Common use of Formal Step One Clause in Contracts

Formal Step One. If for any reason the grievance is not resolved informally, the employee must, within five (5) workdays after receipt of the administrator's oral answer or twenty (20) workdays from the alleged violation, submit to the administrator a signed written statement of grievance on the official grievance form provided by the Board (see page 51) with copies as indicated on form. The statement of grievance shall name the employee involved, state the facts giving rise to the grievance, identify all the provisions of this Agreement alleged to have been violated by appropriate reference, state the contention of the employee with respect to these provisions, indicate the specific relief or remedy requested, and shall be dated and signed by the employee involved. The administrator shall give the employee an answer in writing no later than five (5) workdays after receipt of the written grievance, with a copy to the Superintendent and the Association. Step Two: Unless the parties agree to the decision of the administrator, it may be submitted to the Superintendent or his/her designee within five (5) workdays of Step One. The Superintendent, or his/her designee, and the aggrieved employee, and his/her representative(s) shall meet within a reasonable time, not to exceed five (5) workdays in an attempt to resolve the matter. The Superintendent shall communicate his/her decision, in writing, to the aggrieved employee and the Association within five (5) workdays after the meeting. Step Three: Upon mutual agreement of the parties, the grievance may be submitted to grievance mediation prior to submitting the grievance to arbitration. When the parties agree to submit the grievance to mediation, the timelines are waived until the mediation process is concluded. A request for a mediator will be made to Federal Mediation and Conciliation Service (FMCS) within ten (10) workdays unless both parties mutually agree to make a request for another mediator, within ten (10) workdays. If the employee is not satisfied, he/she must choose either a hearing before the Board or arbitration. Whichever method the employee chooses, the decision of the Board, or arbitrator, (whichever is applicable) will be final. If the employee chooses to have a hearing with the Board, the Board shall hold a hearing no later than twenty (20) workdays after receiving the request. Within ten (10) workdays after the hearing, the Board shall communicate its decision in writing, and state its reasons to the Association and the aggrieved employee. A request for an arbitrator will be made to the American Arbitration Association within ten (10) workdays. The parties shall select an arbitrator from AAA in accordance with its rules, and whose rules shall likewise govern the arbitration proceedings.

Formal Step One. If for any reason the grievance is not resolved informally, the employee must, within five (5) workdays after receipt of the administrator's oral answer or twenty (20) workdays from the alleged violation, submit to the administrator a signed written statement of grievance on the official grievance form provided by the Board (see page 51) with copies as indicated on form. The statement of grievance shall name the employee involved, state the facts giving rise to the grievance, identify all the provisions of this Agreement alleged to have been violated by appropriate reference, state the contention of the employee with respect to these provisions, indicate the specific relief or remedy requested, and shall be dated and signed by the employee involved. The administrator shall give the employee an answer in writing no later than five (5) workdays after receipt of the written grievance, with a copy to the Superintendent and the Association. Step Two: Unless the parties agree to the decision of the administrator, it may be submitted to the Superintendent or his/her designee within five (5) workdays of Step One. The Superintendent, or his/her designee, and the aggrieved employee, and his/her representative(s) shall meet within a reasonable time, not to exceed five (5) workdays in an attempt to resolve the matter. The Superintendent shall communicate his/her decision, in writing, to the aggrieved employee and the Association within five (5) workdays after the meeting. Step Three: Upon mutual agreement of the parties, the grievance may be submitted to grievance mediation prior to submitting the grievance to arbitration. When the parties agree to submit the grievance to mediation, the timelines are waived until the mediation process is concluded. .A request for a mediator will be made to Federal Mediation and Conciliation Service (FMCS) within ten (10) workdays unless both parties mutually agree to make a request for another mediator, within ten (10) workdays. If the employee is not satisfied, he/she must choose either a hearing before the Board or arbitration. Whichever method the employee chooses, the decision of the Board, or arbitrator, (whichever is applicable) will be final. If the employee chooses to have a hearing with the Board, the Board shall hold a hearing no later than twenty (20) workdays after receiving the request. Within ten (10) workdays after the hearing, the Board shall communicate its decision in writing, and state its reasons to the Association and the aggrieved employee. A request for an arbitrator will be made to the American Arbitration Association within ten (10) workdays. The parties shall select an arbitrator from AAA in accordance with its rules, and whose rules shall likewise govern the arbitration proceedings.