Common use of Statement of Basic Principles Clause in Contracts

Statement of Basic Principles. A. Every teacher who so requests shall be represented by the MTA in the grievance procedure. The teacher shall be present at any grievance discussion. When the presence of a teacher at a grievance hearing is requested by either party, illness or other incapacity of the teacher shall be grounds for any necessary extension of grievance procedure time limits. The failure of the grievant to act on any grievance with the prescribed time limits will act as a bar to any further appeal. The time limits, however, may be extended by mutual agreement. B. A teacher who participates in these grievance procedures shall not be subject to discipline or reprisal because of such participation. A copy of the grievance shall not be filed in the teacher's personnel folder. C. Hearings and conferences under this procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses entitled to be present to attend and will be held, insofar as possible, after regular school hours, or during non-teaching time of personnel involved. When such hearings and conferences are held at the option of the administration during school hours, all employees whose presence is required shall be excused, with pay, for that purpose. Arbitration hearings, however, shall be held during regular working hours unless scheduled otherwise by the arbitrator. D. All notices of hearings and dispositions of grievances shall be either mailed, emailed, or hand delivered with the date of mailing or postmark and date of receipt recorded thereon. Written grievances and appeals shall be deemed to have been received one (1) day after postmarked: if hand delivered, the date received and initials of the recipient shall be recorded thereon. E. It is important that a grievance be processed as rapidly as possible. The number of days indicated at each level shall be considered as a maximum, and every effort shall be made to expedite the process. The time limit specified may be extended by mutual agreement. F. All grievances may be withdrawn at any level without prejudice. In the case of grievances filed by individuals, the teacher involved has the right to withdraw the grievance at any time.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

