General Principles. 1. The Board and the Union shall not be permitted to assert in arbitration any ground or to rely on any evidence not previously disclosed to the other party. 2. A grievance may be withdrawn at any level. 3. When hearings and conferences are held during duty hours, all persons who are entitled to be present at the hearing or conference pursuant to this Article whose duty hours are affected shall be excused with pay for that purpose. 4. No decision or adjustment of a grievance shall be contrary to any provision of this Agreement. 5. Failure at any step of the grievance to communicate the decision on a grievance within the specified time limits shall permit lodging an appeal at the next step of a procedure within the time which would have been allotted had the decision been given. Failure to file a written grievance within the time specified at each step shall bar the grievance. Failure to appeal a decision within the specified time limits shall be deemed a withdrawal of the grievance and shall bar further appeal. 6. The time limits specified in this procedure may be extended in any specific instance by mutual agreement, which agreement shall be reduced to writing and signed by the parties. The arbitrator shall be bound by the time limits set forth herein and shall have no power to extend such limits. 7. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement. 8. The Employer and the Union each shall bear the full costs for representative counsel in the arbitration. 9. The arbitrator's fees shall be assessed against the parties in a proportion to be determined by the arbitrator. 10. It is the intention of the parties, where possible, that the issues to be arbitrated, the relevant facts comprising the issues, and the remedy or remedies sought shall be jointly stipulated by the Board and the Union, or if the parties are unable to agree to such stipulation, each party of interest shall submit a written stipulation of the issues to the arbitrator in advance of the hearing date. 11. The primary purpose of this grievance procedure is to secure equitable solutions at the closest supervisory level possible. The parties mutually agree that these proceedings shall be kept as confidential as may be appropriate at each level of the procedure.
Appears in 16 contracts
Sources: Support Staff Contract, Support Staff Contract, Support Staff Contract
General Principles. 1. The Board and the Union shall not be permitted to assert in arbitration any ground or to rely on any evidence not previously disclosed to the other party.
2. A grievance may be withdrawn at any level.
3. When hearings and conferences are held during duty hours, all persons who are entitled to be present at the hearing or conference pursuant to this Article whose duty hours are affected shall be excused with pay for that purpose.
4. No decision or adjustment of a grievance shall be contrary to any provision of this Agreement.
5. Failure at any step of the grievance to communicate the decision on a grievance within the specified time limits shall permit lodging an appeal at the next step of a procedure within the time which would have been allotted had the decision been given. Failure to file a written grievance within the time specified at each step shall bar the grievance. Failure to appeal a decision within the specified time limits shall be deemed a withdrawal of the grievance and shall bar further appeal.
6. The time limits specified in this procedure may be extended in any specific instance by mutual agreement, which agreement shall be reduced to writing and signed by the parties. The arbitrator shall be bound by the time limits set forth herein and shall have no power to extend such limits.
7. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement.
8. The Employer and the Union each shall bear the full costs for representative counsel in the arbitration.
9. The arbitrator's fees shall be assessed against the parties in a proportion to be determined by the arbitrator.
10. It is the intention of the parties, where possible, that the issues to be arbitrated, the relevant facts comprising the issues, and the remedy or remedies sought shall be jointly stipulated by the Board and the Union, or if the parties are unable to agree to such stipulation, each party of interest shall submit a written stipulation of the issues to the arbitrator in advance of the hearing datehearing.
11. The primary purpose of this grievance procedure is to secure equitable solutions at the closest supervisory level possible. The parties mutually agree that these proceedings shall be kept as confidential as may be appropriate at each level of the procedure.
Appears in 5 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
General Principles. 1. The Board and the Union shall not be permitted to assert in arbitration any ground or to rely on any evidence not previously disclosed to the other party.
2. 7.2.1 A grievance may be withdrawn at any level.
37.2.2 If a grievance arises from the action of authority higher than Building Administrator, it may be initiated at Step 3 of this procedure.
7.2.3 Hearings and conferences held under this procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses, entitled to be present to attend. Every effort will be made to schedule hearings and conferences outside of duty hours.
7.2.4 When hearings and conferences are held during duty hours, with the approval of the administrator, all persons who are entitled to be present at the hearing or conference pursuant to this Article whose duty hours are affected affected, shall be excused with pay for that purpose.
4. 7.2.5 Forms for filing and processing grievances shall be given appropriate distribution by the grievance Chairperson so as to facilitate the operation of the grievance procedure.
7.2.6 No decision or adjustment of a grievance shall be contrary to any provision of this Agreement.
5. 7.2.7 Failure by the employee and/or the Federation at any step of this procedure to appeal a decision within the grievance specified time limits shall terminate the grievance.
7.2.8 Failure by the Employer or designated agents to communicate the a decision on a grievance within the specified time limits shall permit lodging an appeal at the next step of a procedure within the time which would have been allotted had the decision been given. Failure to file a written grievance within the time specified at each step shall bar the grievance. Failure to appeal a decision within the specified time limits shall be deemed a withdrawal granting of the grievance and shall bar further appealremedy sought on the grievance.
6. 7.2.9 The time limits specified in this procedure may be extended in any specific instance by mutual agreement, which . Such agreement shall be reduced to in writing and signed by the parties. The arbitrator shall .
