Tenure Review Grievances. 8.3.3.1 Tenure review decisions pursuant to Article 8.3.3.2 and 8.3.3.3 below are governed by Education Code Sections 87601.1 and 87611. Accordingly, the grievance procedures herein shall be read in harmony with the provisions of the Education Code. 8.3.3.2 Allegations that the District, in a decision to reappoint a probationary employee, violated, misinterpreted, or misapplied any of its policies and procedures concerning the evaluation of probationary employees shall be classified and procedurally addressed as grievances. (Education Code § 87610.1) 8.3.3.3 Allegations that the District, in a decision to grant tenure, made a negative decision that to a reasonable person was unreasonable, or violated, misinterpreted, or misapplied any of its policies and procedures concerning the evaluation of probationary employees shall be classified and procedurally addressed as grievances. (Education Code § 87610.1) 8.3.3.4 Any grievance pursuant to the provisions of 8.3.3.2 and 8.3.3.3 above, may be filed by the employee on his/her own behalf or by the UFO. The UFO shall have no duty of fair representation with respect to taking any of these grievances to arbitration, and the employee shall be entitled to pursue a matter to arbitration with or without the representation of the UFO according to the provisions of the law. (Education Code § 87610.1) 8.3.3.5 Grievances filed pursuant to the provisions of 8.3.3.2 and 8.3.3.3 shall be subject to advisory arbitration. 8.3.3.5.1 The arbitrator will submit a written recommendation to the Board of Trustees, with copies to the grievant and UFO. 8.3.3.5.2 If neither the President/ Superintendent nor UFO files a request to the Board to undertake review of the advisory decision within ten (10) days of its issuance, or if the Board declines such a request, then the decision shall be deemed adopted by the Board and becomes final and binding on all parties. If a timely request for review is filed with the Board, by either the President/Superintendent or UFO, and accepted by the Board, it must then undertake review of the entire hearing record and briefs. The Board may also, if it deems it appropriate, permit oral arguments by representatives of the parties, but only in the presence of one another. 8.3.3.5.3 Within twenty (20) days after receiving the record, the Board shall render a decision on the matter, which decision shall be final and binding on all parties. If the Board does not render such a decision within the time specified, then it shall be deemed to have adopted the decision recommended by the arbitrator. 8.3.3.5.4 The arbitrator shall have authority to issue any remedies set forth in Education Code section 87610.1(d). 8.3.3.5.5 Any final decision reached as a result of the grievance procedure shall be subject to review pursuant to Section 87611 of the Education Code.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Tenure Review Grievances. 8.3.3.1 5.3.3.1 Tenure review decisions pursuant to Article 8.3.3.2 5.3.3.2 and 8.3.3.3 5.3.3.3 below are governed by Education Code Sections 87601.1 and 87611. Accordingly, the grievance procedures herein shall be read in harmony with the provisions of the Education Code.
8.3.3.2 5.3.3.2 Allegations that the District, in a decision to reappoint a probationary employee, violated, misinterpreted, or misapplied any of its policies and procedures concerning the evaluation of probationary employees shall be classified and procedurally addressed as grievances. (Education Code § 87610.1)
8.3.3.3 5.3.3.3 Allegations that the District, in a decision to grant tenure, made a negative decision that to a reasonable person was unreasonable, or violated, misinterpreted, or misapplied any of its policies and procedures concerning the evaluation of probationary employees shall be classified and procedurally addressed as grievances. (Education Code § 87610.1)
8.3.3.4 5.3.3.4 Any grievance pursuant to the provisions of 8.3.3.2 5.3.3.2 and 8.3.3.3 5.3.3.3 above, may be filed by the employee on his/her own behalf or by the UFO. The UFO shall have no duty of fair representation with respect to taking any of these grievances to arbitration, and the employee shall be entitled to pursue a matter to arbitration with or without the representation of the UFO according to the provisions of the law. (Education Code § 87610.1)
8.3.3.5 5.3.3.5 Grievances filed pursuant to the provisions of 8.3.3.2 5.3.3.2 and 8.3.3.3 5.3.3.3 shall be subject to advisory arbitration.
8.3.3.5.1 5.3.3.5.1 The arbitrator will submit a written recommendation to the Board of Trustees, with copies to the grievant and UFO.
8.3.3.5.2 5.3.3.5.2 If neither the President/ Superintendent nor UFO files a request to the Board to undertake review of the advisory decision within ten (10) days of its issuance, or if the Board declines such a request, then the decision shall be deemed adopted by the Board and becomes final and binding on all parties. If a timely request for review is filed with the Board, by either the President/Superintendent or UFO, and accepted by the Board, it must then undertake review of the entire hearing record and briefs. The Board may also, if it deems it appropriate, permit oral arguments by representatives of the parties, but only in the presence of one another.
