Common use of Formal Procedure Clause in Contracts

Formal Procedure. Level One: The administrator will arrange for a meeting to take place within five (5) days after the receipt of the Level One grievance. The administrator shall provide the grievant and the Association with a written answer to the grievance within five (5) days after the meeting. Level Two: If the grievant is not satisfied with the disposition of his/her grievance at Level One, the grievance may be appealed to the Superintendent. The Superintendent or his/her central office designee shall arrange with the grievant(s) and/or the Association for a hearing to take place within five (5) days of the receipt of the appeal. The grievant and the administration shall have the right to include in the presentation such witnesses and counselors as they deem necessary to develop facts pertinent to the grievance. If either party intends to bring legal counsel to this hearing, prior notification of at least two (2) days shall be provided to the other party. The Superintendent or his/her central office designee shall provide the grievant and the Association with a written answer to the grievance appeal within five (5) days after the hearing. The Superintendent may also direct the parties to submit the grievance to an Alternative Solution Panel before making an appeal to the Board at Level Three. The grievant may also request the grievance to be submitted to an Alternative Solution Panel before making an appeal to the Board at Level Three. If the grievance has not been solved by the conclusion of the Level Two hearing and either the Superintendent has directed or the grievant has request that the parties submit the grievance to the Alternative Solution Panel before making an appeal to the Board at Level Three, an Alternative Solution Panel consisting of two (2) members appointed by the administration and two members appointed by the SACT shall meet with the grievant(s) within ten (10) days of the Level Two decision in an attempt to find a solution to the grievance prior to appealing the grievance to the Board at Level Three. Level Three: If the decision at Level Two is unsatisfactory, the grievant shall have the right to submit the grievance to the Board of Education. Request for a hearing before the Board must be made to the President of the Board, in writing, within five (5) days after the decision has been submitted to the grievant in the Level Two process, or if the Alternative Solution Panel was utilized by the parties, within five (5) days of the recommendation made by the Alternative Solution Panel. The President of the Board shall arrange a meeting of the Board of Education to hear the appealed grievance at its next regularly scheduled Board meeting or at a special meeting called for that purpose within a reasonable amount of time. Neither party shall be permitted to insert in the School Board proceedings any evidence or testimony which was not submitted to the other party before the completion of the Level Two hearing or, if utilized, the Alternative Solution Panel process. A decision will be rendered by the Board of Education at the close of the hearing. In addition, the Board of Education shall submit its decision, in writing, to the grievant(s) with a copy to the President of the Association within five (5) days following the close of the Board meeting at which the grievance was heard.

Appears in 7 contracts

Samples: Master Contract, Master Contract, Master Contract

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Formal Procedure. Level OneLEVEL II: The administrator will arrange for a meeting to take place within Within five (5) days after the receipt of the Level One informal conference, if the potential grievance is not resolved, the grievance must be presented in writing on an Agency grievance form to the immediate supervisor. The written grievance shall contain a clear and concise statement of the grievance, the circumstances involved, the decision rendered at the informal conference, and reasons for the appeal, and the specific remedy sought. The immediate supervisor shall provide a decision to the grievant in writing within ten (10) days after receiving the grievance. If the immediate supervisor does not respond within the time limit, the grievant may appeal to the next level. Within the above time limits, either party may request a conference to discuss the grievance. The administrator shall provide the grievant and the Association with immediate supervisor may have conferees present at such a written answer to conference. LEVEL III: In the grievance within five (5) days after the meeting. Level Two: If event the grievant is not satisfied with the disposition of his/her grievance decision at Level OneII, the grievance grievant may be appealed appeal the decision to the SuperintendentChief Executive Officer/designee, within ten (10) days. The Superintendent or his/her central office designee This written appeal shall arrange with the grievant(s) and/or the Association for include a hearing to take place within five (5) days copy of the receipt original grievance, the decisions rendered at previous levels, and a clear, concise statement of the reasons for the appeal. The grievant and the administration shall have the right to include in the presentation such witnesses and counselors as they deem necessary to develop facts pertinent to the grievance. If either party intends to bring legal counsel to this hearing, prior notification of at least two (2) days shall be provided to the other party. The Superintendent or hisChief Executive Officer/her central office designee shall provide the grievant and the Association with communicate a written answer to the grievance appeal within five (5) days after the hearing. The Superintendent may also direct the parties to submit the grievance to an Alternative Solution Panel before making an appeal to the Board at Level Three. The grievant may also request the grievance to be submitted to an Alternative Solution Panel before making an appeal to the Board at Level Three. If the grievance has not been solved by the conclusion of the Level Two hearing and either the Superintendent has directed or the grievant has request that the parties submit the grievance to the Alternative Solution Panel before making an appeal to the Board at Level Three, an Alternative Solution Panel consisting of two (2) members appointed by the administration and two members appointed by the SACT shall meet with the grievant(s) decision within ten (10) days of after receiving the Level Two decision in an attempt to find a solution to appeal. LEVEL IV: In the grievance prior to appealing event the grievance to the Board at Level Three. Level Three: If grievant is not satisfied with the decision at Level Two is unsatisfactoryIII, the grievant shall have may appeal the right to submit the grievance decision to the Board of EducationDirectors within ten (10) days. Request for This written appeal shall include a hearing before the Board must be made to the President copy of the original grievance, the decisions rendered at previous levels, and a clear, concise statement of the reasons for the appeal. Either party may request a meeting within 2 days of the commencement of Level III. The Board, in writingits discretion, within five may determine the grievance itself, or may appoint a hearing officer to decide the case. When necessary to schedule grievance hearings during regular work hours, the Agency shall release employees requested to testify by a party. The grievant shall provide no less than one (51) days after the decision has been submitted full working day’s notice to the grievant in the Level Two process, or if the Alternative Solution Panel was utilized by the parties, within five (5) days Agency of the recommendation made by the Alternative Solution Panelindividuals who will need release time to testify. The President of the Board shall arrange a meeting of the Board of Education Directors has the power to hear the appealed grievance at its next regularly scheduled Board meeting or at render a special meeting called for that purpose within a reasonable amount of time. Neither party final decision, which shall be permitted to insert in the School Board proceedings any evidence or testimony which was not submitted to the other party before the completion of the Level Two hearing orbinding on all parties. If, if utilized, the Alternative Solution Panel process. A decision will be rendered by the Board of Education at the close of the hearing. In additionupon review, the Board determines that it is unable to render a final determination on the record, it may reopen the record for the taking of Education shall submit its additional evidence, prior to rendering the final decision, in writing, to the grievant(s) with a copy to the President of the Association within five (5) days following the close of the Board meeting at which the grievance was heard.