7.2.10 No grievance(s) may be bound filed by an employee or by the time limits set forth herein and shall have Federation on behalf of any employee if that person for any reason is no power to extend such limitslonger employed by the district.
7. 7.2.11 The arbitrator following matters shall have no power not be the basis of any grievance filed under the procedure outlined in this section:
7.2.12 The termination of services or failure to alter, add to or subtract from the terms of this Agreementreemploy any probationary teacher.
8. 7.2.13 The Employer and placing of a non-tenure teacher on a third year of probation.
7.2.14 Any matter submitted to the Union each shall bear the full costs for representative counsel procedures specified in the arbitrationTeacher Tenure Act (Act 4 of Public Acts, Extra Session of 1937, of Michigan, as amended).
9. The arbitrator's fees shall be assessed against the parties in a proportion to be determined by the arbitrator.
10. It is the intention of the parties, where possible, that the issues to be arbitrated, the relevant facts comprising the issues, and the remedy or remedies sought shall be jointly stipulated by the Board and the Union, or if the parties are unable to agree to such stipulation, each party of interest shall submit a written stipulation of the issues to the arbitrator in advance of the hearing date.
11. The primary purpose of this grievance procedure is to secure equitable solutions at the closest supervisory level possible. The parties mutually agree that these proceedings shall be kept as confidential as may be appropriate at each level of the procedure.
Appears in 5 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
General Principles. 1. The Board and the Union shall not be permitted to assert in arbitration any ground or to rely on any evidence not previously disclosed to the other party.
2. A. A grievance may be withdrawn at any level.
3. When hearings B. If a grievance arises from the actions of authority higher than Building Administrator, it may be initiated at Step 1 of this procedure by mutual agreement.
C. Hearings and conferences are held during duty hoursunder this procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, all persons who are including witnesses, entitled to be present at the hearing or conference pursuant to this Article whose attend. Every effort will be made to schedule hearings and conferences outside of duty hours are affected hours.
D. Forms for filing and processing grievances shall be excused with pay for that purposegiven appropriate distribution so as to facilitate the operation of the grievance procedure.
4. No decision or adjustment of a grievance shall be contrary to any provision of this Agreement.
5. E. Failure by the teacher and/or the Union at any step of the grievance to communicate the decision on a grievance within the specified time limits shall permit lodging an appeal at the next step of a this procedure within the time which would have been allotted had the decision been given. Failure to file a written grievance within the time specified at each step shall bar the grievance. Failure to appeal a decision within the specified time limits shall be deemed a withdrawal an acceptance of the grievance and shall bar further appealdecision.
6F. Failure by the Board or its designated agents to communicate a decision on a grievance within the specified time limits shall be deemed a denial of the grievance. The teacher or the Union may appeal to the next step of the procedure.
G. The time limits specified in this procedure may be extended in any specific instance by mutual agreement, which agreement shall be reduced to writing and signed by the parties. The arbitrator shall be bound by the time limits set forth herein and shall have no power to extend such limits.
7. H. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement.
8. The Employer Board and the Union each shall bear the full costs for its representative counsel counsel, witnesses and any other expenses in the arbitration.
9. I. The arbitrator's fees and expenses of the arbitrator shall be assessed against divided equally between the parties in a proportion to be determined by Federation and the arbitratorBoard for decisions rendered.
10. It is J. No arbitrator shall hear more than one (1) grievance at any one hearing without the intention mutual consent in writing of the parties, where possible, that the issues to be arbitrated, the relevant facts comprising the issues, and the remedy or remedies sought shall be jointly stipulated by the Board and the Union, or if the parties are unable to agree to such stipulation, each party . The question of interest arbitrability shall submit not be considered as a written stipulation of the issues to the arbitrator in advance of the hearing datesecond grievance.
11. The primary purpose K. No resolution of a grievance shall be contrary to any provision of this grievance procedure is to secure equitable solutions at the closest supervisory level possible. The parties mutually agree that these proceedings shall be kept as confidential as may be appropriate at each level of the procedureAgreement.
Appears in 4 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
General Principles. 1. The Board and the Union shall not be permitted to assert in arbitration any ground or to rely on any evidence not previously disclosed to the other party.
2. A. A grievance may be withdrawn at any level.
3B. If a grievance arises from the action of authority higher than the principal, it may be initiated at Step I of this procedure.
C. Hearings and conferences held under this procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses, entitled to be present to attend. Every effort will be made to schedule hearings and conferences outside of duty hours.
D. When hearings and conferences are held during duty hours, all persons who are entitled to be present at the hearing or conference pursuant to this Article Article, whose duty hours are affected affected, shall be excused with pay for that purpose.
4. E. Forms for filing and processing grievance shall be given appropriate distribution so as to facilitate the operation of the grievance procedure.
F. No decision or adjustment of a grievance shall be contrary to any provision of this Agreementagreement.
5. G. Failure by the employee and/or the Union at any step of the grievance to communicate the decision on a grievance within the specified time limits shall permit lodging an appeal at the next step of a this procedure within the time which would have been allotted had the decision been given. Failure to file a written grievance within the time specified at each step shall bar the grievance. Failure to appeal a decision within the specified time limits shall be deemed a withdrawal an acceptance of the grievance and shall bar further appealdecision.
