Level One. A teacher believing themselves wrong by an alleged violation of the express provisions of this contract shall within seven (7) days of its alleged occurrence orally discuss the grievance with the building principal in an attempt to resolve same. If no resolution is obtained within three (3) days of the discussion, the teacher shall reduce the grievance to writing and present to the Principal, with the signature of the Association attached only to inform the Board of the Association's knowledge of the grievance. If no decision is rendered within four (4) days or the decision is unsatisfactory to the grievant, the grievant may appeal same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent and the Association. If no decision is rendered within five (5) days of the discussion, or the decision is unsatisfactory to the grievant and/or the Association, the grievant may appeal same to the Board of Education by filing a written grievance along with the decision of the Superintendent with the office of the Board in charge of drawing up the agenda for the Board's meeting not less than ten (10) days prior to the next regularly scheduled Board meeting. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in which the grievance arose, the grievant, and the Secretary of the Association. 1. If the Association is not satisfied with the disposition of the grievance at Level Three, it may within ten (10) days after the decision of the Board, refer the matter for arbitrator to the American Arbitrator Association, in writing, and request the appointment of an arbitration to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be selected by the American Arbitrator Association in accordance with its rules. 2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance. 3. The decision of the arbitrator shall be final, conclusive, and binding upon employees, the Board and the Association subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect. 4. Powers of the arbitrator are subject to the following limitations: a. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement; b. The arbitrator shall have no power to establish salary scales or to change any salary; c. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board; d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement; e. The arbitrator shall have no power to interpret state or federal law; f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure. 5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent. 6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits. 7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature. 8. The cost of arbitrator shall be borne equally by the parties except each party shall assume its own cost for representation including any expense of witnesses.
Appears in 4 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Level One. A If a complaint is not resolved in a conference between the affected teacher believing themselves wrong by an alleged violation of and his/her principal or immediate supervisor, the express provisions of this contract complaint may be formalized into a grievance. It shall be submitted in writing within seven (7) days of its alleged occurrence orally discuss the grievance with the building principal in an attempt to resolve same. If no resolution is obtained within three (3) five days of the discussion, meeting with the teacher shall reduce principal and the teacher. A copy of the grievance to writing and present shall be sent to the Principalprincipal or immediate supervisor and to the Association. If a particular grievance arises in more than one school building, with a copy shall also be sent to the signature superintendent. The principal or immediate supervisor shall within five days of the Association attached only to inform the Board receipt of the Association's knowledge grievance render a written decision. A copy of the grievance. If no this decision is rendered within four (4) days or the decision is unsatisfactory shall go to the grievant, the grievant may appeal same Association and to the Superintendent. If the grievance is not resolved to the satisfaction of the Association or no decision is rendered, the Association shall submit the grievance to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent and the Association. If no decision is rendered within five (5) days of the discussion, decision or lack of decision. Within 7 days after submission of the decision is unsatisfactory to the grievant and/or the Associationgrievance, the grievant may appeal same to Superintendent or his/her designee will conduct a hearing. The Superintendent shall have five days after the Board of Education by filing a written grievance along with the decision conclusion of the Superintendent with the office of the Board in charge of drawing up the agenda for the Board's meeting not less than ten (10) days prior hearing to the next regularly scheduled Board meeting. A copy of the render his/her written decision of thereon. In the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in which the grievance arose, the grievant, and the Secretary of the Association.
1. If event the Association is not satisfied with the disposition of the grievance at Level ThreeII or has not elected the expedited grievance procedure as provided below, it the grievance may be submitted to arbitration within ten (10) 30 days after the decision receipt of the Board, refer the matter for written opinion. The arbitrator to the American Arbitrator Association, in writing, and request the appointment of an arbitration to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be selected by the American Arbitrator Association in accordance with its rules.
2Article 23.13. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3. The decision of the arbitrator shall be final, conclusive, and binding upon employees, the Board and the Association subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to alter, add to, or subtract from, disregard, alter or modify any of the terms of this Agreement;
b. The arbitrator shall have no power . Both parties agree to establish salary scales or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, or rule be bound by the award of the Board nor substitute his arbitrator and agree that judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they thereon may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear entered in any grievance previously barred from scope court of the grievance procedurecompetent jurisdiction.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of arbitrator shall be borne equally by the parties except each party shall assume its own cost for representation including any expense of witnesses.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Level One. A teacher believing themselves wrong by an alleged violation of the express provisions of this contract Any member who has a grievance shall within seven discuss it first with his/her principal (7or immediate supervisor or department head when applicable) days of its alleged occurrence orally discuss the grievance with the building principal in an attempt to resolve samethe matter informally at that level which discussion shall be announced beforehand by the member as constituting a Level One grievance discussion. If no resolution is obtained within three (3) days as a result of the discussion, the teacher shall reduce the grievance to writing and present matter is not resolved to the Principal, with the signature satisfaction of the Association attached only to inform the Board of the Association's knowledge of the grievance. If no decision is rendered within four (4) days or the decision is unsatisfactory to the grievant, the grievant may appeal same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent and the Association. If no decision is rendered member within five (5) working days of the Level One grievance discussion, he/she shall set forth his/her grievance in writing to his/her principal or immediate supervisor on the grievance forms provided in Appendix “B”. The principal or supervisor shall communicate his/her decision is unsatisfactory to the grievant and/or the Association, the grievant may appeal same to the Board member in writing with reasons within five (5) working days of Education by filing a written grievance along with the decision of the Superintendent with the office of the Board in charge of drawing up the agenda for the Board's meeting not less than ten (10) days prior to the next regularly scheduled Board meeting. A copy receipt of the written decision grievance. If the grievance is not resolved to the member’s satisfaction, he/she, no later than five (5) working days after receipt of the Board shall be forwarded principal’s or supervisor’s decision, may request a review and hearing by the Superintendent of Schools. The appeal to the Superintendent must be made in writing with copy to the principal or supervisor setting forth the matter submitted to the principal or supervisor as specified above and the reasons for permanent filinghis/her dissatisfaction with decisions previously rendered. The Superintendent may consider the appeal on the written record submitted to him/her, the building principal for the building in which or he/she may, on his/her own election, conduct a hearing; and he/she may request within six (6) working days of receipt of the grievance aroseappeal the submission of additional written materials. Where additional written materials are requested by the Superintendent, copies thereof shall be served upon the grievant, and adverse parties who shall have the Secretary of the Association.
1right to reply thereto. If the Association is not satisfied with the disposition of the grievance at Level ThreeSuperintendent elects to conduct a hearing, it may shall be held within ten (10) working days after from the decision of the Board, refer the matter for arbitrator to the American Arbitrator Association, in writing, and request the appointment of an arbitration to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be selected by the American Arbitrator Association in accordance with its rules.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3. The decision of the arbitrator shall be final, conclusive, and binding upon employees, the Board and the Association subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement;
b. The arbitrator shall have no power to establish salary scales or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope receipt of the grievance procedure.
5appeal by the Superintendent. After The Superintendent shall make a case on which determination within ten (10) working days from the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability receipt of the grievance. The arbitrator shall have authority to hear both grievance appeal, or from the jurisdictional issues and the merits receipt of the dispute requested additional materials, or from the date of the hearing, whichever is later, and shall in the same proceeding. Should the arbitrator determine that swriting notify all interested parties of his/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the meritsher determination.
7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of arbitrator shall be borne equally by the parties except each party shall assume its own cost for representation including any expense of witnesses.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Level One. A teacher grievant believing themselves wrong wronged by an alleged violation of the express expressed provisions of this contract shall shall, within seven five (75) days of its alleged occurrence orally discuss the grievance with the building principal in an attempt to resolve same. Within ten (10) days of the alleged occurrence, the grievant shall reduce the grievance to writing if it has not been resolved as a result of the oral discussion. The ten (10) days may be extended by mutual written agreement between the principal and the grievant. If no resolution is obtained within three (3) days of submission of the written grievance, the grievant shall proceed within eight (8) days of submission of the written grievance to Level Two. A copy of the written grievance as specified in Level One shall be filed with the Superintendent or designated agent with the endorsement thereon of the grievant. Within five (5) days of receipt of the grievance, the Superintendent or designated agent shall conduct a meeting with the grievant and/or the designated Association Representative at the option of the grievant to discuss the grievance. Within five (5) days of the discussion, the teacher Superintendent or designated agent shall reduce render their decision in the building where the grievance to writing arose and present to the Principal, with the signature place a copy of the Association attached only to inform the Board of the Association's knowledge of the grievancesame in a permanent file in their office. If no decision is rendered within four five (45) days of the discussion or the decision is unsatisfactory to the grievant, the grievant may appeal same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent and the Association. If no decision is rendered within five (5) days of the discussion, or the decision is unsatisfactory to the grievant and/or the Association, the grievant may appeal same to the Board of Education within ten (10) days by filing a the written grievance along with and the decision of the Superintendent with the office President of the Board of Education and the endorsement thereon of the approval or disapproval of the Association. Upon proper application as specified in charge Level Two, the Board shall allow the teacher or their Association Representative an opportunity to be heard at the meeting for which the grievance was scheduled, which shall not be later than thirty (30) days after filing of drawing up the agenda for grievance with the Board's meeting not less than ten . Within seven (107) days prior to from the next regularly scheduled hearing of the grievance, the Board meetingshall render its decision in writing. The Board may hold future hearings therein or otherwise investigate the grievance provided, however, that in no event except with express written consent of the Association, shall final determination of the grievance be made by the Board more than seven (7) days after the initial hearing. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in which the grievance arose, the grievant, grievant and the Secretary of the Association.
Section 1. If the Association alleged grievance is not satisfied with the disposition of the grievance settled at Level Three, it the matter may be referred to arbitration before an impartial arbitrator. The grievant and/or the Association may refer the matter to arbitration provided that notice to refer the matter is given to the other party within five (5) days from the date of the Board’s written decision at Level Three. Within ten (10) days after the decision date of the Boardwritten request for arbitration, refer a committee of the matter for arbitrator Board or its designated representative and the Association or its designated representative shall make every effort to the American Arbitrator Association, in writing, and request the appointment of an arbitration to hear the grievanceagree upon a mutually acceptable arbitrator. If the parties canare unable to agree on an arbitrator within five (5) additional days, the party seeking arbitration shall file a request with the American Arbitration Association to submit a list of qualified arbitrators. The arbitrator shall then be selected according to the Rules of the American Arbitration Association which shall likewise govern the arbitration proceeding except each party shall have the right to peremptorily strike not agree upon an more than three from the list of arbitrators.
Section 2. The arbitrator shall hear the grievance in dispute and shall render a decision in writing within thirty (30) days from the close of the hearing. The arbitrator, he/she ’s decision shall be selected by submitted in writing and shall set forth findings of facts, reasoning and conclusions with respect to the American Arbitrator Association in accordance with its rules.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levelsissues submitted to arbitration. Each party shall submit to the other party meet together not less than three (3) days prior to the hearing to make a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an final attempt to settle resolve the grievance.
3dispute after which time no new evidence could be presented. The decision of the arbitrator shall be final, conclusive, and binding upon employees, the Board and the Association subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effectbinding.
4Section 3. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall only act upon alleged violations, misapplications or misinterpretations of the expressed provisions of this Agreement. The arbitrator shall construe this Agreement in a manner which does not interfere with the exercise of either party’s rights and responsibilities except as they have no power to been limited by the terms of this Agreement.The Arbitrator shall not add to, subtract from, disregard, alter or modify any of the terms of this Agreement;
b. The arbitrator shall have no power to Agreement or establish salary scales or to change any salary;
c. scales. The arbitrator Arbitrator shall have no power to change any practice, policy, or rule policy of the Board nor substitute his their judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;.
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decideSection 4. In rendering decisions, an arbitrator shall give due regard the event that a case is appealed to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder Arbitrator has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction power to rule, the matter it shall be referred back to the parties without decision or recommendation on the its merits.
7Section 5. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8Section 6. The cost of arbitrator arbitrator’s fees and expenses shall be borne equally shared by the parties except each Employer and the Association equally. The expenses and compensation for attendance of any employee, witness or participant shall be paid by the party shall assume its own cost for representation including any expense of witnessesincurring such expense.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Level One. A teacher believing themselves wrong by an alleged grievance alleging a violation of the express provisions of this contract shall Agreement shall, within seven ten (710) days of its alleged occurrence be orally discuss discussed by a ▇▇▇▇▇▇▇ and the grievance grievant with the building principal immediate supervisor in an attempt to resolve same. If no resolution is obtained within three five (35) days of discussion, the grievance shall be reduced to writing within seven (7) days of said discussion by the ▇▇▇▇▇▇▇ and presented to the immediate supervisor. The immediate supervisor will respond in writing to the grievant and ▇▇▇▇▇▇▇ within five (5) days. If the grievance remains unsolved, a copy of the written grievance shall be filed within five (5) days with the Superintendent or designated representative by the Chapter Chairperson. Within five (5) days of receipt of the grievance, the Superintendent or designated representative shall arrange a meeting with the grievant, Chapter Chairperson and ▇▇▇▇▇▇▇ to discuss the grievance. Within five (5) days of the discussion, the teacher Superintendent or designated representative shall reduce the grievance to writing and present to the Principalrender his decision in writing, with the signature transmitting a copy of the Association attached only to inform the Board of the Association's knowledge of the grievance. If no decision is rendered within four (4) days or the decision is unsatisfactory same to the grievant, the grievant Union, the supervisor, and place a copy of same in a permanent file in his office. Either party may appeal same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent and the Associationhave outside representation. If no decision is rendered within five (5) days of the discussion, discussion or the decision is unsatisfactory to the grievant and/or the Associationgrievant, the grievant may appeal same grievance shall, within five (5) days from the time the Superintendent's decision is due, be appealed to the Board of Education by filing a such written grievance along with the decision of the Superintendent with the office President of the Board. Upon proper filing as specified in LEVEL TWO, the Board in charge of drawing up Education shall consider the agenda grievance. The Board may hold a hearing thereon or may designate one (1) or more of its members to hold a hearing or otherwise investigate the grievance, or prescribe such procedure as it may deem appropriate for consideration of the grievance, provided that final determination of the grievance be made by the Board no more than twenty-five (25) days after its submission to the Board's meeting not less than ten (10) days prior to the next regularly scheduled Board meeting. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in which the grievance arosesupervisor, the grievant, grievant and the Secretary of the AssociationUnion.
1. If the Association Union is not satisfied with the disposition of the grievance at Level ThreeLEVEL THREE and the Union wishes to carry the matter further, it may may, within ten twenty-five (1025) days after the decision of the Board, refer notify the matter for arbitrator Board of its intent to arbitrate. As soon as possible thereafter, the American Arbitrator Association, in writing, Union and request the appointment of Board will attempt to mutually select an arbitration to hear the grievanceArbitrator. If the parties cannot agree upon an arbitratorArbitrator, he/she he shall be selected by the American Arbitrator Association in accordance with its rulesthe rules of the American Arbitration Association.
2. Neither party may raise a new defense or ground at Level Four In no case shall evidence be presented to the Arbitrator which was not previously raised or disclosed at other written levels. Each party shall submit made known to the other party not less than side at least three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievancearbitration hearing.
3. The decision of the arbitrator Arbitrator shall be final, conclusive, final and binding upon the employees, the Board and the Association subject to the right Union. The expenses of the Board or the Association to judicial review, any lawful decision of the arbitrator Arbitrator shall be forthwith placed into effectshared equally between the Board and the Union.
4. Powers The powers of the arbitrator are subject Arbitrator shall be limited to the following limitations:
a. The arbitrator express terms of this Agreement, and he shall have no power authority to add to, subtract from, disregard, alter or modify any of the terms of this Agreement;
b. The arbitrator . He shall have no power to establish salary scales or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
7. More than one (1) grievance may not be considered by the arbitrator Arbitrator at the same time except upon expressed express written mutual consent and then only if they are of similar nature.
86. The cost Arbitration awards or grievance settlements will not be made retroactive beyond the date of arbitrator the occurrence or non-occurrence of the event upon which the grievance is based. In no event, however, shall the settlement be borne equally by earlier than thirty (30) days prior to the parties except each party shall assume its own cost for representation including any expense of witnessesdate on which the grievance is filed.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Level One. A teacher believing themselves wrong by an alleged The Association alleging a violation of the express provisions of this contract shall, whenever possible, first discuss the matter orally with the building Principal. If the above procedure does not result in settlement of the matter, the Association shall then submit the grievance formally on the form appended to this contract. The formal filing of a grievance must take place within seven ten (710) days of its alleged the occurrence orally discuss of the event giving rise to the grievance. The Principal shall have five (5) days in which to respond, in writing, to the formal grievance. If the matter is not resolved at Level One, the grievant may then process the grievance to Level Two, as specified below. Level Two A copy of the written grievance shall be filed with the building principal Superintendent or designated agent as specified in an attempt to resolve sameLevel One with the endorsement thereon of the approval or disapproval of the Association. If no resolution is obtained within three Within five (35) days of receipt of the grievance, the Superintendent or designated agent shall arrange a meeting with the designated Association representative. Within five (5) days of the discussion, the teacher Superintendent or designated agent shall reduce the grievance to writing and present to the Principalrender his decision in writing, with the signature transmitting copies of the Association attached only to inform the Board of the Association's knowledge of the grievance. If no decision is rendered within four (4) days or the decision is unsatisfactory to the grievant, the grievant may appeal same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent and the AssociationAssociation secretary. If no decision is rendered within five (5) days of the discussion, or the decision is unsatisfactory to the grievant and/or the Association, the grievant may Association shall within five (5) days appeal same to the Board of Education by filing a such written grievance along with the decision of the Superintendent with the office one officer of the Board board in charge of drawing up the agenda for the Board's meeting not less than ten (10) days prior to the next regularly scheduled Board meeting. A copy Level Three Upon proper application as specified in Level Two, the Board shall allow the Association representative an opportunity to be heard at the meeting for which the grievance was scheduled. Within one (1) month from the hearing of the grievance, the Board shall render its decision in writing. The Board may hold future hearings therein or otherwise investigate the grievance provided, however, that in no event except with express written consent of the Association, shall final determination of the grievance be made by the Board more than one (1) month after the initial hearing. Copies of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in which the grievance arose, the grievant, and the Secretary secretary of the Association. Level Four Individual teachers shall not have the right to process a grievance at Level Four.