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Formal Procedure. Level One: The administrator grievance shall state the specific violation or condition with proper reference to the Agreement. It shall also set forth names, dates, and any other related facts which will arrange provide a sound basis for a meeting complete understanding of any such grievance. A grievance to take place be considered under this procedure must be initiated within ten (10) working days of the date the employee knew or should have known of the action which gives rise to his/her claim. Failure to initiate a grievance within this time will make the grievance null and void. Level A - Within five (5) working days of a grievance being referred, the Superintendent will meet with the participant(s) and shall give a written answer within seven (7) working days of any such meeting. If the grievance is not settled at this level, then within five (5) working days after the of receipt of the answer rendered at this level, the grievance may be referred to Level One B. Level B - Within ten (10) working days of a grievance being referred to this level, the Board will meet with the participants of Level A and examine the facts of the grievance. The administrator shall provide the grievant and the Association with a written Board will give its answer to the grievance within five (5) working days after the of any such meeting. Level Two: If Time periods specified in this procedure may be extended by mutual agreement. In the grievant event a grievance is not satisfied with the disposition of his/her grievance at Level Onefiled on or after June 1, the parties agree to make a good faith effort to reduce the time limits set forth herein so that the grievance procedure may be appealed exhausted as soon thereafter as is practicable. Failure at any step of this procedure to communicate the decision on a grievance within the specified time limits, (unless extended by mutual agreement) shall permit the aggrieved person to proceed to the Superintendentnext level. The Superintendent or his/her central office designee shall arrange with the grievant(s) and/or the Association for Failure at any level of this procedure to appeal a hearing to take place within five (5) days of the receipt of the appeal. The grievant and the administration shall have the right to include in the presentation such witnesses and counselors as they deem necessary to develop facts pertinent to the grievance. If either party intends to bring legal counsel to this hearing, prior notification of at least two (2) days shall be provided to the other party. The Superintendent or his/her central office designee shall provide the grievant and the Association with a written answer to the grievance appeal within five (5) days after the hearing. The Superintendent may also direct the parties to submit the grievance to an Alternative Solution Panel before making an appeal to the Board at Level Three. The grievant may also request the grievance to be submitted to an Alternative Solution Panel before making an appeal to the Board at Level Three. If the grievance has not been solved by the conclusion of the Level Two hearing and either the Superintendent has directed or the grievant has request that the parties submit the grievance to the Alternative Solution Panel before making an appeal next level within the specified time limits shall be deemed to be acceptance of the Board decision rendered at Level Three, an Alternative Solution Panel consisting of two (2) members appointed that level. Any party in interest may be accompanied by counsel or by a representative selected by the administration grievant/s. The Association may appear and two members appointed by the SACT shall meet with the grievant(s) within ten (10) days be heard at any stage of the Level Two decision in an attempt to find a solution to the grievance prior to appealing the grievance to the Board at Level Three. Level Three: If the decision at Level Two is unsatisfactory, the grievant shall have the right to submit the grievance to the Board of Education. Request for a hearing before the Board must be made to the President of the Board, in writing, within five (5) days after the decision has been submitted to the grievant in the Level Two process, or if the Alternative Solution Panel was utilized by the parties, within five (5) days of the recommendation made by the Alternative Solution Panel. The President of the Board shall arrange a meeting of the Board of Education to hear the appealed grievance at its next regularly scheduled Board meeting or at a special meeting called for that purpose within a reasonable amount of time. Neither party shall be permitted to insert in the School Board proceedings any evidence or testimony which was not submitted to the other party before the completion of the Level Two hearing or, if utilized, the Alternative Solution Panel process. A decision will be rendered by the Board of Education at the close of the hearing. In addition, the Board of Education shall submit its decision, in writing, to the grievant(s) with a copy to the President of the Association within five (5) days following the close of the Board meeting at which the grievance was heardprocedure.