6. H. The time limits specified in this procedure may be extended in any specific instance by mutual agreement, which agreement shall be reduced to writing and signed by the parties. The arbitrator shall be bound by the time limits set forth herein and shall have no power to extend such limits.
7. I. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreementagreement.
8. J. The Employer and the Union each shall bear the full costs for its representative counsel in the arbitration.
9K. If the decision by an arbitrator is split, giving each side to the arbitration a partial remedy, the fees of the arbitrator shall be borne equally by the Employer and the Union. The If the decision by an arbitrator favors one side only, the arbitrator's fees fee shall be assessed against the parties in a proportion to be determined borne by the arbitratorparty against whom the arbitration decision is made.
10. L. It is the intention of the parties, where possible, that the issues issue(s) to be arbitrated, the relevant facts comprising the issuesissue(s), and the remedy or remedies sought shall be jointly stipulated by the Board Employer and the Union, or if the parties are unable to agree to such stipulationstipulations, each party of interest shall submit a written stipulation statement of the issues issue(s) to the arbitrator in advance of the hearing date.
11. M. No arbitrator shall hear more than one grievance at any one hearing without the mutual consent of the Employer and the Union.
N. The primary purpose of this grievance procedure is to secure equitable solutions at the closest supervisory level possible. The parties mutually agree that these proceedings shall be kept as confidential as may be appropriate at each level of the procedure.
O. After Step I the grievance procedure shall be considered a part of the appellate process. No matter not raised previously, including remedy, may be discussed.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Paraprofessional Contract
General Principles. 116.02.01 The purpose of this procedure is to secure, at the lowest possible administration level, equitable solutions to grievances which may from time to time arise. The Board Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.
16.02.02 It shall be the firm policy of the Association and the Union shall not be permitted Board to assert assure every teacher an opportunity to have the unobstructed use of this grievance procedure, except as discussed below, without fear of reprisal or without prejudice in arbitration any ground or manner to rely on any evidence not previously disclosed his/her professional status. Upon receipt of the Administrative Law Judge’s decision, as provided for in the Michigan Teachers’ Tenure Act, a tenured teacher may appeal the decision to the other partytenure commission within twenty (20) days.
216.02.03 A grievant shall be represented at all meetings and all hearings at all levels of the grievance procedure only by the Association. A Any meeting or hearings held under the terms of the grievance may procedure shall be withdrawn at any levelconducted in private and attendance shall be restricted to those persons who have been requested by the Board or Association to be present.
3. When hearings 16.02.04 Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and conferences are held during duty hourshaving the grievance adjusted without intervention of the Association if the adjustment is not inconsistent with the terms of this Agreement, all persons who are entitled provided that the Association has been given an opportunity to be present at such adjustment.
16.02.05 The failure of an aggrieved person to proceed to the hearing or conference pursuant to this Article whose duty hours are affected next step within the time limits set forth shall be excused with pay for deemed to be an acceptance of the decision previously rendered and shall constitute a waiver of any future appeal concerning the particular grievance; provided, however, that purposein the event new facts are obtained which were not previously known to him/her, but which if they had been known may have influenced the disposition of the grievance, the presentation of such information to the Board and the Association, shall constitute grounds to reopen the grievance procedure at the level at which it had been terminated. Provided further, any decision in a grievance that has been rendered prior to Arbitration, and has not been implemented or has been violated, the presentation of such evidence to the Association and the Board shall constitute grounds to reopen the grievance at the next level beyond which the grievance had been previously terminated.
4. No decision 16.02.06 The failure of an administrator or adjustment of a grievance shall be contrary to any provision of this Agreement.
5. Failure the Board at any step of the grievance to communicate his/her decision to the decision on a grievance teacher within the specified time limits shall permit lodging an appeal at the teacher and/or the Association to proceed to the next step step.
16.02.07 It shall be the general practice of a procedure within the time which would have been allotted had Board, its agents, teachers, and the decision been givenAssociation to hold proceedings during such times as to not interfere with regular assigned duties. Failure to file a written In the event it is mutually agreed by the aggrieved person, the Association, and the Board will hold proceedings during the regular working hours. Any teacher engaged during the school day in negotiating in his/her own behalf, or in the behalf of the Association, with any representative of the Board, or participating in any level of grievance within the time specified procedure, including Arbitration, shall be released from regular duties without loss of salary.
16.02.08 It is important that grievances be processed as rapidly as possible. The number of days at each step shall bar level should be considered as maximum, and every effort should be made to expedite the grievance. Failure to appeal process.
16.02.09 In the event a decision within grievance is filed on or after June 1, which if left unresolved until the specified time limits shall be deemed a withdrawal beginning of the grievance and shall bar further appeal.
6. The time limits specified following school year could result in this procedure may be extended in any specific instance by mutual agreementharm to the teacher, which agreement shall be reduced to writing and signed by Board, and/or the parties. The arbitrator shall be bound by Association, the time limits set forth herein and shall have no power be reduced so that the grievance procedure may be exhausted prior to extend such limitsthe end of the school term or as soon thereafter as is possible. The form signed by both parties attached to the grievance shall constitute a mutual agreement.
7. The arbitrator shall have no power to alter16.02.10 Forms for filing grievances, add to or subtract from the terms of this Agreement.
8. The Employer serving notices, making appeals, making reports and the Union each shall bear the full costs for representative counsel in the arbitration.
