Common use of ADJUSTMENT OF GRIEVANCES Clause in Contracts

ADJUSTMENT OF GRIEVANCES. Level 1 An administrator with a grievance shall, with or without a representative of the Association, present it to his Principal and/or immediate Supervisor within the time limit specified in Paragraph B 4. Should the grievance involve a decision of the Superintendent of Schools, or School Committee, it may be commenced at Level 2 of this procedure. Level 2 In the event that the grievance shall not have been disposed of at Level 1 to the satisfaction of the aggrieved employee, or in the event that no decision has been reached within seven (7) days after presentation of the grievance to the immediate supervisor and/or Principal, the grievance shall be reduced to writing and referred to the Superintendent of Schools within fourteen (14) days after the issuance of the unsatisfactory disposition or the expiration of the seven (7) day time limit provided herein, whichever comes first. Within fourteen (14) days after the receipt of the written grievance by the Superintendent, he/she or his/her designee shall meet with the aggrieved employee and representatives of the Association in an effort to settle the grievance. Level 3 In the event that the grievance shall not have been satisfactorily disposed of at Level 2, or in the event that no decision has been rendered within twenty-one (21) days after the Level 2 meeting, the grievance shall be referred in writing to the Committee within twenty-one (21) days after the issuance of the unsatisfactory disposition or the expiration of the twenty-one (21) day time limit provided herein, whichever comes first. Within twenty-one (21) days after receipt of the written grievance, the Committee or its designees will meet with representatives of the Association in an effort to settle the grievance. In the event that such a hearing is held by designees, the decision shall be in writing and approved by the Committee prior to its issuance. The grievant shall be granted a hearing by the full Committee at his/her request on any disciplinary matter. Level 4 In the event that the grievance shall not have been satisfactorily disposed of at Level 3, or in the event that no decision has been rendered within twenty-one (21) days after the Xxxxx 0 meeting, the Association may refer the grievance, in writing, to the American Arbitration Association for arbitration under their rules within twenty-one (21) days after the issuance of the unsatisfactory disposition or the expiration of the twenty-one (21) day time limit, provided herein, whichever comes first. The results of such arbitration shall be final and binding on both parties.

Appears in 3 contracts

Samples: p16cdn4static.sharpschool.com, www.newbedfordschools.org, www.doe.mass.edu

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ADJUSTMENT OF GRIEVANCES. Grievances shall be presented and adjusted in the following manner: Level 1 An administrator with One All grievances which involve a question within the scope of responsibility of the grievant's appropriate supervisor will be filed and thoroughly discussed at this level. The grievance shall, with or without shall be filed in writing by the grievant and a representative of the Association, present it Association with the appropriate supervisor. The supervisor shall submit his written answer to his Principal and/or immediate Supervisor the member and the Association within the time limit specified in Paragraph B 4. Should the grievance involve a decision fifteen (15) business days of the Superintendent filing of Schools, or School Committee, it may be commenced at Level 2 of this procedurethe grievance. Level 2 In the event that Two Administrators shall proceed directly to Level Two. If the grievance shall not have been be disposed of at Level 1 hereunder to the member's satisfaction and the member and the Association shall have determined to proceed further, the member and a representative of the aggrieved employee, or in the event that no decision has been reached within seven (7) days after presentation Association shall present a written statement of the grievance to the immediate supervisor and/or Principal, the grievance shall be reduced to writing and referred to the Superintendent within twenty-five (25) business days of Schools within fourteen (14) days after the issuance of the unsatisfactory disposition or the expiration of the seven (7) day time limit provided herein, whichever comes first. Within fourteen (14) days after the receipt of the written grievance by the Superintendent, he/she or his/her designee supervisor's answer. The Superintendent shall meet with the aggrieved employee member and representatives a representative of the Association in an effort to settle the grievance, provided that the Superintendent may designate another to act in his place and provided further, that if the Superintendent so designates another and his disposition is not satisfactory to the member, the member and a representative of the Association shall have the right to meet with the Superintendent. In any event, the written answer of the Superintendent to the grievant and the Association is due no later than twenty-five (25) business days after the filing of the grievance at this level. Provided the parties agree, Level One and/or Level Two of the Grievance procedure may be bypassed and the grievance brought directly to Level Three. Level 3 In the event that Three If the grievance shall not have been satisfactorily disposed of at under Level 2Two to the member's satisfaction and the employee and the Association shall have determined to proceed further, or in the event that no decision has been rendered within twenty-one (21) days after the Level 2 meeting, a written statement of the grievance shall be referred in writing presented within ten (10) business days of receipt of the Superintendent's answer by the Association to the Committee. The written decision of the School Committee shall be due within twenty-one five (2125) business days after the issuance of the unsatisfactory disposition or the expiration filing of the twenty-one (21) day time limit provided hereingrievance at the School Committee Level. PROVISIONS APPLICABLE TO GRIEVANCES AT XXXXX XXX, whichever comes first. Within twenty-one (21) days after receipt of the written grievance, the Committee or its designees will meet with representatives of the Association in an effort to settle the grievance. In the event that such a hearing is held by designees, the decision shall be in writing and approved by the Committee prior to its issuance. The grievant shall be granted a hearing by the full Committee at his/her request on any disciplinary matter. Level 4 In the event that the grievance shall not have been satisfactorily disposed of at Level 3, or in the event that no decision has been rendered within twenty-one (21) days after the Xxxxx 0 meeting, the Association may refer the grievance, in writing, to the American Arbitration Association for arbitration under their rules within twenty-one (21) days after the issuance of the unsatisfactory disposition or the expiration of the twenty-one (21) day time limit, provided herein, whichever comes first. The results of such arbitration shall be final and binding on both partiesXXXXX XXX XXX XXXXX XXXXX.

