Level Three - Formal Sample Clauses
The 'Level Three - Formal' clause establishes a formal process for resolving disputes or issues that have not been settled at lower levels of negotiation. Typically, this clause outlines the escalation of unresolved matters to senior management or designated representatives from each party, who must meet within a specified timeframe to attempt resolution. By providing a structured escalation path, the clause ensures that serious disputes receive appropriate attention and increases the likelihood of resolution before resorting to litigation or arbitration.
Level Three - Formal. If the Grievance is not resolved at Step Two (2), the Grievant may request to take the Grievance to FMCS mediation. The mediation request shall be filed with the District Office no later than ten (10) work days following receipt of the Step Two (2) decision. The parties will first attempt to agree on an FMCS mediator. If unable to agree, the Union will request for FMCS to appoint a mediator. The mediator will conduct mediation in accordance with FMCS procedures.
Level Three - Formal a. If the unit member is dissatisfied with the decision at Level Two, the unit member and the Association may submit the CSEA Contract Grievance Filing Form, Level Three, and all documentation to the District Grievance Officer within ten (10) working days.
b. Once a grievant passes beyond Level Two, the grievance belongs to the Association, not to the grievant; that is to say, the Association must agree that the grievance be submitted to Level Three.
c. The District grievance officer or designated representative shall hold a conference with all interested parties within ten (10) working days of receipt of the CSEA Contract Grievance Filing Form, Level Three. The District grievance officer will render a decision within ten (10) working days of the conference.
Level Three - Formal. If the grievant is not satisfied with the disposition of the grievance at Level Two, the grievant (through the Association) may request a hearing before an arbitrator. The request for arbitration shall be made within ten (10) days following receipt of the disposition of the grievance in Level Two. The request for arbitration shall be made in writing to the Superintendent. Within ten (10) days following receipt by the Superintendent of the request for arbitration, the Board or its designated representative and the grievant shall mutually petition the American Arbitration Association (AAA) to provide both parties with a list of arbitrators. Arbitrators will be selected as follows:
a. A mutual request for a list of seven (7) names shall be submitted to the AAA. It shall be specified within the request that no less than three (3) arbitrators named by the AAA shall be from Ohio. Each party may request one (1) additional list.
b. The list of seven (7) names shall be reduced to one (1) by the alternate- strike method. The party striking the first name shall be determined by a toss of a coin. Once the arbitrator has been selected, he/she shall proceed with the arbitration on the grievance in accordance with the Voluntary Labor Arbitration Rules of the AAA. Arbitrator shall have the authority to consider only a single grievance. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to all parties present at the hearing. The decision of the arbitrator shall be binding on the Board, the Association, and the grievant. The arbitrator shall not have the authority to add to, subtract from, modify, change, or alter any of the provisions of this Collective Bargaining Agreement, nor add to, detract from, or modify the language therein, in arriving at a determination of any issue presented that is proper within the limitations expressed herein. The arbitrator shall expressly confine himself/herself to the precise issue(s) submitted to him/her, and to submit observations or declarations of opinion which are directly essential in reaching the determination. The costs for arbitration shall be shared equally by the Board and the Association.
Level Three - Formal. A. If the action taken by the Superintendent does not resolve the grievance to the satisfaction of the employee, such employee may appeal in writing to the Board of Education by completing the appropriate area of the grievance form. The notice of appeal shall be sent to the Superintendent and a copy filed with the Treasurer of the Board of Education. Failure to file such appeal within (5) working days from receipt of the written memorandum of the Superintendent’s action on said grievance shall be deemed a waiver of the right to appeal. Otherwise the matter shall be placed on the agenda for the next regular meeting of the Board of Education.
B. The Board of Education shall act upon such appeal no later than the next regular meeting of the Board after such hearing, or as may be mutually agreed upon. Copies of the final action shall be sent to the employee and the Superintendent.