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Statement of Basic Principles. A. 1. Every teacher who so requests covered by this Agreement shall have the right to present grievances in accordance with these procedures, with or without representation. Nothing contained in this Section or elsewhere in this Agreement shall be represented by construed to prevent any individual employee from discussing a problem with the MTA Administration and having it adjusted without intervention or representation of the CFT. However, any individual employee or a group of employees may at any time present grievances to their employer and have them adjusted without the intervention of the bargaining representative as long as the adjustment is not inconsistent with the terms of a collective bargaining agreement then in effect, provided that the grievance procedure. The teacher shall bargaining representative has been given an opportunity to be present at any grievance discussion. When the presence of a teacher at a grievance hearing is requested by either party, illness or other incapacity of the teacher shall be grounds for any necessary extension of grievance procedure time limits. The failure of the grievant to act on any grievance with the prescribed time limits will act as a bar to any further appeal. The time limits, however, may be extended by mutual agreementsuch adjustment. B. 2. A teacher who participates in these a grievance procedures procedure shall not be subject to discipline or reprisal because of such participation. A copy of the grievance shall not be filed in the teacher's personnel folder. C. 3. Hearings and conferences under this procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses entitled to be present present, to attend and will be held, insofar as possible, after regular school hours, or during non-teaching time of personnel involved. When such hearings and conferences are held at the option of the administration during school hours, all employees whose presence is required shall be excused, excused with pay, pay for that purpose. Arbitration hearings, however, shall be held during regular working hours unless scheduled otherwise by the arbitrator. D. All notices 4. The failure of hearings a teacher or the CFT to act on any grievance within the prescribed time limits will act as a bar to any further appeal, and dispositions an administrator’s failure to give a decision within the time limits shall permit the grievant to proceed to the next step. Such failure to act on a grievance will not bar the filing of a new grievance on a substantially similar issue if such issue is deemed to be a continuing grievance, but any recovery under subsequent grievances shall be either mailed, emailed, or hand delivered with the date of mailing or postmark prospective in effect only and date of receipt recorded thereon. Written grievances and appeals shall be deemed to have been received one (1) day after postmarked: if hand delivered, the date received and initials of the recipient shall be recorded thereon. E. It is important that a grievance be processed as rapidly as possible. The number of days indicated at each level shall be considered as a maximum, and every effort shall be made to expedite the processnot include relief requested in prior grievances. The time limit specified limits may be extended by mutual agreement. F. All grievances agreement in writing. A grievance may be withdrawn at any level prior to arbitration without prejudiceestablishing a precedent. 5. Any teacher has a right to be represented in the grievance procedure. 6. Any investigation or other handling or process of any grievance by the grieving teacher or CFT representative shall be conducted so as to result in no interference with or interruption of the instructional program and related work activities of the teaching staff. 7. Class grievances involving one or more teachers or one or more supervisors and grievances involving an administrator above the building level may be initially filed at Step #2. 8. Forms for filing grievances, serving notices, taking appeals, making reports and recommendations, and other necessary documents shall be prepared by the Superintendent and the CFT. 9. The time limits specified in this procedure may be extended in any specific instance by mutual agreement in writing. 10. In pursuing the case grievance procedure, all parties will present all known relevant information at the lowest possible level in an effort to bring about an immediate understanding and settlement. 11. All records of grievances filed will be kept by individuals, the teacher involved has the right to withdraw the Superintendent or his or her designee in files separate from personnel records. 12. A grievance may be withdrawn at any timelevel.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Statement of Basic Principles. A. 1. Every teacher who so requests covered by this agreement shall have the right to present grievances in accordance with these procedures, with or without representation. Nothing contained in this section or elsewhere in this agreement shall be represented by construed to prevent any individual employee from discussing a problem with the MTA administration and having it adjusted without intervention or representation of the CFT. However, any individual employee or a group of employees may at any time present grievances to their employer and have them adjusted without the intervention of the bargaining representative as long as the adjustment is not inconsistent with the terms of a collective bargaining agreement then in effect, provided that the grievance procedure. The teacher shall bargaining representative has been given an opportunity to be present at any grievance discussion. When the presence of a teacher at a grievance hearing is requested by either party, illness or other incapacity of the teacher shall be grounds for any necessary extension of grievance procedure time limits. The failure of the grievant to act on any grievance with the prescribed time limits will act as a bar to any further appeal. The time limits, however, may be extended by mutual agreementsuch adjustment. B. 2. A teacher who participates in these a grievance procedures procedure shall not be subject to discipline or reprisal because of such participation. A copy of the grievance shall not be filed in the teacher's personnel folder. C. 3. Hearings and conferences under this procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses entitled to be present present, to attend and will be held, insofar as possible, after regular school hours, or during non-teaching non­teaching time of personnel involved. When such hearings and conferences are held at the option of the administration during school hours, all employees whose presence is required shall be excused, excused with pay, pay for that purpose. Arbitration hearings, however, shall be held during regular working hours unless scheduled otherwise by the arbitrator. D. All notices 4. The failure of hearings a teacher or the CFT to act on any grievance within the prescribed time limits will act as a bar to any further appeal, and dispositions an administrator’s failure to give a decision within the time limits shall permit the grievant to proceed to the next step. Such failure to act on a grievance will not bar the filing of a new grievance on a substantially similar issue if such issue is deemed to be a continuing grievance, but any recovery under subsequent grievances shall be either mailed, emailed, or hand delivered with the date of mailing or postmark prospective in effect only and date of receipt recorded thereon. Written grievances and appeals shall be deemed to have been received one (1) day after postmarked: if hand delivered, the date received and initials of the recipient shall be recorded thereon. E. It is important that a grievance be processed as rapidly as possible. The number of days indicated at each level shall be considered as a maximum, and every effort shall be made to expedite the processnot include relief requested in prior grievances. The time limit specified limits may be extended by mutual agreement. F. All grievances agreement in writing. A grievance may be withdrawn at any level prior to arbitration without prejudiceestablishing a precedent. 5. Any teacher has a right to be represented in the grievance procedure. 6. Any investigation or other handling or process of any grievance by the grieving teacher or CFT representative shall be conducted so as to result in no interference with or interruption of the instructional program and related work activities of the teaching staff. 7. Class grievances involving one or more teachers or one or more supervisors and grievances involving an administrator above the building level may be initially filed at Step #2. 8. Forms for filing grievances, serving notices, taking appeals, making reports and recommendations, and other necessary documents shall be prepared by the Superintendent and the CFT. 9. The time limits specified in this procedure may be extended in any specific instance by mutual agreement in writing. 10. In pursuing the case grievance procedure, all parties will present all known relevant information at the lowest possible level in an effort to bring about an immediate understanding and settlement. 11. All records of grievances filed will be kept by individuals, the teacher involved has the right to withdraw the Superintendent or his designee in files separate from personnel records. 12. A grievance may be withdrawn at any timelevel.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Statement of Basic Principles. A. Every teacher who so requests shall be represented by the MTA in the grievance procedure. The teacher shall be present at any grievance discussion. When the presence of a teacher at a grievance hearing is requested by either party, illness or other incapacity of the teacher shall be grounds for any necessary extension of grievance procedure time limits. The failure of the grievant to act on any grievance with the prescribed time limits will act as a bar to any further appeal. The time limits, however, may be extended by mutual agreement. B. A teacher who participates in these grievance procedures shall not be subject to discipline or reprisal because of such participation. A copy of the grievance shall not be filed in the teacher's personnel folder. C. Hearings and conferences under this procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses entitled to be present to attend and will be held, insofar as possible, after regular school hours, or during non-teaching time of personnel involved. When such hearings and conferences are held at the option of the administration during school hours, all employees whose presence is required shall be excused, with pay, for that purpose. Arbitration hearings, however, shall be held during regular working hours unless scheduled otherwise by the arbitrator. D. All notices of hearings and dispositions of grievances shall be either mailed, emailed, mailed or hand delivered with the date of mailing or postmark and date of receipt recorded thereon. Written grievances and appeals shall be deemed to have been received one (1) day after postmarked: if hand delivered, the date received and initials of the recipient shall be recorded thereon. E. It is important that a grievance be processed as rapidly as possible. The number of days indicated at each level shall be considered as a maximum, and every effort shall be made to expedite the process. The time limit specified may be extended by mutual agreement. F. All grievances may be withdrawn at any level without prejudice. In the case of grievances filed by individuals, the teacher involved has the right to withdraw the grievance at any time.