Appears in 2 contracts

Samples: www.cpsd.us, p5cdn4static.sharpschool.com

ADJUSTMENT OF GRIEVANCES. Level 1 An administrator with The purpose of this section is to establish procedures for discussion, procedures and settlement as defined in Section of this Article. 2 Grievances shall mean a complaint or claim of alleged unjust discipline or discharge, or involving any matter of interpretation or application of, or compliance with, the provisions of this Agreement. Nothing will be deemed a grievance shalluntil the cause for complaint has been verbally discussed by the employee with his supervisor with his grievance man present. Unless extended by a mutual agreement, with or without a representative grievance by a worker must be filed within five working days of the Associationworker’s knowledge of the alleged occurrence. STEP The grieving employee shall present his written grievance, present it signed by the the Grievance Representative, and the Union President to his Principal and/or immediate the Supervisor personally. The written grievance shall be answered in writing within the time limit specified in Paragraph B 4three working days after being presented. Should STEP If the grievance involve is not satisfactorily adjusted at the first step, one or more members of the Grievance Committee shall present the grievance in writing to the Superintendent or Area Manager personally, who shall render a decision in writing within three working days. STEP If the grievance is not satisfactorily adjusted at the second step, the Union Grievance Committee shall present the grievance in writing to the Human Resources Manager who shall render a decision in writing within five working days. The Union’s representative may participate in the discussion if his assistance is requested by the Grievance Committee or the Human Resources Manager. If a satisfactory decision is not reached at the third step, the matter in dispute may, at the request of either party, be submitted to Arbitration. A grievance which the Grievance Committee does not feel pertains to the Supervisor or Superintendent of Schoolsor Area Manager; a Policy Grievance, or School Committee, it may be commenced at Level 2 of this procedure. Level 2 In the event that the grievance shall not have been disposed of at Level 1 presented personally to the satisfaction of Human Resources Manager by the aggrieved employee, or in Grievance Committee and he shall notify the event that no decision has been reached Grievance Committee within seven (7) three working days after presentation at which step of the grievance to the immediate supervisor and/or Principal, procedure the grievance shall be reduced to writing and referred to the Superintendent of Schools within fourteen (14) days after the issuance of the unsatisfactory disposition or the expiration of the seven (7) day time limit provided herein, whichever comes first. Within fourteen (14) days after the receipt of the written grievance by the Superintendent, he/she or his/her designee shall meet with the aggrieved employee and representatives of the Association in an effort to settle the grievance. Level 3 In the event that the grievance shall not have been satisfactorily disposed of at Level 2, or in the event that no decision has been rendered within twenty-one (21) days after the Level 2 meeting, the grievance shall be referred in writing to the Committee within twenty-one (21) days after the issuance of the unsatisfactory disposition or the expiration of the twenty-one (21) day time limit provided herein, whichever comes first. Within twenty-one (21) days after receipt of the written grievance, the Committee or its designees will meet with representatives of the Association in an effort to settle the grievance. In the event that such a hearing is held by designees, the decision shall be in writing and approved by the Committee prior to its issuance. The grievant shall be granted a hearing by the full Committee at his/her request on any disciplinary matter. Level 4 In the event that the grievance shall not have been satisfactorily disposed of at Level 3, or in the event that no decision has been rendered within twenty-one (21) days after the Xxxxx 0 meeting, the Association may refer the grievance, in writing, to the American Arbitration Association for arbitration under their rules within twenty-one (21) days after the issuance of the unsatisfactory disposition or the expiration of the twenty-one (21) day time limit, provided herein, whichever comes first. The results of such arbitration shall be final and binding on both partiesstarted.

Appears in 1 contract

Samples: Collective Agreement

ADJUSTMENT OF GRIEVANCES. Level 1 An administrator with Section 1. Should any employee or group of employees consider that he, she or they have a grievance, work shall not be suspended but an xxxxxxx effort shall be made to settle such grievances as herein provided. Grievances, within the meaning of this Article, shall consist of disputes about working conditions, about the interpretation and application of particular clauses of this Agreement to a particular employee or group of employees, and about all alleged violations of this Agreement. No grievance shall be entitled to consideration unless it is filed by the end of the seventh working day following the day upon which occurred the event out of which the grievance arose except for the following events which have special time limits for filing: Job evaluation (See Article X, Section 3) Pensions (See Pension Language) Suspension or discharge (See Article VI, Section 2) For those "events" which the Union or the employee learns of only through written notification by the Company, the seventh working day period shall begin upon the receipt of such written notification. With regard to grievances pertaining to an alleged violation of reclassifying an employee to a lower rated job classification but being allowed to hold a higher hourly rate for 30 days, the seven working day period for filing a grievance shallshall begin upon the receipt by the employee of a written notice of reclassification. With regard to grievances pertaining to an alleged violation concerning the awarding of a job classification for which an employee had bid, with or without the seven working day period for filing a representative grievance shall begin at the time the department posts a notice identifying the employee who has been awarded the job. With regard to grievances pertaining to an alleged violation concerning the awarding of a transfer to another department for which an employee had filed a transfer request, the seven working day period for filing a grievance shall begin the day on which the Company posts a notice, outside of the AssociationEmployment Office, identifying the name of the employee who has accepted the transfer. The effort to settle all grievances which are subject to this procedure shall be made pursuant to the following steps: FIRST, between the aggrieved employee or employees and the Supervisor of the Department involved. The appropriate Shop Xxxxxxx may be present it to his Principal and/or immediate Supervisor within at this step of the procedure if requested by the employee. The supervisor will notify the employee and the appropriate shop xxxxxxx on that shift of the time limit specified in Paragraph B 4. Should and place at which the grievance involve a decision will be discussed. If such grievance is not satisfactorily adjusted by the end of the Superintendent fourth (4th) working day following the day upon which the grievance is presented, then SECOND, in order for grievances to be considered in Step 2, it shall be appealed in writing, on the form mutually agreed upon by the Company and the Union, specifying the exact Contract provisions alleged to be violated and a brief description of Schoolsthe facts in order to identify the grievance, by the Grievance Committee Chairperson to the Manager of Human Resources. Grievances will be accepted by the Company only if the grievance is signed by the employee or employees affected by the alleged violation unless that alleged violation affects a large number of employees and the Union therefore files it as a “Policy Grievance.” Grievances will be accepted by the Company only if the aggrieved employee or employees have completed the first step of the grievance procedure with the Supervisor of the Department. A grievance properly appealed to the Second Step shall be discussed in an attempt to settle it at a meeting between representatives or executives of the Company, not to exceed five (5) persons, as the Company may designate, and not more than five (5) members of the Union, or School alternate representatives designated by the Chairman of such Committee. The aggrieved employee may be present if requested by the Company or the Grievance Committee, it provided that in discharge cases, the employee must be present and in the event the employee is absent from the meeting because of an emergency the meeting shall be postponed. Second step meetings shall be held on the second and fourth Tuesdays of each month and special meetings may be commenced at Level 2 held to consider discharge cases when they arise more than one (1) week before the next regular meeting. At all such meetings, minutes shall be kept, transcripts of this procedurewhich will be available to the Company and to the Union. Level 2 Grievances which have been processed through the first step and have been advanced by the Union to the second step shall automatically be placed on the docket for the next second step meeting. In the event that second step meetings in addition to those specified above are necessary such meetings will be held at times mutually arranged by the grievance parties. The Company will notify the Union in writing of its decision within ten (10) working days following the second step meeting. If the Company fails to notify the Union in writing of its decision within such ten (10) working days, the matter shall not have been disposed of at Level 1 to the satisfaction be considered settled in favor of the aggrieved employee, or . Within ten (10) working days following the date the Company notifies the Union of its second step decision the Union shall notify the Company in writing if the event that no decision has been reached within seven (7) days after presentation of Union wishes to advance the grievance to the immediate supervisor and/or Principalthird step. If the Union fails to notify the Company in writing within such ten (10) day period of its desire to advance the grievance to the third step, the grievance matter shall be reduced considered settled in favor of the Company and not subject to further appeal. Within thirty (30) working days following receipt of a notice in writing and referred by the Union of its desire to advance a grievance to the Superintendent third step, the Company will make a concerted effort to schedule a third step meeting at a time and place agreeable to both the Company and the Union. Except for grievances on suspension or discharge, such meetings shall not be held within the period four (4) weeks prior to the start of Schools within fourteen contract negotiations and extending to four (144) days after weeks following the issuance conclusion of negotiations. THIRD, it shall be considered at a meeting between representatives or executives of the unsatisfactory disposition or the expiration of the seven (7) day time limit provided herein, whichever comes first. Within fourteen (14) days after the receipt of the written grievance by the Superintendent, he/she or his/her designee shall meet with the aggrieved employee Company and representatives of the Association in an effort to settle National Organization and the grievanceUnion and a member or members of the Grievance Committee. Level 3 In The aggrieved employee may be present at such meeting if requested by the event that Company or the grievance shall not Grievance Committee. Whenever there are grievances which have been satisfactorily disposed advanced by the Union to the third step, such meetings shall be held once during each calendar month. Inability of either side to have an individual present at Level 2, or such meeting who is crucial to its presentation shall be considered sufficient grounds for an automatic extension of ten (10) working days. Such ten (10) working day period may be extended by mutual written agreement of the Company and the Union. The Company will notify the Union in writing of its decision within ten (10) working days following the event that no third step meeting. If the Company fails to notify the Union in writing of its decision has been rendered within twenty-one such ten (2110) days after the Level 2 meetingworking days, the grievance matter shall be referred considered settled in writing favor of the aggrieved employee. FOURTH, within ten (10) working days following the date the third step decision is given to the Committee within twenty-one (21) days after Union, the issuance of Union shall notify the unsatisfactory disposition or Company by fax/mail and return fax/mail receipt, addressed to the expiration of Company, at 000 Xxxxxxxx Xxxxxx, X.X. Xxx 0000, Xxxxxxxxxxxx, Xxxxxxx 00000, if the twenty-one (21) day time limit provided herein, whichever comes firstUnion desires to have the matter settled by appeal to an impartial umpire. Within twenty-one (21) days after Upon receipt of such a certified letter from the written grievanceUnion, the Committee or its designees will meet with representatives Company and the Union shall within fifteen (15) working days following the receipt of such letter jointly submit the Association in an effort matter to settle the grievanceAmerican Arbitration Association. In the event that such a hearing the matter is held by designees, the decision shall be in writing and approved by the Committee prior to its issuance. The grievant shall be granted a hearing by the full Committee at his/her request on any disciplinary matter. Level 4 In the event that the grievance shall not have been satisfactorily disposed of at Level 3, or in the event that no decision has been rendered within twenty-one (21) days after the Xxxxx 0 meeting, the Association may refer the grievance, in writing, jointly submitted to the American Arbitration Association, the Association for shall proceed with the arbitration under their rules within twenty-one (21) days after the issuance of the unsatisfactory disposition or matter pursuant to the expiration Rules of the twenty-one (21) day time limitAssociation. Only grievances or disputes which are within the definition of grievances set forth in Section 1 of this Article and have followed the proper grievance steps shall be subject to the arbitration provision of this Agreement, provided hereinand the arbitrator shall be bound by the provisions of this Agreement and shall not have the power to add to, whichever comes firstsubtract from or vary from any of the terms of this agreement. The results of such arbitration arbitrator’s findings shall be final and binding and whose compensation and expenses shall be paid equally by the Union and the Company. A representative of the Human Resources Department may be present during any of the foregoing steps. Any grievance not appealed from the decision made in the first step of this procedure within four (4) working days after such decision, shall be considered settled on both partiesthe basis of the last decision and not subject to further appeal. Any grievance not appealed from the decision made in the third step of this procedure within ten (10) working days after such decision, shall be considered settled on the basis of the last decision and not subject to further appeal. It is agreed that nothing contained herein shall abridge or abolish the right of any individual employee or group of employees at any time to present grievances to the Company. The Company shall pay the members of the Grievance Committee at their regular rates of pay for regular working hours spent at a meeting held for the consideration of grievances in accordance with the second and third steps described above. Meetings of the Grievance Committee with employees shall not be held during working hours nor shall time spent therein be compensated by the Company except that the Company will allow up to twenty (20) minutes for members of the Grievance Committee prior to each specific grievance discussed in any second or third step meeting. The Grievance Committee herein referred to shall consist of not more than ten (10) employees, designated by the Union.

