Common use of Stipulations Clause in Contracts

Stipulations. 1. Any grievance not answered within the time limit shall automatically proceed to the next step of the grievance procedure. 2. A grievance may be withdrawn by XXXX at any level without prejudice. That particular grievance will not be refiled; however, grievances similar in nature shall be afforded all rights of the grievance procedure. 3. The fact that an employee files a grievance shall not be recorded in his/her personnel file or in any file used in the transfer, assignment, or promotion process, nor shall such fact be used in any recommendation for re-employment or recommendation for other employment; nor shall the aggrieved, XXXX, or its officers be placed in jeopardy or be the subject of reprisal or discrimination for having followed the grievance procedure. 4. The grievant shall never be required to meet with an administrator at any stage of the grievance procedure without the presence of a representative of the XXXX or its affiliates. 5. The parties agree that grievance proceedings shall be kept as informal and confidential as may be appropriate at that level of the procedure. Further, it is agreed that the investigating and processing of any grievance shall be conducted in such ways as not to cause interruption or interference with established work schedules and duties. 6. The Board, Administration, and XXXX will cooperate with each other in the investigation of any grievance. 7. The time limitations set forth herein for the submission and processing of a grievance shall be deemed to be of the essence. The failure to submit a grievance or process a grievance within the time specified shall be deemed a waiver of the grievance. The grievance shall not proceed beyond the level of said waiver. However, the time limits may be extended in writing by mutual agreement. 8. If a grievance arises from a decision made above the level of immediate supervisor, the grievance may be presented initially at Step 3. However, the twenty (20) workday-time limit for initial presentation, as specified at Step 3, shall apply. The Superintendent or his/her designee shall render a written decision within ten (10) workdays of the presentation of the grievance.

Appears in 5 contracts

Samples: Negotiated Agreement, Collective Bargaining Agreement, Negotiated Agreement

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Stipulations. 1. Any At the conclusion of the Informal Procedure, the parties may agree that the written grievance not answered be filed at Level Two of the Formal Procedure rather than at Level One. Association Grievances and grievances regarding discipline will be filed at Level Two, unless the parties agree otherwise. 2. Time limits specified herein are considered maximum; however, they may be extended by written agreement of the parties. 3. Failure at any step of this procedure to communicate the disposition of a grievance within the time limit shall limits provided will automatically proceed advance the grievance to the next step level, or failure of the aggrieved or his/her representative to file appeals as provided in this section will terminate the grievance and bar further grievance arising out of the same incident unless the incident is recurring. 4. The temporary absence of the aggrieved, the immediate supervisor, or the Director of Human Resources or his/her designee will toll the running of the days during the absence of such person, but in no case for more than five additional days. 5. No aggrieved will be denied the right to legal advice or counsel in any of the levels listed above. 6. Copies of all written grievances and decisions will be sent to all parties involved, the aggrieved, the Association President, the Association Grievance Chairperson, and the appropriate administrator. 7. A grievance may be withdrawn at any level without prejudice. 8. No records, documents, or communications concerning a grievance will be placed in the personnel file of any of the participants in procedures described in this article. If retained, they will be filed separately from the personnel files and will be treated as confidential material. 9. The Association may file a grievance on its own behalf when such grievance involves rights of the Association as specified in this Agreement. 10. If a grievance arises and affects a group or class of members of the bargaining unit, the written grievance may be filed as a class action or Association Grievance. 11. The Association Executive Committee retains the sole and exclusive right to determine whether a grievance may be appealed to the Arbitration Level (Three) of the grievance procedure. 212. A No individual grievance may settlement will be withdrawn by XXXX at any level without prejudiceinconsistent with the terms of this Agreement. 13. That particular grievance will not be refiled; however, grievances similar in nature shall be afforded all rights Readily available records or policies necessary to the determination and processing of the grievance procedure. 3. The fact that an employee files a grievance shall not will be recorded in made available promptly to the grievant and his/her personnel file or in any file used in the transfer, assignment, or promotion process, nor shall such fact be used in any recommendation for re-employment or recommendation for other employment; nor shall the aggrieved, XXXX, or its officers be placed in jeopardy or be the subject of reprisal or discrimination for having followed the grievance procedure. 4representative upon request. The grievant shall never copy charges will be required to meet with an administrator at any stage of the grievance procedure without the presence of a representative of the XXXX or its affiliates5 cents ($ .05) per page. 5. The parties agree that grievance proceedings shall be kept as informal and confidential as may be appropriate at that level of the procedure. Further, it is agreed that the investigating and processing of any grievance shall be conducted in such ways as not to cause interruption or interference with established work schedules and duties. 6. The Board, Administration, and XXXX will cooperate with each other in the investigation of any grievance. 7. The time limitations set forth herein for the submission and processing of a grievance shall be deemed to be of the essence. The failure to submit a grievance or process a grievance within the time specified shall be deemed a waiver of the grievance. The grievance shall not proceed beyond the level of said waiver. However, the time limits may be extended in writing by mutual agreement. 8. If a grievance arises from a decision made above the level of immediate supervisor, the grievance may be presented initially at Step 3. However, the twenty (20) workday-time limit for initial presentation, as specified at Step 3, shall apply. The Superintendent or his/her designee shall render a written decision within ten (10) workdays of the presentation of the grievance.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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Stipulations. 1. Any grievance not answered within the time limit shall automatically proceed to the next step of the grievance procedure. 2. A grievance may be withdrawn by XXXX RHEA at any level without prejudice. That particular grievance will not be refiled; however, grievances similar in nature shall be afforded all rights of the grievance procedure. 3. The fact that an employee files a grievance shall not be recorded in his/her personnel file or in any file used in the transfer, assignment, or promotion process, nor shall such fact be used in any recommendation for re-employment or recommendation for other employment; nor shall the aggrieved, XXXX, or its officers be placed in jeopardy or be the subject of reprisal or discrimination for having followed the grievance procedure. 4. The grievant shall never be required to meet with an administrator at any stage of the grievance procedure without the presence of a representative of the XXXX RHEA or its affiliates. 5. The parties agree that grievance proceedings shall be kept as informal and confidential as may be appropriate at that level of the procedure. Further, it is agreed that the investigating and processing of any grievance shall be conducted in such ways as not to cause interruption or interference with established work schedules and duties. 6. The Board, Administration, and XXXX RHEA will cooperate with each other in the investigation of any grievance. 7. The time limitations set forth herein for the submission and processing of a grievance shall be deemed to be of the essence. The failure to submit a grievance or process a grievance within the time specified shall be deemed a waiver of the grievance. The grievance shall not proceed beyond the level of said waiver. However, the time limits may be extended in writing by mutual agreement. 8. If a grievance arises from a decision made above the level of immediate supervisor, the grievance may be presented initially at Step 3. However, the twenty (20) workday-time limit for initial presentation, as specified at Step 3, shall apply. The Superintendent or his/her designee shall render a written decision within ten (10) workdays of the presentation of the grievance.

Appears in 1 contract

Samples: Negotiated Agreement

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