1. If the Association is not satisfied with the disposition of the grievance at Level Three, it may within ten (10) days after the decision of the Board, Board refer the matter for arbitrator arbitration to the American Arbitrator Arbitration Association, in writing, and request the appointment of an arbitration arbitrator to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be selected by the American Arbitrator Association in accordance with its rules.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3. The decision of the arbitrator shall be final, conclusive, final and conclusive and binding upon employees, the Board and the Association subject Association. Subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator He/she shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement;.
b. The arbitrator He/she shall have no power to establish salary scales or to change any salary;scales.
c. The arbitrator He/she shall have no power to change any practice, policy, policy or rule of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, rule or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically the same are conditioned by this Agreement;.
e. The arbitrator d. He/she shall have no power to interpret state or federal law;.
f. The arbitrator e. He/she shall not hear any grievance previously barred from the scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
7. f. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost g. Where no wage loss has been caused by the action of the Board complained of, the Board shall be under no obligation to make monetary adjustments and the arbitrator shall have no power to order one.
h. Arbitration awards or grievance settlements will not be made retroactive beyond the date of the occurrence or non-occurrence of the event upon which the grievance is based.
i. He/she shall have no power to hear grievances concerning: the termination of services of or failure to re-employ any probationary teacher; the placing of a non-tenure teacher on a third year of probation; the termination of services or failure to re-employ any teacher to a position on the extra-curricular schedule.
j. Should a grievance concern teacher evaluation, the arbitrator shall be borne equally by the parties except each party shall assume its own cost for representation including any expense confined to dealing with matters of witnessesevaluation procedure.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Level One. A teacher believing themselves wrong himself wronged by an alleged violation of the express provisions of this contract shall within seven six (76) days of knowledge of its alleged occurrence orally discuss the grievance with the building principal in an attempt to resolve same. An Association representative may be present upon request of the grievant. If no resolution is obtained within three five (35) days of the discussion, the teacher shall within three (3) more days reduce the grievance to writing and present to for the Principal, with the signature of the Association attached only to inform the Board of the Associationprincipal's knowledge of the grievance. If no decision is rendered within four (4) days or the decision is unsatisfactory to the grievant, the grievant may appeal same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent and the Associationdisposition. If no decision is rendered within five (5) days after the written grievance is filed, or if the decision is unsatisfactory to the grievant, the grievant shall within five (5) more days or within five (5) days of the principal's written disposition, whichever is earlier, appeal same to Level Two. A copy of the written grievance shall be filed with the Superintendent or his designated agent as specified in Level One with the endorsement thereon of the approval or disapproval of the Association. Within ten days of receipt of the grievance, the Superintendent or his designated agent shall meet with the grievant and/or the designated Association representative at the option of the grievant to discuss the grievance. Within ten days of the discussion, the Superintendent or his designated agent shall render his decision in writing, transmitting a copy of the same to the grievant, the Association Secretary, the building principal in which the grievance arose, and place a copy of same in a permanent file in his office. If no decision is rendered within ten days of the discussion, or the decision is unsatisfactory to the grievant and/or the Associationgrievant, the grievant may appeal same to the Board of Education by filing a written grievance along with the decision of the Superintendent with the office of the Board in charge of drawing up the agenda for the Board's meeting not less than ten (10) days prior to the next regularly scheduled Board meeting. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in which the grievance arose, the grievant, and the Secretary of the Association.
1. If the Association is not satisfied with the disposition of the grievance at Level Three, it may within ten (10) days after the decision of the Board, refer the matter for arbitrator to the American Arbitrator Association, in writing, and request the appointment assistance of an arbitration to hear the grievancea State Mediator for purposes of reaching a mutually acceptable settlement. If the parties cannot agree upon an arbitrator, he/she The Mediation meeting shall be selected attended by the American Arbitrator Association in accordance with its rules.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3designated representative(s) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3. The decision of the arbitrator shall be final, conclusive, and binding upon employees, the Board and the Association subject to the right representative(s) of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effectAssociation.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement;
b. The arbitrator shall have no power to establish salary scales or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of arbitrator shall be borne equally by the parties except each party shall assume its own cost for representation including any expense of witnesses.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Level One. A teacher believing themselves wrong by an alleged violation of the express provisions of this contract shall within seven (7) days of its alleged occurrence orally discuss the grievance with the building principal in an attempt to resolve same. If no resolution is obtained within three (3) days of the discussion, the teacher shall reduce the grievance to writing and present to the Principal, with the signature of the Association attached only to inform the Board of the Association's knowledge of the grievance. If no decision is rendered within four (4) days or the decision is unsatisfactory to the grievant, the grievant may appeal same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent and the Association. If no decision is rendered within five (5) days of the discussion, or the decision is unsatisfactory to the grievant and/or the Association, the grievant may appeal same to the Board of Education by filing a written grievance along with the decision of the Superintendent with the office of the Board in charge of drawing up the agenda for the Board's meeting not less than ten (10) days prior to the next regularly scheduled Board meeting. Board shall render its decision in writing. The Board may hold future hearings herein, may designate one (1) or more of its members to hold future hearings therein or otherwise investigate the grievance; provided, however, that in no event with express written consent of the Association shall final determination of the grievance be made by the Board more than one (1) month after the initial hearing. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in which the grievance arose, the grievant, and the Secretary of the Association.
1. If the Association is not satisfied with the disposition of the grievance at Level Three, it may within ten (10) days after the decision of the Board, refer the matter for arbitrator to the American Arbitrator Association, in writing, and request the appointment of an arbitration to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be selected by the American Arbitrator Association in accordance with its rules.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3. The decision of the arbitrator shall be final, conclusive, and binding upon employees, the Board and the Association subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement;
b. The arbitrator shall have no power to establish salary scales or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of arbitrator shall be borne equally by the parties except each party shall assume its own cost for representation including any expense of witnesses.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Level One. A teacher believing themselves wrong by an alleged Any employee alleging a violation of the express provisions of this contract Agreement shall within seven five (75) days of its alleged occurrence occurance orally discuss the grievance with the building principal immediate supervisor in an attempt to resolve same. If there is no clear, non- bargaining unit supervisor, the employee shall initiate the oral discussion with the superintendent. If no resolution is obtained within three (3) days of the discussion, the teacher employee shall reduce the grievance to writing and present proceed within five (5) days of said discussion to the Principal, with the signature Level Two. Within five (5) days of the Association attached only to inform the Board of the Association's knowledge receipt of the grievance, the Superintendent or his designated agent shall arrange a meeting with the grievant and/or the designated Association representative, at the option of the grievant, to discuss the grievance. If no decision is rendered within four Within five (45) days of the discussion, the Superintendent or the his designated agent shall render his decision is unsatisfactory in writing, transmitting a copy of same to the grievant, Association secretary, the grievant may appeal immediate supervisor in which the grievance arose, and place a copy of same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent and the Associationin a permanent file in his office. If no decision is rendered within five (5) days of the discussion, or the decision is unsatisfactory to the grievant and/or the Association, the grievant may appeal same to the Board of Education by filing a such written grievance along with the decision of the Superintendent Superintendent, with the office officer of the Board in charge of drawing up the agenda for the Board's meeting not less than ten (10) days prior to the next regularly scheduled Board meeting. A copy The Association shall initiate the process of arbitration. The arbitrator shall be selected within the rules and policies of the written decision AAA. The authority of the Board arbitrator shall be forwarded limited by the definition of a grievance as aforementioned in this Article. In making his/her decision, the arbitrator cannot modify, detract from, add to, or alter any provisions of this Agreement. The arbitrator shall be bound by the principles of law relating to the Superintendent for permanent filing, the building principal for the building in which the grievance arose, the grievant, and the Secretary interpretation of the Association.
1contracts as followed by courts of competent jurisdiction. If the Association is not satisfied with the disposition of the grievance at Level Three, it may The arbitrator shall be requested to issue his/her decision within ten thirty (1030) days after the decision close of the Board, refer the matter for arbitrator to the American Arbitrator Association, in writing, and request the appointment of an arbitration to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be selected by the American Arbitrator Association in accordance with its rules.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3hearing. The decision of the arbitrator shall be final, conclusive, final and binding upon employees, on both parties. Any costs and expenses for the Board and the Association subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement;
b. The arbitrator shall have no power to establish salary scales or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of arbitrator shall be borne equally by between the Board and the Association. Witness fees, preparation costs, presentation costs, and other such expenses for each individual party shall be at the expense of the respective individual parties. During testimony before the arbitrator it is hereby understood, a reasonable number of employees shall be allowed to testify during their assigned working hours without loss of time or pay. If either party desires a verbatim record of the testimony and proceedings, the requesting party shall cause a record to be made, pay the cost of the record and shall make available, at no cost to the other party and the arbitrator. Nothing contained herein precludes the parties except each party shall assume its own cost for representation including any expense of witnessesfrom mutually agreeing to use the Expedited arbitration process.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Collective Bargaining Agreement
Level One. A teacher believing themselves wrong by an alleged violation of the express provisions of this contract shall within seven (7) days of its alleged occurrence orally discuss the grievance with the building principal in an attempt to resolve same. If no resolution is obtained within three (3) days of the discussion, the teacher shall reduce the grievance to writing and present to the Principal, with the signature of the Association attached only to inform the Board of the Association's knowledge of the grievance. If no decision is rendered within four (4) days or the decision is unsatisfactory to the grievant, the grievant may appeal same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent and the Association. If no decision is rendered within five (5) days of the discussion, or the decision is unsatisfactory to the grievant and/or the Association, the grievant may appeal same to the Board of Education by filing a written grievance along with the decision of the Superintendent with the office of the Board in charge of drawing up the agenda for the Board's meeting not less than ten (10) days prior to the next regularly scheduled Board meeting. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in which the grievance arose, the grievant, and the Secretary of the Association.
1. If the Association aggrieved employee is not satisfied with the disposition of the grievance at the Informal Level, or if no decision has been rendered within five (5) duty days, the employee may file the grievance in writing with the same administrator within five (5) duty days after the decision at the Informal Level or ten (10) duty days after the grievance was presented, whichever is sooner. The written statement shall identify the specific policy or policies which are alleged to have been violated and the remedy sought. The administrator shall render a written decision within five (5) duty days Level Two If the aggrieved employee is not satisfied with the decision rendered at Level One, or if no decision has been rendered within the allotted time, the employee may within five (5) duty days file the grievance with the grievance committee of AEL. If the grievance committee believes that the grievance is valid, the committee shall within five (5) additional duty days request a hearing before the head of the Department in which the Level I grievance was filed. Within ten duty days the hearing shall be held and a decision rendered. (If the decision which is alleged to be in error was made by the Superintendent or one who reports directly to the Superintendent, Level Two shall be omitted and the grievance shall be presented to AEL for processing at Level Three.) If the grievance committee is not satisfied with the decision at Level Two, it may refer the grievance to the Superintendent within five (5) duty days. The Superintendent shall meet with the aggrieved person and the person's representative(s) and render the decision within ten (10) duty days after the referral. If AEL finds the Superintendent's decision not acceptable, it shall within ten (10) duty days notify the Board whether or not the grievance is to be submitted to advisory arbitration. If so, both parties shall promptly request the American Arbitration Association (AAA) to submit to each party a list of persons skilled in arbitration of educational matters. Within seven (7) days each party shall cross off any names to which it objects, number the Board, refer remaining names in order of preference and return the matter for arbitrator list to the American Arbitrator AssociationAAA. If a party does not return the list within the time specified, in writingall persons named therein shall be deemed acceptable. From among the persons who have been approved on both lists, and request the appointment of an arbitration to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be selected by the American Arbitrator Association in accordance with its rules.
2the designated order of mutual preference, the AAA shall invite the acceptance of an arbitrator. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3. The decision If either of the arbitrator shall be final, conclusive, and binding upon employees, the Board and the Association subject parties fails to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify accept any of the terms of this Agreement;
b. The arbitrator shall have no power to establish salary scales or to change any salary;
c. The arbitrator shall have no power to change any practice, policypersons named, or rule of the Board nor substitute his judgment for that of the Board as if those named decline or are unable to the reasonableness of any such practice, policy, ruleact, or if for any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, other reason an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may appointment cannot be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability made from such a list of any grievance under the terms names, a second list of this agreement, the arbitrator seven (7) names shall have the jurisdiction to determine the arbitrability of the grievancebe requested. The arbitrator parties shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
7. More than strike names alternately until only one (1) grievance may not name remains. That person shall be considered designated the arbitrator. The arbitrator will meet with the Superintendent or the Superintendent's designee and the aggrieved party and the party's representative(s) either separately or together. The format, dates and times of such meetings will be arranged by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8will be conducted in closed sessions. The cost arbitrator will set forth the findings of fact, reasoning and conclusions on the issues submitted. The conclusions of the arbitrator will be submitted to the Board as a recommendation. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel expenses shall be borne shared equally by the parties except each party shall assume its own cost for representation including any expense of witnessesBoard and AEL.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Negotiated Agreement
Level One. A teacher believing themselves wrong himself wronged by an alleged violation of the express provisions of this contract shall within seven five (75) days of after its alleged occurrence orally discuss the grievance with the building principal in an attempt to resolve same. The teacher shall identify the discussion as involving a grievance issue. If no resolution is obtained within three five (35) days of the discussion, the teacher shall reduce the grievance to writing and present proceed within five (5) days of said discussion to Level Two. A copy of the Principal, written grievance shall be filed with the signature Superintendent or his designated agent as specified in Level One with the endorsement thereon of the Association attached only to inform the Board approval or disapproval of the Association's knowledge . Within five (5) days of receipt of the grievance, the Superintendent or his designated agent shall arrange a meeting with the grievant and/or the designated Association representative at the option of the grievant to discuss the grievance. If no decision is rendered within four Within five (45) days of the discussion the Superintendent or his designated agent shall render his decision in writing, transmitting a copy of the decision is unsatisfactory same to the grievant, the grievant may appeal Association secretary, the building principal in which the grievance arose, and place a copy of same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent and the Associationin a permanent file in his office. If no decision is rendered within five (5) days of the discussion, or the decision is unsatisfactory to the grievant and/or and the Association, the grievant may appeal same to the Board of Education by filing a written grievance along with the decision of the Superintendent superintendent with the office officer of the Board in charge of drawing up the agenda for the Board's meeting not less than ten five (105) days prior to the next regularly regular Board meeting scheduled at least ten (10) days after receipt of the superintendent's answer. Upon proper application as specified in Level Two the Board meetingshall allow the teacher or his Association representative an opportunity to be heard at the meeting for which the grievance was scheduled. Within two (2) weeks from the hearing of the grievance, the Board shall render its decision in writing. The Board may hold future hearings therein, may designate one or more of its members to hold future hearings therein or otherwise investigate the grievance, provided however, that in no event except with express written consent of the Association shall final determination of the grievance be made by the Board more than two (2) weeks after the initial hearing. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in which the grievance arose, the grievant, and the Secretary secretary of the Association. Individual teachers shall not have the right to process a grievance at Level Four.
1. If the Association is not satisfied with the disposition of the grievance at Level Threelevel three, it may may, within ten (10) days after the decision of the Board, refer the matter for arbitrator to the American Arbitrator Association, in writing, and request the appointment of an arbitration arbitrator to hear the grievance. If the both parties cannot agree upon an arbitrator, he/she shall be selected by the American Arbitrator Arbitration Association in accordance with its rules.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3. The decision of the arbitrator shall be final, conclusive, final and conclusive and binding upon employees, the Board and the Association subject to the right of the Board or the Association to judicial review, Association; and any lawful decision of the arbitrator shall be forthwith placed into effect.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement;
b. The arbitrator shall have no power to establish salary scales or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of arbitrator shall be borne equally by the parties except each party shall assume its own cost for representation including any expense of witnesses.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Level One. A teacher believing themselves wrong by an alleged alleging a violation of the express provisions of this contract shall within seven ten (710) days of its alleged occurrence or within ten (10) days after the teacher or group of teachers has knowledge thereof orally discuss the grievance with the building principal in an attempt to resolve same. If no resolution is obtained within three ten (310) days of the discussionoral discussion with the building principal, the teacher shall reduce the grievance to writing and present proceed within ten (10) days of said discussion to Level Two. A copy of the Principal, written grievance shall be filed with the signature Building Principal or his designated agent as specified in Level One with the endorsement thereon of the Association attached only to inform the Board approval or disapproval of the Association's knowledge association. Within ten (10) days of receipt of the grievance, the Building Principal or his designated agent shall arrange a meeting with the grievant and/or the designated association representative, at the option of the grievant to discuss the grievance. Within ten (10) days of the discussion, the Building Principal or his designated agent shall render his decision in writing, transmitting a copy of the same to the grievant and the association secretary. If no decision is rendered within four ten (4) days or the decision is unsatisfactory to the grievant, the grievant may appeal same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent and the Association. If no decision is rendered within five (510) days of the discussion, or the decision is unsatisfactory to the grievant and/or and the Association, the grievant may shall within ten (10) days appeal same to the Superintendent by filing such written grievance with the Superintendent along with the decision of the Building Principal, if available. If no decision by the Superintendent is made available to the grievant within ten (10) days, or the decision is unsatisfactory to the grievant and the Association, the grievant shall within ten (10) days appeal same to the Board of Education by filing a such written grievance along with the decision of the Superintendent with the office officer of the Board in charge of drawing up the agenda for the Board's meeting not less than ten (10) days prior to the next regularly scheduled board meeting along with the decision of the Superintendent, if available. Upon proper application as specified in Level Two, the Board meetingshall allow the teacher or his association representative an opportunity to be heard at the meeting for which the grievance was scheduled. Within one (1) month from the hearing of the grievance, the Board shall render its decision in writing. The Board may hold future hearings thereon or otherwise investigate the grievance provided, however, that in no event except with express written consent of the Association, shall final determination of the grievance be made by the Board more than one (1) month after the initial hearing. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal Building Principal for the building in which the grievance arose, the grievant, and the Secretary of the Association.