Appears in 1 contract

Samples: Agreement

ADJUSTMENT OF GRIEVANCES. Level 1 An administrator with Either the Employer, the Union or any employee has a right to lodge a grievance shallwith respect to any matter arising out of this Agreement or concerning the interpre- tation, with application or without a representative alleged violation of this Agreement. Any employee believing that he has been unjustly dealt with, or that the provisions of this Agreement have not be complied with, shall have the right to place such grievances in the hands of the AssociationUnion, present it for review and adjustment by the Employer if necessary. Such grievances shall be processed as follows: Step Within seven working days after the event giving rise to his Principal and/or immediate Supervisor within the time limit specified in Paragraph B 4. Should the grievance involve a decision of occurs, the Superintendent of Schools, or School Committee, it may be commenced at Level 2 of this procedure. Level 2 In the event that employee and his store xxxxxxx shall discuss the grievance with the Store Manager. The Manager shall not have been disposed of at Level 1 give an oral answer to the satisfaction of the aggrieved employee, or in the event that no decision has been reached grievance within seven (7) days after presentation of the grievance to the immediate supervisor and/or Principal, the four working days. Failing settlement; Step The grievance shall be reduced to writing and referred to discussed between the Superintendent of Schools Union Representative, the Store Manager and/or the Regional Manager. This discussion shall be held within fourteen (14) seven working days after the issuance of the unsatisfactory disposition or the expiration of the seven (7) day time limit provided herein, whichever comes first. Within fourteen (14) days after the receipt of the written grievance by the Superintendent, he/she or his/her designee shall meet with the aggrieved employee and representatives of the Association in decision at Step The Store Manager and/or Regional Manager will give an effort to settle the grievance. Level 3 In the event that the grievance shall not have been satisfactorily disposed of at Level 2, or in the event that no decision has been rendered within twenty-one (21) days after the Level 2 meeting, the grievance shall be referred answer in writing to the Committee grievance within twenty-one (21) four working days after the issuance of the unsatisfactory disposition or the expiration date of the twenty-one (21) day time limit provided herein, whichever comes firstmeeting. Within twenty-one (21) days after receipt Failing settlement; step The grievance shall be reduced to writing and forwarded to the Head Office of the written grievance, the Committee or its designees will meet with representatives Employer within one week of the Association in an effort decision at Step which shall have one week to settle dispose of the grievance. In the event that such a hearing is held by designees, the The decision shall be in writing and approved sent to the offices of the Union. If considered necessary by the Committee prior parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to its issuancethe other party seven days from the date of the meeting. In the case of a discharge, a grievance may be filed by an employee who feels he was unjustly dealt with. Such a grievance must be filed within four working days from the date of dismissal, and shall commence at Step In any subsequent disposal of this case during the Grievance Procedure, the Employer may reinstate the employee with full back pay, suspend the employee for a definite period, or sustain the discharge, if mutually agreed to by the parties to this Agreement. Grievances concerning rates shall commence at Step 2 of the Grievance Procedure and the disposition of such grievances, if sustained, shall include the determi- nation of the effective date of the increase with retroac- tivity thereto. The grievant shall Employer or the Union may file grievances commencing at Step 2 or Step The time limits as prescribed above may be granted a hearing modified by the full Committee at his/her request on any disciplinary matter. Level 4 In the event that the grievance shall not have been satisfactorily disposed of at Level 3, or in the event that no decision has been rendered within twenty-one (21) days after the Xxxxx 0 meeting, the Association may refer the grievance, in writing, to the American Arbitration Association for arbitration under their rules within twenty-one (21) days after the issuance mutual agreement of the unsatisfactory disposition or the expiration of the twenty-one (21) day time limit, provided herein, whichever comes first. The results of such arbitration shall be final and binding on both parties.