8.3.3.5.3 5.3.3.5.3 Within twenty (20) days after receiving the record, the Board shall render a decision on the matter, which decision shall be final and binding on all parties. If the Board does not render such a decision within the time specified, then it shall be deemed to have adopted the decision recommended by the arbitrator.
8.3.3.5.4 5.3.3.5.4 The arbitrator shall have authority to issue any remedies set forth in Education Code section 87610.1(d).
8.3.3.5.5 5.3.3.5.5 Any final decision reached as a result of the grievance procedure shall be subject to review pursuant to Section 87611 of the Education Code.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Tenure Review Grievances. 8.3.3.1 5.3.3.1 Tenure review decisions pursuant to Article 8.3.3.2 5.3.3.2 and 8.3.3.3 5.3.3.3 below are governed by Education Code Sections 87601.1 and 87611. Accordingly, the grievance procedures herein shall be read in harmony with the provisions of the Education Code.
8.3.3.2 5.3.3.2 Allegations that the District, in a decision to reappoint a probationary employee, violated, misinterpreted, or misapplied any of its policies and procedures concerning the evaluation of probationary employees shall be classified and procedurally addressed as grievances. (Education Code § 87610.1)
8.3.3.3 5.3.3.3 Allegations that the District, in a decision to grant tenure, made a negative decision that to a reasonable person was unreasonable, or violated, misinterpreted, or misapplied any of its policies and procedures concerning the evaluation of probationary employees shall be classified and procedurally addressed as grievances. (Education Code § 87610.1)
8.3.3.4 5.3.3.4 Any grievance pursuant to the provisions of 8.3.3.2 5.3.3.2 and 8.3.3.3 5.3.3.3 above, may be filed by the employee on his/her own behalf or by the UFO. The UFO shall have no duty of fair representation with respect to taking any of these grievances to arbitration, and the employee shall be entitled to pursue a matter to arbitration with or without the representation of the UFO according to the provisions of the law. (Education Code § 87610.1)be
8.3.3.5 5.3.3.5 Grievances filed pursuant to the provisions of 8.3.3.2 5.3.3.2 and 8.3.3.3 5.3.3.3 shall be subject to advisory arbitration.
8.3.3.5.1 5.3.3.5.1 The arbitrator will submit a written recommendation to the Board of Trustees, with copies to the grievant and UFO.
8.3.3.5.2 5.3.3.5.2 If neither the President/ Superintendent nor UFO files a request to the Board to undertake review of the advisory decision within ten (10) days of its issuance, or if the Board declines such a request, then the decision shall be deemed adopted by the Board and becomes final and binding on all parties. If a timely request for review is filed with the Board, by either the President/Superintendent or UFO, and accepted by the Board, it must then undertake review of the entire hearing record and briefs. The Board may also, if it deems it appropriate, permit oral arguments by representatives of the parties, but only in the presence of one another.
8.3.3.5.3 5.3.3.5.3 Within twenty (20) days after receiving the record, the Board shall render a decision on the matter, which decision shall be final and binding on all parties. If the Board does not render such a decision within the time specified, then it shall be deemed to have adopted the decision recommended by the arbitrator.
8.3.3.5.4 5.3.3.5.4 The arbitrator shall have authority to issue any remedies set forth in Education Code section 87610.1(d).
8.3.3.5.5 5.3.3.5.5 Any final decision reached as a result of the grievance procedure shall be subject to review pursuant to Section 87611 of the Education Code.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Tenure Review Grievances. 8.3.3.1 5.3.3.1 Tenure review decisions pursuant to Article 8.3.3.2 5.3.3.2 and 8.3.3.3 5.3.3.3 below are governed by Education Code Sections 87601.1 and 87611. Accordingly, the grievance procedures herein shall be read in harmony with the provisions of the Education Code.harmony
8.3.3.2 5.3.3.2 Allegations that the District, in a decision to reappoint a probationary employee, violated, misinterpreted, or misapplied any of its policies and procedures concerning the evaluation of probationary employees shall be classified and procedurally addressed as grievances. (Education Code § 87610.1)
8.3.3.3 5.3.3.3 Allegations that the District, in a decision to grant tenure, made a negative decision that to a reasonable person was unreasonable, or violated, misinterpreted, or misapplied any of its policies and procedures concerning the evaluation of probationary employees shall be classified and procedurally addressed as grievances. (Education Code § 87610.1)
8.3.3.4 5.3.3.4 Any grievance pursuant to the provisions of 8.3.3.2 5.3.3.2 and 8.3.3.3 5.3.3.3 above, may be filed by the employee on his/her own behalf or by the UFO. The UFO shall have no duty of fair representation with respect to taking any of these grievances to arbitration, and the employee shall be entitled to pursue a matter to arbitration with or without the representation of the UFO according to the provisions of the law. (Education Code § 87610.1)
8.3.3.5 5.3.3.5 Grievances filed pursuant to the provisions of 8.3.3.2 5.3.3.2 and 8.3.3.3 5.3.3.3 shall be subject to advisory arbitration.
