Common use of Level One Clause in Contracts

Level One. Any member who has a grievance shall discuss it first with his/her principal (or immediate supervisor or department head when applicable) in an attempt to resolve the matter informally at that level which discussion shall be announced beforehand by the member as constituting a Level One grievance discussion. Level Two: If as a result of the discussion, the matter is not resolved to the satisfaction of the 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 to the member in writing with reasons within five (5) working days of receipt of the written grievance. Level Three: If the grievance is not resolved to the member’s satisfaction, he/she, no later than five (5) working days after receipt of the 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 his/her dissatisfaction with decisions previously rendered. The Superintendent may consider the appeal on the written record submitted to him/her, 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 appeal the submission of additional written materials. Where additional written materials are requested by the Superintendent, copies thereof shall be served upon the adverse parties who shall have the right to reply thereto. If the Superintendent elects to conduct a hearing, it shall be held within ten (10) working days from the receipt of the grievance appeal by the Superintendent. The Superintendent shall make a determination within ten (10) working days from the receipt of the grievance appeal, or from the receipt of the requested additional materials, or from the date of the hearing, whichever is later, and shall in writing notify all interested parties of his/her determination.

Appears in 4 contracts

Samples: Agreement, Agreement, Agreement

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Level One. Any member who has A grievance alleging a grievance shall discuss it first violation of the express provisions of this Agreement shall, within ten (10) days of its alleged occurrence be orally discussed by a xxxxxxx and the grievant with his/her principal (or the immediate supervisor or department head when applicable) in an attempt to resolve same. If no resolution is obtained within five (5) days of discussion, the matter informally at that level which discussion grievance shall be announced beforehand reduced to writing within seven (7) days of said discussion by the member as constituting xxxxxxx and presented to the immediate supervisor. The immediate supervisor will respond in writing to the grievant and xxxxxxx within five (5) days. LEVEL TWO If the grievance remains unsolved, a Level One copy of the written grievance discussionshall be filed within five (5) days with the Superintendent or designated representative by the Chapter Chairperson. Level Two: If as Within five (5) days of receipt of the grievance, the Superintendent or designated representative shall arrange a result meeting with the grievant, Chapter Chairperson and xxxxxxx to discuss the grievance. Within five (5) days of the discussion, the matter is not resolved Superintendent or designated representative shall render his decision in writing, transmitting a copy of same to the satisfaction grievant, the Union, the supervisor, and place a copy of the member same in a permanent file in his office. Either party may have outside representation. If no decision is rendered within five (5) working days of the Level One grievance discussiondiscussion or the decision is unsatisfactory to the grievant, 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 to the member in writing with reasons shall, within five (5) working days from the time the Superintendent's decision is due, be appealed to the Board of receipt Education by filing such written grievance along with the decision of the written Superintendent with the President of the Board. LEVEL THREE Upon proper filing as specified in LEVEL TWO, the Board of Education shall consider the grievance. Level Three: If 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 is not resolved be made by the Board no more than twenty-five (25) days after its submission to the member’s satisfaction, he/she, no later than five (5) working days after receipt Board. A copy of the principal’s or supervisor’s decision, may request a review and hearing by decision of the Superintendent of Schools. The appeal Board shall be forwarded to the Superintendent must be made in writing with copy to for permanent filing, the principal or supervisor setting forth supervisor, the matter submitted to the principal or supervisor as specified above grievant and the reasons for his/her dissatisfaction with decisions previously renderedUnion. The Superintendent may consider the appeal on the written record submitted to him/her, 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 appeal the submission of additional written materials. Where additional written materials are requested by the Superintendent, copies thereof shall be served upon the adverse parties who shall have the right to reply thereto. If the Superintendent elects to conduct a hearing, it shall be held within ten (10) working days from the receipt of the grievance appeal by the Superintendent. The Superintendent shall make a determination within ten (10) working days from the receipt of the grievance appeal, or from the receipt of the requested additional materials, or from the date of the hearing, whichever is later, and shall in writing notify all interested parties of his/her determination.LEVEL FOUR