Appears in 1 contract

Samples: Memorandum of Agreement

ADJUSTMENT OF GRIEVANCES. Grievances shall be presented and adjusted in the following manner: Level 1 An administrator with One All grievances which involve a question within the scope of responsibility of the grievant's appropriate supervisor will be filed and thoroughly discussed at this level. The grievance shall, with or without shall be filed in writing by the grievant and a representative of the Association, present it Association with the appropriate supervisor. The supervisor shall submit his written answer to his Principal and/or immediate Supervisor the member and the Association within the time limit specified in Paragraph B 4. Should the grievance involve a decision fifteen (15) business days of the Superintendent filing of Schools, or School Committee, it may be commenced at Level 2 of this procedurethe grievance. Level 2 In the event that Two Administrators shall proceed directly to Level Two. If the grievance shall not have been be disposed of at Level 1 hereunder to the member's satisfaction and the member and the Association shall have determined to proceed further, the member and a representative of the aggrieved employee, or in the event that no decision has been reached within seven (7) days after presentation Association shall present a written statement of the grievance to the immediate supervisor and/or Principal, the grievance shall be reduced to writing and referred to the Superintendent within twenty-five (25) business days of Schools within fourteen (14) days after the issuance of the unsatisfactory disposition or the expiration of the seven (7) day time limit provided herein, whichever comes first. Within fourteen (14) days after the receipt of the written grievance by the Superintendent, he/she or his/her designee supervisor's answer. The Superintendent shall meet with the aggrieved employee member and representatives a representative of the Association in an effort to settle the grievance, provided that the Superintendent may designate another to act in his place and provided further, that if the Superintendent so designates another and his disposition is not satisfactory to the member, the member and a representative of the Association shall have the right to meet with the Superintendent. In any event, the written answer of the Superintendent to the grievant and the Association is due no later than twenty-five (25) business days after the filing of the grievance at this level. Provided the parties agree, Level One and/or Level Two of the Grievance procedure may be bypassed and the grievance brought directly to Level Three. Level 3 In the event that Three If the grievance shall not have been satisfactorily disposed of at under Level 2Two to the member's satisfaction and the employee and the Association shall have determined to proceed further, or in the event that no decision has been rendered within twenty-one (21) days after the Level 2 meeting, a written statement of the grievance shall be referred in writing presented within ten (10) business days of receipt of the Superintendent's answer by the Association to the Committee. The written decision of the School Committee shall be due within twenty-one five (2125) business days after the issuance of the unsatisfactory disposition or the expiration filing of the twenty-one (21) day time limit provided hereingrievance at the School Committee Level. PROVISIONS APPLICABLE TO GRIEVANCES AT LEVEL ONE, whichever comes first. Within twenty-one (21) days after receipt of the written grievance, the Committee or its designees will meet with representatives of the Association in an effort to settle the grievance. In the event that such a hearing is held by designees, the decision shall be in writing and approved by the Committee prior to its issuance. The grievant shall be granted a hearing by the full Committee at his/her request on any disciplinary matter. Level 4 In the event that the grievance shall not have been satisfactorily disposed of at Level 3, or in the event that no decision has been rendered within twenty-one (21) days after the Xxxxx 0 meeting, the Association may refer the grievance, in writing, to the American Arbitration Association for arbitration under their rules within twenty-one (21) days after the issuance of the unsatisfactory disposition or the expiration of the twenty-one (21) day time limit, provided herein, whichever comes first. The results of such arbitration shall be final and binding on both partiesLEVEL TWO AND LEVEL THREE.

Appears in 1 contract

Samples: cdnsm5-ss5.sharpschool.com

ADJUSTMENT OF GRIEVANCES. Level 1 An administrator The Company will recognize and deal with a grievance shall, with or without a representative Shop Stewards in work areas and at Company bases determined and appointed by the Union. It will be the responsibility of Shop Stewards to assist in the adjustment of Grievances arising out of the Associationinterpretation, present it to application, or alleged violation of this Agreement. Where an employee feels that there has been a violation or misinterpretation of any part of this Agreement, he, or a Shop Xxxxxxx, or any Officer of the Union on his Principal and/or immediate Supervisor behalf, will discuss the matter within seven calender days with the time limit specified in Paragraph B 4Department Manager who will, within four hours (save Saturday, Sunday and Statutory Holidays), give his decision thereof. Should Where the grievance involve a decision of the Superintendent of SchoolsDepartment Manager is unsatisfactory to the employee concerned or to the Union, or School Committeefailing a decision being received from the Manager as required by above, it the matter will be reduced to writing within a further seven calender days and submitted to the Department Head who will, within forty-eight hours (save Saturday, Sunday and Statutory Holidays), attach his written reply thereto. Collective Agreement, Page Failing a reply from the Vice President of or where the reply is unsatisfactory to the or to the union, the matter will be referred to Arbitration in accordance with below. Where employees are to be suspended or discharged, a Shop Xxxxxxx shall be notified before the employee leaves his work area. Where the Shop Xxxxxxx is unable to affect a settlement if a dispute exists at the time, a written Grievance may be commenced at Level 2 filed directly with the Department Head within seven ( 7 ) calendar days. Either Party to this Agreement may, within fourteen calender days of this procedure. Level 2 In the event that date when the grievance shall not matter was or should have been disposed of at Level 1 above, notify the other Party in writing of its decision to submit the satisfaction of the aggrieved employee, or matter in the event that no decision dispute to Arbitration. Where notice has been reached within seven (7) days after presentation of the grievance given by either Party to the immediate supervisor and/or Principalrefer a matter dispute to Arbitration, the grievance selection of an Arbitrator shall be reduced made numerically from a List of persons previously agreed to writing and referred to the Superintendent of Schools within fourteen (14) days after the issuance of the unsatisfactory disposition or the expiration of the seven (7) day time limit provided herein, whichever comes first. Within fourteen (14) days after the receipt of the written grievance by the Superintendent, he/she Parties. Should the first person named on the List be unable to hear the matter within thirty (30) calender day or his/her designee shall meet with such other time as the aggrieved employee and representatives of the Association in an effort to settle the grievance. Level 3 In the event that the grievance shall not have been satisfactorily disposed of at Level 2, or in the event that no decision has been rendered within twenty-one (21) days after the Level 2 meetingParties may agree, the grievance shall next person named will be referred in writing to the Committee within twenty-one (21) days after the issuance of the unsatisfactory disposition or the expiration of the twenty-one (21) day time limit provided herein, whichever comes first. Within twenty-one (21) days after receipt of the written grievance, the Committee or its designees will meet with representatives of the Association in an effort to settle the grievance. In the event that such a hearing is held by designees, the decision shall be in writing selected and approved by the Committee prior to its issuance. The grievant shall be granted a hearing by the full Committee at his/her request on any disciplinary matter. Level 4 In the event that the grievance shall not have been satisfactorily disposed of at Level 3, or in the event that no decision has been rendered within twenty-one (21) days after the Xxxxx 0 meeting, the Association may refer the grievance, in writing, to the American Arbitration Association for arbitration under their rules within twenty-one (21) days after the issuance of the unsatisfactory disposition or the expiration of the twenty-one (21) day time limit, provided herein, whichever comes first. The results of such arbitration shall be final and binding on both partiesso on.

