Common use of Stages of Grievance Clause in Contracts

Stages of Grievance. 1. Stage 1: Supervisor a. An R.N. having a grievance will discuss it with 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. If the R.N. submits the grievance through a representative, the R.N. 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 five (5) school days after the written grievance is presented to the supervisor, he/she shall render a decision thereon in writing, and present it to the R.N., the R.N.'s representative, and the STA. 2. Stage 2: Chief Executive Officer a. If the R.N. initiating the grievance is not satisfied with the written decision at the conclusion of Stage 1 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 within twenty (20) school days after the R.N. has received such written decision. Copies of the written decision at Stage 1 shall be submitted with the appeal. c. Within ten (10) school days after receipt of the appeal, the chief executive officer or duly authorized representative shall hold a hearing with the R.N. and the grievance committee or its representative and all other parties in interest, and within five (5) school days after the conclusion of the hearing, shall render a decision in writing to the R.N., the grievance committee and its representatives.

Stages of Grievance. (1) Stage 1. Stage 1: Supervisor a. (i) An R.N. employee having a grievance will discuss it with the R.N.'s immediate supervisor, either directly or through a representative, with the objective of resolving the matter informally. The supervisor will confer with all parties in interestparties. If the R.N. employee submits the transportationJocaL11 9 grievance through a representative, the R.N. 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 five (5) school days after the written grievance is presented to presented, the supervisorsupervisor shall, he/she shall render a decision thereon thereon, in writing, and present it to the R.N., the R.N.'s representativeemployee, and if applicable to the STAemployee’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. Stage 2: Chief Executive OfficerSuperintendent of Schools or his/her Designee a. (i) If the R.N. employee initiating the grievance is not satisfied with the written decision at the conclusion of Stage 1 and wishes to proceed further under this grievance procedure1, 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 Superintendent of Schools or his/her designee may be filed within twenty five (205) school days after the R.N. employee has received such written decision. Copies of the written decision at Stage 1 l shall be submitted with the appeal. c. (ii) Within ten fifteen (1015) school days after receipt of the appeal, the chief executive officer Superintendent of Schools or his/her designee, or a duly authorized representative representative, shall hold a hearing with the R.N. and employee, the grievance committee or its employee’s representative and all other parties in interest. (iii) The Superintendent of Schools or his/her designee shall render a decision in writing to the employee, and the employee’s representative if applicable, within five fifteen (515) school days after the conclusion of the hearing. (3) Stage 3. Board of Education (i) if the employee is not satisfied with the decision at Stage 2, an appeal may be filed in writing with the Board of Education within ten (10) school days after receiving the decision at Stage 2. (ii) Within fifteen (15) school days after receipt of an appeal, the Board of Education shall hold a hearing on the grievance. The hearing shall be conducted in executive session. (iii) Within fifteen (15) school days after the conclusion of the hearing, the Board of Education shall render a decision, in writing, on the grievance. Such decision in writing shall be promptly transmitted to the R.N.grievant and all parties. (4) Stage 4. Binding Arbitration (i) After such hearing, if the employee is not satisfied with the decision at Stage 3 the employee may submit the grievance committee to arbitration by written notice personally served or mailed by certified mail return receipt requested to the Board of Education and its representatives.Superintendent of Schools or his/her designee within ten (10) school days of the decision at Stage 3. Submission of a grievance at this stage shall constitute the sole means for resolving

Stages of Grievance. 1. 5.1 Stage 1: Supervisor a. An R.N. a) A teacher having a grievance will discuss it with the R.N.'s 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 interestinterest 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 R.N. teacher submits the grievance through a representative, the R.N. teacher 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 five ten (510) school days after the written grievance is presented to him or her, the supervisorsupervisor shall, he/she shall without any further consultation with the aggrieved party or any party in interest, render a decision thereon thereon, in writing, and present it to the R.N.teacher, the R.N.'s representative, his/her representative and the STAAssociation. 2. 5.2 Stage 2: Chief Executive Officer a. a) If the R.N. teacher initiating the grievance is and/or the Association are not satisfied with the written decision at the conclusion of Stage 1 and wishes to proceed further under this grievance procedure1, 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 Chief Executive Officer may be filed within twenty ten (2010) school days after the R.N. teacher has received such written decision. Copies of the written decision at Stage 1 shall be submitted with the appeal. c. b) 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 R.N. and the grievance committee teacher, his or its 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 five ten (510) 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 in writing shall be promptly transmitted to the R.N.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 committee 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 representativesmeaning 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.

