall, without any further consultation with the aggrieved party or any party in interest, render a decision thereon, in writing, and present it to the teacher, his/her representative and the Association.
5.2 Stage 2: Chief Executive Officer
a) 4. If the teacher initiating the grievance and/or the Association are aggrieved party is not satisfied with the written decision at the conclusion of Stage 1, a written appeal disposition of the grievance, the decision at Stage 1 with the Chief Executive Officer may be filed appealed by notifying the Superintendent or his designee in writing within ten five (105) school days after the teacher has received such written decision. Copies of the written decision at Stage 1 shall be submitted with the appealdays.
b) Within ten (10) school days after receipt of the appeal, the Chief Executive Officer, 5. The Superintendent or his duly authorized representative designee shall hold a hearing with the teacher, his or her representative aggrieved party within ten (l0) school days upon receipt of the appeal and all other parties in interest.
c) The Chief Executive Officer shall render a decision in writing to the teacher, his or her representative and the Association within ten five (105) school days after the conclusion of the hearing. A copy of the decision shall be sent to the Association. The aggrieved party may be represented by a representative of the Association.
5.3 Stage 3: Board of Education
a) 6. If the teacher and/or the Association are aggrieved party is not satisfied with the disposition of the grievance by the Superintendent or his designee, the decision at Stage 2, an appeal may be filed in writing with appealed by notifying the Board of Education within fifteen five (15) school days after receiving the decision at Stage 2. The official grievance record maintained by the Chief Executive Officer may be available for the Board of Education.
b) Within ten (105) school days after receipt of an appeal, the decision.
7. The Board of Education or a committee thereof shall hold a hearing on the grievance. The hearing shall be conducted hearing, in executive session.
c) Within , with the aggrieved party, within ten (10l0) school days upon receipt of the appeal and shall render a decision within ten (l0) school days after the conclusion hearing. The Association shall be sent a copy of the hearingdecision. The aggrieved party may be represented by a representative of the Association.
8. If the grievance is not resolved to the satisfaction of the aggrieved party and the Association, the Association may notify the Board of Education shall render a decision, in writing, on the grievance. Such decision shall be promptly transmitted to the grievant and all parties in interest.
5.4 Stage 4: Arbitration
a) If the Association is not satisfied with the decision of the case at Stage 3, or if no decision has been rendered within ten (10) school days, the Association may within ten (10l0) school days of that the Board’s decision or twenty (20) school days of its meeting with the Board, Association plans to submit the grievance to arbitration by written notice to the Board. A demand for arbitration must be filed with the American Arbitration Association within twenty (20) school days of the Board’s decision at Stage 3arbitration.
b) After the demand for arbitration has been made, the parties agree to be bound by the Rules of the American Arbitration Association.
c) The Expedited Labor Arbitration Rules of the American Arbitration Association will be used upon mutual agreement.
d) The power of the arbitrator stems from this agreement and his or her function is to pass upon alleged violations of this agreement and any disputes with respect to its meaning or application. He or she shall have no power to add to, subtract from or modify any of the terms of this agreement, nor shall he or she have any power or authority to make any decision that requires the commission of any act prohibited by law or that is violate of any of the terms of this Agreement. However, none of the above shall be interpreted so as to prohibit the arbitrator from determining an appropriate remedy if he or she finds a violation of the agreement.
e) The decision of the arbitrator shall be submitted to the Board and the Association, and subject to law, shall be final and binding on all parties to the proceeding during the duration of this Agreement.
f) The Board and the Association agree that they will be bound by arbitrators’ decision previously rendered in all substantially similar situations.
g) Should any costs arise for the services of an arbitrator, they shall be borne equally by the Board and the Association.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Stages of Grievance. 5.1 (1) Stage 1: . Supervisor
a(i) A teacher An employee having a grievance will discuss it with his or her the immediate supervisor, either directly or through a representative, with the objective of resolving the matter informally. The supervisor will confer with all parties in interest but, in arriving at his or her decision, will not consider any material or statements offered by or on behalf of any such party in interest with whom consultation has been had without the aggrieved party or his or her representative presentparties. If the teacher employee submits the transportationJocaL11 9 grievance through a representative, the teacher may employee shall be present during the discussion of the grievance.
b(ii) If the grievance is not resolved informally, it shall be reduced to writing and presented to the supervisor. Within ten five (105) school days after the written grievance is presented to him or herpresented, the supervisor shall, without any further consultation with the aggrieved party or any party in interest, render a decision thereon, in writing, and present it to the teacheremployee, and if applicable to the employee’s representative. No written grievance will be entertained as described herein, and such grievance will be deemed waived unless written grievance is forwarded at this first available stage within ten (10) school days after the employee knew or should have known of the act or condition on which the grievance is based.