1. If the Association is not satisfied with the disposition of the grievance at Level Three, it may within ten (10) days after the decision of the Board, refer the matter for arbitrator to the American Arbitrator Association, in writing, and request the appointment of an arbitration to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be selected by the American Arbitrator Association in accordance with its rules.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3. The decision of the arbitrator shall be final, conclusive, and binding upon employees, the Board and the Association subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement;
b. The arbitrator shall have no power to establish salary scales or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of arbitrator shall be borne equally by the parties except each party shall assume its own cost for representation including any expense of witnesses.
Appears in 2 contracts
Sources: Master Contract, Master Contract
Level One. A teacher believing themselves wrong by an alleged violation of the express provisions of this contract Any Administrator who has a grievance shall within seven (7) days of its alleged occurrence orally discuss the grievance it first with the building principal Assistant Superintendent for Instruction if it is an educational matter or with the School Business Administrator if it is a financial matter in an attempt to resolve samethe matter informally at that level. If no resolution is obtained within three (3) days If, as a result of the aforesaid discussion, the teacher matter is not resolved to the satisfaction of the Administrator, he shall reduce set forth his grievance, in writing, to the Assistant Superintendent for Instruction or the School Business Administrator (as set forth above), on the grievance to writing and present to the Principal, with the signature of the Association attached only to inform the Board of the Association's knowledge of the grievance. If no decision is rendered within four (4) days or the decision is unsatisfactory to the grievant, the grievant may appeal same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent and the Association. If no decision is rendered within five (5) days of the discussion, or the decision is unsatisfactory to the grievant and/or the Association, the grievant may appeal same to the Board of Education by filing a written grievance along with the decision of the Superintendent with the office of the Board in charge of drawing up the agenda for the Board's meeting not less than ten (10) days prior to the next regularly scheduled Board meeting. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in which the grievance arose, the grievant, and the Secretary of the Association.
1. If the Association is not satisfied with the disposition of the grievance at Level Three, it may forms provided within ten (10) school days after from the decision date of the Board, refer aforesaid discussion. The said Assistant Superintendent for Instruction or the matter for arbitrator School Business Administrator shall communicate his decision to the American Arbitrator AssociationAdministrator, in writing, with reasons, within ten (10) school days of receipt of the written grievance. The Administrator, no later than five (5) school days after receipt of the said Assistant Superintendent for Instruction's or School Business Administrator's decision, if same is not satisfactory, shall appeal the same to the Superintendent of Schools. The appeal to the Superintendent must be made in writing with carbon copy to the said Assistant Superintendent for Instruction or School Business Administrator setting forth the matter submitted to the said Assistant Superintendent as specified above and request the appointment of an arbitration reasons for his dissatisfaction with decisions previously rendered. The Superintendent shall attempt to hear resolve that matter as quickly as possible, but within a period not to exceed ten (10) school days. The Superintendent shall communicate his decision in writing to the grievanceAdministrator and the said Assistant Superintendent for Instruction or School Business Administrator. If the parties cangrievance is not agree upon an arbitratorresolved to the Administrator's satisfaction, he/she , no later than five (5) school days after receipt of the Superintendent's decision, may request a review and hearing by the Board of Education. The request shall be selected submitted in writing with the complete documentation to the Board, care of the Board Secretary, with a copy to the Superintendent. The Board shall conduct a hearing to consider the appeal on the written record submitted to it, and may request the submission of additional written material. Where additional written materials are requested by the American Arbitrator Association in accordance with its rules.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party Board, copies thereof shall submit be served upon the parties who shall have the right to the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3reply thereto. The decision hearing shall be held within twenty-one (21) calendar days of receipt of the arbitrator shall be final, conclusive, and binding upon employees, the Board and the Association subject to the right of grievance appeal by the Board or the Association to judicial reviewnext Board meeting, any lawful whichever is later. The Board shall make a determination by or before its second regularly scheduled Board meeting following the hearing. The decision of the arbitrator shall be forthwith placed into effect.
4. Powers of the arbitrator are subject in writing and shall be delivered to the following limitations:
a. aggrieved and their representative, if one. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of Administrator who has filed the terms of this Agreement;
b. The arbitrator shall have no power to establish salary scales or to change any salary;
c. The arbitrator shall have no power to change any practice, policygrievance, or rule at least one Administrator from a group of Administrators filing a grievance (if an individual or individuals are involved in the grievance), will be required to appear before the Board nor substitute his judgment of Education for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance proceduresaid hearing.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of arbitrator shall be borne equally by the parties except each party shall assume its own cost for representation including any expense of witnesses.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Level One. A teacher believing themselves wrong by an alleged alleging a violation of the express provisions of this contract shall within seven with five (75) days of its alleged occurrence orally discuss the grievance with the building principal in an attempt to resolve same. If no resolution is obtained within three (3) days of the discussion, the teacher shall reduce the grievance to writing and present proceed within three (3) days of said discussion to Level Two. Level Two - A copy of the Principal, written grievance shall be filed with the signature Superintendent or his designated agent as specified in Level One with the endorsement thereon of the Association attached only to inform the Board approval or disapproval of the Association's knowledge . Within three (3) days of receipt of the grievance, the Superintendent or his designated agent shall arrange a meeting with the grievant and/or the designated Association representative, at the option of the grievant, to discuss the grievance. If no decision is rendered within four Within five (45) days of the discussion, the Superintendent or his designated agent shall render his decision in writing, transmitting a copy of the decision is unsatisfactory same to the grievant, the grievant may appeal Association secretary, the building principal in which the grievance arose, and place a copy of same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent and the Associationin a permanent file in his office. If no decision is rendered within five (5) days of the discussion, or the decision is unsatisfactory to the grievant and/or and the Association, the grievant may shall within three (3) days appeal same to the Board of Education by filing a such written grievance along with the decision of the Superintendent Superintendent, with the office officer of the Board in charge of drawing up the agenda for the Board's meeting not less than ten (10) days prior to the next regularly scheduled Board meeting. A copy WITHIN FIVE (5) DAYS OF THE FINAL HEARING OF THE GRIEVANCE, THE BOARD SHALL RENDER ITS DECISION IN WRITING. The Board may hold future hearings therein or otherwise investigate the grievance provided, however, that in no event except with express written consent of the written Association shall final determination of the grievance be made by the Board, NO LATER THAN THE NEXT REGULARLY SCHEDULED MEETING OF THE BOARD. Level Four - If the decision of the Board shall be forwarded is unsatisfactory to the Superintendent for permanent filing, the building principal for the building in which the grievance arose, the grievant, and the Secretary of the Association.
1. If the Association is not satisfied with the disposition of the grievance at Level Three, it may may, within ten five (105) days after the decision of receipt of the Board's Level Three answer, refer the matter for arbitrator to the American Arbitrator Association, in writing, and request the appointment of an arbitration to hear factfinding concerning the grievance. A factfinding panel consisting of one (1) Association representative, one (1) representative appointed by the Board, and a third party chosen by the mutual agreement of the parties, shall convene. If the parties mutual agreement cannot agree upon an arbitratorbe arrived at by parties (1) and (2) above, he/she shall then a neutral third party will be selected assigned by the rules developed by the American Arbitrator Association in accordance with its rules.
2Arbitration Association. Neither party may raise a new defense shall have any power to select or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to affect the selection of the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3party's panel representative. The decision parties are responsible for their own costs, however, the costs of the arbitrator Fact Finder shall be final, conclusive, and binding upon employees, shared equally by the parties. The Board and the Association subject to will be bound by the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effectthis panel.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement;
b. The arbitrator shall have no power to establish salary scales or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of arbitrator shall be borne equally by the parties except each party shall assume its own cost for representation including any expense of witnesses.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Level One. A teacher believing themselves wrong by an alleged grievant and/or his Association representative alleging a violation of the express provisions of this contract shall within seven ten (710) working days of its alleged when the employee knew or should have known of the occurrence orally discuss the grievance with the building principal immediate supervisor or his designee in an attempt to resolve same. If no resolution is obtained within three (3) days of the discussion, the teacher grievant shall reduce the grievance to writing and present submit it to the PrincipalSupervisor for his written response. If no resolution is obtained within eight (8) days of the discussion, the grievance may be filed at Level Two (2). Level Two - A copy of the written grievance shall be filed with the signature Superintendent or his designated agent. The Superintendent or the designated agent shall sign and date the grievance. Within five (5) days of the Association attached only to inform the Board of the Association's knowledge receipt of the grievance. If no decision is rendered within four (4) days , the Superintendent or his designated agent shall meet with the decision is unsatisfactory to grievant and/or the designated Association representative, at the option of the grievant, to discuss the grievant may appeal same to the Superintendent at Level Twogrievance. Level One may be bypassed if mutually agreed upon by the Superintendent and the Association. If no decision is rendered within Within five (5) days of the discussion, the Superintendent or his designated agent shall render his decision in writing, transmitting a copy of the decision is unsatisfactory to the grievant and/or the Association, the grievant may appeal same to the Board of Education by filing a written grievance along with the decision of the Superintendent with the office of the Board in charge of drawing up the agenda for the Board's meeting not less than ten (10) days prior to the next regularly scheduled Board meeting. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filinggrievant, the building principal for Association Secretary, the building in employee's immediate Supervisor in/on which the grievance arose, the grievant, and the Secretary place a copy of the Association.
1same in a permanent file in his office. Level Three - If the Association is not satisfied with the disposition of the grievance at Level ThreeTwo (2) or if no answer has been received by the due date, it the Association may submit the grievance to binding arbitration before an impartial arbitrator by filing a demand for arbitration with the Employer within ten twenty (1020) work days after the decision of the Board, refer Level Two disposition or the matter deadline for the disposition. The arbitrator to the American Arbitrator Association, in writing, and request the appointment of an arbitration to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be selected by through lists of resident Michigan arbitrators obtained from the American Arbitrator Federal Mediation and Conciliation Service. The Employer and the Association shall not be permitted to assert in accordance with its rules.
2. Neither party may raise a new defense such arbitration proceeding any ground, or ground at Level Four to rely on any evidence, not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3party. The arbitrator shall have no authority to alter, ignore, modify, add to, or subtract from the terms of this Agreement. The arbitrator shall have no authority to make a decision in any case of discharge or discipline of a probationary employee. The arbitrator shall have no authority to make a decision in any matter based upon an interpretation of any statutory law for which there is an administrative agency created by state or federal statute which has jurisdiction to determine the legal rights of the grievant. Both parties agree to be bound by the award of the arbitrator made within the scope of authority. The fees and expenses of the arbitrator shall be final, conclusive, paid as follows: ▪If the grievance is sustained and binding upon employeesthe remedy sought by the Association is awarded in full, the Board Employer shall pay the fees and expenses in full. ▪If the grievance is denied in full, the Association subject to shall pay the right of fees and expenses in full. ▪If the Board or grievance is neither sustained in full, nor denied in full, the Association to judicial review, any lawful decision fees and expenses of the arbitrator shall be forthwith placed into effect.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement;
b. The arbitrator shall have no power to establish salary scales or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Board shared on a percentage basis as to the reasonableness of any such practice, policy, rule, or any action taken determined by the Board;
d. The arbitrator arbitrator. Employees who are necessary participants in an arbitration hearing as an Association representative or witness in the proceedings shall have no power be released from duty without loss of pay for the time necessary to decide any question whichrepresent or testify as the case may be, under this Agreement, provided the hearing is within held on the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6employer's premises. If either party disputes the arbitrability of any grievance under hearing is not held on the terms of this agreementemployer's premises, employees may use personal business leave or the arbitrator shall have Association may reimburse the jurisdiction employer for necessary substitute costs, unless the employer initiates the request for the hearing to determine the arbitrability of the grievancebe held away from its premises. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter An attempt shall be referred back made to the parties without decision schedule arbitration and attendance of employees at times which will avoid or recommendation on the meritsminimize release from work.
7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of arbitrator shall be borne equally by the parties except each party shall assume its own cost for representation including any expense of witnesses.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Level One. A teacher believing themselves wrong by an alleged violation Paragraph 1: If the matter is not resolved informally to the satisfaction of the express provisions of this contract shall grievant, the grievance must be filed in writing with the grievant’s immediate supervisor within seven (7) days after the first informal meeting and a copy of its alleged occurrence orally discuss such grievance shall be forwarded to the UTW President or designee and the Su- perintendent or designee. Paragraph 2: Within seven (7) days after receiving the Level One grievance, the immediate supervisor may, at his/her option, hold a discussion meeting with the grievant and his/her representative, if any. Within seven (7) days after the discus- sion meeting, if one is held, or within seven (7) days after the grievance is filed in writing, the immediate supervisor shall make a decision in writing, together with the building principal in an attempt to resolve samesupporting reasons. If no resolution is obtained within three (3) days of the discussion, the teacher Copies shall reduce the grievance to writing and present to the Principal, with the signature of the Association attached only to inform the Board of the Association's knowledge of the grievance. If no decision is rendered within four (4) days or the decision is unsatisfactory be forwarded to the grievant, the grievant grievant’s representative, if any, the UTW President or designee and the Superintendent or designee. Paragraph 3:
(a) UTW, as an alternative to the informal level and to a teacher(s) filing a Level One grievance, may appeal same file with the Superintendent an alternative Level One griev- ance in circumstances where the otherwise grievant(s) has a genuine concern that the filing of a grievance might result in retaliation being taken by the grievant’s immediate supervisor. The President of UTW shall verify to the Superintendent at Level Twothat the person who would otherwise file the grievance has a genuine concern that the filing of a grievance might result in retaliation being taken by the otherwise grievant’s immediate supervisor. It is understood by UTW that the Board does not tolerate retaliation by supervisors against persons who file grievances and UTW agrees that it will cooperate with the Superintendent regarding the addressing and eliminating of situations where retaliation may be occurring.
(b) Upon the filing of an alternative Level One may be bypassed if mutually agreed upon by grievance, UTW shall file a written statement that sets out the alleged violation or misapplication of this Agreement or Board Policy 5112 including Administrative Implemental Procedures. If the matter is not informally resolved between the Superintendent and UTW to the Association. If no decision is rendered within five (5) days sat- isfaction of the discussion, or the decision is unsatisfactory to the grievant and/or the Association, the grievant may appeal same to the Board of Education by filing a written grievance along with the decision of the Superintendent with the office of the Board in charge of drawing up the agenda for the Board's meeting not less than ten (10person(s) days prior to the next regularly scheduled Board meeting. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in which who would otherwise have filed the grievance arose, the grievant, and the Secretary of the Association.
1. If the Association is not satisfied with the disposition of the grievance at Level Three, it may within ten (10) days after the decision of the Board, refer the matter for arbitrator to the American Arbitrator Association, in writing, and request the appointment of an arbitration to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be selected by the American Arbitrator Association in accordance with its rules.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3. The decision of the arbitrator shall be final, conclusive, and binding upon employees, the Board and the Association subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement;
b. The arbitrator shall have no power to establish salary scales or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of arbitrator shall be borne equally by the parties except each party shall assume its own cost for representation including any expense of witnesses.ten
Appears in 2 contracts
Sources: Teachers Employment Agreement, Teachers Employment Agreement
Level One. A teacher driver believing themselves wrong himself wronged by an alleged violation of the express provisions of this contract shall within seven five (75) days of after its alleged occurrence orally discuss the grievance with the building principal transportation supervisor in an attempt to resolve same. The driver shall identify the discussion as involving a grievance issue. If no resolution is obtained within three five (35) days of the discussion, the teacher driver shall reduce the grievance to writing and present proceed within five (5) days of said discussion to Level Two. A copy of the Principal, written grievance shall be filed with the signature Superintendent or his designated agent as specified in Level One with the endorsement thereon of the Association attached only to inform the Board approval or disapproval of the Association's knowledge unit. Within five (5) days of receipt of the grievance, the Superintendent or his designated agent shall arrange a meeting with the grievant and/or the designated unit representative at the option of the grievant to discuss the grievance. If no decision is rendered within four Within five (45) days of the discussion the Superintendent or his designated agent shall render his decision in writing, transmitting a copy of the decision is unsatisfactory same to the grievant, the grievant may appeal unit secretary, the transportation supervisor, and place a copy of same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent and the Associationin a permanent file in his office. If no decision is rendered within five (5) days of the discussion, or the decision is unsatisfactory to the grievant and/or and the Associationunit, the grievant may appeal same to the Board of Education by filing a written grievance along with the decision of the Superintendent superintendent with the office officer of the Board in charge of drawing up the agenda for the Board's meeting not less than ten five (105) days prior to the next regularly regular Board meeting scheduled at least ten (10) days after receipt of the superintendent's answer. Upon proper application as specified in Level Three the Board meetingshall allow the driver or his unit representative an opportunity to be heard at the meeting for which the grievance was scheduled. Within two (2) weeks from the hearing of the grievance, the Board shall render its decision in writing. The Board may hold future hearings therein, may designate one or more of its members to hold future hearings therein or otherwise investigate the grievance, provided however, that in no event except with express written consent of the Association shall final determination of the grievance be made by the Board more than two (2) weeks after the initial hearing. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in which the grievance arosetransportation supervisor, the grievant, and the Secretary secretary of the AssociationUnit. Level Four: Within ten (10) business days, the parties shall attempt to mutually agree upon an arbitrator. If unable to agree, they shall select an arbitrator from the following list. On alternating cases, the Union or District shall be the first to strike the name of an arbitrator. Each party will continue to alternately strike a name until one arbitrator's name remains. The arbitrator will then be jointly notified by the parties of selection and request available hearing dates.