Appears in 3 contracts

Samples: Agreement, Agreement, Agreement

Formal Procedure. Level One: The administrator will arrange for ‌ Step I If a meeting to take place grievance is not resolved within five (5) days after the receipt of the Level One grievance. The administrator shall provide informal meeting, the grievant and the Association with a written answer shall present his or her formal claim by submitting his or her grievance in writing using Form A. One copy shall go to the grievance within five Grievance Committee of his or her Association and two other copies to the Superintendent who, in turn, will present one of the copies to the supervisor involved. Three (53) days after receipt of Form A the meetingimmediate supervisor involved shall meet with the grievant and/or his or her representative in an effort to resolve the grievance. Level TwoThree (3) days after such meeting the supervisor shall indicate his or her disposition in writing using Form B. This disposition shall be submitted in triplicate: One copy going to the grievant, one to the Chairman of the Grievance Committee of his or her Association, and one to the Superintendent. Step II If the grievant is not satisfied with the disposition at Step I, or if no disposition has been made within the above time limits, the grievant shall complete Form C within five (5) days of the disposition and submit one copy to the Superintendent and one copy to the Chairman of the Grievance Committee of his/her grievance at Level One, the grievance may be appealed to the SuperintendentAssociation. The Superintendent or shall meet with the grievant and/or his/her central office designee shall arrange with representative and indicate in writing on Form D his/her disposition of the grievant(s) and/or the Association for a hearing to take place grievance within five (5) days of the receipt of the appeal. The grievant and the administration shall have the right to include in the presentation such witnesses and counselors as they deem necessary to develop facts pertinent to the grievance. Form C. Step III If either party intends to bring legal counsel to this hearing, prior notification of at least two (2) days shall be provided to the other party. The Superintendent or his/her central office designee shall provide the grievant and the Association is not satisfied with a the disposition at Step II, the grievant, with the written answer to the grievance appeal within five (5) days after the hearing. The Superintendent may also direct the parties to submit the grievance to an Alternative Solution Panel before making an appeal to the Board at Level Three. The grievant may also request the grievance to be submitted to an Alternative Solution Panel before making an appeal to the Board at Level Three. If the grievance has not been solved by the conclusion concurrence of the Level Two hearing and either the Superintendent has directed or the grievant has request that the parties submit the grievance to the Alternative Solution Panel before making an appeal to the Board at Level ThreeAssociation, an Alternative Solution Panel consisting of two (2) members appointed by the administration and two members appointed by the SACT shall meet with the grievant(s) may within ten (10) days of the Level Two decision in an attempt to find a solution to the grievance prior to appealing appeal the grievance to Grievance Mediation with mutual agreement of the Board. The parties shall contact the local FMCS office to mediate the grievance, or an alternative, mutually agreed upon mediator. The parties will hold a mediation session as soon as practicable following the selection of a mediator, but in no event more than thirty (30) calendar days from the appeal date unless mutually agreed by the parties. In the event there are costs and expenses which may be incurred in securing and utilizing the services of a mediator, such costs will be shared by the Board at Level Threeand the Association. Level Three: If As of the decision at Level Two is unsatisfactory, date of the grievant shall have the right written mutual agreement to submit the grievance to mediation, the Board of Education. Request timeline for a hearing before appealing to Step IV will be stayed until the Board must be made to the President end of the Board, in writing, within five (5) days after the decision has been submitted to the grievant in the Level Two process, or if the Alternative Solution Panel was utilized by the parties, within five (5) days of the recommendation made by the Alternative Solution Panel. The President of the Board shall arrange a meeting of the Board of Education to hear the appealed grievance at its next regularly scheduled Board meeting or at a special meeting called for that purpose within a reasonable amount of time. Neither party shall be permitted to insert in the School Board proceedings any evidence or testimony which was not submitted to the other party before the completion of the Level Two hearing or, if utilized, the Alternative Solution Panel process. A decision will be rendered by the Board of Education at the close of the hearing. In addition, the Board of Education shall submit its decision, in writing, to the grievant(s) with a copy to the President of the Association within five (5) days following the close of the Board meeting at which the grievance was heardGrievance Mediation session.

Appears in 2 contracts

Samples: Master Agreement, Negotiations Agreement

Formal Procedure. Level One: The administrator will arrange for ‌ Step I If a meeting to take place grievance is not resolved within five (5) days after the receipt of the Level One grievance. The administrator shall provide informal meeting, the grievant and the Association with a written answer shall present his or her formal claim by submitting his or her grievance in writing using Form A. One copy shall go to the grievance within five Grievance Committee of his or her Association and two other copies to the Superintendent who, in turn, will present one of the copies to the supervisor involved. Three (53) days after receipt of Form A, the meetingimmediate supervisor involved shall meet with the grievant and/or his or her representative in an effort to resolve the grievance. Level TwoThree (3) days after such meeting the supervisor shall indicate his or her disposition in writing using Form B. This disposition shall be submitted in triplicate: One copy going to the grievant, one to the Chairman of the Grievance Committee of his or her Association, and one to the Superintendent. Step II If the grievant is not satisfied with the disposition at Step I, or if no disposition has been made within the above time limits, the grievant shall complete Form C within five (5) days of the disposition and submit one copy to the Superintendent and one copy to the Chairman of the Grievance Committee of his/her grievance at Level One, the grievance may be appealed to the SuperintendentAssociation. The Superintendent or shall meet with the grievant and/or his/her central office designee shall arrange with representative and indicate in writing on Form D his/her disposition of the grievant(s) and/or the Association for a hearing to take place grievance within five (5) days of the receipt of the appeal. The grievant and the administration shall have the right to include in the presentation such witnesses and counselors as they deem necessary to develop facts pertinent to the grievance. Form C. Step III If either party intends to bring legal counsel to this hearing, prior notification of at least two (2) days shall be provided to the other party. The Superintendent or his/her central office designee shall provide the grievant and the Association is not satisfied with a the disposition at Step II, the grievant, with the written answer to the grievance appeal within five (5) days after the hearing. The Superintendent may also direct the parties to submit the grievance to an Alternative Solution Panel before making an appeal to the Board at Level Three. The grievant may also request the grievance to be submitted to an Alternative Solution Panel before making an appeal to the Board at Level Three. If the grievance has not been solved by the conclusion concurrence of the Level Two hearing and either the Superintendent has directed or the grievant has request that the parties submit the grievance to the Alternative Solution Panel before making an appeal to the Board at Level ThreeAssociation, an Alternative Solution Panel consisting of two (2) members appointed by the administration and two members appointed by the SACT shall meet with the grievant(s) may within ten (10) days of the Level Two decision in an attempt to find a solution to the grievance prior to appealing appeal the grievance to Grievance Mediation with mutual agreement of the Board. The parties shall contact the local FMCS office to mediate the grievance, or an alternative, mutually agreed upon mediator. The parties will hold a mediation session as soon as practicable following the selection of a mediator, but in no event more than thirty (30) calendar days from the appeal date unless mutually agreed by the parties. In the event there are costs and expenses which may be incurred in securing and utilizing the services of a mediator, such costs will be shared by the Board at Level Threeand the Association. Level Three: If As of the decision at Level Two is unsatisfactory, date of the grievant shall have the right written mutual agreement to submit the grievance to mediation, the Board of Education. Request timeline for a hearing before appealing to Step IV will be stayed until the Board must be made to the President end of the Board, in writing, within five (5) days after the decision has been submitted to the grievant in the Level Two process, or if the Alternative Solution Panel was utilized by the parties, within five (5) days of the recommendation made by the Alternative Solution Panel. The President of the Board shall arrange a meeting of the Board of Education to hear the appealed grievance at its next regularly scheduled Board meeting or at a special meeting called for that purpose within a reasonable amount of time. Neither party shall be permitted to insert in the School Board proceedings any evidence or testimony which was not submitted to the other party before the completion of the Level Two hearing or, if utilized, the Alternative Solution Panel process. A decision will be rendered by the Board of Education at the close of the hearing. In addition, the Board of Education shall submit its decision, in writing, to the grievant(s) with a copy to the President of the Association within five (5) days following the close of the Board meeting at which the grievance was heardGrievance Mediation session.