(2) Stage 2. Superintendent of Schools or his/her representative and the Association.Designee
5.2 Stage 2: Chief Executive Officer
a(i) If the teacher employee initiating the grievance and/or the Association are is not satisfied with the written decision at the conclusion of Stage 1, a written appeal of the decision at Stage 1 with the Chief Executive Officer Superintendent of Schools or his/her designee may be filed within ten five (105) school days after the teacher employee has received such written decision. Copies of the written decision at Stage 1 l shall be submitted with the appeal.
b(ii) Within ten fifteen (1015) school days after receipt of the appeal, the Chief Executive OfficerSuperintendent of Schools or his/her designee, or his a duly authorized representative representative, shall hold a hearing with the teacheremployee, his or her the employee’s representative and all other parties in interest.
c(iii) The Chief Executive Officer Superintendent of Schools or his/her designee shall render a decision in writing to the teacheremployee, his or her representative and the Association employee’s representative if applicable, within ten fifteen (1015) school days after the conclusion of the hearing.
5.3 (3) Stage 3: . Board of Education
a(i) If if the teacher and/or the Association are employee is not satisfied with the decision at Stage 2, an appeal may be filed in writing with the Board of Education within fifteen ten (1510) school days after receiving the decision at Stage 2. The official grievance record maintained by the Chief Executive Officer may be available for the Board of Education.
b(ii) Within ten fifteen (1015) school days after receipt of an appeal, the Board of Education or a committee thereof shall hold a hearing on the grievance. The hearing shall be conducted in executive session.
c(iii) Within ten fifteen (1015) school days after the conclusion of the hearing, the Board of Education shall render a decision, in writing, on the grievance. Such decision shall be promptly transmitted to the grievant and all parties in interestparties.
5.4 (4) Stage 4: . Binding Arbitration
a(i) If After such hearing, if the Association employee is not satisfied with the decision of the case at Stage 3, 3 the employee may submit the grievance to arbitration by written notice personally served or if no decision has been rendered within ten (10) school days, mailed by certified mail return receipt requested to the Association may Board of Education and Superintendent of Schools or his/her designee within ten (10) school days of the Board’s decision or twenty (20) school days of its meeting with the Board, submit the grievance to arbitration by written notice to the Board. A demand for arbitration must be filed with the American Arbitration Association within twenty (20) school days of the Board’s decision at Stage 3.
b) After . Submission of a grievance at this stage shall constitute the demand sole means for arbitration has been made, the parties agree to be bound by the Rules of the American Arbitration Association.
c) The Expedited Labor Arbitration Rules of the American Arbitration Association will be used upon mutual agreement.
d) The power of the arbitrator stems from this agreement and his or her function is to pass upon alleged violations of this agreement and any disputes with respect to its meaning or application. He or she shall have no power to add to, subtract from or modify any of the terms of this agreement, nor shall he or she have any power or authority to make any decision that requires the commission of any act prohibited by law or that is violate of any of the terms of this Agreement. However, none of the above shall be interpreted so as to prohibit the arbitrator from determining an appropriate remedy if he or she finds a violation of the agreement.
e) The decision of the arbitrator shall be submitted to the Board and the Association, and subject to law, shall be final and binding on all parties to the proceeding during the duration of this Agreement.
f) The Board and the Association agree that they will be bound by arbitrators’ decision previously rendered in all substantially similar situations.
g) Should any costs arise for the services of an arbitrator, they shall be borne equally by the Board and the Association.resolving
Appears in 1 contract
Sources: Memorandum of Agreement (Moa)
Stages of Grievance. 5.1 1. Stage 1: Supervisor
a) A teacher a. An R.N. having a grievance will discuss it with his or her the R.N.'s supervisor, either directly or through a representative, with the objective of resolving the matter informally. The supervisor will confer with all parties in interest but, in arriving at his or her decision, will not consider any material or statements offered by or on behalf of any such party in interest with whom consultation has been had without the aggrieved party or his or her representative presentinterest. If the teacher R.N. submits the grievance through a representative, the teacher R.N. may be present during the discussion of the grievance.
b) b. If the grievance is not resolved informally, it shall be reduced to writing and presented to the supervisor. Within ten five (105) school days after the written grievance is presented to him or herthe supervisor, the supervisor shall, without any further consultation with the aggrieved party or any party in interest, he/she shall render a decision thereon, thereon in writing, and present it to the teacherR.N., his/her representative the R.N.'s representative, and the AssociationSTA.