Stages of Grievance. 1. 5.1 Stage 1: 1 Supervisor a. An R.N. a) A teacher having a grievance will discuss it with the R.N.'s 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, but in arriving at 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/her representative present. If the R.N. teacher submits the grievance through a representative, the R.N. teacher 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 five (5) school days after the written grievance is presented to him/her, the supervisorsupervisor shall, he/she shall without further consultation with aggrieved party or any party in interest, render a decision thereon xxxxxxx, in writing, and present it to the R.N.teacher, the R.N.'s representative, his/her representative and the STAAssociation. 2. 5.2 Stage 2: Chief Executive School Officer a. a) If the R.N. teacher initiating the grievance is not satisfied with the written decision at the conclusion of Stage 1 and wishes to proceed further under this grievance procedure, the R.N. teacher shall, within five (5) school days, days present the grievance to the STAAssociation's grievance committee Grievance Committee for its considerationconsultation. b. b) If the grievance committee Grievance Committee determines that the R.N. teacher has a meritorious grievance, then it will file a written appeal of the decision at Stage 1 1, with the chief executive officer Chief School Officer within twenty fifteen (2015) school days after the R.N. teacher has received such written decision. Copies of the written decision at Stage 1 shall be submitted with the appeal. c. c) Within ten fifteen (1015) school days after receipt of the appeal, the chief executive officer Chief School Officer or his/her duly authorized representative representative, shall hold a hearing with the R.N. teacher and the grievance committee Grievance Committee or its representative and all other parties in interest. d) The Chief School Officer shall render a decision in writing to the teacher, the Grievance Committee and its representative within five fifteen (515) school days after the conclusion of the hearing. 5.3 Stage 3: Board of Education a) If the teacher and its Association are not satisfied with the decision at stage 2, the Grievance Committee will file an appeal 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 School Officer 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 such written notice of submission to arbitration, the Board of Education and the Association will agree upon a mutually acceptable arbitrator competent in the area of grievance and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a fist of arbitrators will be made to the American Arbitration Association by either party. The parties will then be bound by the rules and procedures of the American Arbitration Association in the selection of an arbitrator. c) The 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 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 in writing and will set forth his/her findings of fact, reasoning and conclusions on the issues. d) The arbitrator shall have no power or authority to make a decision which requires the R.N.commission of an act prohibited by law or which is violative of the terms of the Agreement. e) The decision of the Arbitrator shall be final and binding upon all parties. f) The costs for the services of the arbitrator, including expenses, if any, will be borne equally by the grievance committee Board of Education and its representativesthe Association.

Stages of Grievance. 1. 5.1 Stage 1: Supervisor a. An R.N. a) A teacher having a grievance will discuss it with the R.N.'s 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 interestinterest 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 R.N. teacher submits the grievance through a representative, the R.N. teacher 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 five ten (510) school days after the written grievance is presented to him or her, the supervisorsupervisor shall, he/she shall without any further consultation with the aggrieved party or any party in interest, render a decision thereon thereon, in writing, and present it to the R.N.teacher, the R.N.'s representative, his representative and the STAAssociation. 2. 5.2 Stage 2: Chief Executive Officer a. a) If the R.N. teacher initiating the grievance is and/or the Association are not satisfied with the written decision at the conclusion of Stage 1 and wishes to proceed further under this grievance procedure1, 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 Chief Executive Officer may be filed within twenty ten (2010) school days after the R.N. teacher has received such written decision. Copies of the written decision at Stage 1 shall be submitted with the appeal. c. b) 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 R.N. and the grievance committee teacher, his or its 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 five ten (510) 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 in writing shall be promptly transmitted to the R.N.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 committee 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 representativesmeaning 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 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.