1. If the Association is not satisfied with the disposition of the grievance at Level Three, it may within ten (10) days after the decision of the Board, refer the matter for arbitrator to the American Arbitrator Association, in writing, and request the appointment of an arbitration to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be selected by the American Arbitrator Association in accordance with its rules.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3. The decision of the arbitrator shall be final, conclusive, and binding upon employees, the Board and the Association subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement;
b. The arbitrator shall have no power to establish salary scales or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of arbitrator shall be borne equally by the parties except each party shall assume its own cost for representation including any expense of witnesses.▇▇▇▇ ▇▇▇▇▇▇
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Level One. A teacher believing themselves wrong by an alleged The Association alleging a violation of the express provisions of this contract shall, whenever possible, first discuss the matter orally with the building Principal. If the above procedure does not result in settlement of the matter, the Association shall then submit the grievance formally on the form appended to this contract. The formal filing of a grievance must take place within seven ten (710) days of its alleged the occurrence orally discuss of the event giving rise to the grievance. The Principal shall have five (5) days in which to respond, in writing, to the formal grievance. If the matter is not resolved at Level One, the grievant may then process the grievance to Level Two, as specified below. Level Two A copy of the written grievance shall be filed with the building principal Superintendent or designated agent as specified in an attempt to resolve sameLevel One with the endorsement thereon of the approval or disapproval of the Association. If no resolution is obtained within three Within five (35) days of receipt of the grievance, the Superintendent or designated agent shall arrange a meeting with the designated Association representative. Within five (5) days of the discussion, the teacher Superintendent or designated agent shall reduce the grievance to writing and present to the Principalrender his decision in writing, with the signature transmitting copies of the Association attached only to inform the Board of the Association's knowledge of the grievance. If no decision is rendered within four (4) days or the decision is unsatisfactory to the grievant, the grievant may appeal same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent and the AssociationAssociation secretary. If no decision is rendered within five (5) days of the discussion, or the decision is unsatisfactory to the grievant and/or the Association, the grievant may Association shall within five (5) days appeal same to the Board of Education by filing a such written grievance along with the decision of the Superintendent with the office one officer of the Board board in charge of drawing up the agenda for the Board's meeting not less than ten (10) days prior to the next regularly scheduled Board meeting. A copy Level Three Upon proper application as specified in Level Two, the Board shall allow the Association representative an opportunity to be heard at the meeting for which the grievance was scheduled. Within one (1) month from the hearing of the grievance, the Board shall render its decision in writing. The Board may hold future hearings therein or otherwise investigate the grievance provided, however, that in no event except with express written consent of the Association, shall final determination of the grievance be made by the Board more than one (1) month after the initial hearing. Copies of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in which the grievance arose, the grievant, and the Secretary secretary of the Association. Level Four Individual teachers shall not have the right to process a grievance at Level Four.
1. If the Association is not satisfied with the disposition of the grievance at Level Three, it may within ten (10) days after the decision of the Board, Board refer the matter for arbitrator arbitration to the American Arbitrator Arbitration Association, in writing, and request the appointment of an arbitration arbitrator to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be selected by the American Arbitrator Association in accordance with its rules.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3. The decision of the arbitrator shall be final, conclusive, final and conclusive and binding upon employees, the Board and the Association subject Association. Subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator He/she shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement;.
b. The arbitrator He/she shall have no power to establish salary scales or to change any salary;scales.
c. The arbitrator He/she shall have no power to change any practice, policy, policy or rule of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, rule or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically the same are conditioned by this Agreement;.
e. The arbitrator d. He/she shall have no power to interpret state or federal law;.
f. The arbitrator e. He/she shall not hear any grievance previously barred from the scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
7. f. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost g. Where no wage loss has been caused by the action of the Board complained of, the Board shall be under no obligation to make monetary adjustments and the arbitrator shall have no power to order one.
h. Arbitration awards or grievance settlements will not be made retroactive beyond the date of the occurrence or non-occurrence of the event upon which the grievance is based.
i. Should a grievance concern teacher evaluation, the arbitrator shall be borne equally by the parties except each party shall assume its own cost for representation including any expense confined to dealing with matters of witnessesevaluation procedure.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Level One. A teacher believing themselves wrong himself wronged by an alleged violation of the express provisions of this contract shall within seven five (75) days of after its alleged occurrence orally discuss the grievance with the building principal in an attempt to resolve same. The teacher shall identify the discussion as involving a grievance issue. If no resolution is obtained within three five (35) days of the discussion, the teacher shall reduce the grievance to writing and present proceed within five (5) days of said discussion to Level Two. A copy of the Principal, written grievance shall be filed with the signature Superintendent or his designated agent as specified in Level One with the endorsement thereon of the Association attached only to inform the Board approval or disapproval of the Association's knowledge . Within five (5) days of receipt of the grievance, the Superintendent or his designated agent shall arrange a meeting with the grievant and/or the designated Association representative at the option of the grievant to discuss the grievance. If no decision is rendered within four Within five (45) days of the discussion the Superintendent or his designated agent shall render his decision in writing, transmitting a copy of the decision is unsatisfactory same to the grievant, the grievant may appeal Association secretary, the building principal in which the grievance arose, and place a copy of same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent and the Associationin a permanent file in his office. If no decision is rendered within five (5) days of the discussion, or the decision is unsatisfactory to the grievant and/or and the Association, the grievant may appeal same to the Board of Education by filing a written grievance along with the decision of the Superintendent superintendent with the office officer of the Board in charge of drawing up the agenda for the Board's meeting not less than ten five (105) days prior to the next regularly regular Board meeting scheduled at least ten (10) days after receipt of the superintendent's answer. Upon proper application as specified in Level Two the Board meetingshall allow the teacher or his Association representative an opportunity to be heard at the meeting for which the grievance was scheduled. Within two (2) weeks from the hearing of the grievance, the Board shall render its decision in writing. The Board may hold future hearings therein, may designate one or more of its members to hold future hearings therein or otherwise investigate the grievance, provided however, that in no event except with express written consent of the Association shall final determination of the grievance be made by the Board more than two (2) weeks after the initial hearing. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in which the grievance arose, the grievant, and the Secretary secretary of the Association. Individual teachers shall not have the right to process a grievance at Level Four.
1. If the Association is not satisfied with the disposition of the grievance at Level Threelevel three, it may may, within ten (10) days after the decision of the Board, refer the matter for arbitrator to the American Arbitrator Association, in writing, and request the appointment of an arbitration arbitrator to hear the grievance. If the both parties cannot agree upon an arbitrator, he/she shall be selected by the American Arbitrator Arbitration Association in accordance with its rules.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3. The decision of the arbitrator shall be final, conclusive, final and conclusive and binding upon employees, the Board and the Association subject to the right of the Board or the Association to judicial review, Association; and any lawful decision of the arbitrator shall be forthwith placed into effect.
4. Powers of the arbitrator are subject to the following limitationsThe arbitrator:
a. The arbitrator shall Shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement;agreement.
b. The arbitrator shall Shall have no power to establish salary scales or to change any salary;.
c. The arbitrator shall Shall have no power to change any practice, policy, policy or rule of the Board nor substitute his judgment for that provided the same be reasonable and not in violation of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;this agreement.
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall Shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities responsibilities, except as they may be specifically conditioned by this Agreement;agreement.
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall Shall not hear any grievance previously barred from the scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
7. More No more than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar natureconsent.
86. The cost of arbitrator arbitration shall be borne equally by the parties except each party shall assume its own cost for of representation including any expense of witnesses.
a. Should a teacher fail to institute a grievance within the time limits specified, the grievance will not be processed. Should a teacher fail to institute a grievance within the limits specified, or leave the employ of the Board, (except a claim involving a remedy directly benefiting the grievant regardless of his employment), all further proceedings on a previously instituted grievance shall be barred.
b. The Association shall have no right to initiate a grievance involving a teacher or group of teachers without his or their express approval in writing thereon, but the Association may file grievances as representative of its entire membership.
c. All preparation, filing, presentation or consideration of grievances prior to arbitration shall be held at times other than when a teacher or participating Association representative are to be at their assigned duty stations.
d. Where no monetary loss has been caused by the action of the Board complained of, the Board shall be under no obligation to make monetary adjustments and the arbitrator shall have no power to order one.
e. Arbitration awards or grievance settlements will not be made retroactive beyond the date of the occurrence or non-occurrence of the event upon which the grievance is based. In no event, however, shall the settlement be earlier than thirty (30) days prior to the date on which the grievance is filed.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Level One. A teacher bargaining unit member believing themselves wrong himself/herself wronged by an alleged violation of the express provisions of this contract or Board policies unless prohibited by law shall within seven ten (710) days of its alleged occurrence occurrence, orally discuss the grievance with the building principal in an attempt to resolve same. If no resolution is obtained within three five (35) days of the discussion, the teacher member shall reduce the grievance to writing and present proceed within six (6) days of said discussion to Level Two. If the occurrence falls within the final five (5) days of the school year, and prior to the Principal, with the signature beginning of the Association attached only to inform the Board of the Association's knowledge of the grievance. If no decision is rendered within four (4) days or the decision is unsatisfactory to the grievantnext school year, the grievant may appeal shall (within the established time frames of the grievance process) submit a written grievance to the administration office/superintendent. The contractual time lines for the processing of said grievance shall not commence until the grievance has been signed by the President or the designated grievance chair of the BEA. Within five (5) days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent grievant and the Association, and shall place a copy of same in the permanent file in his/her office. If, at this time, the grievance has been resolved, all records pertaining to the grievance shall be removed from any personnel files in the school's offices. If no decision is rendered within five (5) days of the discussion, or the decision is unsatisfactory to the grievant and/or and the Association, the grievant Association may appeal same to the Board of Education by filing a written grievance along with the decision of the Superintendent with the office of the Board in charge of drawing up the agenda for the Board's meeting President not less than ten five (105) days prior to the next regularly scheduled Board meeting. If it is not possible to meet this time limit due to the date of the Superintendent's decision, this time limit may be waived by mutual written agreement of the Association and the Administration. If no agreement is reached to waive the time limit, the grievance will not be heard at that Board Meeting, but will definitely be heard by the Board no later than its next regularly scheduled meeting. No grievance shall be allowed beyond Level Two unless processed by the Association. The Board may hold future hearings therein, may designate one or more of its members to hold future hearings therein or otherwise investigate the grievance provided, however, that in no event except with express written consent of the Association shall final determination of the grievance be made by the Board more than ten (10) days after the initial hearing. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, ; the building principal for the building in which the grievance arose, the grievant, and the Secretary of the Association.
1. If the Association is not satisfied with the disposition of the grievance at Level Three, it may within ten (10) days after the decision of the Board, refer the matter for arbitrator to the American Arbitrator Association, in writing, and request the appointment of an arbitration to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be selected by the American Arbitrator Association in accordance with its rules.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3. The decision of the arbitrator shall be final, conclusive, and binding upon employees, the Board and the Association subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement;
b. The arbitrator shall have no power to establish salary scales or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of arbitrator shall be borne equally by the parties except each party shall assume its own cost for representation including any expense of witnesses.
Appears in 2 contracts
Sources: Master Agreement, Professional Agreement
Level One. A teacher believing themselves wrong himself wronged by an alleged violation of the express provisions of this the contract shall shall, within seven five (75) days of its the meeting with the building principal or ten (10) days of the alleged occurrence orally discuss of the grievable action whichever shall come first, file a written grievance with the building principal. Within five (5) days of the receipt of the grievance, the principal shall meet with the teacher in an attempt effort to resolve samethe grievance. The principal shall provide the Association with a written disposition within five (5) days. If no resolution is obtained within three five (35) days of the discussionmeeting, the teacher shall reduce proceed within five (5) days of the date of the written disposition to Level Two. By mutual consent of the grievant and the superintendent, Level One may be bypassed, in which case the written grievance shall be initially filed with the superintendent who shall hold a hearing on the grievance to writing and present to the Principal, with the signature within five (5) days of the Association attached only to inform the Board filing and shall approve or disapprove it within ten (10) days of the Association's knowledge of hearing, providing the grievanceAssociation with a written disposition within ten (10) days. If no decision is rendered within four (4) days the above specified time limits or if the decision is unsatisfactory to the grievant, the grievant may appeal same to by filing the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by grievances with the Superintendent and Secretary of the Association. If no decision is rendered Board within five (5) days and proceed to Level Three. of receipt of the discussion, or grievance appeal by the decision is unsatisfactory to the grievant and/or the AssociationBoard, the grievant may appeal same to board shall issue its final determination on the grievance within fifteen (15) days after the Board of Education by filing a written grievance along with meeting. If the decision of the Superintendent with the office of the next regular Board in charge of drawing up the agenda for the Board's meeting not is less than ten (10) days prior to after the next regularly scheduled receipt of the grievance appeal by the Board, the board shall issue its final determination on the grievance within thirty (30) days after the Board meeting. A copy The Board may hold a hearing thereon, may designate one (1) or more of its members to hold a hearing or otherwise investigate the grievance, or prescribe such procedure as it may deem appropriate for consideration of the grievance, provided, however, that in no event, except with express written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in which the grievance arose, the grievant, and the Secretary consent of the Association, shall final determination of the grievance be made by the Board later than the deadlines as set forth above. The Board shall provide the Association with a written disposition within the timelines.
1. If the Association is not satisfied with the disposition of the grievance at Level Three, it may within ten (10) days after the decision of the BoardBoard in writing, refer the matter for arbitrator arbitration to the American Arbitrator AssociationBoard, in writing, and request the appointment of an arbitration arbitrator to hear the grievance. If the parties cannot agree upon an arbitrator, he/she he shall be selected by the American Arbitrator Arbitration Association in accordance with its rules; however, each party shall have the right to presumptorily strike not more than three (3) from the list of arbitrators.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. (Each party shall submit to the other party party, not less than three (3) days prior to the hearing hearing, a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.)
3. The decision of the arbitrator shall be final, conclusive, final and conclusive and binding upon employees, the Board Board, and the Association Association, subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator He shall have no power to add to, subtract from, disregard, alter alter, or modify any of the terms of this the Agreement;.
b. The arbitrator shall have no power to establish salary scales or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator He shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedurelaws.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, him it may not be withdrawn by either party except by mutual consentparty.
6. If either party disputes the arbitrability of any grievance under the terms of this agreementAgreement, the arbitrator shall have the no jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and act upon the merits of dispute until the dispute matter has been determined in writing. (In the same proceeding. Should event that a case is appealed to the arbitrator determine that s/on which he is without jurisdiction has no power to rule, the matter it shall be referred back to the parties without decision or recommendation on the its merits.)
7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they the grievances are of similar nature.
8. The cost of the arbitrator shall be borne equally by the parties except parties; however, each party shall assume its own cost for representation including any expense of witnesses.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Level One. A teacher believing themselves wrong by an alleged alleging a violation of the express provisions of this contract shall within seven with five (75) days of its alleged occurrence orally discuss the grievance with the building principal in an attempt to resolve same. If no resolution is obtained within three (3) days of the discussion, the teacher shall reduce the grievance to writing and present proceed within three (3) days of said discussion to Level Two. Level Two - A copy of the Principal, written grievance shall be filed with the signature Superintendent or his designated agent as specified in Level One with the endorsement thereon of the Association attached only to inform the Board approval or disapproval of the Association's knowledge . Within three (3) days of receipt of the grievance, the Superintendent or his designated agent shall arrange a meeting with the grievant and/or the designated Association representative, at the option of the grievant, to discuss the grievance. If no decision is rendered within four Within five (45) days of the discussion, the Superintendent or his designated agent shall render his decision in writing, transmitting a copy of the decision is unsatisfactory same to the grievant, the grievant may appeal Association secretary, the building principal in which the grievance arose, and place a copy of same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent and the Associationin a permanent file in his office. If no decision is rendered within five (5) days of the discussion, or the decision is unsatisfactory to the grievant and/or and the Association, the grievant may shall within three (3) days appeal same to the Board of Education by filing a such written grievance along with the decision of the Superintendent Superintendent, with the office officer of the Board in charge of drawing up the agenda for the Board's meeting not less than ten (10) days prior to the next regularly scheduled Board meeting. A copy Level Three - Upon proper application as specified in Level Two, the Board shall allow the teacher or his Association representative an opportunity to be heard at the next regularly scheduled meeting of the board. WITHIN FIVE (5) DAYS OF THE FINAL HEARING OF THE GRIEVANCE, THE BOARD SHALL RENDER ITS DECISION IN WRITING. The Board may hold future hearings therein or otherwise investigate the grievance provided, however, that in no event except with express written consent of the Association shall final determination of the grievance be made by the Board, NO LATER THAN THE NEXT REGULARLY SCHEDULED MEETING OF THE BOARD. Level Four - If the decision of the Board shall be forwarded is unsatisfactory to the Superintendent for permanent filing, the building principal for the building in which the grievance arose, the grievant, and the Secretary of the Association.
1. If the Association is not satisfied with the disposition of the grievance at Level Three, it may may, within ten five (105) days after the decision of receipt of the Board's Level Three answer, refer the matter for arbitrator to the American Arbitrator Association, in writing, and request the appointment of an arbitration to hear factfinding concerning the grievance. A factfinding panel consisting of one (1) Association representative, one (1) representative appointed by the Board, and a third party chosen by the mutual agreement of the parties, shall convene. If the parties mutual agreement cannot agree upon an arbitratorbe arrived at by parties (1) and (2) above, he/she shall then a neutral third party will be selected assigned by the rules developed by the American Arbitrator Association in accordance with its rules.
2Arbitration Association. Neither party may raise a new defense shall have any power to select or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to affect the selection of the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3party's panel representative. The decision parties are responsible for their own costs, however, the costs of the arbitrator Fact Finder shall be final, conclusive, and binding upon employees, shared equally by the parties. The Board and the Association subject to will be bound by the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effectthis panel.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement;
b. The arbitrator shall have no power to establish salary scales or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of arbitrator shall be borne equally by the parties except each party shall assume its own cost for representation including any expense of witnesses.