Appears in 1 contract

Samples: Letter of Agreement

ADJUSTMENT OF GRIEVANCES. Level 1 An administrator with a grievance shall, with or without a representative The purpose of this Article is to establish procedure for discussion and prompt settlement of grievances related to the application and interpretation of the Association, present it to his Principal and/or immediate Supervisor within provisions of this Agreement. The Union may select a Union Grievance Committee composed of one Committeeman for each twenty-five (25) regular bargaining unit employees. The Union shall immediately advise the time limit specified Company in Paragraph B 4. Should the grievance involve a decision writing of the Superintendent names of Schools, or School Committee, it those selected and of any chan- ges that may be commenced occur. Not more than two Grievance Committeemen may act on the Union Grievance Com- mittee at Level 2 Step No. and not more than three (3) at Step No. of the Grievance Procedure. It is the purpose of this procedure. Level 2 In Article to settle com- plaints promptly and no grievance will be processed if the event that the grievance shall not have been disposed of at Level 1 to the satisfaction of the aggrieved employee, or in the event that no decision has been reached within circumstances on which it is based oc- curred or originated more than seven (7) days after presentation prior to the time the grievance is first presented in writing except in the event of a suspension. In the event of a suspension no grievance will be processed unless pre- sented within five (5) days of the return to work of the employee who was suspended. Any employee who believes that the Agree- ment has been violated with respect to him shall dis- cuss his complaint with his Xxxxxxx, accompanied by a Grievance Committeeman, if he so desires, and there shall be no deduction from their pay for time spent in such discussion. Recognizing the importance of full discussion between the Xxxxxxx and the em- ployee in clearing up misunderstandings and preserving harmonious relations, every effort shall be made at this point to settle the complaint. Should the employee feel that his complaint has not been satisfactorily re- solved after he has discussed it with his Xxxxxxx, he may request and shall receive from his Xxxxxxx a signed “Record of Complaint” form in duplicate. STEP NO. No earlier than twenty-four (24) hours following re- ceipt by the employee of the “Record of Complaint” form, his complaint may become a grievance and be presented to the immediate supervisor and/or Principalaggrieved employee’s Department Head in writing, clearly stating the violation being al- leged and the adjustment requested. A grievance shall be on a form provided by the Company and shall be signed by the aggrieved employee and by a Grievance Committeeman along with a copy of the “Record of Complaint” form. The Department Head andlor his representatives shall meet with the Grievance Com- mitteeman within five (5) days following receipt of the grievance. If the circumstances so warrant, the Xxxxxxx the may be present. The Department Head’s decision shall be given in writ- ing and a copy thereof returned to the Grievance Com- mitteeman within seventy-two (72) hours after the Step No. meeting. If no appeal is taken from the Depart- ment Head’s decision within the time limit set forth below, the grievance shall be reduced to writing and referred to considered settled on the Superintendent of Schools within fourteen (14) days after the issuance basis of the unsatisfactory disposition or the expiration of the seven (7) day time limit provided herein, whichever comes first. Within fourteen (14) days after the receipt of the written grievance by the Superintendent, he/she or his/her designee shall meet with the aggrieved employee and representatives of the Association in an effort to settle the grievance. Level 3 In the event that the grievance shall not have been satisfactorily disposed of at Level 2, or in the event that no decision has been rendered within twenty-one (21) days after the Level 2 meeting, the grievance shall be referred in writing to the Committee within twenty-one (21) days after the issuance of the unsatisfactory disposition or the expiration of the twenty-one (21) day time limit provided herein, whichever comes first. Within twenty-one (21) days after receipt of the written grievance, the Committee or its designees will meet with representatives of the Association in an effort to settle the grievance. In the event that such a hearing is held by designees, the decision shall be in writing and approved by the Committee prior to its issuance. The grievant shall be granted a hearing by the full Committee at his/her request on any disciplinary matter. Level 4 In the event that the grievance shall not have been satisfactorily disposed of at Level 3, or in the event that no decision has been rendered within twenty-one (21) days after the Xxxxx 0 meeting, the Association may refer the grievance, in writing, to the American Arbitration Association for arbitration under their rules within twenty-one (21) days after the issuance of the unsatisfactory disposition or the expiration of the twenty-one (21) day time limit, provided herein, whichever comes first. The results of such arbitration shall be final and binding on both partiesDepartment Head’s decision.