Appears in 2 contracts

Samples: Master Agreement, Negotiations Agreement

Formal Procedure. Level One: The administrator grievance shall state the specific violation or condition with proper reference to this Agreement. It shall also set forth names, dates, and any other related facts which will arrange provide a sound basis for a meeting to take place complete understanding of any such grievance. A grievance must be filed within forty-five (545) days after the receipt of the Level One grievance. The administrator shall provide the grievant and the Association with a written answer to the grievance within five (5) days after the meeting. Level Two: If the grievant is not satisfied with the disposition of his/her grievance at Level One, the grievance may be appealed to the Superintendent. The Superintendent or his/her central office designee shall arrange with the grievant(s) and/or the Association for a hearing to take place within five (5) consecutive days of the receipt time the grievant knew or should have known of the appeal. The grievant and the administration shall have the right to include in the presentation such witnesses and counselors as they deem necessary to develop facts pertinent giving rise to the grievance. If either party intends to bring legal counsel to this hearingLevel A Within three (3) days of receipt of a formal grievance, prior notification of at least the building principal, or his designee who shall be an administrator, will meet with the aggrieved teacher. Within two (2) days following any such meeting, the principal, or the principal's designee, shall be provided to the other party. The Superintendent or his/her central office designee shall provide the grievant and the Association with a written give an answer to the grievance appeal within five (5) days after the hearing. The Superintendent may also direct the parties to submit the grievance to an Alternative Solution Panel before making an appeal to the Board at Level Three. The grievant may also request the grievance to be submitted to an Alternative Solution Panel before making an appeal to the Board at Level Threein writing. If the grievance has is not been solved by the conclusion of the Level Two hearing and either the Superintendent has directed or the grievant has request that the parties submit the grievance to the Alternative Solution Panel before making an appeal to the Board settled at Level Threethis level, an Alternative Solution Panel consisting of two (2) members appointed by the administration and two members appointed by the SACT shall meet with the grievant(s) then within ten (10) days from receipt of the Level Two decision in an attempt to find a solution to answer rendered at this level, the grievance prior shall be referred to appealing the grievance to the Board at Level Three. B. Level Three: If the decision at Level Two is unsatisfactory, the grievant shall have the right to submit the grievance to the Board of Education. Request for a hearing before the Board must be made to the President of the Board, in writing, within five B Within ten (5) days after the decision has been submitted to the grievant in the Level Two process, or if the Alternative Solution Panel was utilized by the parties, within five (510) days of a grievance being referred to this level, the recommendation made by Assistant Superintendent for Keene will meet with the Alternative Solution Panelparticipants of Level A and examine the facts of the grievance. The President Assistant Superintendent shall respond in writing within seven (7) days of any such meeting. If the grievance is not settled at this level, then within ten (10) days from receipt of the Board answer rendered at this level, the grievance shall arrange be referred to Level C. However, a meeting of teacher or the Board may elect to skip Level C and refer the grievance directly to Level D. Level C Within ten (10) days of Education a grievance being referred to hear the appealed grievance at its next regularly scheduled Board meeting or at a special meeting called for that purpose within a reasonable amount of time. Neither party shall be permitted to insert in the School Board proceedings any evidence or testimony which was not submitted to the other party before the completion of the Level Two hearing or, if utilized, the Alternative Solution Panel process. A decision will be rendered by the Board of Education at the close of the hearing. In additionthis level, the Board will meet with the participants of Education Level B and examine the facts of the grievance. The Board shall submit give its decisionanswer within seven (7) days of any such meeting. If the grievance is not settled at this level, then within ten (10) days from receipt of the answer rendered at this level, the grievance may be referred to Level D. Level D Except as otherwise provided in writingthis Agreement, if the grievance remains unsettled, then the matter may be referred by the Association to binding arbitration, but excluding issues which are managerial prerogatives as set forth in RSA 273 A-1: 11. If the matter is referred to arbitration, then the parties shall apply to the grievant(s) with American Arbitration Association, or the Association and the Board may mutually agree upon an Arbitrator. In arbitrating a copy grievance, the arbitrator shall have no power or authority to do other than interpret and apply the President provisions of this Agreement. The arbitrator shall have no power to add or subtract from, alter, or modify any of the Association within five (5) days following said provisions. The arbitrator shall, thereafter, submit a decision to both parties. Either party may appeal the close arbitrator’s decision to Supreme Court in accordance with the provisions of the Board meeting at which the grievance was heardRSA 542.