Appears in 1 contract
Sources: Master Agreement
Level One. A teacher believing themselves wrong by an alleged violation of the express provisions of this contract The administrator with a grievance shall within seven (7) days of its alleged occurrence orally first discuss the grievance matter with his/her supervisor alone or with his/her representative present, with the building principal in an attempt to resolve sameobjective of resolving the matter informally. If no resolution is obtained The supervisor shall make his her decision known within three (3) days following said conference. Any grievance not filed within five days following its occurrence or within five days of the discussiondate grievant becomes aware or should have been aware of the administrative action, shall be considered automatically closed. Level Two: In the event the grievance is not satisfactorily resolved at Level One within three (3) days, the teacher grievance shall reduce be reduced to writing, signed by the grievance to writing aggrieved and present to the Principal, filed with the signature Director of the Association attached only to inform the Board of the Association's knowledge of the grievance. If no decision is rendered within four (4) days or the decision is unsatisfactory to the grievantHuman Resources, the grievant may appeal same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent and the Association. If no decision is rendered who shall give a written disposition within five (5) days of receipt of the discussiongrievance. Level Three: In the event the grievance is not satisfactorily settled in Level Two, or the decision is unsatisfactory it may be presented to the grievant and/or Superintendent of Schools within five (5) days of receipt of the answer in Level Two. The Superintendent may designate three (3) persons, who may include himself/herself, to represent the Central Administration. The Chairman of the Association Grievance Committee shall designate three (3) persons, who may include himself/herself, to represent the Association, the grievant may appeal same to the Board of Education by filing a written grievance along with the decision of the Superintendent with the office of the Board in charge of drawing up the agenda for the Board's meeting not less than ten . Within five (105) days prior to the next regularly scheduled Board meeting. A copy after receipt of the written decision grievance by the Superintendent, these two representative groups shall meet outside of school hours to consider the problem and to arrive at a solution of the Board shall grievance. Outside counsel or representatives may be forwarded invited to be present by either party with no less than two days prior notice to be given. In the event that, in the judgment of the Grievance Committee, a grievance affects a group or class of administrators, the grievance may be submitted in writing to the Superintendent for permanent filingSuperintendent, the building principal for the building in which bypassing levels one and two. Level Four: If the grievance aroseis not satisfactorily resolved by the Superintendent, either the grievant, and the Secretary of the Association.
1. If Board or the Association is not satisfied with the disposition of the grievance at Level Threemay, it may within ten (10) days after days, seek outside mediation assistance. Either party may invoke the mediation of a grievance through the auspices of the Michigan Employment Relations Commission’s mediation services or a mutually acceptable alternative. Mediation shall be requested when resolution of the problem is desired, short of arbitration, and one or both of the parties believes an outside, impartial observer may assist in the resolution process. Level Five: If the grievance is not satisfactorily resolved by the Superintendent or in mediation, the Association may, within (10) days, appeal the decision to impartial arbitration by sending a request to the American Arbitration Association requesting their services. The selection of an arbitrator and conducting of the hearings will be in accordance with their procedures. The decision of the Boardimpartial arbitrator shall be final and binding on all parties. The expenses and fee, refer if any, of the matter for impartial arbitrator to shall be shared equally by both parties. It shall be the American Arbitrator Association, in writingfunction of the arbitrator, and request the appointment of an arbitration to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be selected by the American Arbitrator Association empowered, except as his/her powers are limited below, after due investigation, to make a decision in accordance with its rules.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3. The decision cases of alleged violation of the arbitrator shall be final, conclusive, specific articles and binding upon employees, the Board and the Association subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms sections of this Agreement;
b. The arbitrator shall have no power to establish salary scales or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of arbitrator shall be borne equally by the parties except each party shall assume its own cost for representation including any expense of witnesses.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Level One. A teacher believing themselves wrong by an alleged violation Paragraph 1: If the matter is not resolved informally to the satisfaction of the express provisions of this contract shall grievant, the grievance must be filed in writing with the grievant’s immediate supervisor within seven (7) days after the first informal meeting and a copy of its alleged occurrence orally discuss such grievance shall be forwarded to the UTW President or designee and the Su- perintendent or designee. Paragraph 2: Within seven (7) days after receiving the Level One grievance, the immediate supervisor may, at his/her option, hold a discussion meeting with the grievant and his/her representative, if any. Within seven (7) days after the discus- sion meeting, if one is held, or within seven (7) days after the grievance is filed in writing, the immediate supervisor shall make a decision in writing, together with the building principal in an attempt to resolve samesupporting reasons. If no resolution is obtained within three (3) days of the discussion, the teacher Copies shall reduce the grievance to writing and present to the Principal, with the signature of the Association attached only to inform the Board of the Association's knowledge of the grievance. If no decision is rendered within four (4) days or the decision is unsatisfactory be forwarded to the grievant, the grievant grievant’s representative, if any, the UTW President or designee and the Superintendent or designee. Paragraph 3:
(a) UTW, as an alternative to the informal level and to a teacher(s) filing a Level One grievance, may appeal same file with the Superintendent an alternative Level One griev- ance in circumstances where the otherwise grievant(s) has a genuine concern that the filing of a grievance might result in retaliation being taken by the grievant’s immediate supervisor. The President of UTW shall verify to the Superintendent at Level Twothat the person who would otherwise file the grievance has a genuine concern that the filing of a grievance might result in retaliation being taken by the otherwise grievant’s immediate supervisor. It is understood by UTW that the Board does not tolerate retaliation by supervisors against persons who file grievances and UTW agrees that it will cooperate with the Superintendent regarding the addressing and eliminating of situations where retaliation may be occurring.
(b) Upon the filing of an alternative Level One may be bypassed if mutually agreed upon by grievance, UTW shall file a writ- ten statement that sets out the alleged violation or misapplication of this Agree- ment or Board Policy 5112 including Administrative Implemental Procedures. If the matter is not informally resolved between the Superintendent and UTW to the Association. If no decision is rendered within five (5) days satisfaction of the discussion, or the decision is unsatisfactory to the grievant and/or the Association, the grievant may appeal same to the Board of Education by filing a written grievance along with the decision of the Superintendent with the office of the Board in charge of drawing up the agenda for the Board's meeting not less than ten (10person(s) days prior to the next regularly scheduled Board meeting. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in which who would otherwise have filed the grievance arose, the grievant, and the Secretary of the Association.
1. If the Association is not satisfied with the disposition of the grievance at Level Three, it may within ten (10) days after the decision grievance is filed, then the Superintendent and President shall meet at their mutual earliest convenience. Upon such meeting the Superin- tendent and President shall select a neutral person as a hearing officer to serve on a panel with the UTW President and the Superintendent to decide whether there was a violation or misapplication of the Boardthis agreement or Board Policy 5112, refer the matter for arbitrator to the American Arbitrator Association, in writing, and request the appointment of an arbitration to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be selected by the American Arbitrator Association in accordance with its rules.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3includ- ing Administrative Implemental Procedures. The decision of the arbitrator panel shall be final, conclusive, and binding upon employees, the Board and the Association subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement;
b. The arbitrator shall have no power to establish salary scales or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of arbitrator shall be borne equally by the parties except each party shall assume its own cost for representation including any expense of witnesses.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Level One. A teacher believing themselves wrong by an alleged An administrator alleging a violation of the express provisions of this contract shall within seven five (75) days of its alleged occurrence orally discuss the grievance with the building principal Superintendent in an attempt to resolve samethe issue. If no resolution is obtained within three (3) days of the discussion, the teacher shall administrator may reduce the grievance to writing and present proceed within five (5) days of said discussion to Level Two. Level Two - A copy of the Principal, written grievance shall be filed with the signature Superintendent or his/her designated agent as specified in Level One with the endorsement thereon of the Association attached only to inform the Board approval or disapproval of the Association's knowledge . Within five (5) days of receipt of the grievance, the Superintendent or his designated agent may arrange a meeting with the grievant and/or the designated Association representative, to discuss the grievance. If no decision is rendered within four Within five (45) days of the discussion, the Superintendent or the his/her designated agent may render his/her decision is unsatisfactory in writing, transmitting a copy of same to the grievant, the grievant may appeal Association, and place a copy of same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent and the Associationin a permanent file in his/her office. If no decision is rendered within five (5) days of the discussion, or the decision is unsatisfactory to the grievant and/or and the Association, the grievant may within five (5) days appeal same to the Board of Education by filing a such written grievance grievance, along with the decision of the Superintendent Superintendent, with the office of the Board in charge of drawing up to be included on the agenda for the Board's meeting not less than ten (10) days prior to the next regularly scheduled meeting. Level Three - Upon proper application as specified in Level Two, the Board meetingshall allow the administrator or his/her Association representative an opportunity to be heard at the meeting for which the grievance was scheduled. Within one (1) month from the hearing of the grievance, the Board shall render its decision in writing. The Board may hold future hearings therein or otherwise investigate the grievance provided, however, that in no event, except with express written consent of the Association, shall final determination of the grievance be made by the Board more than one month after the initial hearing. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for administrator who filed the building in which the grievance arose, the grievantgrievance, and the Secretary of Association. Level Four - Individual administrators shall not have the Association.
1right to process a grievance at Level Four. If In the event the Association is not satisfied with the disposition of the grievance at Level Three, it may the Association must provide written notice of intent to submit a grievance to arbitration within ten fifteen (1015) days after the decision receipt of the Boarddecision in Level Three. After receipt of a notice of intent to arbitrate, refer the matter for arbitrator parties shall meet in an attempt to the American Arbitrator Association, in writing, and request the appointment of agree on an arbitration to hear the grievancearbitrator. If the parties cannot are unable to mutually agree upon on an arbitrator, he/she shall then the Association may submit the matter to the Michigan Employment Relations Commission requesting that an arbitrator be selected by the American Arbitrator Association in accordance with its their assistance and under their rules.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit The submission to the other party not less Michigan Employment Relations Commission (MERC) must be made no later than three thirty (330) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3. The decision after receipt of the arbitrator shall be final, conclusive, and binding upon employees, the Board and the Association subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect.
4in Level Three. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to add toamend, subtract fromalter, disregard, alter or modify this Agreement or any supplementary Agreement. The award of the terms of arbitrator shall be based exclusively on evidence presented at the arbitration hearing and the award shall not be based on other extra contract matters not specifically incorporated in this Agreement;
b. . There shall be no appeal from the arbitrator's decision. It shall be final and binding on the Association, the Board, and on all parties. The arbitrator shall have no power to establish salary scales schedules or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, set or rule alter hourly rates. No decision of the Board nor substitute his judgment for that arbitrator in any one case shall require retroactive adjustment in any other case. The expense of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of arbitrator arbitration proceedings shall be borne equally by the parties except each parties. Each party shall assume its own cost make arrangements for representation including and pay the expenses of witnesses which are called by them. Representatives of the Association who are called as witnesses by the Employer shall not suffer any expense loss in their regular wages. The arbitrator shall not be empowered to rule on any matter which has been made subject to review by applicable Federal, State, or Civil regulatory procedures. The non-renewal of witnessesan administrator's contract shall not be subject to the grievance procedure and an arbitrator shall have no authority to address a dispute involving the non- renewal of an administrator's contract.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Level One. A teacher bargaining unit member believing themselves wrong himself/herself wronged by an alleged violation of the express provisions of this contract or Board policies shall within seven ten (710) days of its alleged occurrence occurrence, orally discuss the grievance with the building principal in an attempt to resolve same. If no resolution is obtained within three five (35) days of the discussion, the teacher member shall reduce the grievance to writing and present proceed within six (6) days of said discussion to Level Two. If the occurrence falls within the final five (5) days of the school year, and prior to the Principal, with the signature beginning of the Association attached only to inform the Board of the Association's knowledge of the grievance. If no decision is rendered within four (4) days or the decision is unsatisfactory to the grievantnext school year, the grievant may appeal shall (within the established time frames of the grievance process) submit a written grievance to the administration office/superintendent. The contractual time lines for the processing of said grievance shall not commence until the grievance has been signed by the President or the designated grievance chair of the BEA. Within five (5) days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent grievant and the Association, and shall place a copy of same in the permanent file in his/her office. If, at this time, the grievance has been resolved, all records pertaining to the grievance shall be removed from any permanent files in the school's offices. If no decision is rendered within five (5) days of the discussion, or the decision is unsatisfactory to the grievant and/or and the Association, the grievant Association may appeal same to the Board of Education by filing a written grievance along with the decision of the Superintendent with the office of the Board in charge of drawing up the agenda for the Board's meeting President not less than ten five (105) days prior to the next regularly scheduled Board meeting. If it is not possible to meet this time limit due to the date of the Superintendent's decision, this time limit may be waived by mutual agreement of the Association and the Administration. If no agreement is reached to waive the time limit, the grievance will not be heard at that Board Meeting, but will definitely be heard by the Board no later than its next regularly scheduled meeting. No grievance shall be allowed beyond Level Two unless processed by the Association. The Board may hold future hearings therein, may designate one or more of its members to hold future hearings therein or otherwise investigate the grievance provided, however, that in no event except with express written consent of the Association shall final determination of the grievance be made by the Board more than ten (10) days after the initial hearing. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, ; the building principal for the building in which the grievance arose, the grievant, and the Secretary secretary of the Association.
1. If Association may submit the Association is not satisfied with the disposition grievance to arbitration before an impartial arbitrator within thirty (30) calendar days of its receipt of the grievance at Level Three, it may within ten (10) days after the decision of the Board, refer the matter for Three disposition. The arbitrator to the American Arbitrator Association, in writing, and request the appointment of an arbitration to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be selected by the American Arbitrator Arbitration Association in accordance with its rules.
2rules which shall likewise govern the arbitration proceeding. Neither party may raise a new defense the Employer nor the Association shall be permitted to assert in such arbitration proceeding any ground or ground at Level Four to rely on any evidence not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3party. The decision of the arbitrator shall be final, conclusive, and binding upon employees, the Board and the Association subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to alter, add to, or subtract from, disregard, alter or modify any of from the terms of this Agreement;
b. The arbitrator shall have no power . Both parties agree to establish salary scales or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, or rule be bound by the award of the Board nor substitute his arbitrator, and that judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they thereon may be specifically conditioned by this Agreement;
e. entered in any court of competent jurisdiction. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope fees and expenses of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of arbitrator shall be borne shared equally by the parties except each party shall assume its own cost for representation including any expense of witnessesAssociation and the Employer.
Appears in 1 contract
Sources: Professional Services
Level One. A teacher driver believing themselves wrong himself wronged by an alleged violation of the express provisions of this contract shall within seven five (75) days of after its alleged occurrence orally discuss the grievance with the building principal transportation supervisor in an attempt to resolve same. The driver shall identify the discussion as involving a grievance issue. If no resolution is obtained within three five (35) days of the discussion, the teacher driver shall reduce the grievance to writing and present proceed within five (5) days of said discussion to Level Two. A copy of the Principal, written grievance shall be filed with the signature Superintendent or his designated agent as specified in Level One with the endorsement thereon of the Association attached only to inform the Board approval or disapproval of the Association's knowledge unit. Within five (5) days of receipt of the grievance, the Superintendent or his designated agent shall arrange a meeting with the grievant and/or the designated unit representative at the option of the grievant to discuss the grievance. If no decision is rendered within four Within five (45) days of the discussion the Superintendent or his designated agent shall render his decision in writing, transmitting a copy of the decision is unsatisfactory same to the grievant, the grievant may appeal unit secretary, the transportation supervisor, and place a copy of same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent and the Associationin a permanent file in his office. If no decision is rendered within five (5) days of the discussion, or the decision is unsatisfactory to the grievant and/or and the Associationunit, the grievant may appeal same to the Board of Education by filing a written grievance along with the decision of the Superintendent superintendent with the office officer of the Board in charge of drawing up the agenda for the Board's meeting not less than ten five (105) days prior to the next regularly regular Board meeting scheduled Board meeting. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in which the grievance arose, the grievant, and the Secretary of the Association.
1. If the Association is not satisfied with the disposition of the grievance at Level Three, it may within least ten (10) days after the decision receipt of the Board, refer superintendent's answer. Upon proper application as specified in Level Three the matter Board shall allow the driver or his unit representative an opportunity to be heard at the meeting for arbitrator to which the American Arbitrator Association, in writing, and request grievance was scheduled. Within two (2) weeks from the appointment hearing of an arbitration to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be selected by the American Arbitrator Association in accordance with its rules.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3. The decision of the arbitrator shall be final, conclusive, and binding upon employees, the Board and shall render its decision in writing. The Board may hold future hearings therein, may designate one or more of its members to hold future hearings therein or otherwise investigate the grievance, provided however, that in no event except with express written consent of the Association subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement;
b. The arbitrator shall have no power to establish salary scales or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope final determination of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
7. More than one (1) grievance may not be considered made by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of arbitrator shall be borne equally by the parties except each party shall assume its own cost for representation including any expense of witnesses.Board more than two
Appears in 1 contract
Sources: Master Agreement
Level One. A teacher An employee or the Association, believing themselves wrong by an alleged there has been a violation of the express provisions of this contract Agreement, shall within seven wi thin fifteen (715) days of its the alleged occurrence violation orally discuss the grievance with the building principal hisfher immediate supervisor or designee in an attempt to resolve samethe matter. If the grievance involves more than one department, it may be filed with the Superintendent or hisfher designee. If no resolution is obtained obtained, the grievance shall be reduced to writing within three five (35) days of the Level One discussion and forwarded to Level Two. Level Two: If the grievance is not resolved at Level One, a copy of the written grievance shall be filed with the immediate supervisor or designee, within five (5) days of the discussion at Level One. Copies of the written grievance shall be given to the Local Association Representative and the Superintendent or designee. Within five (5) days after receiving the written grievance, the immediate supervisor or hisfher designee will meet with the grievant(s) and not more than two (2) Association representatives from the local Association in an effort to resolve it. Within five (5) days of the discussion, the teacher immediate supervisor or designee shall reduce render a decision in writing, transmitting a copy of the grievance to writing and present decision to the Principal, with the signature of the Association attached only to inform the Board of the Association's knowledge of the grievance. If no decision is rendered within four (4) days or the decision is unsatisfactory to the grievantgrievant(s), the grievant may appeal same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent Local Association President, and the AssociationSuperintendent. If no decision is rendered within five (5) days of the discussion, meeting or the decision is unsatisfactory to the grievant and/or grievant(s) or the Association, the grievant grievance may be appealed to Level Three. Any Level Three appeal same must be made by filing a copy of the written grievance, along with any previous responses, with the Superintendent. Any such appeal must be made within five (5) days of the Level Two meeting. Level Three: A copy of the written grievance shall be filed with the Superintendent as specified in Level Two. Within ten (10) days after receipt of the written grievance, the Superintendent or designee shall meet with the grievant(s) and not more than two (2) Association Representatives in an effort to resolve it. Within ten (10) days of the meeting, the Superintendent or designee shall render a written decision and forward copies to the grievant(s), the Local Association President and the immediate supervisor. If no decision is rendered within ten (10) days or if the decision is unsatisfactory to the Association, the grievance may be appealed to the Board of Education by filing a copy of the written grievance grievance, along with the decision of the Superintendent or designee, with the office officer of the Board in charge of drawing up the agenda for of the Board's meeting Board meetings, not less than ten (10) days prior to the next regularly scheduled Board meeting. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in which the grievance arose, the grievant, and the Secretary of the Association.