Appears in 1 contract

Samples: Letter of Agreement

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ADJUSTMENT OF GRIEVANCES. Level 1 An administrator with The purpose of this section is to establish procedures for discussion, procedures and settlement as defined in Section of this Article. Grievances shall mean a complaint or claim of alleged unjust discipline or discharge, or involv- ing any matter of interpretation or application of, or compliance with, the provisions of this Agreement. Nothing will be deemed a grievance shalluntil the cause for complaint has been verbally discussed by the employee with his supervisor with his grievance man present. Unless extend- ed by a mutual agreement, with or without a representative grievance by a worker must be filed within five working days of the Associationworker’s knowledge the alleged STEP The grieving employee shall present his written grievance, signed by the the Grievance Representative, and the Union Presi- dent to the Supervisor personally. The written grievance shall be answered in writing within three working days after being presented. STEP If the grievance is not satisfactorily adjusted at the first step, one or more members of the Grievance Committee shall present the grievance in writing to the Superintendent or Area Manager personally, who shall render a decision in writing within three working days. STEP If the grievance is not satisfactorily adjusted at the second step, the Union Grievance Committee shall present the grievance in writing to the Human Resources Manager who shall render a decision in writing within five working days. The Union’s representative may participate in the discussion if his assistance is requested by the Grievance Committee or the Human Resources Manager. If a satisfactory decision is not reached at the third step, the matter in dispute may, at the request of either party, be submitted to Arbitration. A grievance which the Grievance Committee does not feel pertains to the Supervisor or Superintendent or Area Manager; a Policy Grievance, may be presented personally to the Human Resources Manager by the Grievance Committee and he shall notify the Grievance Committee within three working days at which step of the grievance procedure the grievance shall be started. grievance shall be considered as having been satisfactorily adjusted in Step 1 or Step if it is not referred to the next step within five working days following a decision at the last step at which the grievance was presented and shall not be eligible for further appeal. grievance shall be considered as being satisfactorily adjusted at Step 3 if it is not referred to Arbitration within ten working days following a decision at Step and shall not be eligible for further appeal. Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is or where an allegation is made that this Agreement has been violated, either party may, after exhausting any grievance procedure establish- ed by this Agreement, notify the other party in writing of its desire to appeal the difference or allegation to Arbitration. The notice of appeal referred to in Article shall include a list of not more than three persons proposed by that party to be Arbitrator. If the other party does not agree to selection of any of the persons proposed, such party shall within five working days following receipt of such notice of appeal, submit a second list of not more than three persons proposed by it to his Principal and/or immediate Supervisor be Arbitrator. If the parties cannot agree to an Arbitrator from either list within a period of five working days following receipt of the time limit specified second list, the party appealing shall within ten working days thereafter, request the Minister of Labour of the Province of Ontario to appoint an Arbitrator. No person may be proposed or appointed as Arbitrator who has been involved in Paragraph B 4an attempt to negotiate or settle the grievance. Should Each of the parties hereto will jointly bear the expense of the Arbitrator. The proceedings of arbitration will be expedited by the parties hereto, At any stage of the grievance involve a decision procedure including Arbitration, the conferring parties may have the assistance of the Superintendent employee or employees concerned and any necessary witnesses, and all reasonable arrangements will be made to permit the conferring parties to have access to the plant and view disputed opera- tions and to confer with the necessary witnesses. Subject to the provisions of Schoolsabove, no matter may be submitted to Arbitration which has not been carried through all the previous steps of the grievance procedure. The Arbitrator shall not be to make any decision inconsistent with the provisions of this Agreement nor to alter, modify or School Committeeamend any part of this Agreement. Any grievance involving the interpretation of this contract which has disposed of hereunder, shall not be made the subject of another grievance. It is understood that the Company may present to the employee’s Grievance Committee any complaint with respect to the conduct of the Union, its Officers or Committee Men, during working hours or while on Company premises, and that if such complaint by the Company is not settled to the mutual satisfaction of the conferring parties, it may be commenced at Level 2 of this procedure. Level 2 In the event that the treated as a grievance shall not have been disposed of at Level 1 to the satisfaction of the aggrieved employee, or in the event that no decision has been reached within seven (7) days after presentation of the grievance to the immediate supervisor and/or Principal, the grievance shall be reduced to writing and referred to Arbitration in the Superintendent of Schools within fourteen (14) days after the issuance of the unsatisfactory disposition or the expiration of the seven (7) day time limit provided herein, whichever comes first. Within fourteen (14) days after the receipt of the written grievance by the Superintendent, he/she or his/her designee shall meet with the aggrieved employee and representatives of the Association in an effort to settle the grievance. Level 3 In the event that same way as the grievance shall not have been satisfactorily disposed of at Level 2, or in the event that no decision has been rendered within twenty-one (21) days after the Level 2 meeting, the grievance shall be referred in writing to the Committee within twenty-one (21) days after the issuance of the unsatisfactory disposition or the expiration of the twenty-one (21) day time limit provided herein, whichever comes first. Within twenty-one (21) days after receipt of the written grievance, the Committee or its designees will meet with representatives of the Association in an effort to settle the grievance. In the event that such a hearing is held by designees, the decision shall be in writing and approved by the Committee prior to its issuance. The grievant shall be granted a hearing by the full Committee at his/her request on any disciplinary matter. Level 4 In the event that the grievance shall not have been satisfactorily disposed of at Level 3, or in the event that no decision has been rendered within twenty-one (21) days after the Xxxxx 0 meeting, the Association may refer the grievance, in writing, to the American Arbitration Association for arbitration under their rules within twenty-one (21) days after the issuance of the unsatisfactory disposition or the expiration of the twenty-one (21) day time limit, provided herein, whichever comes first. The results of such arbitration shall be final and binding on both partiesemployee.

Appears in 1 contract

Samples: negotech.labour.gc.ca

ADJUSTMENT OF GRIEVANCES. Level 1 An administrator Grievances of employees within the bargaining unit shall be presented and adjusted in the following manner: LEVEL ONE – The employee with a grievance shallshall first discuss the matter with his/her immediate supervisor or principal in the presence of his/her Association representative, with the object of resolving the matter informally. In the event the aggrieved person is not satisfied with the disposition of his/her grievance he/she may then within five (5) business days invoke the formal grievance procedure. If the principal or without a representative of the Association, present it to his Principal and/or immediate Supervisor within the time limit specified in Paragraph B 4. Should supervisor determines the grievance involve a decision of the Superintendent of Schoolsaffects more than one building, or School Committee, he/she may advise it may be commenced at written and moved to Level 2 of this procedure3. Level 2 LEVEL TWO – In the event that the employee is not satisfied with the disposition of his/her grievance shall not have been disposed of at Level 1 One, a copy of the grievance from (Schedule B) shall be delivered to the satisfaction principal or supervisor within five (5) business days. Upon receipt of the aggrieved employeegrievance the principal or supervisor shall indicate his/her disposition in writing within five (5) business days, or in and shall furnish a copy to the Association. LEVEL THREE – In the event that no decision has been reached the employee is not satisfied with the disposition of his/her grievance at Level Two, he/she shall transmit the grievance and the principal’s or supervisor’s disposition to the Superintendent and School Board Secretary by Certified Mail within seven five (75) days after presentation business days. Within five (5) business days, the Superintendent shall issue his/her written disposition of the grievance to the immediate supervisor and/or Principalgrievant and an Association officer. LEVEL FOUR – If the employee is not satisfied with the disposition of his/her grievance at Level Three or if no disposition has been made, the grievance shall be reduced to writing and referred transmitted to the Superintendent of Schools Board within fourteen fifteen (1415) days after the issuance of the unsatisfactory disposition or the expiration of the seven (7) day time limit provided hereinbusiness days, whichever comes firstby filing a written copy thereof. Within fourteen fifteen (1415) business days after the from receipt of the written grievance by grievance, or its next regularly scheduled meeting, the Superintendent, he/she or his/her designee Board shall meet with the aggrieved employee and representatives of the Association in an effort to settle pass upon the grievance. Level 3 In the event that the grievance shall not have been satisfactorily disposed of at Level 2, or in the event that no decision has been rendered within twenty-one (21) days after the Level 2 meeting, the grievance shall be referred in writing to the Committee within twenty-one (21) days after the issuance of the unsatisfactory disposition or the expiration of the twenty-one (21) day time limit provided herein, whichever comes first. Within twenty-one (21) days after receipt of the written grievance, the Committee or its designees will meet with representatives of the Association in an effort to settle the grievance. In the event that such The Board may hold a hearing is held by designeesthereon, the decision shall be in writing and approved by the Committee prior may designate one or more of its members to its issuance. The grievant shall be granted hold a hearing by the full Committee at his/her request on any disciplinary matter. Level 4 In the event that the grievance shall not have been satisfactorily disposed of at Level 3, or in the event that no decision has been rendered within twenty-one (21) days after the Xxxxx 0 meeting, the Association may refer otherwise investigate the grievance, or prescribe such procedure as it may deem appropriate for consideration of the grievance, provided however, that in writingno event, except with the express written consent of the Association, shall final determination of the grievance be made by the Board more than (20) business days after its submission to the American Arbitration Association for arbitration under their rules within twenty-one (21) days after the issuance of the unsatisfactory disposition or the expiration of the twenty-one (21) day time limit, provided herein, whichever comes first. The results of such arbitration shall be final and binding on both partiesBoard.