Appears in 1 contract

Samples: Master Agreement

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Statement of Basic Principles. A. 1. Every teacher who so requests covered by this Agreement shall have the right to present grievances in accordance with these procedures, with or without representation. Nothing contained in this Section or elsewhere in this Agreement shall be represented by construed to prevent any individual employee from discussing a problem with the MTA Administration and having it adjusted without intervention or representation of the CFT. However, any individual employee or a group of employees may at any time present grievances to their employer and have them adjusted without the intervention of the bargaining representative as long as the adjustment is not inconsistent with the terms of a collective bargaining agreement then in effect, provided that the grievance procedure. The teacher shall bargaining representative has been given an opportunity to be present at any grievance discussion. When the presence of a teacher at a grievance hearing is requested by either party, illness or other incapacity of the teacher shall be grounds for any necessary extension of grievance procedure time limits. The failure of the grievant to act on any grievance with the prescribed time limits will act as a bar to any further appeal. The time limits, however, may be extended by mutual agreementsuch adjustment. B. 2. A teacher who participates in these a grievance procedures procedure shall not be subject to discipline or reprisal because of such participation. A copy of the grievance shall not be filed in the teacher's personnel folder. C. 3. Hearings and conferences under this procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses entitled to be present present, to attend and will be held, insofar as possible, after regular school hours, or during non-non- teaching time of personnel involved. When such hearings and conferences are held at the option of the administration during school hours, all employees whose presence is required shall be excused, excused with pay, pay for that purpose. Arbitration hearings, however, shall be held during regular working hours unless scheduled otherwise by the arbitrator. D. All notices 4. The failure of hearings a teacher or the CFT to act on any grievance within the prescribed time limits will act as a bar to any further appeal, and dispositions an administrator’s failure to give a decision within the time limits shall permit the grievant to proceed to the next step. Such failure to act on a grievance will not bar the filing of a new grievance on a substantially similar issue if such issue is deemed to be a continuing grievance, but any recovery under subsequent grievances shall be either mailed, emailed, or hand delivered with the date of mailing or postmark prospective in effect only and date of receipt recorded thereon. Written grievances and appeals shall be deemed to have been received one (1) day after postmarked: if hand delivered, the date received and initials of the recipient shall be recorded thereon. E. It is important that a grievance be processed as rapidly as possible. The number of days indicated at each level shall be considered as a maximum, and every effort shall be made to expedite the processnot include relief requested in prior grievances. The time limit specified limits may be extended by mutual agreement. F. All grievances agreement in writing. A grievance may be withdrawn at any level prior to arbitration without prejudiceestablishing a precedent. 5. Any teacher has a right to be represented in the grievance procedure. 6. Any investigation or other handling or process of any grievance by the grieving teacher or CFT representative shall be conducted so as to result in no interference with or interruption of the instructional program and related work activities of the teaching staff. 7. Class grievances involving one or more teachers or one or more supervisors and grievances involving an administrator above the building level may be initially filed at Step #2. 8. Forms for filing grievances, serving notices, taking appeals, making reports and recommendations, and other necessary documents shall be prepared by the Superintendent and the CFT. 9. The time limits specified in this procedure may be extended in any specific instance by mutual agreement in writing. 10. In pursuing the case grievance procedure, all parties will present all known relevant information at the lowest possible level in an effort to bring about an immediate understanding and settlement. 11. All records of grievances filed will be kept by individuals, the teacher involved has the right to withdraw the Superintendent or his or her designee in files separate from personnel records. 12. A grievance may be withdrawn at any timelevel.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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