9. The arbitrator's fees shall be assessed against the parties in a proportion to be determined by the arbitrator.
10. It is the intention of the parties, where possible, that the issues to be arbitrated, the relevant facts comprising the issuesrecommendations, and the remedy or remedies sought shall be jointly stipulated other necessary documents that have been approved by the Board and the Union, or if Association shall be printed and appropriately distributed by the parties are unable Association so as to agree to such stipulation, each party of interest shall submit a written stipulation facilitate operation of the issues grievance procedure.
16.02.11 All documents, communications, and records dealing with the processing of the grievance shall be filed separately from the personnel files of the participants.
16.02.12 If in the judgment of the Association a grievance lacks merit, it may withdraw its support of said grievance at any level by giving written notice to the arbitrator in advance person(s) filing the grievance and the appropriate administrative representative of the hearing dateBoard. Removal of support by the Association does not prohibit an aggrieved person from processing a grievance on his/her own through Level 4. Only the Association may take a grievance to arbitration.
1116.02.13 The following matter shall not be the basis of any grievance filed under the procedure outlined in this article: the termination of services of or failure to re-employ any probationary teacher. The primary purpose cost of any arbitration under this grievance procedure is to secure equitable solutions at the closest supervisory level possible. The parties mutually agree that these proceedings Article shall be kept as confidential as may shared equally by the Board and the Association.
16.02.14 There should be appropriate at least one (1) teachers' representative for each level school building, selected by the Association, and these persons shall be designated an official representative of the procedureAssociation for the teachers in the building. An updated listing will be made available to the Superintendent of Schools from time to time upon his/her written request.
16.02.15 If any ancillary staff for whom a grievance is sustained shall be found to have been unjustly discharged, he/she shall be reinstated with full reimbursement of all professional compensation lost.
Appears in 3 contracts
Sources: Professional Services, Professional Services, Professional Agreement
General Principles. 1. The Board and the Union shall not be permitted to assert in arbitration any ground or to rely on any evidence not previously disclosed to the other party.
2. A grievance may be withdrawn at any level.
3. When hearings and conferences are held during duty hours, all persons who are entitled to be present at the hearing or conference pursuant to this Article whose duty hours are affected shall be excused with pay for that purpose.
4. No decision or adjustment of a grievance shall be contrary to any provision of this Agreement.
5. Failure at any step of the grievance to communicate the decision on a grievance within the specified time limits shall permit lodging an appeal at the next step of a procedure within the time which would have been allotted had the decision been given. Failure to file a written grievance within the time specified at each step shall bar the grievance. Failure to appeal a decision within the specified time limits shall be deemed a withdrawal of the grievance griev- ance and shall bar further appeal.
6. The time limits specified in this procedure may be extended in any specific instance by mutual agreement, which agreement shall be reduced to writing and signed by the parties. The arbitrator shall be bound by the time limits set forth herein and shall have no power to extend such limits.
7. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement.
8. The Employer and the Union each shall bear the full costs for representative counsel in the arbitration.
9. The arbitrator's fees shall be assessed against the parties in a proportion to be determined by the arbitrator.
10. It is the intention of the parties, where possible, that the issues to be arbitrated, the relevant facts comprising the issues, and the remedy or remedies sought shall be jointly stipulated by the Board and the Union, or if the parties are unable to agree to such stipulation, each party of interest shall submit a written stipulation of the issues to the arbitrator in advance of the hearing date.
11. The primary purpose of this grievance procedure is to secure equitable solutions at the closest supervisory level possible. The parties mutually agree that these proceedings shall be kept as confidential as may be appropriate at each level of the procedure.
Appears in 3 contracts
Sources: Support Staff Contract, Support Staff Contract, Support Staff Contract
General Principles. 1. The Board and the Union shall not be permitted to assert in arbitration any ground or to rely on any evidence not previously disclosed to the other party.
2. A grievance may be withdrawn at any level.
3. When hearings and conferences are held during duty hours, all persons who are entitled to be present at the hearing or conference pursuant to this Article whose duty hours are affected shall be excused with pay for that purpose.
4. No decision or adjustment of a grievance shall be contrary to any provision of this Agreement.
5. Failure at any step of the grievance to communicate the decision on a grievance within the specified time limits shall permit lodging an appeal at the next step of a procedure within the time which would have been allotted had the decision been given. Failure to file a written grievance within the time specified at each step shall bar the grievance. Failure to appeal a decision within the specified time limits shall be deemed a withdrawal of the grievance and shall bar further appeal.
6. The time limits specified in this procedure may be extended in any specific instance by mutual agreement, which agreement shall be reduced to writing and signed by the parties. The arbitrator shall be bound by the time limits set forth herein and shall have no power to extend such limits.
7. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement.
8. The Employer and the Union each shall bear the full costs for representative counsel in the arbitration.
9. The arbitrator's fees shall be assessed against the parties in a proportion to be determined by the arbitrator.
10. It is the intention of the parties, where possible, that the issues to be arbitrated, the relevant facts comprising the issues, and the remedy or remedies sought shall be jointly stipulated by the Board and the Union, or if the parties are unable to agree to such stipulation, each party of interest shall submit a written stipulation of the issues to the arbitrator in advance of the hearing datehearing.