Appears in 1 contract

Samples: Administrative Assistants Agreement

ADJUSTMENT OF GRIEVANCES. Level 1 An administrator with a grievance shallAny difference between the Company and any of its employees as to the interpretation, with application, administration or without a representative alleged xxxxx- tion of the Associationprovisions of this Agreement shall hereinafter be called a "grievance". An xxxxxxx effort shall be made to settle such dif- ferences without undue delay. Sundays, present it to his Principal and/or immediate Supervisor within Saturdays, and holidays shall not be counted in determining the time limit specified within which any action is to be taken under the provisions of this Article. The time limits set out for any stage in Paragraph B 4. Should the grievance involve a decision of the Superintendent of Schools, or School Committee, it procedure may be commenced at Level 2 of this procedureextended by mutual agreement. Level 2 In the event that the grievance shall not have been disposed of at Level 1 to the satisfaction of the aggrieved employee, or in the event that no decision has been reached within seven (7) days after presentation of the grievance to the immediate supervisor and/or Principal, the A grievance shall be reduced to writing and referred to dealt with in the Superintendent of Schools within fourteen (14) days after the issuance of the unsatisfactory disposition or the expiration of the seven (7) day time limit provided herein, whichever comes first. Within fourteen (14) days after the receipt of the written grievance by the Superintendent, he/she or his/her designee shall meet with the follow- ing manner: Stage One The aggrieved employee and representatives of may within a reasonable period from the Association in an effort to settle the grievance. Level 3 In the event that the time such grievance shall not have been satisfactorily disposed of at Level 2, arose present his grievance orally or in the event that no decision has been rendered within twenty-one (21) days after the Level 2 meeting, the grievance shall be referred in writing to the Committee designated manage- ment representative. In presenting such griev- ance and receiving any answer thereto he may, if he desires, be accompanied and rep- resented a xxxxxxx designated by the Local Union from the Area of the to handle such grievance at this stage. Stage One of the grievance procedure may be waived by mutual agreement of the or the xxxxxxx if one has been designated, and the designated management representa- tive at Stage One if such grievance pertains to a job posting or transfer to a vacancy in a work location or Area other than the Stage Two If within twenty-one (21) days from the time when the grievance was presented to the First Stage management representative a decision satisfactory to the employee is not given, pro- vided the parties to the grievance have not mutually agreed to waive Stage One, then the Area Grievance Committeeman, may, within days after the issuance decision of such management representative has been or should have been given, or within days from the date it was agreed to waive Stage One, submit on a form the intent to process the grievance to Stage Two to the Labour Relations Supervisor The information on this form shall not prejudice the Union’s position with respect to subsequent submissions or representations regarding such grievance at this stage. The Labour Relations Supervisor shall, when so notified, establish a date for a Stage Two hearing. The date of the unsatisfactory disposition or hearing shall not be more than days from the expiration date the Labour Relations Supervisor was advised of the twenty-one (21) day time limit provided hereinemployee’s intent to process the grievance to Stage Two, whichever comes firstunless mutually agreed upon. Within twenty-one (21) days after receipt of At the written grievancemeeting, the Committee or its designees will meet with representatives of employee, accompanied by the Association in an effort to settle Area Grievance Committeeman and the grievance. In case Xxxxxxx, shall present the event that such a hearing is held by designeesgrievance statement, the decision which shall be in writing and approved by shall set out the Committee prior to its issuance. The grievant shall be granted a hearing by the full Committee at his/her request on any disciplinary matter. Level 4 In the event that the grievance shall not have been satisfactorily disposed nature of at Level 3, or in the event that no decision has been rendered within twenty-one (21) days after the Xxxxx 0 meeting, the Association may refer the grievance, in writingthe remedy sought and any applicable section or provi- sion of this Agreement, provided that failure to properly identify such section or provision shall not prejudice the determination of the grievance on its merits. The management rep- resentative shall give to the American Arbitration Association for arbitration under their rules employee, the case Xxxxxxx, and the Area Grievance Committeeman his decision in writing within twenty-one (21) days after from the issuance date of the unsatisfactory disposition or the expiration of the twenty-one (21) day time limit, provided herein, whichever comes first. The results of such arbitration shall be final and binding on both partiesStage Two hearing.