Appears in 3 contracts

Samples: Letter of Agreement, Agreement, Agreement

Level One. Any member who has a grievance shall discuss it first If the aggrieved employee is not satisfied with his/her principal (or immediate supervisor or department head when applicable) in an attempt to resolve the matter informally at that level which discussion shall be announced beforehand by the member as constituting a Level One grievance discussion. Level Two: If as a result disposition of the discussiongrievance at the Informal Level, the matter is not resolved to the satisfaction of the member or if no decision has been rendered within five (5) working days of duty days, the Level One grievance discussion, he/she shall set forth his/her employee may file the grievance in writing to his/her principal or immediate supervisor on with the grievance forms provided in Appendix “B”. The principal or supervisor shall communicate his/her decision to the member in writing with reasons same administrator within five (5) working duty days of receipt of after the written grievance. decision at the Informal Level Three: If or ten (10) duty days after the grievance was presented, whichever is not resolved sooner. The written statement shall identify the specific policy or policies which are alleged to have been violated and the member’s satisfaction, he/she, no later than remedy sought. The administrator shall render a written decision within five (5) working duty days after receipt 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 principal’s or supervisor’s decision, may request Department in which the Level I grievance was filed. Within ten duty days the hearing shall be held and a review and hearing decision rendered. (If the decision which is alleged to be in error was made by the Superintendent of Schools. The appeal 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.) Level Three If the grievance committee is not satisfied with the decision at Level Two, it may refer the grievance 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 his/her dissatisfaction with decisions previously renderedwithin five (5) duty days. The Superintendent may consider shall meet with the appeal on aggrieved person and the written record submitted to him/her, or he/she may, on his/her own election, conduct a hearing; person's representative(s) and he/she may request within six (6) working days of receipt of render the grievance appeal the submission of additional written materials. Where additional written materials are requested by the Superintendent, copies thereof shall be served upon the adverse parties who shall have the right to reply thereto. If the Superintendent elects to conduct a hearing, it shall be held decision within ten (10) working duty days from after the receipt of the grievance appeal by referral. Level Four If AEL finds the Superintendent. The Superintendent 's decision not acceptable, it shall make a determination within ten (10) working duty days from notify the receipt 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 remaining names in order of preference and return the list to the AAA. If a party does not return the list within the time specified, all persons named therein shall be deemed acceptable. From among the persons who have been approved on both lists, and in accordance with the designated order of mutual preference, the AAA shall invite the acceptance of an arbitrator. If either of the grievance appealparties fails to accept any of the persons named, or if those named decline or are unable to act, or if for any other reason an appointment cannot be made from such a list of names, a second list of seven (7) names shall be requested. The parties shall strike names alternately until only one (1) name remains. That person shall be designated the receipt 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 and will be conducted in closed sessions. The arbitrator will set forth the findings of fact, reasoning and conclusions on the issues submitted. The conclusions of the requested additional materials, or from arbitrator will be submitted to the date Board as a recommendation. The costs for the services of the hearingarbitrator, whichever is laterincluding per diem expenses, if any, and actual and necessary travel expenses shall in writing notify all interested parties of his/her determinationbe shared equally by the Board and AEL.