Stages of Grievance. 1. Stage 1: Supervisor a. An R.N. having Before the submission of a written grievance will discuss it an attempt by the aggrieved party to resolve the problem informally must be made with the R.N.'s 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. If the R.N. submits the grievance through a representative, the R.N. 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 A determination shall be made by the immediate supervisor within five (5) school days after of receipt of the written grievance is presented with a copy of the determination sent to the supervisor, he/she shall render a decision thereon in writing, and present it to the R.N., the R.N.'s representative, and the STAAssociation. 24. Stage 2: Chief Executive Officer a. If the R.N. initiating the grievance aggrieved party is not satisfied with the written decision at disposition of the conclusion of Stage 1 and wishes to proceed further under this grievance proceduregrievance, the R.N. shall, decision may be appealed by notifying the Superintendent or his designee in writing 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 within twenty (20) school days after the R.N. has received such written decision5. Copies of the written decision at Stage 1 shall be submitted with the appeal. c. Within ten (10) school days after receipt of the appeal, the chief executive officer The Superintendent or duly authorized representative his designee shall hold a hearing with the R.N. aggrieved party within ten (l0) school days upon receipt of the appeal and the grievance committee or its representative and all other parties in interest, and render a decision within five (5) 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. 6. If the aggrieved party is not satisfied with the disposition of the grievance by the Superintendent or his designee, the decision may be appealed by notifying the Board of Education within five (5) school days after receipt of the decision. 7. The Board of Education shall hold a hearing, in executive session, with the aggrieved party, within ten (l0) school days upon receipt of the appeal and shall render a decision in writing within ten (l0) school days after the hearing. The Association shall be sent a copy of the decision. The aggrieved party may be represented by a representative of the Association. 8. If the grievance is not resolved to the R.N.satisfaction of the aggrieved party and the Association, the Association may notify the Board of Education within ten (l0) school days that the Association plans to submit the grievance committee and its representativesto arbitration.

Stages of Grievance. 1. 5.1 Stage 1: 1 Supervisor a. An R.N. a) A teacher having a grievance will discuss it with the R.N.'s 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, but in arriving at 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/her representative present. If the R.N. teacher submits the grievance through a representative, the R.N. teacher 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 five (5) school days after the written grievance is presented to him/her, the supervisorsupervisor shall, he/she shall without further consultation with aggrieved party or any party in interest, render a decision thereon thereon, in writing, and present it to the R.N.teacher, the R.N.'s representative, his/her representative and the STAAssociation. 2. 5.2 Stage 2: Chief Executive School Officer a. a) If the R.N. teacher initiating the grievance is not satisfied with the written decision at the conclusion of Stage 1 and wishes to proceed further under this grievance procedure, the R.N. teacher shall, within five (5) school days, days present the grievance to the STAAssociation's grievance committee Grievance Committee for its considerationconsultation. b. b) If the grievance committee Grievance Committee determines that the R.N. teacher has a meritorious grievance, then it will file a written appeal of the decision at Stage 1 1, with the chief executive officer Chief School Officer within twenty fifteen (2015) school days after the R.N. teacher has received such written decision. Copies of the written decision at Stage 1 shall be submitted with the appeal. c. c) Within ten fifteen (1015) school days after receipt of the appeal, the chief executive officer Chief School Officer or his/her duly authorized representative representative, shall hold a hearing with the R.N. teacher and the grievance committee Grievance Committee or its representative and all other parties in interest. d) The Chief School Officer shall render a decision in writing to the teacher, the Grievance Committee and its representative within five fifteen (515) school days after the conclusion of the hearing. 5.3 Stage 3: Board of Education a) If the teacher and its Association are not satisfied with the decision at stage 2, the Grievance Committee will file an appeal 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 School Officer 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 such written notice of submission to arbitration, the Board of Education and the Association will agree upon a mutually acceptable arbitrator competent in the area of grievance and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators will be made to the American Arbitration Association by either party. The parties will then be bound by the rules and procedures of the American Arbitration Association in the selection of an arbitrator. c) The 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 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 in writing and will set forth his/her findings, of fact, reasoning and conclusions on the issues. d) The arbitrator shall have no power or authority to make a decision which requires the R.N.commission of an act prohibited by law or which is violative of the terms of the Agreement. e) The decision of the Arbitrator shall be final and binding upon all parties. f) The costs for the services of the arbitrator, including expenses, if any, will be borne equally by the grievance committee Board of Education and its representativesthe Association.