11. The primary purpose of this grievance procedure is to secure equitable solutions at the closest supervisory level possible. The parties mutually agree that these proceedings shall be kept as confidential as may be appropriate at each level of the procedure.
12. The arbitrator shall have no power to change any salary scales.
13. The arbitrator shall have no power to change board policy nor substitute his/her judgment or that of the Board as to the reasonableness of any such policies by the Board.
14. The arbitrator shall not hear any grievance previously barred from the scope of the grievance procedure.
15. The arbitrator shall not have the power to interpret state or federal law nor rule upon any matter that is a prohibited subject of bargaining under Michigan law.
16. The arbitrator shall not have the power to decide matters concerning evaluation, observation, assignment, layoff or recall, except for matters expressly provided for by Section 1249 of the Revised School Code.
Appears in 1 contract
Sources: Master Agreement
General Principles. 1A. The primary purpose of the Grievance Procedure is to secure, at the lowest level possible, solutions to grievances. The Board Both the Employer and the Union agree that these grievance proceedings shall be kept as informal and confidential as may be appropriate.
B. The number of days indicated at each level of the Grievance Procedure shall be considered as the maximum, and every effort should be made to expedite the Grievance Procedure; however, time limits may be extended by mutual agreement in writing. Any grievance not be permitted to assert in arbitration any ground or to rely on any evidence not previously disclosed carried to the other partynext step by the Union and/or fire fighter within the prescribed time limits or such extension which may be agreed to, shall be automatically closed upon the basis of the last disposition. Should the Employer fail to answer within the time limits required herein, then the Union’s last written position of the grievance shall be upheld.
2. C. It shall be the general practice of all parties to process grievances during times which do not interfere with assigned duties.
D. In the course of investigation of any grievances, the local representative will advise their immediate supervisor and state the purpose of the visit.
E. It shall be the continued practice of the Employer to assure to every fire fighter, an opportunity to have the unobstructed use of this Grievance Procedure without fear of reprisal or without prejudice in any manner to his professional status.
F. A grievance may be withdrawn at any levellevel of the Grievance Procedure without prejudice.
3G. The Union will not use the phrase, “…and any other contract clause, past practice, rule or regulation, general order, or federal or state law, written or unwritten, that is applicable but not stated herein,” or any similar phrase when filing grievances with the Employer. When hearings and conferences are held during duty hoursNotwithstanding the above, all persons who are entitled to be present at the hearing parties agree that eliminating this “catch-all” language will not prohibit the Union from specifically referencing past practice or conference pursuant to this Article whose duty hours are affected shall be excused with pay for that purposeapplicable state or federal law.
4. No decision or adjustment H. The Union and Employer agree that each will practice full disclosure in the processing of a grievance shall be contrary to any provision of this Agreement.
5. Failure at any step of the grievance to communicate the decision on a grievance within the specified time limits shall permit lodging an appeal at the next step of a procedure within the time which would have been allotted had the decision been given. Failure to file a written grievance within the time specified at each step shall bar the grievance. Failure to appeal a decision within the specified time limits shall be deemed a withdrawal of the grievance and shall bar further appeal.
6. The time limits specified in this procedure may be extended in any specific instance by mutual agreement, which agreement shall be reduced to writing and signed by the parties. The arbitrator shall be bound by the time limits set forth herein and shall have no power to extend such limits.
7. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement.
8grievances. The Employer and the Union each shall bear the full costs for representative counsel exchange all investigatory documents that will be used in the arbitration.
9grievance process. The arbitrator's fees Union shall be assessed against the parties in provide a proportion to be determined by the arbitrator.
10. It is the intention detailed statement of the parties, where possible, that the issues to be arbitrated, the relevant facts comprising the issues, and the remedy contract violations or remedies sought shall be jointly stipulated by the Board and the Union, or if the parties are unable to agree to such stipulation, each party violations of interest shall submit a written stipulation of the issues to the arbitrator in advance of the hearing date.
11. The primary purpose of this grievance procedure is to secure equitable solutions at the closest supervisory level possiblepast practice. The parties mutually agree that these proceedings failure to adhere to full disclosure shall preclude either party from presenting documents or theories in the evidentiary hearing. The parties agree that thirty (30) calendar days prior to the arbitration hearing, they will meet for the purpose of disclosing all documents that will be kept as confidential as used in the arbitration hearing.
I. Both parties to this Agreement may be appropriate at each level mutually agree, in writing, to arbitration to expedite the processing of the procedurea grievance.
Appears in 1 contract
Sources: Collective Bargaining Agreement
General Principles. 1. The Board and the Union shall not be permitted to assert in arbitration any ground or to rely on any evidence not previously disclosed to the other party.
2. A grievance may be withdrawn at any level.
3. When hearings and conferences are held during duty hours, all persons who are entitled to be present at the hearing or conference pursuant to this Article whose duty hours are affected shall be excused with pay for that purpose.
4. No decision or adjustment of a grievance shall be contrary to any provision of this Agreement.
5. Failure at any step of the grievance to communicate the decision on a grievance within the specified time limits shall permit lodging an appeal at the next step of a procedure within the time which would have been allotted had the decision been given. Failure to file a written grievance within the time specified at each step shall bar the grievance. Failure to appeal a decision within the specified time limits shall be deemed a withdrawal of the grievance and shall bar further appeal.