Level Three - Formal. If the Level Two action taken by the appropriate supervisor/administrator does not resolve the grievance to the satisfaction of the employee, the employee may appeal in writing to the Superintendent or his/her designee. This written appeal request must be filed within twenty (20) working days after the date of the Level Two grievance hearing or else the grievance will be waived. Within ten (10) working days after receipt of a timely Level Three request, the Superintendent or his/her designee will conduct a hearing. The aggrieved employee will be advised in writing of the time, place and date of the hearing. The Superintendent or his/her designee will take action on the grievance and prepare a written report of such action within ten (10) working days after the hearing is held. The action taken and the reasons for the action will be reduced to writing and copies will be sent to the employee, the Treasurer, the appropriate supervisor/administrator, and the President of the Union or his/her designee.
Level Three - Formal. 1. If the action taken by the appropriate supervisor/administrator does not resolve the grievance to the satisfaction of the grievant, the grievant may appeal in writing, to the Superintendent. The grievant may request a meeting, and if he/she does, it shall be conducted by the Superintendent within ten (10) working days after the receipt of the request. The grievant shall be advised in writing of the time, place and date of meeting at least two (2) working days in advance.
2. The Superintendent shall take action on the grievance and prepare a written report of such action within five (5) working days after receipt of the grievance, or, if a meeting is held, within five (5) working days of the conclusion of the meeting. The action taken and the reasons for the action shall be reduced to writing and copies sent to the grievant, the Treasurer, the appropriate supervisor/administrator, and the President of the Association.
Level Three - Formal. If the grievant is not satisfied with the disposition at Level Two, he/she may appeal the grievance to Level Three within five (5) working days after receipt to the Level Two response. A conference between the President, and/or his designate, the aggrieved, and the Superintendent may be held to seek a solution to the grievance. This conference shall be held within ten (10) working days of the submission of the grievance at Level Three. The Superintendent shall, within five (5) working days after the receipt of the grievance, or, if a conference is requested, within five (5) working days after the conference, review the grievance and give a written response to the employee with copies to the supervisor and President of the Union. When a conference is held, the Superintendent shall, within five (5) working days after the conference, review the grievance and give a written response to the aggrieved person and the President of the Union.
Level Three - Formal. 1. If the aggrieved is not satisfied with the disposition at Level Two, he/she may request that the issue be submitted to arbitration within ten (10) days after receipt of the written notice of the action taken by the Superintendent. An Arbitrator shall be selected by the Voluntary Rules and Regulations of the American Arbitration Association.
2. The Arbitrator shall have no power to alter, add to, or subtract from the terms of the Agreement, nor to make any award, which is inconsistent with the terms of the Agreement, or contrary to law.
3. The Arbitrator shall make his/her report and recommendations to the aggrieved, the Superintendent, the Treasurer of the Board of Education, and the President of the Association. His/Her decision shall be binding upon the parties. Said report shall be issued to the parties by the Arbitrator at an agreed-upon date. Cost of the Arbitrator's services shall be shared equally by the Board of Education and the Meigs Local Teachers' Association.
Level Three - Formal. If the aggrieved member is not satisfied by the disposition of the immediate administrator, he/she may seek a hearing with the Superintendent or his/her designated representative within two (2) days after the disposition in Level Two, by completing Level Two on the Grievance Report Form in triplicate and submitting it to the Superintendent. Within the next five (5) days, a hearing shall be arranged between the aggrieved, and/or a representative of the Association, the Superintendent or his/her designated representative who must be someone other than the aggrieved person’s immediate administrator, and other parties who may be needed to give information relative to the claim. The disposition of the Superintendent or his/her designee shall be completed within five (5) days of this hearing. The Superintendent or his/her designated representative has the right to call recessed sessions for consideration or presentation of new information prior to the adjournment of the hearing.
Level Three - Formal a. If the grievant is not satisfied by the disposition of the immediate supervisor, he/she may seek a hearing with the Superintendent or his designated representative within seven (7) calendar days after receipt of the decision at Level Two by completing Step Two of the Grievance Report Form in triplicate and submitting it to the Superintendent. Within the next seven (7) calendar days, a hearing shall be arranged between the grievant, the Superintendent or his designated representative (who must be someone other than the grievant's immediate supervisor), and a representative of the Association.
b. The disposition of the Superintendent or his designee shall be completed in writing within seven (7) calendar days after the Level Three hearing.