1. If the Association is not satisfied with the disposition of the grievance at Level Three, it may within ten (10) days after the decision of the Board, refer the matter for arbitrator to the American Arbitrator Association, in writing, and request the appointment of an arbitration to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be selected by the American Arbitrator Association in accordance with its rules.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3. The decision of the arbitrator shall be final, conclusive, and binding upon employees, the Board and the Association subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement;
b. The arbitrator shall have no power to establish salary scales or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of arbitrator shall be borne equally by the parties except each party shall assume its own cost for representation including any expense of witnesses.
Appears in 1 contract
Sources: Master Agreement
Level One. A teacher believing themselves wrong by an alleged An Administrator alleging a violation of the express provisions of this contract shall Agreement shall, within seven five (75) days of its alleged occurrence occurrence, orally discuss the grievance with the building principal Superintendent or designee in an attempt to resolve samethe issue. The Administrator may have ASSOCIATION representation at the meeting. If no resolution is obtained within three (3) working days of the discussion, the teacher Administrator shall reduce the grievance to writing and present proceed within five (5) working days of said discussion to the Principal, Level Two. Superintendent to be filed with the signature appropriate BOARD of Education committee with the endorsement of or the approval or disapproval of the Association attached only to inform the Board ASSOCIATION. Within five (5) working days of the Association's knowledge receipt of the grievance. If no decision is rendered within four (4) days or , the decision is unsatisfactory to BOARD of Education committee shall, through the Superintendent, arrange a meeting with the grievant and/or the designated ASSOCIATION representative, at the option of the grievant, to discuss the grievance. Within five (5) working days of the discussion, the BOARD of Education committee shall render a decision. A copy of the decision shall be forwarded to the grievant may appeal same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent and the AssociationASSOCIATION secretary. If no decision is rendered within five (5) working days of the discussion, or the decision is unsatisfactory to the grievant and/or and the AssociationASSOCIATION, the grievant may grievant, shall, within five (5) days, appeal same to the Board of Education by filing a such written grievance along with the decision of the Superintendent with the office of the Board in charge of drawing up Superintendent to be placed on the agenda for the Board's meeting not less than ten (10) days prior to the next BOARD’s regularly scheduled Board public BOARD meeting. with express written consent of the ASSOCIATION shall final determination of the grievance be made by the BOARD more than one (1) month after the initial hearing. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in which the grievance arose, the grievant, and the Secretary secretary of the AssociationASSOCIATION.
1. If the Association is not satisfied with the disposition of the grievance at Level Three, it may within ten (10) days after the decision of the Board, refer the matter for arbitrator to the American Arbitrator Association, in writing, and request the appointment of an arbitration to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be selected by the American Arbitrator Association in accordance with its rules.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3. The decision of the arbitrator shall be final, conclusive, and binding upon employees, the Board and the Association subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement;
b. The arbitrator shall have no power to establish salary scales or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of arbitrator shall be borne equally by the parties except each party shall assume its own cost for representation including any expense of witnesses.
Appears in 1 contract
Sources: Employment Agreement
Level One. A teacher believing themselves wrong by an alleged Any employee alleging a violation of the express provisions an expressed provision of this contract shall within seven five (75) days of its alleged occurrence reduce the grievance to writing and orally discuss the grievance it with the building principal his immediate supervisor in an attempt to resolve same. Within three (3) days of the discussion, the immediate supervisor shall render his/her decision in writing, transmitting a copy of same to the grievant, the Union secretary and the Superintendent. Any employee or group of employees who have a grievance may be accompanied by their ▇▇▇▇▇▇▇, if so desired. If no resolution is obtained within three (3) days of the discussion, the teacher employee shall reduce proceed within five (5) days of said discussion to Level Two. (Level Two). A copy of the written grievance to writing and present to the Principal, shall be filed with the signature Superintendent or his/her designated agent as specified in Level One. Within five (5) days of the Association attached only to inform the Board of the Association's knowledge receipt of the grievance, the Superintendent or designated agent shall arrange a meeting with the grievants and or the designated Union representative at the option of the grievant, to discuss the grievance. If no decision is rendered within four Within five (45) days of the discussion, the Superintendent or the designated agent shall render the decision is unsatisfactory in writing, transmitting a copy of the same to the grievant, the grievant may appeal Union secretary, the aggrieved employee’s immediate supervisor and place a copy of same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent and the Association. in a permanent file in his/her office. If no decision is rendered within five (5) days of the discussion, or the decision is unsatisfactory to the grievant and/or and the AssociationUnion, the grievant union may within five (5) days appeal same to the Board of Education by filing a such written grievance along with the decision of the Superintendent Superintendent, with the office officer of the Board in charge of drawing up the agenda for the Board's meeting not less than ten (10) days prior to the ’s next regularly regular scheduled Board meetingmeeting. (Level Three). Upon proper application as specified in Level Two, the Board shall allow the employee and his/her Union representative an opportunity to be heard at the meeting for which the grievance was scheduled. Within one (1) month from the hearing of the grievance, the Board shall render its decision in writing. The Board may hold future hearings therein or otherwise investigate the grievance provided, however, that in no event, except with the express written consent of the Union shall final determination of the grievance be made by the Board more than one (1) month after initial hearing. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in which the grievance aroseaggrieved employee’s immediate supervisor, the grievant, and the Secretary of the Association.Union. (Level Four). Individual employees shall not have the right to process grievance at Level Four.
1. If the Association Union is not satisfied with the disposition of the grievance at Level Three, it may within ten (10) days after the decision of the Board, Board refer the matter for arbitrator arbitration to the American Arbitrator Association, Michigan Employment Relations Commission in writing, and request the appointment of an arbitration arbitrator to hear the grievance. A copy of this petition shall be submitted to the Employer on the date it is referred to the Michigan Employment Relations Commission. If the parties cannot agree upon an arbitrator, he/she shall be selected by the American Arbitrator Association in accordance with its rules.the rules of the Michigan Employment Relations Commission, except each party shall have the right to preemptively strike not more than three from the list of arbitrators.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing a pre-hearing prehearing statement alleging the facts, grounds and defenses defense which will be proven at the hearing and hold a conference at that the time in an attempt to settle the grievance.grievance.
3. The decision of the arbitrator shall be final, conclusive, final and conclusive and binding upon employees, the Board Board, and the Association subject Union. Subject to the right of the Board or the Association Union to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect.effect.
4. Powers of the arbitrator are subject to the following limitations:limitations:
a. The arbitrator (a.) He/she shall not have no the power to add to, subtract or detract from, disregard, alter alter, or modify any of the terms of this Agreement;agreement.
b. The arbitrator (b.) He/she shall have not have the power to change any practice, policy or rule of the Board nor substitute his/her judgment for that of the Board as to reasonableness of any such practice, policy, rule or any action taken by the Board.
(c.) He/she shall have no power to establish salary scales or to change any salary;.
c. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;
d. The arbitrator (d.) He/she shall have no power to decide any question questions which, under this Agreement, Agreement is within the responsibility of the management to decide. In rendering decisionsdecision, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities responsibilities, except as they may be specifically conditioned by this Agreement;.
e. The arbitrator (e.) He/she shall have no power to interpret state or federal law;.
f. The arbitrator (f.) He/she shall not hear any grievance previously barred from the scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. (g.) If either party disputes the arbitrability of any grievance under the terms of this agreementAgreement, the arbitrator shall not have the jurisdiction to determine act until the arbitrability matter has been determined by a court of competent jurisdiction. In the grievance. The arbitrator shall have authority event that a case is appealed to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that son which he/he is without jurisdiction she has no power to rule, the matter it shall be referred back to the parties without decision or recommendation on the merits.
7. its merits. (h.) More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8(i.) Where no wage loss has been caused by the action of the Board complained of, the Board shall be under no obligation to make monetary adjustments and the arbitrator shall have no power to order one.
5. The cost of arbitrator arbitration shall be borne equally by the parties except each party shall assume its own cost for representation including any expense of witnesses.witnesses.
6. Should an employee fail to institute a grievance within the time limits specified the grievance will not be processed. Should an employee fail to appeal a decision within the time limits specified, or leave the employ of the Board, (except a claim involving a remedy directly benefitting the grievant regardless of his/her employment), all further proceeding on a previously instituted grievance shall be barred.
7. Arbitration awards or grievance settlement will not be made retroactive beyond the date of the occurrence or non-occurrence of the event upon which the grievance is based. In no event, however, shall settlement be earlier than thirty (30) days prior to the date on which the grievance is filed.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Level One. A teacher believing themselves wrong by an alleged violation of the express provisions of this contract shall within seven (7) days of its alleged occurrence orally discuss the grievance with the building principal in an attempt to resolve same. If no resolution is obtained within three (3) days of the discussion, the teacher shall reduce the grievance to writing and present to the Principal, with the signature of the Association attached only to inform the Board of the Association's knowledge of the grievance. If no decision is rendered within four (4) days or the decision is unsatisfactory to the grievant, the grievant may appeal same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent and the Association. If no decision is rendered within five (5) days of the discussion, or the decision is unsatisfactory to the grievant and/or the Association, the grievant may appeal same to the Board of Education by filing a written grievance along with the decision of the Superintendent with the office of the Board in charge of drawing up the agenda for the Board's meeting not less than ten (10) days prior to the next regularly scheduled Board meeting.
(1) month after the initial hearing. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in which the grievance arose, the grievant, and the Secretary of the Association.
1. If the Association is not satisfied with the disposition of the grievance at Level Three, it may within ten (10) days after the decision of the Board, refer the matter for arbitrator to the American Arbitrator Association, in writing, and request the appointment of an arbitration to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be selected by the American Arbitrator Association in accordance with its rules.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing a pre-hearing prehearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3. The decision of the arbitrator shall be final, conclusive, and binding upon employees, the Board and the Association subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement;Agreement;
b. The arbitrator shall have no power to establish salary scales or to change any salary;salary;
c. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;Agreement;
e. The arbitrator shall have no power to interpret state or federal law;law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of arbitrator shall be borne equally by the parties except each party shall assume its own cost for representation including any expense of witnesses.
Appears in 1 contract
Sources: Master Agreement
Level One. A teacher believing themselves wrong by an alleged violation of The Association member wishing to file a grievance shall first discuss the express provisions of this contract matter with his/her Association. If the Association concurs that a grievance exists, the grievance will be put in writing and shall be delivered to the Deputy Superintendent who shall schedule a Level One meeting to be held within seven five (75) days of its alleged occurrence orally discuss receipt of said grievance. Participants in this meeting may include the grievance with the building principal in an attempt to resolve same. If no resolution is obtained within three (3) days of the discussionAssociation representative, the teacher grievant, and the Deputy Superintendent. The Deputy Superintendent shall reduce the grievance to make his/her decision known in writing and present to the Principal, with the signature of the Association attached only to inform the Board of the Association's knowledge of the grievance. If no decision is rendered within four (4) days or the decision is unsatisfactory to the grievant, the grievant may appeal same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent Association, and the Association. If no decision is rendered Superintendent, within five (5) days of the discussionLevel One meeting. In the event a solution to the grievance has not been satisfactorily achieved at Level One the grievant may forward the grievance, within five (5) days of receipt of the Level One decision, to the Superintendent. The Superintendent shall schedule a Level Two meeting within five (5) days of receipt of the grievance from Level One. Participants in this meeting may include the Superintendent, other central office administrators, Board of Education members, and a committee appointed by the Association. The Superintendent or the Association may also request the presence of the individual grievant at Level Two. The Superintendent shall make his/her decision is unsatisfactory known in writing to the grievant and/or and the Association, Association within five (5) days of the grievant Level Two meeting. The Level Three arbitration procedure is meant to be used for deciding disputes between the parties in the specific application or interpretation of items covered in this contract. Grievance dealing with any other subjects may appeal same not be submitted to arbitration. Either the Association or the District may request arbitration of an unsettled grievance as defined above after Level Two. Such a request will be made by submitting to the Board of Education by filing other party a written statement detailing the dispute at issue. The rights of either party to demand arbitration over an unadjusted grievance along with the decision is limited to a period of the Superintendent with the office of the Board in charge of drawing up the agenda for the Board's meeting not less than ten (10) calendar days prior regarding the final action taken on such grievance by the Superintendent at Level Two in the grievance procedure. The parties will attempt to the next regularly scheduled Board meetingselect an arbitrator by mutual agreement. A copy of the written decision of the Board The arbitrator shall be forwarded to the Superintendent for permanent filingan experienced, the building principal for the building in which the grievance arose, the grievantimpartial, and disinterested person of recognized competence in the Secretary field of the Association.
1education or law. If the Association is not satisfied with the disposition of the grievance at Level Three, it may parties are unable to agree on an arbitrator within ten (10) days after receipt of notice requesting arbitration the decision of the Board, refer the matter for arbitrator to the American Arbitrator Association, in writing, and request the appointment of an arbitration to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be selected by the American Arbitrator Arbitration Association in accordance with its rules.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3. The decision of the arbitrator shall be final, conclusive, and binding upon employees, the Board and the Association subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement;
b. The arbitrator shall have no power to establish salary scales or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of arbitrator shall be borne equally by the parties except each party shall assume its own cost for representation including any expense of witnesses.
Appears in 1 contract
Sources: Master Agreement
Level One. A teacher believing themselves wrong by an alleged An administrator alleging a violation of the express provisions of this contract shall within seven five (75) days of its alleged occurrence orally discuss the grievance with the building principal Superintendent in an attempt to resolve same. If no resolution is obtained within with three (3) days of the discussion, the teacher principal shall reduce the grievance to writing and present proceed with five (5) days of said discussion to Level Two. If no discussion is requested within the Principalfive days, the grievance shall not be processed. Level Two – A copy of the written grievance shall be filed with the signature Superintendent as specified in Level One with the endorsement thereon of the Association attached only to inform the Board approval or disapproval of the Association's knowledge association. Within five (5) days of receipt of the grievance, the Superintendent shall arrange a meeting with the grievant and/or the designated Association representative, at the option of the grievant, to discuss the grievance. If no decision is rendered within four Within five (45) days or of the discussion, the Superintendent shall render his/her decision is unsatisfactory in writing, transmitting a copy of the same to the grievant, the grievant may appeal Association, and place a copy of same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent and the Associationin a permanent file in his/her office. If no decision is rendered within five (5) days of the discussion, or the decision is unsatisfactory to the grievant and/or and the Association, the grievant may shall within five (5) days appeal same to the Labor Management Committee of the Board of Education by filing a such written grievance grievance, along with the decision of the Superintendent Superintendent, with the office officer of the Board in charge of drawing up the agenda for the Board's meeting not less than ten (10) days prior to the ’s next regularly scheduled Board meeting. Level Three – Upon proper application as specified in Level Two, the Board shall allow the principal or his/her Association representative an opportunity to be heard at the meeting for which the grievance was scheduled. Within one (1) month of the hearing of the grievance, the Board shall render its decision in writing. The Board may hold future hearings therein or otherwise investigate the grievance provided, however, that in no event, except with express written consent of the Association, shall the final determination of the grievance be made by the Board more than one month after the initial hearing. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for Administrator who filed the building in which the grievance arose, the grievantgrievance, and the Secretary of the Association.
1. If the Association is not satisfied with the disposition of the grievance at Level Three, it may within ten (10) days after the decision of the Board, refer the matter for arbitrator to the American Arbitrator Association, in writing, and request the appointment of an arbitration to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be selected by the American Arbitrator Association in accordance with its rules.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3. The decision of the arbitrator shall be final, conclusive, and binding upon employees, the Board and the Association subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement;
b. The arbitrator shall have no power to establish salary scales or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of arbitrator shall be borne equally by the parties except each party shall assume its own cost for representation including any expense of witnesses.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Level One. A teacher believing themselves wrong by an alleged An administrator alleging a violation of the express provisions of this contract shall within seven five (75) days of its alleged occurrence orally discuss the grievance with the building principal Superintendent in an attempt to resolve samethe issue. If no resolution is obtained within three (3) days of the discussion, the teacher shall administrator may reduce the grievance to writing and present proceed within five (5) days of said discussion to Level Two. Level Two - A copy of the Principal, written grievance shall be filed with the signature Superintendent or his/her designated agent as specified in Level One with the endorsement thereon of the Association attached only to inform the Board approval or disapproval of the Association's knowledge . Within five (5) days of receipt of the grievance, the Superintendent or his designated agent may arrange a meeting with the grievant and/or the designated Association representative, to discuss the grievance. If no decision is rendered within four Within five (45) days of the discussion, the Superintendent or the his/her designated agent may render his/her decision is unsatisfactory in writing, transmitting a copy of same to the grievant, the grievant may appeal Association, and place a copy of same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent and the Associationin a permanent file in his/her office. If no decision is rendered within five (5) days of the discussion, or the decision is unsatisfactory to the grievant and/or and the Association, the grievant may within five (5) days appeal same to the Board of Education by filing a such written grievance grievance, along with the decision of the Superintendent Superintendent, with the office of the Board in charge of drawing up to be included on the agenda for the Board's meeting not less than ten (10) days prior to the next regularly scheduled meeting. Level Three - Upon proper application as specified in Level Two, the Board meetingshall allow the administrator or his/her Association representative an opportunity to be heard at the meeting for which the grievance was scheduled. Within one (1) month from the hearing of the grievance, the Board shall render its decision in writing. The Board may hold future hearings therein or otherwise investigate the grievance provided, however, that in no event, except with express written consent of the Association, shall final determination of the grievance be made by the Board more than one month after the initial hearing. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for administrator who filed the building in which the grievance arose, the grievantgrievance, and the Secretary of Association. Level Four - Individual administrators shall not have the Association.