8.3.3.5.1 5.3.3.5.1 The arbitrator will submit a written recommendation to the Board of Trustees, with copies to the grievant and UFO.
8.3.3.5.2 5.3.3.5.2 If neither the President/ Superintendent nor UFO files a request to the Board to undertake review of the advisory decision within ten (10) days of its issuance, or if the Board declines such a request, then the decision shall be deemed adopted by the Board and becomes final and binding on all parties. If a timely request for review is filed with the Board, by either the President/Superintendent or UFO, and accepted by the Board, it must then undertake review of the entire hearing record and briefs. The Board may also, if it deems it appropriate, permit oral arguments by representatives of the parties, but only in the presence of one another.
8.3.3.5.3 5.3.3.5.3 Within twenty (20) days after receiving the record, the Board shall render a decision on the matter, which decision shall be final and binding on all parties. If the Board does not render such a decision within the time specified, then it shall be deemed to have adopted the decision recommended by the arbitrator.
8.3.3.5.4 5.3.3.5.4 The arbitrator shall have authority to issue any remedies set forth in Education Code section 87610.1(d).
8.3.3.5.5 5.3.3.5.5 Any final decision reached as a result of the grievance procedure shall be subject to review pursuant to Section 87611 of the Education Code.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Tenure Review Grievances. 8.3.3.1 5.3.3.1 Tenure review decisions pursuant to Article 8.3.3.2 5.3.3.2 and 8.3.3.3 5.3.3.3 below are governed by Education Code Sections 87601.1 and 87611. Accordingly, the grievance procedures herein shall be read in harmony with the provisions of the Education Code.Code.
8.3.3.2 5.3.3.2 Allegations that the District, in a decision to reappoint a probationary employee, violated, misinterpreted, or misapplied any of its policies and procedures concerning the evaluation of probationary employees shall be classified and procedurally addressed as grievances. (Education Code § 87610.1)87610.1)
8.3.3.3 5.3.3.3 Allegations that the District, in a decision to grant tenure, made a negative decision that to a reasonable person was unreasonable, or violated, misinterpreted, or misapplied any of its policies and procedures concerning the evaluation of probationary employees shall be classified and procedurally addressed as grievances. (Education Code § 87610.1)87610.1)
8.3.3.4 5.3.3.4 Any grievance pursuant to the provisions of 8.3.3.2 5.3.3.2 and 8.3.3.3 5.3.3.3 above, may be filed by the employee on his/her own behalf or by the UFO. The UFO shall have no duty of fair representation with respect to taking any of these grievances to arbitration, and the employee shall be be entitled to pursue a matter to arbitration with or without the representation of the UFO according to the provisions of the law. (Education Code § 87610.1)
8.3.3.5 5.3.3.5 Grievances filed pursuant to the provisions of 8.3.3.2 5.3.3.2 and 8.3.3.3 5.3.3.3 shall be subject to advisory arbitration.arbitration.
8.3.3.5.1 5.3.3.5.1 The arbitrator will submit a written recommendation to the Board of Trustees, with copies to the grievant and UFO.UFO.
8.3.3.5.2 5.3.3.5.2 If neither the President/ Superintendent nor UFO files a request to the Board to undertake review of the advisory decision within ten (10) days of its issuance, or if the Board declines such a request, then the decision shall be deemed adopted by the Board and becomes final and binding on all parties. If a timely request for review is filed with the Board, by either the President/Superintendent or UFO, and accepted by the Board, it must then undertake review of the entire hearing record and briefs. The Board may also, if it deems it appropriate, permit oral arguments by representatives of the parties, but only in the presence of one another.another.
8.3.3.5.3 5.3.3.5.3 Within twenty (20) days after receiving the record, the Board shall render a decision on the matter, which decision shall be final and binding on all parties. If the Board does not render such a decision within the time specified, then it shall be deemed to have adopted the decision recommended by the arbitrator.arbitrator.
8.3.3.5.4 5.3.3.5.4 The arbitrator shall have authority to issue any remedies set forth in Education Code section 87610.1(d).87610.1(d).
8.3.3.5.5 5.3.3.5.5 Any final decision reached as a result of the grievance procedure shall be subject to review pursuant to Section 87611 of the Education Code.Code.
Appears in 1 contract
Samples: Collective Bargaining Agreement