5.2 2. Stage 2: Chief Executive Officer
a) a. If the teacher R.N. initiating the grievance and/or the Association are is not satisfied with the written decision at the conclusion of Stage 11 and wishes to proceed further under this grievance procedure, the R.N. shall, within five (5) school days, present the grievance to the STA's grievance committee for its consideration.
b. If the grievance committee determines that the R.N. has a meritorious grievance, then it will file a written appeal of the decision at Stage 1 with the Chief Executive Officer may be filed chief executive officer within ten twenty (1020) school days after the teacher R.N. has received such written decision. Copies of the written decision at Stage 1 shall be submitted with the appeal.
b) c. Within ten (10) school days after receipt of the appeal, the Chief Executive Officer, chief executive officer or his duly authorized representative shall hold a hearing with the teacher, his R.N. and the grievance committee or her its representative and all other parties in interest.
c) The Chief Executive Officer shall render a decision in writing to the teacher, his or her representative and the Association within ten five (10) school days after the conclusion of the hearing.
5.3 Stage 3: Board of Education
a) If the teacher and/or the Association are not satisfied with the decision at Stage 2, an appeal may be filed in writing with the Board of Education within fifteen (15) school days after receiving the decision at Stage 2. The official grievance record maintained by the Chief Executive Officer may be available for the Board of Education.
b) Within ten (10) school days after receipt of an appeal, the Board of Education or a committee thereof shall hold a hearing on the grievance. The hearing shall be conducted in executive session.
c) Within ten (105) school days after the conclusion of the hearing, the Board of Education shall render a decision, decision in writing, on the grievance. Such decision shall be promptly transmitted writing to the grievant and all parties in interest.
5.4 Stage 4: Arbitration
a) If the Association is not satisfied with the decision of the case at Stage 3, or if no decision has been rendered within ten (10) school daysR.N., the Association may within ten (10) school days of the Board’s decision or twenty (20) school days of grievance committee and its meeting with the Board, submit the grievance to arbitration by written notice to the Board. A demand for arbitration must be filed with the American Arbitration Association within twenty (20) school days of the Board’s decision at Stage 3representatives.
b) After the demand for arbitration has been made, the parties agree to be bound by the Rules of the American Arbitration Association.
c) The Expedited Labor Arbitration Rules of the American Arbitration Association will be used upon mutual agreement.
d) The power of the arbitrator stems from this agreement and his or her function is to pass upon alleged violations of this agreement and any disputes with respect to its meaning or application. He or she shall have no power to add to, subtract from or modify any of the terms of this agreement, nor shall he or she have any power or authority to make any decision that requires the commission of any act prohibited by law or that is violate of any of the terms of this Agreement. However, none of the above shall be interpreted so as to prohibit the arbitrator from determining an appropriate remedy if he or she finds a violation of the agreement.
e) The decision of the arbitrator shall be submitted to the Board and the Association, and subject to law, shall be final and binding on all parties to the proceeding during the duration of this Agreement.
f) The Board and the Association agree that they will be bound by arbitrators’ decision previously rendered in all substantially similar situations.
g) Should any costs arise for the services of an arbitrator, they shall be borne equally by the Board and the Association.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Stages of Grievance. 5.1 Stage 1: 1 Supervisor
a) A teacher having a grievance will discuss it with his or his/her supervisor, either directly or through a representative, with the objective of resolving the matter informally. The supervisor will confer with all parties in interest butinterest, but in arriving at his or his/her decision, will not consider any material or statements offered by or on behalf of any such party in interest with whom consultation has been had without the aggrieved party or his or his/her representative present. If the teacher submits the grievance through a representative, the teacher may be present during the discussion of the grievance.
b) If the grievance is not resolved informally, it shall be reduced to writing and presented to the supervisor. Within ten five (105) school days after the written grievance is presented to him or him/her, the supervisor shall, without any further consultation with the aggrieved party or any party in interest, render a decision thereon▇▇▇▇▇▇▇, in writing, and present it to the teacher, his/her representative and the Association.