Appears in 1 contract

Samples: Office, Clerical And

ADJUSTMENT OF GRIEVANCES. Level 1 An administrator with Section 1. Should any employee or group of employees consider that he, she or they have a grievance, work shall not be suspended but an xxxxxxx effort shall be made to settle such grievances as herein provided. Grievances, within the meaning of this Article, shall consist of disputes about working conditions, about the interpretation and application of particular clauses of this Agreement to a particular employee or group of employees, and about all alleged violations of this Agreement. No grievance shall be entitled to consideration unless it is filed by the end of the seventh working day following the day upon which occurred the event out of which the grievance arose except for the following events which have special time limits for filing: Pensions (See Pension Language) Suspension or discharge (See Article VI, Section 2) For those "events" which the Union or the employee learns of only through written notification by the Company, the seventh working day period shall begin upon the receipt of such written notification. With regard to grievances pertaining to an alleged violation of reclassifying an employee to a lower rated job classification but being allowed to hold a higher hourly rate for 30 days, the seven working day period for filing a grievance shallshall begin upon the receipt by the employee of a written notice of reclassification. With regard to grievances pertaining to an alleged violation concerning the awarding of a job classification for which an employee had bid, with or without the seven working day period for filing a representative grievance shall begin at the time the department posts a notice identifying the employee who has been awarded the job. With regard to grievances pertaining to an alleged violation concerning the awarding of a transfer to another department for which an employee had filed a transfer request, the seven working day period for filing a grievance shall begin the day on which the Company posts a notice, identifying the name of the Associationemployee who has accepted the transfer. The effort to settle all grievances which are subject to this procedure shall be made pursuant to the following steps: FIRST, between the aggrieved employee or employees and the Supervisor of the Department involved. The appropriate Shop Xxxxxxx may be present it to his Principal and/or immediate Supervisor within at this step of the procedure if requested by the employee. The supervisor will notify the employee and the appropriate shop xxxxxxx on that shift of the time limit specified in Paragraph B 4. Should and place at which the grievance involve a decision will be discussed. If such grievance is not satisfactorily adjusted by the end of the Superintendent fourth (4th) working day following the day upon which the grievance is presented, then SECOND, in order for grievances to be considered in Step 2, it shall be appealed in writing, on the form mutually agreed upon by the Company and the Union, specifying the exact Contract provisions alleged to be violated and a brief description of Schoolsthe facts in order to identify the grievance, by the Grievance Committee Chairperson to the Manager of Human Resources. Grievances will be accepted by the Company only if the grievance is signed by the employee or employees affected by the alleged violation unless that alleged violation affects a large number of employees and the Union therefore files it as a “Policy Grievance.” Grievances will be accepted by the Company only if the aggrieved employee or employees have completed the first step of the grievance procedure with the Supervisor of the Department. A grievance properly appealed to the Second Step shall be discussed in an attempt to settle it at a meeting between representatives or executives of the Company, not to exceed five (5) persons, as the Company may designate, and not more than five (5) members of the Union, or School alternate representatives designated by the Chairman of such Committee. The aggrieved employee may be present if requested by the Company or the Grievance Committee, it provided that in discharge cases, the employee must be present and in the event the employee is absent from the meeting because of an emergency the meeting shall be postponed. Second step meetings shall be held on the second and fourth Tuesdays of each month and special meetings may be commenced at Level 2 held to consider discharge cases when they arise more than one (1) week before the next regular meeting. At all such meetings, minutes shall be kept, transcripts of this procedurewhich will be available to the Company and to the Union. Level 2 Grievances which have been processed through the first step and have been advanced by the Union to the second step shall automatically be placed on the docket for the next second step meeting. In the event that second step meetings in addition to those specified above are necessary such meetings will be held at times mutually arranged by the grievance parties. The Company will notify the Union in writing of its decision within ten (10) working days following the second step meeting. If the Company fails to notify the Union in writing of its decision within such ten (10) working days, the matter shall not have been disposed of at Level 1 to the satisfaction be considered settled in favor of the aggrieved employee, or . Within ten (10) working days following the date the Company notifies the Union of its second step decision the Union shall notify the Company in writing if the event that no decision has been reached within seven (7) days after presentation of Union wishes to advance the grievance to the immediate supervisor and/or Principalthird step. If the Union fails to notify the Company in writing within such ten (10) day period of its desire to advance the grievance to the third step, the grievance matter shall be reduced considered settled in favor of the Company and not subject to further appeal. Within thirty (30) working days following receipt of a notice in writing and referred by the Union of its desire to advance a grievance to the Superintendent third step, the Company will make a concerted effort to schedule a third step meeting at a time and place agreeable to both the Company and the Union. Except for grievances on suspension or discharge, such meetings shall not be held within the period four (4) weeks prior to the start of Schools within fourteen contract negotiations and extending to four (144) days after weeks following the issuance conclusion of negotiations. THIRD, it shall be considered at a meeting between representatives or executives of the unsatisfactory disposition or the expiration of the seven (7) day time limit provided herein, whichever comes first. Within fourteen (14) days after the receipt of the written grievance by the Superintendent, he/she or his/her designee shall meet with the aggrieved employee Company and representatives of the Association in an effort to settle National Organization and the grievanceUnion and a member or members of the Grievance Committee. Level 3 In The aggrieved employee may be present at such meeting if requested by the event that Company or the grievance shall not Grievance Committee. Whenever there are grievances which have been satisfactorily disposed advanced by the Union to the third step, such meetings shall be held once during each calendar month. Inability of either side to have an individual present at Level 2, or such meeting who is crucial to its presentation shall be considered sufficient grounds for an automatic extension of ten (10) working days. Such ten (10) working day period may be extended by mutual written agreement of the Company and the Union. The Company will notify the Union in writing of its decision within ten (10) working days following the event that no third step meeting. If the Company fails to notify the Union in writing of its decision has been rendered within twenty-one such ten (2110) days after the Level 2 meetingworking days, the grievance matter shall be referred considered settled in writing favor of the aggrieved employee. FOURTH, within ten (10) working days following the date the third step decision is given to the Committee within twenty-one (21) days after Union, the issuance of Union shall notify the unsatisfactory disposition or Company by email, if the expiration of Union desires to have the twenty-one (21) day time limit provided herein, whichever comes firstmatter settled by appeal to an impartial umpire. Within twenty-one (21) days after Upon receipt of such email from the written grievanceUnion, the Committee or its designees will meet with representatives Company and the Union shall within fifteen (15) working days following the receipt of such email jointly submit the Association in an effort matter to settle the grievanceAmerican Arbitration Association. In the event that such a hearing the matter is held by designees, the decision shall be in writing and approved by the Committee prior to its issuance. The grievant shall be granted a hearing by the full Committee at his/her request on any disciplinary matter. Level 4 In the event that the grievance shall not have been satisfactorily disposed of at Level 3, or in the event that no decision has been rendered within twenty-one (21) days after the Xxxxx 0 meeting, the Association may refer the grievance, in writing, jointly submitted to the American Arbitration Association, the Association for shall proceed with the arbitration under their rules within twenty-one (21) days after the issuance of the unsatisfactory disposition or matter pursuant to the expiration Rules of the twenty-one (21) day time limitAssociation. Only grievances or disputes which are within the definition of grievances set forth in Section 1 of this Article and have followed the proper grievance steps shall be subject to the arbitration provision of this Agreement, provided hereinand the arbitrator shall be bound by the provisions of this Agreement and shall not have the power to add to, whichever comes firstsubtract from or vary from any of the terms of this agreement. The results of such arbitration arbitrator’s findings shall be final and binding and whose compensation and expenses shall be paid equally by the Union and the Company. A representative of the Human Resources Department may be present during any of the foregoing steps. Any grievance not appealed from the decision made in the first step of this procedure within four (4) working days after such decision, shall be considered settled on both partiesthe basis of the last decision and not subject to further appeal. Any grievance not appealed from the decision made in the third step of this procedure within ten (10) working days after such decision, shall be considered settled on the basis of the last decision and not subject to further appeal. It is agreed that nothing contained herein shall abridge or abolish the right of any individual employee or group of employees at any time to present grievances to the Company. The Company shall pay a maximum of three members of the Grievance Committee at their regular rates of pay for regular working hours spent at a meeting held for the consideration of grievances in accordance with the second and third steps described above. Meetings of the Grievance Committee with employees shall not be held during working hours nor shall time spent therein be compensated by the Company except that the Company will allow up to twenty (20) minutes for members of the Grievance Committee prior to each specific grievance discussed in any second or third step meeting. The Grievance Committee herein referred to shall consist of not more than ten (10) employees, designated by the Union.

Appears in 1 contract

Samples: Agreement

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