1right to process a grievance at Level Four. If In the event the Association is not satisfied with the disposition of the grievance at Level Three, it may the Association must provide written notice of intent to submit a grievance to arbitration within ten fifteen (1015) days after the decision receipt of the Boarddecision in Level Three. After receipt of a notice of intent to arbitrate, refer the matter for arbitrator parties shall meet in an attempt to the American Arbitrator Association, in writing, and request the appointment of agree on an arbitration to hear the grievancearbitrator. If the parties cannot are unable to mutually agree upon on an arbitrator, he/she shall then the Association may submit the matter to the Michigan Employment Relations Commission requesting that an arbitrator be selected by the American Arbitrator Association in accordance with its their assistance and under their rules.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit The submission to the other party not less Michigan Employment Relations Commission (MERC) must be made no later than three thirty (330) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3. The decision after receipt of the arbitrator shall be final, conclusive, and binding upon employees, the Board and the Association subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect.
4in Level Three. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to add toamend, subtract fromalter, disregard, alter or modify this Agreement or any supplementary Agreement. The award of the terms of arbitrator shall be based exclusively on evidence presented at the arbitration hearing and the award shall not be based on other extra contract matters not specifically incorporated in this Agreement;
b. . There shall be no appeal from the arbitrator's decision. It shall be final and binding on the Association, the Board, and on all parties. The arbitrator shall have no power to establish salary scales schedules or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, set or rule alter hourly rates. No decision of the Board nor substitute his judgment for that arbitrator in any one case shall require retroactive adjustment in any other case. The expense of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of arbitrator arbitration proceedings shall be borne equally by the parties except each parties. Each party shall assume its own cost make arrangements for representation including and pay the expenses of witnesses which are called by them. Representatives of the Association who are called as witnesses by the Employer shall not suffer any expense loss in their regular wages. The arbitrator shall not be empowered to rule on any matter which has been made subject to review by applicable Federal, State, or Civil regulatory procedures. The non-renewal of witnessesan administrator's contract shall not be subject to the grievance procedure and an arbitrator shall have no authority to address a dispute involving the nonrenewal of an administrator's contract.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Level One. A teacher believing themselves wrong by an alleged An Administrator alleging a violation of the express provisions of this contract shall shall, within seven five (75) days of its alleged occurrence occurrence, orally discuss the grievance with the building principal an Assistant Superintendent or his/her designee in an attempt to resolve same. If no resolution is obtained An Assistant Superintendent, or his/her designee, will respond, in writing, within three (3) days of the discussion. If the Administrator does not agree with the written response, the teacher he/she shall reduce the grievance to writing and present proceed, within five (5) days, to Level Two. A copy of the Principal, written grievance shall be filed with the signature Assistant Superintendent for Human Resources and Transportation with the endorsement thereon of the Association attached only to inform the Board approval or disapproval of the Association's knowledge Union. Within five (5) days of receipt of the grievance. If no decision is rendered within four (4) days or , the decision is unsatisfactory to Assistant Superintendent for Human Resources and Transportation shall arrange a meeting with the grievant and/or his designated Union representative, at the option of the grievant, to discuss the grievant may appeal grievance. Within five (5) days of the discussion, Assistant Superintendent for Human Resources and Transportation shall render his decision, in writing, transmitting a copy of the same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent grievant and the AssociationUnion. If no decision is rendered within five (5) days of the discussiondays, or the decision is unsatisfactory to the grievant and/or or the AssociationUnion, the grievant or the Union may appeal same to the Board of Education Superintendent by filing a written grievance along with grievance. The Superintendent shall schedule a meeting to hear the decision of matter not more than thirty (30) days from the appeal. Upon proper application as specified in Level Two, the Superintendent with shall allow the office of Administrator or the Board in charge of drawing up the agenda Union an opportunity for the Board's meeting not less than a meeting. Within ten (10) days prior to the next regularly scheduled Board meeting. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in which the grievance arose, the grievant, and the Secretary of the Association.
1. If the Association is not satisfied with the disposition of the grievance at Level Three, it may within ten (10) days after the decision of the Board, refer the matter for arbitrator to the American Arbitrator Association, in writing, and request the appointment of an arbitration to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be selected by the American Arbitrator Association in accordance with its rules.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to from the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3. The decision of the arbitrator shall be final, conclusive, and binding upon employees, the Board and the Association subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement;
b. The arbitrator shall have no power to establish salary scales or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter Superintendent shall be referred back to the parties without render her decision or recommendation on the meritsin writing.
7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of arbitrator shall be borne equally by the parties except each party shall assume its own cost for representation including any expense of witnesses.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Level One. A teacher believing themselves wrong by an alleged grievant and/or his Association representative alleging a violation of the express provisions of this contract shall within seven ten (710) working days of its alleged when the employee knew or should have known of the occurrence orally discuss the grievance with the building principal immediate supervisor or his designee in an attempt to resolve same. If no resolution is obtained within three (3) days of the discussion, the teacher grievant shall reduce the grievance to writing and present submit it to the Principal, with the signature of the Association attached only to inform the Board of the Association's knowledge of the grievanceSupervisor for his written response. If no decision resolution is rendered obtained within four eight (4) 8) days or of the decision is unsatisfactory to the grievantdiscussion, the grievant grievance may appeal same to the Superintendent be filed at Level Two. Level One may Two - A copy of the written grievance shall be bypassed if mutually agreed upon by filed with the Superintendent or his designated agent. The Superintendent or the designated agent shall sign and date the Associationgrievance. If no decision is rendered within Within five (5) days of receipt of the grievance, the Superintendent or his designated agent shall meet with the grievant and/or the designated Association representative, at the option of the grievant, to discuss the grievance. Within five (5) days of the discussion, the Superintendent or his designated agent shall render his decision in writing, transmitting a copy of the decision is unsatisfactory to the grievant and/or the Association, the grievant may appeal same to the Board of Education by filing a written grievance along with the decision of the Superintendent with the office of the Board in charge of drawing up the agenda for the Board's meeting not less than ten (10) days prior to the next regularly scheduled Board meeting. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filinggrievant, the building principal for Association Secretary, the building in employee's immediate Supervisor in/on which the grievance arose, the grievant, and the Secretary place a copy of the Association.
1same in a permanent file in his office. Level Three - If the Association is not satisfied with the disposition of the grievance at Level ThreeTwo or if no answer has been received by the due date, it the Association may submit the grievance to binding arbitration before an impartial arbitrator by filing a demand for arbitration with the Employer within ten twenty (1020) work days after the decision of the Board, refer Level Two disposition or the matter deadline for the disposition. The arbitrator to the American Arbitrator Association, in writing, and request the appointment of an arbitration to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be selected by through lists of resident Michigan arbitrators obtained from the American Arbitrator Federal Mediation and Conciliation Service. The Employer and the Association shall not be permitted to assert in accordance with its rules.
2. Neither party may raise a new defense such arbitration proceeding any ground, or ground at Level Four to rely on any evidence, not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3party. The arbitrator shall have no authority to alter, ignore, modify, add to, or subtract from the terms of this Agreement. The arbitrator shall have no authority to make a decision in any case of discharge or discipline of a probationary employee. The arbitrator shall have no authority to make a decision in any matter based upon an interpretation of any statutory law for which there is an administrative agency created by state or federal statute which has jurisdiction to determine the legal rights of the grievant. Both parties agree to be bound by the award of the arbitrator made within the scope of authority. The fees and expenses of the arbitrator shall be final, conclusive, paid as follows: ▪If the grievance is sustained and binding upon employeesthe remedy sought by the Association is awarded in full, the Board Employer shall pay the fees and expenses in full. ▪If the grievance is denied in full, the Association subject to shall pay the right of fees and expenses in full. ▪If the Board grievance is neither sustained in full, or denied in full, the Association to judicial review, any lawful decision fees and expenses of the arbitrator shall be forthwith placed into effect.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement;
b. The arbitrator shall have no power to establish salary scales or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Board shared on a percentage basis as to the reasonableness of any such practice, policy, rule, or any action taken determined by the Board;
d. The arbitrator arbitrator. Employees who are necessary participants in an arbitration hearing as an Association representative or witness in the proceedings shall have no power be released from duty without loss of pay for the time necessary to decide any question whichrepresent or testify as the case may be, under this Agreement, provided the hearing is within held on the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6employer's premises. If either party disputes the arbitrability of any grievance under hearing is not held on the terms of this agreementemployer's premises, employees may use personal business leave or the arbitrator shall have Association may reimburse the jurisdiction employer for necessary substitute costs, unless the employer initiates the request for the hearing to determine the arbitrability of the grievancebe held away from its premises. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter An attempt shall be referred back made to the parties without decision schedule arbitration and attendance of employees at times which will avoid or recommendation on the meritsminimize release from work.
7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of arbitrator shall be borne equally by the parties except each party shall assume its own cost for representation including any expense of witnesses.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Level One. A teacher believing themselves wrong to have been wronged by an alleged violation of the express provisions of this contract Agreement shall within seven twenty (720) days of its alleged occurrence orally discuss present the grievance with in writing to the building principal Principal in an attempt to resolve same. If the grievance occurs in the last ten (10) days of the school year, the initial filing of the grievance is tolled until the commencement of the following school year but may be filed immediately. The grievant must be accompanied by the Association representative. If no resolution is obtained within three ten (310) days of its presentation, the grievance will proceed to Professional Governance Council as set forth in Article 17 A. LEVEL TWO - A copy of the written grievance shall be filed with the Superintendent or designee as specified in Level One with the endorsement thereon of the position of the Association. Within ten (10) days of receipt of the grievance, the Superintendent or designee shall arrange a meeting with the grievant to discuss the grievance. Within ten (10) days of the discussion, the teacher Superintendent or designee shall reduce render a decision in writing, transmitting a copy of the same to the grievant, the Association President, the building Principal in which the grievance to writing arose, and present to the Principal, with the signature place a copy of the Association attached only to inform the Board of the Association's knowledge of the grievancesame in a permanent file. If no decision is rendered within four ten (4) days or the decision is unsatisfactory to the grievant, the grievant may appeal same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent and the Association. If no decision is rendered within five (510) days of the discussion, or the decision is unsatisfactory to the grievant and/or and the Association, the grievant Association may appeal the same to the Board of Education by filing a written grievance along with the decision of the Superintendent with the office officer of the Board in charge of drawing up setting the agenda for the Board's Grievance Committee meeting not less than ten (10) days prior to before the next regularly regularly-scheduled Board meeting. LEVEL THREE - Upon proper application as specified in Level Two, the Board shall allow the teacher and/or Association representative an opportunity to be heard at a scheduled meeting of the Board’s Grievance Committee, which shall be comprised of three (3) Board members, one chosen by the Administration, one chosen by the Association, and one drawn by lottery. Said Committee meeting shall be held within ten (10) days of the filing of the Level Three grievance unless both parties agree otherwise. Within ten (10) days from the hearing of the grievance, the Board Committee shall render its decision in writing. The Board may hold future hearings therein, may designate one (1) or more of its members to hold future hearings or otherwise investigate the grievance; provided however, that in no event except with express written consent of the Association shall final determination of the grievance be made by the Board more than ten (10) days after the initial hearing. A copy of the written decision of the Board Grievance Committee shall be forwarded to the Superintendent for permanent filing, the building principal Principal for the building in which the grievance arose, the grievant, and the Secretary of the Association.
1Association President. If the Association is not satisfied with the disposition of the grievance at Level Threeby the Board Grievance Committee, it or if no disposition has been made, the grievance may be submitted to arbitration before an impartial arbitrator within ten forty (1040) days after of the decision of rendered by the Board, refer the matter for arbitrator to the American Arbitrator Association, in writing, and request the appointment of an arbitration to hear the grievanceBoard Grievance Committee. If the parties cannot agree upon an arbitratoras to the arbitrator within five (5) days from the notification date that arbitration will be pursued, he/she shall be selected by the American Arbitrator Arbitration Association in accordance with its rulesrules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the term of this Agreement. Further, the arbitrator shall have no power to issue a decision on the merits of a grievance involving a prohibited or illegal bargaining subject under the Public Employment Relations Act. Both parties agree to be bound by the award of the arbitrator, which shall comply with the Michigan Uniform Arbitration Act, MCL 691.1681 et seq.
1. Individual teachers shall not have the right to process a grievance at Level Four.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party party, not less than three (3) days prior to before the hearing hearing, a pre-hearing statement alleging facts, grounds grounds, and defenses which will be proven presented at the hearing and hold a conference at that time in an attempt to settle the grievance.
3. The decision of the arbitrator shall be final, conclusive, and binding upon employees, the Board and the Association subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement;
b. The arbitrator shall have no power to establish salary scales or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to himthe arbitrator, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
74. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
85. The cost of the arbitrator shall be borne born equally by the parties except each party shall assume its own cost for representation including any expense of witnesseswitness.
Appears in 1 contract
Sources: Master Agreement
Level One. A teacher believing themselves wrong by an alleged An administrator alleging a violation of the express provisions of this contract shall within seven five (75) days of its alleged occurrence orally discuss the grievance with the building principal Superintendent in an attempt to resolve same. If no resolution is obtained within three (3) days of the discussion, the teacher administrator shall reduce the grievance to writing and present proceed within five (5) days of said discussion to Level Two. Level Two - A copy of the Principal, written grievance shall be filed with the signature Superintendent or his/her designated agent as specified in Level One with the endorsement thereon of the Association attached only to inform the Board approval or disapproval of the Association's knowledge . Within five (5) days of receipt of the grievance, the Superintendent or his designated agent shall arrange a meeting with the grievant and/or the designated Association representative, at the option of the grievant, to discuss the grievance. If no decision is rendered within four Within five (45) days of the discussion, the Superintendent or the his/her designated agent shall render his/her decision is unsatisfactory in writing, transmitting a copy of same to the grievant, the grievant may appeal Association, and place a copy of same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent and the Associationin a permanent file in his/her office. If no decision is rendered within five (5) days of the discussion, or the decision is unsatisfactory to the grievant and/or and the Association, the grievant may shall within five (5) days appeal same to the Board of Education by filing a such written grievance grievance, along with the decision of the Superintendent Superintendent, with the office of the Board in charge of drawing up the agenda for the Board's meeting not less than ten (10) days prior to the next regularly scheduled Board meeting. Level Three - Upon proper application as specified in Level Two, the Board shall allow the administrator or his/her Association representative an opportunity to be heard at the meeting for which the grievance was scheduled. Within one (1) month from the hearing of the grievance, the Board shall render its decision in writing. The Board may hold future hearings therein or otherwise investigate the grievance provided, however, that in no event, except with express written consent of the Association, shall final determination of the grievance be made by the Board more than one month after the initial hearing. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for administrator who filed the building in which the grievance arose, the grievantgrievance, and the Secretary of Association. Level Four - Individual administrators shall not have the Association.
1right to process a grievance at Level Four. If In the event the Association is not satisfied with the disposition of the grievance at Level Three, it may the Association must provide written notice of intent to submit a grievance to arbitration within ten fifteen (1015) days after the decision receipt of the Boarddecision in Level Three. After receipt of a notice of intent to arbitrate, refer the matter for arbitrator parties shall meet in an attempt to the American Arbitrator Association, in writing, and request the appointment of agree on an arbitration to hear the grievancearbitrator. If the parties cannot are unable to mutually agree upon on an arbitrator, he/she shall then the Association may submit the matter to the Michigan Employment Relations Commission requesting that an arbitrator be selected by the American Arbitrator Association in accordance with its their assistance and under their rules.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit The submission to the other party not less Michigan Employment Relations Commission (MERC) must be made no later than three thirty (330) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3. The decision after receipt of the arbitrator shall be final, conclusive, and binding upon employees, the Board and the Association subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect.