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

Level One. Any member who has a A driver believing himself wronged by an alleged violation of the express provisions of this contract shall within five (5) days after its alleged occurrence orally discuss the grievance shall discuss it first with his/her principal (or immediate the transportation supervisor or department head when applicable) in an attempt to resolve same. The driver shall identify the matter informally at that level which discussion shall be announced beforehand by the member as constituting involving a Level One grievance discussionissue. Level Two: If as a result no resolution is obtained within five (5) days of the discussion, the matter is not resolved driver shall reduce the grievance to the satisfaction of the member writing and proceed within five (5) working days of said discussion to Level Two. 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 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. Within five (5) days of the Level One grievance discussiondiscussion the Superintendent or his designated agent shall render his decision in writing, he/she shall set forth his/her grievance in writing to his/her principal or immediate supervisor on transmitting a copy of the grievance forms provided in Appendix “B”. The principal or supervisor shall communicate his/her decision same to the member grievant, the unit secretary, the transportation supervisor, and place a copy of same in writing with reasons a permanent file in his office. If no decision is rendered within five (5) working days of receipt the discussion, or the decision is unsatisfactory to the grievant and the unit, the grievant may appeal same to the Board of Education by filing a written grievance along with the decision of the written grievance. Level Three: If superintendent with the grievance is officer of the Board in charge of drawing up the agenda for the Board's meeting not resolved to the member’s satisfaction, he/she, no later less than five (5) working days prior to the next regular Board meeting scheduled at least ten (10) days after receipt of the principal’s superintendent's answer. Level Three: Upon proper application as specified in Level Three the Board shall allow the driver or supervisor’s decisionhis 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 request a review and hearing 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 Superintendent Board more than two (2) weeks after the initial hearing. A copy of Schools. The appeal the written decision of the Board shall be forwarded to the Superintendent must be made in writing with copy to for permanent filing, the principal or supervisor setting forth transportation supervisor, the matter submitted to the principal or supervisor as specified above grievant, and the reasons for his/her dissatisfaction with decisions previously rendered. The Superintendent may consider the appeal on the written record submitted to him/her, or he/she may, on his/her own election, conduct a hearing; and he/she may request within six (6) working days of receipt secretary of the grievance appeal the submission of additional written materialsUnit. Where additional written materials are requested by the Superintendent, copies thereof shall be served upon the adverse parties who shall have the right to reply thereto. If the Superintendent elects to conduct a hearing, it shall be held within Level Four: Within ten (10) working days business days, the parties shall attempt to mutually agree upon an arbitrator. If unable to agree, they shall select an arbitrator from the receipt following list. On alternating cases, the Union or District shall be the first to strike the name of the grievance appeal 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 Superintendent. The Superintendent shall make a determination within ten (10) working days from the receipt of the grievance appeal, or from the receipt of the requested additional materials, or from the date of the hearing, whichever is later, and shall in writing notify all interested parties of his/her determinationselection and request available hearing dates.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Level One. Any member Administrator who has a grievance shall discuss it first with his/her principal (the Assistant Superintendent for Instruction if it is an educational matter or immediate supervisor or department head when applicable) with the School Business Administrator if it is a financial matter in an attempt to resolve the matter informally at that level which discussion shall be announced beforehand by the member as constituting a Level One grievance discussionlevel. Level Two: If Two If, as a result of the aforesaid discussion, the matter is not resolved to the satisfaction of the member within five (5) working days of the Level One grievance discussionAdministrator, he/she he shall set forth his/her grievance his grievance, in writing writing, to his/her principal the Assistant Superintendent for Instruction or immediate supervisor the School Business Administrator (as set forth above), on the grievance forms provided in Appendix “B”within ten (10) school days from the date of the aforesaid discussion. The principal said Assistant Superintendent for Instruction or supervisor the School Business Administrator shall communicate his/her his decision to the member Administrator, in writing writing, with reasons reasons, within five ten (510) working school days of receipt of the written grievance. Level Three: If the grievance is not resolved to the member’s satisfaction, he/sheThree The Administrator, no later than five (5) working school days after receipt of the principal’s said Assistant Superintendent for Instruction's or supervisor’s School Business Administrator's decision, may request a review and hearing by 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 principal said Assistant Superintendent for Instruction or supervisor School Business Administrator setting forth the matter submitted to the principal or supervisor said Assistant Superintendent as specified above and the reasons for his/her his dissatisfaction with decisions previously rendered. The Superintendent shall attempt to 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 Administrator and the said Assistant Superintendent for Instruction or School Business Administrator. Level Four If the grievance is not resolved to the Administrator's satisfaction, he, 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 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 him/herit, 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 appeal the submission of additional written materialsmaterial. Where additional written materials are requested by the SuperintendentBoard, copies thereof shall be served upon the adverse parties who shall have the right to reply thereto. If the Superintendent elects to conduct a hearing, it The hearing shall be held within ten twenty-one (1021) working calendar days from the of receipt of the grievance appeal by the SuperintendentBoard or the next Board meeting, whichever is later. The Superintendent Board shall make a determination within ten (10) working days from by or before its second regularly scheduled Board meeting following the receipt of hearing. The decision shall be in writing and shall be delivered to the grievance appealaggrieved and their representative, if one. The Administrator who has filed the grievance, or at least one Administrator from a group of Administrators filing a grievance (if an individual or individuals are involved in the receipt grievance), will be required to appear before the Board of Education for the requested additional materials, or from the date of the said hearing, whichever is later, and shall in writing notify all interested parties of his/her determination.