Appears in 2 contracts

Samples: Agreement, Agreement

Formal Procedure. LEVEL I If the grievance is not resolved to the satisfaction of the grievant by the informal procedure, the grievant may further pursue the grievance by submitting a formal grievance form, Level One: The administrator will arrange for a meeting I, to take place within the immediate supervisor, with copies to the Chairperson of the Grievance Committee, and the Superintendent. Within five (5) days after the receipt of the Level One grievanceI form, the immediate supervisor shall meet with the grievant. The administrator shall provide If the immediate supervisor is the building level principal, the grievant and may request to have the Association level one meeting with a written answer to the grievance within Superintendent or designee. Within five (5) days after such meeting the meetingimmediate supervisor shall write a disposition of the grievance by completing the Level I form and returning a copy to the grievant, the Association's Grievance Committee chairperson and the Superintendent. Level Two: LEVEL II If the grievant is not satisfied with the disposition of his/her grievance at Level OneI, the grievance may be appealed to the Superintendent. The Superintendent or his/her central office designee shall arrange with the grievant(s) and/or the Association for a hearing to take place within five (5) days of the receipt of the appeal. The grievant and the administration shall have the right to include in the presentation such witnesses and counselors as they deem necessary to develop facts pertinent to the grievance. If either party intends to bring legal counsel to this hearing, prior notification of at least two (2) days shall be provided to the other party. The Superintendent or his/her central office designee shall provide the grievant and the Association with a written answer to the grievance appeal within five (5) days after the hearing. The Superintendent may also direct the parties to submit the grievance to an Alternative Solution Panel before making an appeal to the Board at Level Three. The grievant may also request the grievance to be submitted to an Alternative Solution Panel before making an appeal to the Board at Level Three. If the grievance has not been solved by the conclusion of the Level Two hearing and either the Superintendent has directed or the grievant has request that the parties submit the grievance to the Alternative Solution Panel before making an appeal to the Board at Level Three, an Alternative Solution Panel consisting of two (2) members appointed by the administration and two members appointed by the SACT shall meet with the grievant(s) within ten (10) days after receipt of the Level Two decision in an attempt to find a solution to the grievance prior to appealing the grievance to the Board disposition at Level Three. Level Three: If the decision at Level Two is unsatisfactory, the grievant shall have the right to submit the grievance to the Board of Education. Request for I request a hearing before the Board must be made and Superintendent by delivering a written request for such hearing to the President of the Board, in writing, within five (5) days after the decision has been submitted to the grievant in the Level Two process, or if the Alternative Solution Panel was utilized by the parties, within five (5) days of the recommendation made by the Alternative Solution PanelTreasurer. The President of the Board shall arrange conduct a meeting of hearing on the Board of Education to hear Grievance at the appealed grievance at its next regularly scheduled Board meeting or at a special meeting called following the grievant's request for that purpose within a reasonable amount of time. Neither party shall be permitted to insert in the School Board proceedings any evidence or testimony which was not submitted to the other party hearing before the completion of the Level Two hearing or, if utilized, the Alternative Solution Panel process. A decision will be rendered by the Board of Education contingent upon at the close of the hearing. In addition, the Board of Education shall submit its decision, in writing, to the grievant(s) with least a copy to the President of the Association within five (5) days following the close of day notice prior to the Board meeting by the grievant. The hearing before the Board shall be conducted in Executive Session unless both the Board and the grievant agree otherwise in writing. The Association may invite parties for its side of the grievance; the Board may invite parties for its rebuttal. All parties may stay for entirety at which executive session upon mutual agreement of the grievance was heard.Association and the Board. The Board's decision shall be given in writing to the grievant and the Association within ten (10) days. LEVEL III

Appears in 2 contracts

Samples: Master Contract, Master Contract

Formal Procedure. Level One: I If the grievance cannot be settled by the informal procedure, the Employee shall provide a written grievance on a form available in the school office within two (2) days after failure to resolve the grievance informally. A copy will be kept by the Employee and copies will be given to the Representative of the Association and to the Treasurer. The administrator original copy will arrange for be given to the Principal (Level I) or Superintendent (Level II—in the event the matter is beyond the jurisdiction of the Principal). The Principal, within two (2) days shall set up a meeting after presentation of the written grievance. All official replies will be placed on the original grievance. The meeting on the written grievance shall include the Principal, the staff member filing the grievance, and an Association representative(s). The Principal, after the meeting, shall make his/her decision known in writing within two (2) days. Copies of this decision should be sent to take place the Employee, Association President, the Association representative present at the meeting, the Superintendent, and the file for formal grievances kept in the school office. Parties shall proceed to Level II within seven (7) days if the grievance is not satisfactorily resolved. Level II In the event a satisfactory settlement has not been reached, or the matter is beyond the jurisdiction of the Principal, the written grievance shall be submitted to the Superintendent and a conference set which is mutually agreed upon within five (5) days. The meeting on the written grievance shall include the Superintendent, the Employee filing the written grievance, and an Association representative(s). The Superintendent shall submit a written reply to the Employee, the Association President and representative, within seven (7) days. If the decision is accepted by all parties involved, the disposition shall be made available to the Employee, Association President and Association representative within five (5) days. Level III In the event the parties involved and the Superintendent cannot reach agreement, the written grievance shall be submitted to the Board by presenting the grievance in writing to the Treasurer or his/her representative or other person designated by the Board in his/her absence, within five (5) days following the decision at Level II. The Board shall review the grievance with the affected parties in executive session at the next regular Board meeting. Each decision shall be made available in writing to the Employee and the Association within ten (10) days after the Board meeting. Level IV If PLEA is not satisfied with the decision in Level III, the Portage Lakes Education Association may request in writing by serving the same on the Treasurer within five (5) days after the receipt of the Level One grievanceIII decision, a hearing by an arbitrator. The administrator shall provide the grievant and the Association with a written answer to the grievance within five (5) days after the meeting. Level Two: If the grievant is not satisfied with the disposition arbitrator will be selected by mutual agreement of his/her grievance at Level One, the grievance may be appealed to the Superintendent. The Superintendent or his/her central office designee shall arrange with the grievant(s) and/or the Association for a hearing to take place within five (5) days representatives of the receipt of the appeal. The grievant and the administration shall have the right to include in the presentation such witnesses and counselors as they deem necessary to develop facts pertinent to the grievanceparties. If either party intends to bring legal counsel to this hearing, prior notification of at least two (2) days shall agreement cannot be provided to the other party. The Superintendent or his/her central office designee shall provide the grievant and the Association with a written answer to the grievance appeal within five (5) days after the hearing. The Superintendent may also direct the parties to submit the grievance to an Alternative Solution Panel before making an appeal to the Board at Level Three. The grievant may also request the grievance to be submitted to an Alternative Solution Panel before making an appeal to the Board at Level Three. If the grievance has not been solved by the conclusion of the Level Two hearing and either the Superintendent has directed or the grievant has request that the parties submit the grievance to the Alternative Solution Panel before making an appeal to the Board at Level Three, an Alternative Solution Panel consisting of two (2) members appointed by the administration and two members appointed by the SACT shall meet with the grievant(s) reached within ten (10) days of the Level Two decision filing of the request for a hearing, either party or the parties jointly filing may petition the American Arbitration Association (AAA) for a list of arbitrators from which selection shall be made in an attempt to find accordance with its Voluntary Rules. Either party may request a solution to second list. The cost of the grievance prior to appealing the grievance to arbitrator shall be borne equally by the Board at Level Three. Level Three: If and the decision at Level Two is unsatisfactory, the grievant shall have the right to submit the grievance to the Board of Education. Request for a hearing before the Board must be made to the President of the Board, in writing, within five (5) days after the decision has been submitted to the grievant in the Level Two process, or if the Alternative Solution Panel was utilized by the parties, within five (5) days of the recommendation made by the Alternative Solution Panel. The President of the Board shall arrange a meeting of the Board of Education to hear the appealed grievance at its next regularly scheduled Board meeting or at a special meeting called for that purpose within a reasonable amount of timeAssociation. Neither party shall be permitted responsible for the cost of a transcript ordered to insert be used by the other party. The decision of the arbitrator shall be final and binding upon the parties hereto. The arbitrator shall not have the power to add to, or subtract from, or modify any of the terms of this Agreement and shall be confined to the precise issue raised in the School Board proceedings any evidence or testimony which was not submitted to the other party before the completion of the written grievance at Level Two hearing or, if utilized, the Alternative Solution Panel process. A decision will be rendered by the Board of Education at the close of the hearing. In addition, the Board of Education shall submit its decision, in writing, to the grievant(s) with a copy to the President of the Association within five (5) days following the close of the Board meeting at which the grievance was heardIII.