6. The time limits specified in this procedure may be extended in any specific instance by mutual agreement, which agreement shall be reduced to writing and signed by the parties. The arbitrator shall be bound by the time limits set forth herein and shall have no power to extend such limits.
7. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement.
8. The Employer and the Union each shall bear the full costs for representative counsel in the arbitration.
9. The arbitrator's fees shall be assessed against the parties in a proportion to be determined by the arbitrator.
10. It is the intention of the parties, where possible, that the issues to be arbitrated, the relevant facts comprising the issues, and the remedy or remedies sought shall be jointly stipulated by the Board and the Union, or if the parties are unable to agree to such stipulation, each party of interest shall submit a written stipulation of the issues to the arbitrator in advance of the hearing date.
11. The primary purpose of this grievance procedure is to secure equitable solutions at the closest supervisory level possible. The parties mutually agree that these proceedings shall be kept as confidential as may be appropriate at each level of the procedure.party
Appears in 1 contract
Sources: Support Staff Contract
General Principles. 1. The Board and the Union shall not be permitted to assert in arbitration any ground or to rely on any evidence not previously disclosed to the other party.
2. A. A grievance may be withdrawn at any level, but withdrawal shall not extend the time limits hereinafter specified.
3. When hearings B. Hearings and conferences held under this procedure shall be conducted at times other than when aggrieved persons are held scheduled for duty, unless it is impossible .' or unreasonable to do so. If scheduled during duty hours, all persons who are entitled to be present at the hearing or conference pursuant to this Article whose duty hours are affected employee involved shall suffer no loss of pay.
C. Forms for filing and processing grievances shall be excused given appropriate distribution so as to facilitate the operation of the grievance procedure. Any written grievance not substantially in accordance with pay for that purposethe form may be rejected as improper, and such rejection shall not extend the time limits.
4. D. No decision or adjustment of a grievance shall be contrary to any provision provisions of this Agreement.
5. E. Failure by the employee and/or the Union at any step of the grievance to communicate the decision on a grievance within the specified time limits shall permit lodging an appeal at the next step of a this procedure within the time which would have been allotted had the decision been given. Failure to file a written grievance within the time specified at each step shall bar the grievance. Failure to appeal a decision within the specified time limits shall be deemed a withdrawal an acceptance of the grievance and shall bar further appealdecision.
6. F. If the employer or its designated agents fail to communicate a decision on a grievance within the specified time limits the grievance may be appealed to the next step.
G. The time limits specified in this procedure may be extended in any specific instance by mutual agreement, which agreement shall be reduced to writing and signed by the parties. The arbitrator shall be bound by the time limits set forth herein and shall have no power to extend such limits.
7. H. The arbitrator shall have no power to alter, add to to, or subtract from the terms of this agreement.
I. The arbitrator shall have no power to establish salary scales or to change any salary.
J. The arbitrator shall have no power to decide any question which, under this agreement, is within the exclusive responsibility of the employer to decide. In rendering decision, the arbitrator shall give due regard to the responsibility of the Board, and shall so construe this agreement that there will be no interference with such responsibilities, except as they may be conditioned by this Agreement.
8. K. The arbitrator shall have no power to interpret State or Federal law.
L. No arbitrator shall hear more than one grievance at anyone hearing without mutual consent of the Employer and the Union.
M. The Board and the Union each shall bear the full costs for or their representative counsel in the arbitration.
9. N. The arbitrator's fees shall be assessed against the parties in a proportion to be determined by the arbitrator.
10. It is the intention of the parties, where possible, that the issues to be arbitrated, the relevant facts comprising the issues, and the remedy or remedies sought shall be jointly stipulated by the Board and the Union, or if the parties are unable to agree to such stipulation, each party of interest shall submit a written stipulation of the issues to the arbitrator in advance of the hearing date.
11. The primary purpose of this grievance procedure is to secure equitable solutions at the closest supervisory level possible. The parties mutually agree that these proceedings shall be kept as confidential as may be appropriate at each level of the procedure.
Appears in 1 contract
Sources: Custodial/Maintenance Contract
General Principles. 1. The Board purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to grievances which may from time to time arise. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the Union shall not be permitted to assert in arbitration any ground or to rely on any evidence not previously disclosed to the other partyprocedure.
2. A It shall be the firm policy of the Board to assure every ancillary staff an opportunity to have the unobstructed use of this grievance may be withdrawn at procedure without fear of reprisal or without prejudice in any levelmanner to his/her professional status with just cause. For teachers, the standard of treatment is arbitrary and/or capricious.
3. When Any aggrieved person may be represented at all meetings and all hearings at all levels of the grievance procedure by another teacher/ancillary staff or by another person provided, however, the aggrieved person may in no event be represented by an officer, agent, or other representative of any teacher organization other than the ▇▇▇▇▇ Park Education Association and conferences are held during duty hours, all persons who are entitled that the Association shall have the right to be present and to state its view at all levels of the hearing or conference pursuant to this Article whose duty hours are affected shall be excused with pay for that purposegrievance procedure after the first level.
4. No decision or adjustment Nothing contained herein will be construed as limiting the right of any teacher/ancillary staff having a grievance shall be contrary to discuss the matter informally with any provision appropriate member of the administration and having the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement.