4in Level Three. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to add toamend, subtract fromalter, disregard, alter or modify this Agreement or any supplementary Agreement. The award of the terms of arbitrator shall be based exclusively on evidence presented at the arbitration hearing and the award shall not be based on other extra contract matters not specifically incorporated in this Agreement;
b. . There shall be no appeal from the arbitrator's decision. It shall be final and binding on the Association, the Board, and on all parties. The arbitrator shall have no power to establish salary scales schedules or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, set or rule alter hourly rates. No decision of the Board nor substitute his judgment for that arbitrator in any one case shall require retroactive adjustment in any other case. The expense of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of arbitrator arbitration proceedings shall be borne equally by the parties except each parties. Each party shall assume its own cost make arrangements for representation including and pay the expenses of witnesses which are called by them. Representatives of the Association who are called as witnesses by the Employer shall not suffer any expense loss in their regular wages. The arbitrator shall not be empowered to rule on any matter which has been made subject to review by applicable Federal, State, or Civil regulatory procedures. The non-renewal of witnessesan administrator's contract shall not be subject to the grievance procedure and an arbitrator shall have no authority to address a dispute involving the non- renewal of an administrator's contract.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Level One. A teacher believing themselves wrong by an alleged violation of the express provisions of this contract The administrator with a grievance shall within seven (7) days of its alleged occurrence orally first discuss the grievance matter with his/her supervisor alone or with his/her representative present, with the building principal in an attempt to resolve sameobjective of resolving the matter informally. If no resolution is obtained The supervisor shall make his her decision known within three (3) days following said conference. Any grievance not filed within five days following its occurrence or within five days of the discussiondate grievant becomes aware or should have been aware of the administrative action, shall be considered automatically closed. Level Two: In the event the grievance is not satisfactorily resolved at Level One within three (3) days, the teacher grievance shall reduce be reduced to writing, signed by the grievance to writing aggrieved and present to the Principal, filed with the signature Director of the Association attached only to inform the Board of the Association's knowledge of the grievance. If no decision is rendered within four (4) days or the decision is unsatisfactory to the grievantPersonnel, the grievant may appeal same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent and the Association. If no decision is rendered who shall give a written disposition within five (5) days of receipt of the discussiongrievance. Level Three: In the event the grievance is not satisfactorily settled in Level Two, or the decision is unsatisfactory it may be presented to the grievant and/or Superintendent of Schools within five (5) days of receipt of the answer in Level Two. The Superintendent may designate three (3) persons, who may include himself/herself, to represent the Central Administration. The Chairman of the Association Grievance Committee shall designate three (3) persons, who may include himself/herself, to represent the Association. Within five (5) days after receipt of the written grievance by the Superintendent, these two representative groups shall meet outside of school hours to consider the problem and to arrive at a solution of the grievance. Outside counsel or representatives may be invited to be present by either party with no less than two days prior notice to be given. In the event that, in the judgment of the Grievance Committee, a grievance affects a group or class of administrators, the grievant grievance may appeal same be submitted in writing to the Board of Education Superintendent, bypassing levels one and two. Level Four: If the grievance is not satisfactorily resolved by filing a written grievance along with the decision of Superintendent, the Superintendent with the office of the Board in charge of drawing up the agenda for the Board's meeting not less than Association may, within ten (10) days prior days, refer the grievance to the next regularly scheduled Board. The Board meetingshall schedule a meeting on the grievance. A copy of the written decision of the Board meeting shall be forwarded to the Superintendent for permanent filing, the building principal for the building in which the grievance arose, the grievantheld within thirty (30) calendar days, and the Secretary of the Association.
1. If the Association is not satisfied with the disposition of the grievance at Level Three, it may decision shall be reached within ten (10) days after the decision of the Board, refer the matter for arbitrator to the American Arbitrator Association, in writing, and request the appointment of an arbitration to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be selected by the American Arbitrator Association in accordance with its rulesmeeting.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3. The decision of the arbitrator shall be final, conclusive, and binding upon employees, the Board and the Association subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement;
b. The arbitrator shall have no power to establish salary scales or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of arbitrator shall be borne equally by the parties except each party shall assume its own cost for representation including any expense of witnesses.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Level One. A teacher believing themselves wrong by an alleged violation of the express provisions of this contract shall within seven (7) days of its alleged occurrence orally discuss the grievance with the building principal in an attempt to resolve same. If no resolution is obtained within three (3) days of the discussion, the teacher shall reduce the grievance to writing and present to the Principal, with the signature of the Association attached only to inform the Board of the Association's knowledge of the grievance. If no decision is rendered within four (4) days or the decision is unsatisfactory to the grievant, the grievant may appeal same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent and the Association. If no decision is rendered within five (5) days of the discussion, or the decision is unsatisfactory to the grievant and/or the Association, the grievant may appeal same to the Board of Education by filing a written grievance along with the decision of the Superintendent with the office of the Board in charge of drawing up the agenda for the Board's meeting not less than ten (10) days prior to the next regularly scheduled Board meeting. the grievance was scheduled. Within one (1) month from the hearing of the grievance the Board shall render its decision in writing. The Board may hold future hearings herein, may designate one (1) or more of its members to hold future hearings therein or otherwise investigate the grievance; provided, however, that in no event with express written consent of the Association shall final determination of the grievance be made by the Board more than one (1) month after the initial hearing. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in which the grievance arose, the grievant, and the Secretary of the Association.
1. If the Association is not satisfied with the disposition of the grievance at Level Three, it may within ten (10) days after the decision of the Board, refer the matter for arbitrator to the American Arbitrator Association, in writing, and request the appointment of an arbitration to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be selected by the American Arbitrator Association in accordance with its rules.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3. The decision of the arbitrator shall be final, conclusive, and binding upon employees, the Board and the Association subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement;
b. The arbitrator shall have no power to establish salary scales or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of arbitrator shall be borne equally by the parties except each party shall assume its own cost for representation including any expense of witnesses.
Appears in 1 contract
Sources: Master Agreement
Level One. A teacher believing themselves wrong by an alleged alleging a violation of the express provisions of this contract shall within seven ten (710) days of its alleged occurrence or within ten (10) days after the teacher or group of teachers has knowledge thereof orally discuss the grievance with the building principal in an attempt to resolve same. If no resolution is obtained within three ten (310) days of the discussionoral discussion with the building principal, the teacher shall reduce the grievance to writing and present proceed within ten (10) days of said discussion to Level Two. A copy of the Principal, written grievance shall be filed with the signature Building Principal or his designated agent as specified in Level One with the endorsement thereon of the Association attached only to inform the Board approval or disapproval of the Association's knowledge association. Within ten (10) days of receipt of the grievance, the Building Principal or his designated agent shall arrange a meeting with the grievant and/or the designated association representative, at the option of the grievant to discuss the grievance. Within ten (10) days of the discussion, the Building Principal or his designated agent shall render his decision in writing, transmitting a copy of the same to the grievant and the association secretary. If no decision is rendered within four ten (4) days or the decision is unsatisfactory to the grievant, the grievant may appeal same to the Superintendent at Level Two. Level One may be bypassed if mutually agreed upon by the Superintendent and the Association. If no decision is rendered within five (510) days of the discussion, or the decision is unsatisfactory to the grievant and/or and the Association, the grievant may shall within ten (10) days appeal same to the Superintendent by filing such written grievance with the Superintendent along with the decision of the Building Principal, if available. If no decision by the Superintendent is made available to the grievant within ten (10) days, or the decision is unsatisfactory to the grievant and the Association, the grievant shall within ten (10) days appeal same to the Board of Education by filing a such written grievance along with the decision of the Superintendent with the office officer of the Board in charge of drawing up the agenda for the Board's meeting not less than ten (10) days prior to the next regularly scheduled board meeting along with the decision of the Superintendent, if available. Upon proper application as specified in Level Two, the Board meetingshall allow the teacher or his association representative an opportunity to be heard at the meeting for which the grievance was scheduled. Within one (1) month from the hearing of the grievance, the Board shall render its decision in writing. The Board may hold future hearings thereon or otherwise investigate the grievance provided, however, that in no event except with express written consent of the Association, shall final determination of the grievance be made by the Board more than one (1) month after the initial hearing. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal Building Principal for the building in which the grievance arose, the grievant, and the Secretary of the Association.
1. If the Association is not satisfied with the disposition of the grievance at Level Three, it may within ten (10) days after the decision of the Board, refer the matter Board file a demand for arbitrator to arbitration with the American Arbitrator Arbitration Association, in writing, and request the appointment of an arbitration to hear the grievance. If the parties cannot agree upon an arbitrator, he/she The arbitrator shall be selected by the American Arbitrator Association in accordance with its rulesthe rules of the American Arbitration Association. This Section shall not be construed to preclude the Board and Association from mutually selecting an arbitrator within the aforementioned ten (10) day period.
2. Neither party may raise a new defense or ground at Level Four Five not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3. The decision of the arbitrator shall be final, conclusive, final and conclusive and binding upon employees, the Board and the Association subject Association. Subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effect.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator He shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement;agreement.
b. The arbitrator He shall have no power to establish salary scales or to change any salary;.
c. The arbitrator He shall have no power to change any practice, policy, policy or rule rules of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, rule or any action taken by the Board;. This exclusion shall not bar the arbitrator from determining if such practice, policy, rule or action has resulted in a violation of the Agreement.
d. The arbitrator He shall have no power to decide any question which, under this Agreementagreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities responsibilities, except as they may be specifically conditioned by this Agreement;agreement.
e. The arbitrator He shall have no power to interpret state or federal law;.
f. The arbitrator He shall not hear any grievance previously barred from the scope of the grievance procedureGrievance Procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the g. No arbitrator shall have the power or authority and no jurisdiction over matters within the exclusive jurisdiction of Courts and/or State and Federal agencies. In the event that a case is appealed to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/on which he is without jurisdiction has no power to rule, the matter it shall be referred back to the parties without decision or recommendation on the its merits.
7. h. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost i. Where no wage loss has been caused by the action of the Board complained of, the Board shall be under no obligation to make monetary adjustments and the arbitrator shall have no power to order one.
j. Arbitration awards or grievance settlements will not be borne equally by made retroactive beyond the parties except each party date of the occurrence or non-occurrence of the event upon which the grievance is based. In no event, however, shall assume its own cost for representation including any expense the settlement be earlier than thirty (30) days prior to the date on which the grievance is filed unless a monetary issue is the result of witnessesthe settlement. In no event shall an award or settlement be retroactive earlier than September 1, 1981.
Appears in 1 contract
Sources: Master Contract
Level One. A teacher believing themselves wrong by an alleged grievant and/or his Association representative alleging a violation of the express provisions of this contract shall within seven ten (710) working days of its alleged when the employee knew or should have known of the occurrence orally discuss the grievance with the building principal immediate supervisor or his designee in an attempt to resolve same. If no resolution is obtained within three (3) days of the discussion, the teacher grievant shall reduce the grievance to writing and present submit it to the Principal, with the signature of the Association attached only to inform the Board of the Association's knowledge of the grievanceSupervisor for his written response. If no decision resolution is rendered obtained within four eight (4) 8) days or of the decision is unsatisfactory to the grievantdiscussion, the grievant grievance may appeal same to the Superintendent be filed at Level Two. Level One may Two - A copy of the written grievance shall be bypassed if mutually agreed upon by filed with the Superintendent or his designated agent. The Superintendent or the designated agent shall sign and date the Associationgrievance. If no decision is rendered within Within five (5) days of receipt of the grievance, the Superintendent or his designated agent shall meet with the grievant and/or the designated Association representative, at the option of the grievant, to discuss the grievance. Within five (5) days of the discussion, the Superintendent or his designated agent shall render his decision in writing, transmitting a copy of the decision is unsatisfactory to the grievant and/or the Association, the grievant may appeal same to the Board of Education by filing a written grievance along with the decision of the Superintendent with the office of the Board in charge of drawing up the agenda for the Board's meeting not less than ten (10) days prior to the next regularly scheduled Board meeting. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filinggrievant, the building principal for Association Secretary, the building in employee's immediate Supervisor in/on which the grievance arose, the grievant, and the Secretary place a copy of the Association.
1same in a permanent file in his office. Level Three - If the Association is not satisfied with the disposition of the grievance at Level ThreeTwo or if no answer has been received by the due date, it the Association may submit the grievance to binding arbitration before an impartial arbitrator by filing a demand for arbitration with the Employer within ten twenty (1020) work days after the decision of the Board, refer Level Two disposition or the matter deadline for the disposition. The arbitrator to the American Arbitrator Association, in writing, and request the appointment of an arbitration to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be selected by through lists of resident Michigan arbitrators obtained from the American Arbitrator Federal Mediation and Conciliation Service. The Employer and the Association shall not be permitted to assert in accordance with its rules.
2. Neither party may raise a new defense such arbitration proceeding any ground, or ground at Level Four to rely on any evidence, not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3party. The arbitrator shall have no authority to alter, ignore, modify, add to, or subtract from the terms of this Agreement. The arbitrator shall have no authority to make a decision in any case of discharge or discipline of a probationary employee. The arbitrator shall have no authority to make a decision in any matter based upon an interpretation of any statutory law for which there is an administrative agency created by state or federal statute which has jurisdiction to determine the legal rights of the grievant. Both parties agree to be bound by the award of the arbitrator made within the scope of authority. The fees and expenses of the arbitrator shall be final, conclusive, paid as follows: If the grievance is sustained and binding upon employeesthe remedy sought by the Association is awarded in full, the Board Employer shall pay the fees and expenses in full. If the grievance is denied in full, the Association subject to shall pay the right of fees and expenses in full. If the Board or grievance is neither sustained in full, nor denied in full, the Association to judicial review, any lawful decision fees and expenses of the arbitrator shall be forthwith placed into effect.
4. Powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement;
b. The arbitrator shall have no power to establish salary scales or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Board shared on a percentage basis as to the reasonableness of any such practice, policy, rule, or any action taken determined by the Board;
d. The arbitrator arbitrator. Employees who are necessary participants in an arbitration hearing as an Association representative or witness in the proceedings shall have no power be released from duty without loss of pay for the time necessary to decide any question whichrepresent or testify as the case may be, under this Agreement, provided the hearing is within held on the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6employer's premises. If either party disputes the arbitrability of any grievance under hearing is not held on the terms of this agreementemployer's premises, employees may use personal business leave or the arbitrator shall have Association may reimburse the jurisdiction employer for necessary substitute costs, unless the employer initiates the request for the hearing to determine the arbitrability of the grievancebe held away from its premises. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter An attempt shall be referred back made to the parties without decision schedule arbitration and attendance of employees at times which will avoid or recommendation on the meritsminimize release from work.
7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of arbitrator shall be borne equally by the parties except each party shall assume its own cost for representation including any expense of witnesses.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Level One. A teacher believing themselves wrong by an alleged violation An employee with a grievance shall, with or without a representative of the express provisions of this contract shall within seven (7) days of its alleged occurrence orally discuss Association, present it in writing to the grievance with the immediate supervisor or building principal in an attempt to resolve same. If no resolution is obtained within three ten (310) school days of the discussion, earlier of the teacher shall reduce date that the grievance to writing and present grievant knew or should have known of the event giving rise to the Principal, grievance. The immediate supervisor or building principal shall initial the written grievance together with the signature grievant and/or an Association representative, noting the date and time of the Association attached only to inform the Board of the Association's knowledge receipt of the grievance. If no decision is rendered within four In the event that a grievance affects a group or class of employees, the group or class of employees may request the Association to submit the grievance on their behalf commencing at Level One provided, however, that the ten (410) days school day time limitation for instituting grievances shall begin to run from the date of the first of the alleged violations. Upon request, the immediate supervisor or building principal shall meet with the decision is unsatisfactory aggrieved employee(s) in an effort to settle the grievance. Any meeting with reference to the grievant, the grievant may appeal same to the Superintendent at Level Twoabove shall be held during non-school hours. Level One may The employee shall be bypassed if mutually agreed upon by the Superintendent and the Association. If notified of decisions in writing no decision is rendered within five (5) days of the discussion, or the decision is unsatisfactory to the grievant and/or the Association, the grievant may appeal same to the Board of Education by filing a written grievance along with the decision of the Superintendent with the office of the Board in charge of drawing up the agenda for the Board's meeting not less more than ten (10) school days prior to after the next regularly scheduled Board meeting. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in which the grievance arose, the grievant, and the Secretary of the Association.
1. If the Association is not satisfied with the disposition submission of the grievance at Level ThreeOne or the Level One meeting, it may whichever is later. Upon request, the Superintendent or his/her designee shall meet with the aggrieved employee in an effort to settle the grievance at this level. This Level Two meeting shall normally be held within ten (10) school days after the decision receipt of the Boardgrievance by the Superintendent, refer unless the matter Superintendent requires a longer period in which to arrange the meeting. The aggrieved employee shall be notified of the Superintendent’s decision within ten (10) school days following the presentation at Level Two, or the Level Two meeting, whichever is later.
1. A request for arbitrator arbitration shall be made in writing to the American Arbitrator Association, in writing, Arbitration Association within twenty (20) school days of receipt by the grievant or the Association (whichever occurs sooner) of an adverse decision at Level Two.
2. The party requesting the arbitration shall execute and mail a written request to the American Arbitration Association for the appointment of an arbitration to hear the grievance. If the parties cannot agree upon an arbitrator, and a copy of said request shall be simultaneously mailed to the other party. The selection of an arbitrator will then be made in accordance with the rules and regulations of the American Arbitration Association.
3. The authority of the arbitrator shall be limited to the terms and provisions of this Agreement and to the question or questions which are submitted. The arbitrator shall be bound by the provisions of this Agreement and he/she shall be selected by not have any authority to establish salaries or other forms of compensation. The arbitrator shall not have any authority to change the American Arbitrator Association established salary schedule or other forms of compensation as provided in accordance with its rules.
2this Agreement, to establish any terms or conditions of employment or to add to, subtract from, modify or otherwise change any of the terms or provisions of this Agreement. Neither party may raise a new defense The arbitrator shall have no authority to make any decisions or ground award retroactive relief beyond the date on which the grievance was first filed at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party not less than three (3) days prior to the hearing a pre-hearing statement alleging facts, grounds and defenses which will be proven at the hearing and hold a conference at that time in an attempt to settle the grievance.
3One. The decision of the arbitrator shall be final, conclusive, final and binding upon employees, the Board and the Association subject to the right of the Board or the Association to judicial review, any lawful decision of the arbitrator shall be forthwith placed into effectall parties.
4. Powers The costs of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any services of the terms of this Agreement;
b. The arbitrator shall have no power to establish salary scales or to change any salary;
c. The arbitrator shall have no power to change any practice, policy, or rule of the Board nor substitute his judgment for that of the Board as to the reasonableness of any such practice, policy, rule, or any action taken by the Board;
d. The arbitrator shall have no power to decide any question which, under this Agreement, is within the responsibility of the management to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this Agreement;
e. The arbitrator shall have no power to interpret state or federal law;
f. The arbitrator shall not hear any grievance previously barred from scope of the grievance procedure.
5. After a case on which the arbitrator is powered to rule hereunder has been referred to him, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this agreement, the arbitrator shall have the jurisdiction to determine the arbitrability of the grievance. The arbitrator shall have authority to hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the arbitrator determine that s/he is without jurisdiction to rule, the matter shall be referred back to the parties without decision or recommendation on the merits.
7. More than one (1) grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
8. The cost of arbitrator shall be borne equally by the parties except each Committee and the Association.
5. Each party shall assume pay its own cost expenses for representation including any expense the presentation of witnessesits case to the arbitrator.
Appears in 1 contract
Sources: Collective Bargaining Agreement