Appears in 2 contracts

Samples: dam.assets.ohio.gov, serb.ohio.gov

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Formal Procedure. Level One: The administrator will arrange for II Within thirty (30) days of the occurrence, or within thirty (30) days of when the employee could reasonably have known of the occurrence of the act or omission giving rise to the grievance, the grievant must present his/her grievance in writing on the District-provided form to the Immediate Supervisor. This District form shall contain a meeting clear and concise statement of the grievance, the circumstances involved, the decision rendered at the informal conference, and the specific remedy sought. This District form shall communicate a decision to take place the employee in writing within five ten (510) days after receiving the receipt of the Level One grievance. The administrator shall provide If the Supervisor does not respond within the time limits, the grievant and the Association with a written answer may appeal to the grievance within five (5) days after next level. Within the meetingforegoing time limits, either party may request a personal conference to discuss the grievance. Either the grievant or the Immediate Supervisor may have a conferee present at such a conference. Level Two: III If the grievant is not satisfied with the disposition of his/her grievance decision at Level OneII, the grievance employee may be appealed to the Superintendent. The Superintendent or his/her central office designee shall arrange with the grievant(s) and/or the Association for a hearing to take place within five (5) days of the receipt of the appeal. The grievant and the administration shall have the right to include in the presentation such witnesses and counselors as they deem necessary to develop facts pertinent to the grievance. If either party intends to bring legal counsel to this hearing, prior notification of at least two (2) days shall be provided to the other party. The Superintendent or his/her central office designee shall provide the grievant and the Association with a written answer to the grievance appeal within five (5) days after the hearing. The Superintendent may also direct the parties to submit the grievance to an Alternative Solution Panel before making an appeal to the Board at Level Three. The grievant may also request the grievance to be submitted to an Alternative Solution Panel before making an appeal to the Board at Level Three. If the grievance has not been solved by the conclusion of the Level Two hearing and either the Superintendent has directed or the grievant has request that the parties submit the grievance to the Alternative Solution Panel before making an appeal to the Board at Level Three, an Alternative Solution Panel consisting of two (2) members appointed by the administration and two members appointed by the SACT shall meet with the grievant(s) within ten (10) days appeal the decision to the Superintendent. This written appeal statement shall include a copy of the Level Two original grievance, the appeals, and the decisions rendered at previous levels, and a clear, concise statement of the reasons for the appeal. The Superintendent shall communicate a decision in an attempt to find a solution to the grievance prior to appealing the grievance to the Board at Level Threewithin ten (10) days. Level Three: If IV In the event the grievant is not satisfied with the decision at Level Two is unsatisfactoryIII, the employee may request from the State Mediation and Conciliation Service the assistance of a mediator to help the parties resolve the grievance. The mediator will not issue any decision or findings. Any offer of compromise by either party may not be used or referred to, if the grievance is not resolved at this level. The grievant must request this step within ten (10) days after receiving the Level III decision. Level V If the grievance is not resolved at Level IV, the employee shall file, within ten (10) days, a copy of the Level III decision, a request for advisory arbitration, outlining the basis for the grievance and the requested adjustment. The advisory arbitrator shall be an arbitrator chosen by mutual Agreement of the District and the Federation. The neutral arbitrator shall be selected from a list of arbitrators provided by the State Mediation and Conciliation Service, except that the parties may mutually agree to another mode of selection. The District and the Federation shall bear the arbitration expenses equally, excluding any fees incurred by a party for their own representation. The arbitrator shall have no power to add to or subtract from the Agreement. The arbitrator shall not establish salary structures. The arbitrator shall, submit its recommendations to the governing board (with copies to the Federation and grievant), unless otherwise agreed by the parties. The grievant retains the right to submit bypass arbitration and appeal the Superintendent’s decision directly to the Governing Board. Level VI If the grievance is not resolved at Level IV the parties may, within ten (10) days appeal the decision to the Board of EducationTrustees. Request This written appeal statement shall include a copy of the original grievance, the appeals to, and the decisions rendered at previous levels, and a clear concise statement for a hearing before the Board must be made reason for the appeal to the President of the Board. If, in writing, within five (5) days after the decision has been submitted to the grievant in the Level Two process, or if the Alternative Solution Panel was utilized by the parties, within five (5) days of the recommendation made by the Alternative Solution Panel. The President of the Board shall arrange a meeting of the Board of Education to hear the appealed grievance at its next regularly scheduled Board meeting or at a special meeting called for that purpose within a reasonable amount of time. Neither party shall be permitted to insert in the School Board proceedings any evidence or testimony which was not submitted to the other party before the completion of the Level Two hearing or, if utilized, the Alternative Solution Panel process. A decision will be rendered by the Board of Education at the close of the hearing. In additionupon review, the Board of Education Trustees determines that it is unable to render a final determination on the record, it may reopen the record for the taking of additional evidence, prior to rendering the binding decision. Any decision to reopen the record by the Board may, at its sole discretion, be conducted in executive session. The Board of Trustees shall submit render a final decision on any grievance appeal to its decisionlevel, in writing, to the grievant(s) with a copy to the President of the Association within five thirty (530) days following of receipt of said appeal; the close of decision shall be binding to ALL parties. The parties agree to use the Board meeting at which the grievance was heardattached Grievance Form for all grievances.