Appears in 2 contracts

Samples: www.perc.state.nj.us, www.perc.state.nj.us

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Level One. Any member who has a A driver believing himself wronged by an alleged violation of the express provisions of this contract shall within five (5) days after its alleged occurrence orally discuss the grievance shall discuss it first with his/her principal (or immediate the transportation supervisor or department head when applicable) in an attempt to resolve same. The driver shall identify the matter informally at that level which discussion shall be announced beforehand by the member as constituting involving a Level One grievance discussionissue. Level Two: If as a result no resolution is obtained within five (5) days of the discussion, the matter is not resolved driver shall reduce the grievance to the satisfaction of the member writing and proceed within five (5) working days of said discussion to Level Two. 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 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. Within five (5) days of the Level One grievance discussiondiscussion the Superintendent or his designated agent shall render his decision in writing, he/she shall set forth his/her grievance in writing to his/her principal or immediate supervisor on transmitting a copy of the grievance forms provided in Appendix “B”. The principal or supervisor shall communicate his/her decision same to the member grievant, the unit secretary, the transportation supervisor, and place a copy of same in writing with reasons a permanent file in his office. If no decision is rendered within five (5) working days of receipt the discussion, or the decision is unsatisfactory to the grievant and the unit, the grievant may appeal same to the Board of Education by filing a written grievance along with the decision of the written grievance. Level Three: If superintendent with the grievance is officer of the Board in charge of drawing up the agenda for the Board's meeting not resolved to the member’s satisfaction, he/she, no later less than five (5) working days prior to the next regular Board meeting scheduled at least ten (10) days after receipt of the principal’s superintendent's answer. Level Three: Upon proper application as specified in Level Three the Board shall allow the driver or supervisor’s decisionhis 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 request a review and hearing by designate one or more of its members to hold future hearings therein or otherwise investigate the Superintendent grievance, provided however, that in no event except with express written consent 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 his/her dissatisfaction with decisions previously rendered. The Superintendent may consider the appeal on the written record submitted to him/her, or he/she may, on his/her own election, conduct a hearing; and he/she may request within six (6) working days of receipt Association shall final determination of the grievance appeal the submission of additional written materials. Where additional written materials are requested be made by the Superintendent, copies thereof shall be served upon the adverse parties who shall have the right to reply thereto. If the Superintendent elects to conduct a hearing, it shall be held within ten (10) working days from the receipt of the grievance appeal by the Superintendent. The Superintendent shall make a determination within ten (10) working days from the receipt of the grievance appeal, or from the receipt of the requested additional materials, or from the date of the hearing, whichever is later, and shall in writing notify all interested parties of his/her determination.Board more than two

Appears in 1 contract

Samples: Master Agreement

Level One. Any A bargaining unit member who has a believing himself/herself wronged by an alleged violation of the express provisions of this contract or Board policies unless prohibited by law shall within ten (10) days of its alleged occurrence, orally discuss the grievance shall discuss it first with his/her the building principal (or immediate supervisor or department head when applicable) in an attempt to resolve the matter informally at that level which discussion shall be announced beforehand by the member as constituting a Level One grievance discussionsame. Level Two: If as a result no resolution is obtained within five (5) days of the discussion, the matter is not resolved member shall reduce the grievance to writing and 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 satisfaction beginning of the member next school year, the grievant 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. Level Two. A copy of the written grievance shall be filed with the Superintendent or his/her designated agent as specified in Level One with the endorsement thereon of the approval or disapproval of the Association. Within five (5) days of receipt of the grievance, the Superintendent or his/her designated agent shall arrange a meeting with the grievant and the designated Association representative. 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 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) 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 member in writing grievant and the Association, the Association may appeal same to the Board of Education by filing a written grievance along with reasons within five (5) working days of receipt the decision of the written grievance. Level Three: If Superintendent with the grievance is Board President not resolved to the member’s satisfaction, he/she, no later less than five (5) working days after receipt prior to the next regularly scheduled Board meeting. If it is not possible to meet this time limit due to the date of the principal’s or supervisor’s Superintendent's decision, this time limit may request a review be waived by mutual written agreement of the Association and hearing 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 Superintendent of SchoolsBoard no later than its next regularly scheduled meeting. The appeal to No grievance shall be allowed beyond Level Two unless processed by the Superintendent must be made in writing with copy to the principal or supervisor setting forth the matter submitted to the principal or supervisor Association. Level Three. Upon proper application as specified above in Level Two, the Board shall allow the grievant and the reasons Association representative an opportunity to be heard at the meeting for his/her dissatisfaction with decisions previously rendered. The Superintendent may consider the appeal on the written record submitted to him/her, 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 which the grievance appeal the submission of additional written materialswas scheduled. Where additional written materials are requested by the Superintendent, copies thereof shall be served upon the adverse parties who shall have the right to reply thereto. If the Superintendent elects to conduct a hearing, it shall be held within Within ten (10) working days from the receipt 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 appeal be made by the Superintendent. The Superintendent shall make a determination within Board more than ten (10) working days from 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. Level Four. If the Association is not satisfied with the disposition of the grievance at Level Three or if no disposition has been made within the period above provided, the Association may submit the grievance to arbitration before an impartial arbitrator within thirty (30) calendar days of its receipt of the grievance appealLevel Three disposition. The arbitrator shall be selected through the American Arbitration Association in accordance with its rules which shall likewise govern the arbitration proceeding. Neither the Employer nor the Association shall 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 receipt terms of this Agreement. Both parties agree to be bound by the award of the requested additional materialsarbitrator, or from the date and that judgment thereon may be entered in any court of competent jurisdiction. The fees and expenses of the hearing, whichever is later, arbitrator shall be shared equally by the Association and shall in writing notify all interested parties of his/her determinationthe Employer.

Appears in 1 contract

Samples: Master Agreement

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