5. Failure The failure of an aggrieved person to proceed in the next step within the time limits set forth shall be deemed to be an acceptance of the decision previously rendered and shall constitute a waiver of any future appeal concerning the particular grievance; provided, however, that in the event new facts are obtained which were not previously known to him/her, but which, if they had been known, may have influenced the disposition of the grievance, the presentation of such information to the parties in interest shall constitute grounds to reopen the grievance procedure at that level at which it had been terminated. Provided further, that in the event a decision has been rendered in a grievance and such decision has not been implemented or has been violated, the presentation of such evidence to the parties in interest shall constitute grounds to reopen the grievance at that level at which it had been terminated.
6. If, in the judgment of the Professional Rights and Responsibilities Committee of the Association, a grievance affects a group or class of teachers/ancillary staff, the Committee may process such a grievance in writing to the Superintendent directly; and the processing of such a grievance shall be commenced at level four.
7. The failure of an administrator at any step of the grievance to communicate his/her decision to the decision on a grievance teacher/ancillary staff within the specified time limits shall permit lodging an appeal at the teacher/ancillary staff and/or the Professional Rights and Responsibilities Committee to proceed to the next step of a procedure within the time which would have been allotted had the decision been given. Failure to file a written grievance within the time specified at each step shall bar the grievance. Failure to appeal a decision within the specified time limits shall be deemed a withdrawal of the grievance and shall bar further appeal.
6. The time limits specified in this procedure may be extended in any specific instance by mutual agreement, which agreement shall be reduced to writing and signed by the parties. The arbitrator shall be bound by the time limits set forth herein and shall have no power to extend such limits.
7. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreementstep.
8. The Employer It shall be the general practice of all parties in interest to process grievance procedures during such times as to not interfere with regular assigned duties. Provided, however, in the event it is mutually agreed by the aggrieved person, the Association and the Union each shall bear Board to hold proceedings during the full costs for representative counsel regular working hours, any teacher/ancillary staff engaged during the school day in negotiating in his own behalf, or in the arbitration.
9. The arbitrator's fees behalf of the Association, with any representative of the Board, or participating in any level of grievance procedure, including mediation, shall be assessed against the parties in a proportion to be determined by the arbitratorreleased from regular duties without loss of salary.
10. It is the intention of the parties, where possible, that the issues to be arbitrated, the relevant facts comprising the issues, and the remedy or remedies sought shall be jointly stipulated by the Board and the Union, or if the parties are unable to agree to such stipulation, each party of interest shall submit a written stipulation of the issues to the arbitrator in advance of the hearing date.
11. The primary purpose of this grievance procedure is to secure equitable solutions at the closest supervisory level possible. The parties mutually agree that these proceedings shall be kept as confidential as may be appropriate at each level of the procedure.
Appears in 1 contract
Sources: Master Agreement
General Principles. 1. The Board and the Union shall not be permitted to assert in arbitration any ground or to rely on any evidence not previously disclosed to the other party.
2. A grievance may be withdrawn at any level.
3. When hearings and conferences are held during duty hours, all persons who are entitled to be present at the hearing or conference pursuant to this Article whose duty hours are affected shall be excused with pay for that purpose.
4. No decision or adjustment of a grievance shall be contrary to any provision provi- sion of this Agreement.
5. Failure at any step of the grievance to communicate the decision on a grievance within the specified time limits shall permit lodging an appeal at the next step of a procedure p~ocedure within the time which would have been allotted had the decision been given. Failure to file a written grievance within the time specified at each step shall bar the grievance. Failure to appeal a decision within the specified time limits shall be deemed a withdrawal of the grievance and shall bar further appeal.
6. The time limits specified in this procedure may be extended in any specific instance by mutual agreement, which agreement shall be reduced to writing and signed by the parties. The arbitrator shall be bound by the time limits set forth herein and shall have no power to extend such limits.such
7. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement.
8. The Employer and the Union each shall bear the full costs for representative represen- tative counsel in the arbitration.
9. The arbitrator's fees shall be assessed against the parties in a proportion propor- tion to be determined by the arbitrator.
10. It is the intention of the parties, where possible, that the issues to be arbitrated, the relevant facts comprising the issues, and the remedy or remedies sought shall be jointly stipulated by the Board and the Union, or if the parties are unable to agree to such stipulation, each party of interest shall submit a written stipulation of the issues to the arbitrator arbitra- tor in advance of the hearing date.
11. The primary purpose of this grievance procedure is to secure equitable solutions at the closest supervisory level possible. The parties mutually agree that these proceedings shall be kept as confidential as may be appropriate at each level of the procedure.
Appears in 1 contract
Sources: Support Staff Contract
General Principles. 1. The Board and the Union shall not be permitted to assert in arbitration any ground or to rely on any evidence not previously disclosed to the other party.
2. A. A grievance may be withdrawn at any level.
3B. If a grievance arises from the action of authority higher than the Director/Supervisor, it may be initiated at Step 1 of this procedure.
C. Hearings and conferences held under this procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses, entitled to be present to attend. Every effort will be made to schedule hearings and conferences outside of duty hours.
D. When hearings and conferences are held during duty hours, all persons who are entitled to be present at the hearing or conference pursuant to this Article whose duty hours are affected affected, shall be excused with pay pay, for that purpose.
4. E. Forms for filing and processing grievances shall be given appropriate distribution so as to facilitate the operation of the grievance procedure.