Appears in 1 contract

Samples: Agreement

Formal Procedure. Level One: The administrator will arrange for a meeting to take place within five . Within fourteen (5) days after the receipt of the Level One grievance. The administrator shall provide the grievant and the Association with a written answer to the grievance within five (5) days after the meeting. Level Two: If the grievant is not satisfied with the disposition of his/her grievance at Level One, the grievance may be appealed to the Superintendent. The Superintendent or his/her central office designee shall arrange with the grievant(s) and/or the Association for a hearing to take place within five (514) days of the receipt of a formal grievance, the appealbuilding principal shall meet with the aggrieved staff member. The grievant and Within fourteen (14) days following any such meeting, the administration principal shall have the right to include give his/her answer in the presentation such witnesses and counselors as they deem necessary to develop facts pertinent to the grievancewriting. If either party intends the grievance is not settled at this level, then it may be referred (in writing), to bring legal counsel level two within fourteen (14) days of the receipt of any answer given at this level. Level Two. Within fourteen (14) days of a grievance being referred to this hearinglevel, prior notification the Superintendent of at least two (2) days shall be provided to the other party. The Superintendent Schools or his/her central office designee shall provide will meet with the grievant participants of level one and examine the Association with a written answer to facts of the grievance appeal within five (5) days after the hearinggrievance. The Superintendent may also direct the parties to submit the grievance to an Alternative Solution Panel before making an appeal to the Board at Level Three. The grievant may also request the grievance to be submitted to an Alternative Solution Panel before making an appeal to the Board at Level Threeof Schools or his/her designee shall give his/her answer (in writing) within fourteen (14) days of any such meeting. If the grievance has is not been solved settled at this level, then within fourteen (1 4) days from receipt of the answer rendered at this level, the grievance may be referred to level three, the School Board. Level Three. Within fourteen (14) days of a grievance being referred to this level, the Board will hold a hearing with the participants and examine the facts of the grievance. The Board will thereafter, within fourteen (14) days of such hearing, give its answer, in writing. If the grievance is still not settled, the matter may be referred to arbitration by the conclusion Association as set forth in level four of this procedure. Level Four. If the Level Two hearing and either the Superintendent has directed or the grievant has request that matter is referred to arbitration, then the parties submit the grievance shall first attempt to the Alternative Solution Panel before making an appeal agree on a mutually acceptable arbitrator. If they are unable to the Board at Level Three, an Alternative Solution Panel consisting of two do so within fourteen (2) members appointed by the administration and two members appointed by the SACT shall meet with the grievant(s) within ten (1014) days of the Level Two decision in an attempt to find a solution Association’s request for arbitration, then either party may apply to the grievance prior American Arbitration Association to appealing name an arbitrator under the grievance rules and procedures of the service. The arbitrator shall use his/her best efforts to arbitrate the Board at Level Three. Level Three: If the decision at Level Two is unsatisfactorygrievance, the grievant including matters of procedural and substantive arbitrability, but he/she shall have the right no power to submit the grievance add or to the Board of Education. Request for a hearing before the Board must be made to the President subtract from, alter, or modify any of the Board, in writing, within five (5) days after the said provisions of this Agreement. The arbitrator shall thereafter submit a written decision has been submitted to the grievant both parties. The parties agree to share equally in the Level Two process, or if the Alternative Solution Panel was utilized by the parties, within five (5) days compensation and expenses of the recommendation made by the Alternative Solution Panel. The President of the Board shall arrange a meeting of the Board of Education to hear the appealed grievance at its next regularly scheduled Board meeting or at a special meeting called for that purpose within a reasonable amount of time. Neither party shall be permitted to insert in the School Board proceedings any evidence or testimony which was not submitted to the other party before the completion of the Level Two hearing or, if utilized, the Alternative Solution Panel process. A decision will be rendered by the Board of Education at the close of the hearing. In addition, the Board of Education shall submit its decision, in writing, to the grievant(s) with a copy to the President of the Association within five (5) days following the close of the Board meeting at which the grievance was heardarbitrator.

Appears in 1 contract

Samples: Agreement

Formal Procedure. Level One: The administrator will arrange for a meeting grievance shall state the specified alleged violation or condition with proper reference to take place the contract Agreement. Grievances must be initiated within five (5) days after six months of when the receipt grievant knew or should have known of the Level One grievanceaction complained of. The administrator shall provide Association will identify the grievant and the Association with a written answer to the grievance within five (5) days after the meetingclass of affected employees in class action grievances. Level TwoA: If the grievant is not satisfied with the disposition of his/her grievance at Level One, the grievance may be appealed to the Superintendent. The Superintendent or his/her central office designee shall arrange with the grievant(s) and/or the Association for a hearing to take place within five Within ten (510) days of the receipt of a formal grievance, the appealBuilding Principal shall meet with the aggrieved teacher. The grievant and the administration shall have the right to include in the presentation such witnesses and counselors as they deem necessary to develop facts pertinent to the grievance. If either party intends to bring legal counsel to this hearing, prior notification of at least two Within ten (210) days following any such meeting, the Principal shall be provided to the other party. The Superintendent or his/her central office designee shall provide the grievant and the Association with a written give an answer to the grievance appeal within five (5) days after the hearing. The Superintendent may also direct the parties to submit the grievance to an Alternative Solution Panel before making an appeal to the Board at Level Three. The grievant may also request the grievance to be submitted to an Alternative Solution Panel before making an appeal to the Board at Level Threein writing. If the grievance has is not been solved by the conclusion of the settled at this level, then it may be referred to Level Two hearing and either the Superintendent has directed or the grievant has request that the parties submit the grievance to the Alternative Solution Panel before making an appeal to the Board at Level Three, an Alternative Solution Panel consisting of two (2) members appointed by the administration and two members appointed by the SACT shall meet with the grievant(s) B within ten (10) days of the Level Two decision in receipt of an attempt to find a solution to the grievance prior to appealing the grievance to the Board answer given at Level Threethis level. Level ThreeB: If the decision at Level Two is unsatisfactory, the grievant shall have the right to submit the grievance to the Board of Education. Request for a hearing before the Board must be made to the President of the Board, in writing, within five Within ten (5) days after the decision has been submitted to the grievant in the Level Two process, or if the Alternative Solution Panel was utilized by the parties, within five (510) days of a grievance being referred to this level, the recommendation made by Superintendent will meet with the Alternative Solution Panelparticipants of Level A and examine the facts of the grievance. The President Superintendent shall give an answer within ten (10) days of any such meeting. If the grievance is not settled at this level, then within ten (10) days from receipt of the Board shall arrange a meeting of answer rendered at this level, the Board of Education grievance may be referred to hear the appealed grievance at its next regularly scheduled Board meeting or at a special meeting called for that purpose within a reasonable amount of time. Neither party shall be permitted to insert in Level C, the School Board proceedings any evidence or testimony which was not submitted Board. Level C: Within ten (10) days of a grievance being referred to the other party before the completion of the Level Two hearing or, if utilized, the Alternative Solution Panel process. A decision will be rendered by the Board of Education at the close of the hearing. In additionthis level, the Board will hold a hearing with the participants of Education Levels B and C and examine the facts of the grievance. The Board will thereafter, within ten (10) days of such hearing, give its answer. If the grievance is still not settled, the matter may be referred to arbitration as set forth in Level D of this procedure. Level D: Except as otherwise provided in this Article IX, if the grievance remains unsettled then the matter may be referred by the Association to arbitration. If the matter is referred to arbitration, then the parties shall submit its decision, in writing, apply to the grievant(s) with a copy American Arbitration Association or other mutually agreed upon arbitration service to name an arbitrator under the President rules and procedures of the Association within five (5) days following the close service. The arbitrator's power and authority shall be limited to interpretation and application of the Board meeting at which provisions of this Agreement and the grievance was heardarbitrator shall have no power or authority to add to, subtract from, alter, or modify any of the provisions of this Agreement, and finally, the arbitrator shall have no power or authority to order the reinstatement of any teacher who is dismissed or non-renewed by the School Board. The arbitrator shall thereafter submit a decision to both parties. The arbitrator's decision shall be binding on both parties. The parties agree to share equally in the compensation and expense of the arbitrator.