5.2 Stage 2: Chief Executive School Officer
a) If the teacher initiating the grievance and/or the Association are is not satisfied with the written decision at the conclusion of Stage 11 and wishes to proceed further under this grievance procedure, the teacher shall, within five (5) school days present the grievance to the Association's Grievance Committee for its consultation.
b) If the Grievance Committee determines that the teacher has a meritorious grievance, then it will file a written appeal of the decision at Stage 1 1, with the Chief Executive School Officer may be filed within ten fifteen (1015) school days after the teacher has received such written decision. Copies of the written decision at Stage 1 shall be submitted with the appeal.
bc) Within ten fifteen (1015) school days after receipt of the appeal, the Chief Executive Officer, School Officer or his his/her duly authorized representative representative, shall hold a hearing with the teacher, his teacher and the Grievance Committee or her its representative and all other parties in interest.
cd) The Chief Executive School Officer shall render a decision in writing to the teacher, his or her the Grievance Committee and its representative and the Association within ten fifteen (1015) school days after the conclusion of the hearing.
5.3 Stage 3: Board of Education
a) If the teacher and/or the and its Association are not satisfied with the decision at Stage stage 2, the Grievance Committee will file an appeal may be filed in writing with the Board of Education within fifteen (15) school days after receiving the decision at Stage 2. The official grievance record maintained by the Chief Executive School Officer may shall be available for the use of the Board of Education.
b) Within thirty (30) days after receipt of an appeal or at the next regularly scheduled Board meeting, whichever comes later, the Board of Education shall hold a hearing on the grievance. The hearings shall be conducted in executive session.
c) Within fifteen (15) days after the conclusion of the hearing, the Board of Education, shall render a decision, in writing, on the grievance.
5.4 Stage 4: Arbitration
a) After such hearing, if the Association is not satisfied with the decision at Stage 3, the Association determines that the grievance is meritorious and that appealing it is in the best interests of the school system, it may submit the grievance to arbitration by written notice to the Board of Education within fifteen (15) school days of the decision at Stage 3.
b) Within ten (10) school days after receipt such written notice of an appealsubmission to arbitration, the Board of Education or and the Association will agree upon a committee thereof shall hold mutually acceptable arbitrator competent in the area of grievance and will obtain a hearing on the grievancecommitment from said arbitrator to serve. The hearing shall be conducted in executive session.
c) Within ten (10) school days after the conclusion of the hearing, the Board of Education shall render a decision, in writing, on the grievance. Such decision shall be promptly transmitted to the grievant and all parties in interest.
5.4 Stage 4: Arbitration
a) If the Association is not satisfied with parties are unable to agree upon an arbitrator or to obtain such a commitment within the decision specified period, a request for a fist of the case at Stage 3, or if no decision has been rendered within ten (10) school days, the Association may within ten (10) school days of the Board’s decision or twenty (20) school days of its meeting with the Board, submit the grievance arbitrators will be made to arbitration by written notice to the Board. A demand for arbitration must be filed with the American Arbitration Association within twenty (20) school days of the Board’s decision at Stage 3.
b) After the demand for arbitration has been made, the by either party. The parties agree to will then be bound by the Rules rules and procedures of the American Arbitration AssociationAssociation in the selection of an arbitrator.
c) The Expedited Labor Arbitration Rules selected arbitrator will hear the matter promptly and will issue his/her decision not later than fourteen (14) calendar days from the date of the American Arbitration Association close of the hearing, or, if oral hearings have been waived, then from the date of the final statements and proofs are submitted to him. The arbitrator's decision will be used upon mutual agreementin writing and will set forth his/her findings of fact, reasoning and conclusions on the issues.
d) The power of the arbitrator stems from this agreement and his or her function is to pass upon alleged violations of this agreement and any disputes with respect to its meaning or application. He or she shall have no power to add to, subtract from or modify any of the terms of this agreement, nor shall he or she have any power or authority to make any a decision that which requires the commission of any an act prohibited by law or that which is violate of any violative of the terms of this the Agreement. However, none of the above shall be interpreted so as to prohibit the arbitrator from determining an appropriate remedy if he or she finds a violation of the agreement.
e) The decision of the arbitrator shall be submitted to the Board and the Association, and subject to law, Arbitrator shall be final and binding on upon all parties to the proceeding during the duration of this Agreementparties.
f) The Board and the Association agree that they will be bound by arbitrators’ decision previously rendered in all substantially similar situations.
g) Should any costs arise for the services of an the arbitrator, they shall including expenses, if any, will be borne equally by the Board of Education and the Association.
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Sources: Collective Bargaining Agreement