Common use of Step 2 - Formal Grievance Procedure Clause in Contracts

Step 2 - Formal Grievance Procedure. a. If the grievant has been unable to have a conference with the Vice-President of Instruction within five (5) days of the above request, or if the grievance is not resolved through the Informal Procedure set forth in Step 1, the grievant may file a grievance in writing stating in detail the facts of which the grievant complains and the provisions of the Agreement which are alleged to have been violated. No grievance shall be filed or processed based on facts or events which have occurred more than fourteen (14) days before the grievance is filed. Grievances shall be deemed filed when delivered in writing to the President of the College or the President's designee. One copy of the grievance shall be delivered to the President's office, one to the Association's President or the Association President's designee (as last submitted by the Association to the Vice-President of Instruction), and one shall be kept by the grievant. b. The President or the President's designee shall review the grievance and the record of the above procedures, together with any additional evidence or oral argument presented by the grievant. The President or the President's designee may also hear other evidence or oral argument. Within fourteen (14) days after delivery of the grievance at his office, the President or the President's designee shall render a written decision, one copy of which shall be delivered to the grievant and one copy to the Association's President or the Association President's designee. c. If a solution satisfactory to the grievant and the Administration has not been reached through the above procedures, the grievant may appeal the decision in writing to the Board within five (5) days after the grievant's receipt of the decision of the President or the President's designee. The Board will review the grievance and the record of the above procedures and hear the matter in dispute. Any pertinent or argument which the grievant desires to submit or which the Board deems necessary may be presented at such hearing and the parties shall have the right to cross-examine witnesses who are called to testify. The Board shall thereafter render its decision in writing. One copy of the Board's decision shall be delivered to the grievant, one copy to the President, and one copy to the Association's President or the Association President's designee.