Appears in 1 contract

Samples: Agreement

Formal Procedure. Level One: The administrator will arrange for a meeting to take place within STEP TWO Within five (5) teaching days after the receipt of the Level One grievance. The administrator oral answer, if the Grievance is not resolved, it shall provide be stated in writing, signed by the grievant Grievant and submitted to the building principal on the form supplied by the administration and approved by both the administration and the Association with a written answer Association. (See Appendix "C) The Grievance shall: (1) Name the Grievant involved, (2) state the facts giving rise to the grievance within Grievance, (3) identify the specific provisions of this Agreement alleged to have been violated, (4) include a general statement of the Grievance, and (5) indicate the specific relief requested. Within five (5) teaching days after receiving the meeting. Level Two: If the grievant is not satisfied with the disposition of his/her grievance at Level Onewritten Grievance, the grievance may be appealed to the Superintendent. The Superintendent or his/her central office designee principal shall arrange with the grievant(s) and/or the Association for a hearing to take place within five (5) days of the receipt of the appeal. The grievant and the administration shall have the right to include in the presentation such witnesses and counselors as they deem necessary to develop facts pertinent to the grievance. If either party intends to bring legal counsel to this hearing, prior notification of at least two (2) days shall be provided to the other party. The Superintendent or his/her central office designee shall provide the grievant and the Association with a written answer to the grievance appeal within five (5) days after the hearing. The Superintendent may also direct the parties to submit the grievance to an Alternative Solution Panel before making an appeal to the Board at Level Three. The grievant may also request the grievance to be submitted to an Alternative Solution Panel before making an appeal to the Board at Level Three. If the grievance has not been solved by the conclusion of the Level Two hearing and either the Superintendent has directed or the grievant has request that the parties submit the grievance to the Alternative Solution Panel before making an appeal to the Board at Level Three, an Alternative Solution Panel consisting of two (2) members appointed by the administration and two members appointed by the SACT shall meet with the grievant(s) within ten (10) days of the Level Two decision in an attempt to find a solution to the grievance prior to appealing the grievance to the Board at Level Three. Level Three: If the decision at Level Two is unsatisfactory, the grievant shall have the right to submit the grievance to the Board of Education. Request for a hearing before the Board must be made to the President of the Boardcommunicate his answer, in writing, to the Grievant. STEP THREE If the Grievance is not resolved in step Two, the Grievant may, within five (5) teaching days after of receipt of the decision has been submitted principal's answer, appeal to the grievant Superintendent by filing the Grievance and the principal's answer along with any written response of the Grievant(s) to the answer of the principal, with the Office of the Superintendent, which shall provide a receipt for the same. In addition to, and not in substitution for, Step Three A above, the Level Two processSuperintendent, or if his designated representative, shall meet with the Alternative Solution Panel was utilized by the parties, grievant within five (5) teaching days of receipt of the recommendation made by written Grievance in an effort to resolve the Alternative Solution PanelGrievance as long as the Grievant requests of the Superintendent or his designated representative that such a meeting be held. The President Superintendent, or his designated representative, shall give the Grievant an answer in writing, no later than ten (10) teaching days after either of the following two events, whichever last occurs: Receipt of any written Grievance properly filed with the Superintendent's office in which no meeting occurred between the parties, or A meeting between the Superintendent, or his designated representative, as contemplated in Step Three B above. STEP FOUR Within ten (10) teaching days after receiving the decision of the Superintendent, or his designated representative, an appeal from the decision may be made to the Board through its President. Within thirty (30) calendar days after an appeal is made to the Board, the Board shall arrange hold a meeting of hearing on the Board of Education to hear the appealed grievance at its next regularly scheduled Board meeting or at a special meeting called for that purpose Grievance, and within a reasonable amount of time. Neither party shall be permitted to insert in the School Board proceedings any evidence or testimony which was not submitted to the other party before the completion of the Level Two hearing or, if utilized, the Alternative Solution Panel process. A decision will be rendered by the Board of Education at the close of the hearing. In additionten (10) calendar days thereafter, the Board of Education shall submit render its decision, in writing, to the grievant(s) with a copy to the President of the Association within five (5) days following the close of the Board meeting at Grievant which the grievance decision shall be final, binding and conclusive. The board may not consider any material, allegation, or remedy that was heardnot presented in Step Three.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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