GRIEVANCE (continued). 2. No reprisals of any kind shall be taken by the Superintendent or by any member or representative of the District against a grievant or person who assisted the grievant by reason of a person being a grievant or person who assisted the grievant.
GRIEVANCE (continued). 3. As to any matter not subject to binding arbitration, the Parties reserve their rights to pursue other available legal remedies.
GRIEVANCE (continued). 6. The fees and expenses of the arbitrator shall be shared equally by the BOARD and the ASSOCIATION. All other fees and expenses, including administrative fees, shall be assessed according to the voluntary labor arbitration rules of the American Arbitration Association.
GRIEVANCE (continued). B. Each grievance or appeal shall, on forms printed by the BOARD and available through the ASSOCIATION, set forth specifically or by reference to the original grievance, who the grievant is, what provision of this agreement or policy, rule, regulation, or practice is alleged to have been violated, misinterpreted, or misapplied, by appropriate reference when it happened, where it happened, the allegation of the grievant himself/herself, and the relief requested.
GRIEVANCE (continued). J. Any individual administrator may present grievances to the Superintendent or his/her designee and have the grievances adjusted without intervention of the bargaining representative, provided that the grievant has been given an opportunity to have a bargaining representative present at such adjustment. But should the adjustment be inconsistent with the terms of this collective bargaining agreement or any policy, rule, regulation or practice relating to any matter upon which the BOARD is obligated to bargain, the ASSOCIATION may, in its own name, appeal that decision at the step of the grievance procedure immediately following the step where the grievance was temporarily resolved.
GRIEVANCE (continued). Employer shall meet and attempt to agree on a neutral arbitrator. If unable to reach agreement, they may request an arbitrator from the Public Employment Relations Commission or a list of nine (9) arbitrators from the American Arbitration Association. Upon receipt of the list, the two representatives shall meet within fifteen (15) calendar days to alternately strike names until one name remains. This person shall serve as the sole arbitrator.
GRIEVANCE (continued). 5. The award of the arbitrator shall be accepted as final and binding on the Association, its members, the administrator or administrators involved, and the Board. There shall be no appeal from an arbitrator's decision if said decision is within the scope of the arbitrator's authority as described below, or if no fraud, collusion or duress is present.
GRIEVANCE (continued). Step 1: The Union shall first present the grievance in writing to the Chief who shall review the grievance and render a written decision within ten (10) calendar days of receipt of the written grievance. The written grievance shall state: (i) the facts upon which the Union is basing the grievance and the nature of the alleged violation of the Agreement (refer to Article 12, Section 1); (ii) the Section(s) of the Agreement alleged to have been violated; (iii) the remedy sought by the Union; and (iv) any other relevant information.
GRIEVANCE (continued). SECTION 5. Each party shall pay the expenses of their own representatives, witnesses, and other costs associated with the presentation of their case and one-half (1/2) the expenses of the arbitrator. If either party requests a stenographic record of the arbitration, the cost of said record and the stenographer’s time will be borne by the requesting party. Provided, however, if the other party also requests a copy of stenographic record, then the parties will equally split all costs charged by the stenographer/court reporter. Both parties shall have access to all recording and stenographic record.
GRIEVANCE (continued) fifteen (15) calendar days to alternately strike names until one name remains. This person shall serve as the sole arbitrator.