F. No decision or adjustment of a grievance shall be contrary to any provision of this Agreementagreement.
5. G. Failure by the employee and/or the Union at any step of the grievance to communicate the decision on a grievance within the specified time limits shall permit lodging an appeal at the next step of a this procedure within the time which would have been allotted had the decision been given. Failure to file a written grievance within the time specified at each step shall bar the grievance. Failure to appeal a decision within the specified time limits shall be deemed a withdrawal an acceptance of the grievance and shall bar further appealdecision.
6. H. The time limits specified in this procedure may be extended in any specific instance by mutual agreement, which agreement shall be reduced to writing and signed by the parties. The arbitrator shall be bound by the time limits set forth herein and shall have no power to extend such limits.
7. I. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreementagreement.
8. J. The Employer and the Union each shall bear the full costs for its representative counsel in the arbitration.
9K. If the decision by an arbitrator is split, giving each side to the arbitration a partial remedy, the fees of the arbitrator shall be borne equally by the Employer and the Union. The If the decision by an arbitrator favors one side only, then the arbitrator's fees shall be assessed against the parties in a proportion to be determined borne by the arbitratorparty against whom the arbitration decision is made.
10. L. It is the intention of the parties, where possible, that the issues issue(s) to be arbitrated, the relevant facts comprising the issuesissue(s), and the remedy or remedies sought shall be jointly stipulated by the Board Employer and the Union, or if the parties are unable to agree to such stipulation, each party of interest shall submit a written stipulation statement of the issues issue(s) to the arbitrator in advance of the hearing date.
11. M. No arbitrator shall hear more than one grievance at any one hearing without the mutual consent of the Employer and the Union.
N. The primary purpose of this grievance procedure is to secure equitable solutions at the closest supervisory level possible. The parties mutually agree that these proceedings shall be kept as confidential as may be appropriate at each level of the procedure.
O. After Step 1 the grievance procedure shall be considered a part of the appellate process. No matter not raised previously, including remedy, may be discussed.
Appears in 1 contract
Sources: Collective Bargaining Agreement
General Principles. 1. The Board and the Union shall not be permitted to assert in arbitration any ground or to rely on any evidence not previously disclosed to the other party.
2. A grievance may be withdrawn at any level, but withdrawal shall not extend the time limits hereinafter specified.
2. If a grievance arises from the action of authority higher than the building principal, it may be initiated at Step 1 of this procedure.
3. When hearings Hearings and conferences held under this procedure shall be conducted at times other than when aggrieved persons are held scheduled for duty, unless it is impossible or unreasonable to do so. If scheduled during duty hours, all persons who are entitled to be present at the hearing or conference pursuant to this Article whose duty hours are affected employees shall be excused with pay for that purposesuffer no loss in pay.
4. No Forms for filing and processing grievances shall be given appropriate distribution so as to facilitate the operation of the grievance procedure. Any written grievance not substantially in accordance with the form may be rejected as improper, and such rejection shall not extend the time limits.
5. Not decision or adjustment of a grievance shall be contrary to any provision of this Agreement.
56. Failure by the employee and/or the Union at any step of the grievance to communicate the decision on a grievance within the specified time limits shall permit lodging an appeal at the next step of a this procedure within the time which would have been allotted had the decision been given. Failure to file a written grievance within the time specified at each step shall bar the grievance. Failure to appeal a decision within the specified time limits shall be deemed a withdrawal an acceptance of the grievance and shall bar further appealdecision.
67. If the Board or its designated agents fail to communicate a decision on a grievance within the specified time limits, the grievance may be appealed to the next step.
8. The time limits specified in this procedure may be extended in any specific instance by mutual agreement, which agreement shall be reduced to writing and signed by the parties. The arbitrator shall be bound by the time limits set forth herein and shall not have no power to extend such limits.
79. The arbitrator shall have no power to alter, add to to, or subtract from the terms term of this Agreement.
810. The Employer arbitrator shall have no power to establish salary scales or to change a salary.
11. The arbitrator shall have no power to decide any question which, under this Agreement, is within the exclusive responsibility of the Board to decide. In rendering decisions, the arbitrator shall give due regard to the responsibilities of the Board, and shall so construe this agreement that there will be no interference with such responsibilities, except as they may be conditioned by this Agreement.
12. The arbitrator shall have no power to interpret state or federal law.
13. No arbitrator shall hear more than one grievance at any one hearing without mutual consent of the Board and the Union.
14. The Board and the Union each shall bear the full costs cost for their representative counsel in the arbitration.
915. The arbitrator's fees ’s fee shall be assessed against the parties in a proportion to be determined by the arbitrator.
1016. It is the intention of the parties, where possible, that the issues issue(s) to be arbitrated, the relevant facts comprising the issuesissue(s), and the remedy or remedies sought shall be jointly stipulated by the Board and the Union, or if the parties are unable to agree to such stipulation, each party of interest shall submit a written stipulation of the issues issue(s) to the arbitrator in advance of the hearing date.
1117. The primary purpose decision of this grievance procedure is to secure equitable solutions at the closest supervisory level possible. The parties mutually agree that these proceedings arbitrator shall be kept as confidential as may be appropriate at each level of final and conclusive and binding upon employees, the procedureBoard and the Union.
Appears in 1 contract
Sources: Master Agreement