Common use of Levels of Grievance Clause in Contracts

Levels of Grievance. Level One—Supervisor The grievant may first discuss his/her grievance with his/her principal or supervisor with the objective of resolving the matter informally. If the matter is not resolved informally, the grievant may within 20 days following the act or condition which is the basis of the complaint, or within 20 days of the first knowledge, reduce the grievance to writing and file with his/her immediate supervisor. The written grievance shall set forth the facts and contract article, Board policy or administrative regulation, as applicable, that he/she claims was violated and the reasons why the grievant considers the decision rendered at the informal step to be unacceptable. The immediate supervisor shall communicate a decision in writing within five days to the grievant. Within five days of receipt of the decision rendered by the immediate supervisor, the grievant, if he/she is not satisfied with the decision of the immediate supervisor, may appeal in writing to the Superintendent or his/her designee. Level Two—Superintendent Appeals to the Superintendent or his/her designee shall be heard within ten days of his/her receipt of the appeal. Written notice of the time and place of the hearing shall be given five days prior thereto to the grievant and the Association. Attendance at the hearing of appeal shall be restricted to the grievant, his/her representative, the designated representatives of the District and the Association. The parties will have the opportunity to call witnesses and present their case. Within ten days of hearing the appeal, the Superintendent or his/her designee shall communicate to the grievant and the Association his/her written decision, which shall include supporting reasons thereof. If the grievant is not satisfied with the decision of the Superintendent or his/her designee and if the grievance is a contract or policy grievance as defined in Section A. hereof, he/she may file a written appeal with the Superintendent within ten days from the receipt of the Superintendent's or his/her designee's decision. The appeal shall state the grievant's reasons for appealing the decision of the Superintendent and request appeal to Level Three—Board for Policy Grievances. For Contract Grievances, the appeal may be taken either to the Board or to Arbitration, but not both. If the Board is selected, its decision shall be final and binding upon the parties. Level Three—Board Only the specific grievance as filed at Level One may be submitted to the Board, unless new evidence or a new basis for the grievance becomes known as a result of the Level Two hearing. In such a case the Association may file a revised grievance at Level One. Within ten days of receipt of the appeal, the Superintendent or his/her designee shall establish a date for a Board hearing on the grievance, which shall be not more than 30 calendar days from the date of receipt of the grievance, and notify the grievant and the Association thereof. The Board shall have no power to subtract from, modify, or amend any terms of this Agreement, and shall further be limited to determining if there has been a violation or erroneous application of established District policy. Within ten days of hearing the appeal, the Board shall communicate to the grievant and the Association its written decision. Level Three—Arbitration Only the Association may pursue a grievance to Level Three—Arbitration. Only the specific grievance as filed at Level One may be submitted to arbitration. Within five days of receipt of the appeal, the Superintendent or his/her designee and the Association shall attempt to select a mutually acceptable arbitrator. If this is not done, the parties shall, on the sixth day, initiate a request to the Employment Relations Board for a list of arbitrators. The parties agree to abide by the AAA rules for the conduct of the hearing. The arbitrator shall have no power to advise on salary adjustments, except as to the improper application thereof, nor to add to, subtract from, modify or amend any terms of this Agreement. The arbitrator shall have no power to substitute his/her discretion for that of the Board in any manner not specifically contracted away by the Board. A decision and award of the arbitrator shall, within the scope of his/her authority, be binding upon the parties. Cost of Arbitration Expenses of the arbitrator shall be borne equally by the parties; however, each party shall be responsible for compensating actual expenses or fees of its own representatives and witnesses. If either party desires a verbatim recording of the proceedings, it may cause such a record to be made, provided it pays for the record and makes a copy available without charge to the arbitrator. If the other party desires a copy, both parties shall jointly share the cost of the transcript and all copies.

Levels of Grievance. Level One—Supervisor One - Informal and Formal Grievance Level The grievant may aggrieved will first discuss his/her his grievance with his/her his principal or supervisor immediate supervisor, either individually or through the school grievance representative, or accompanied by a representative, with the objective of resolving the matter informally. If the matter aggrieved is not resolved informallysatisfied with the disposition of his grievance, the grievant he may file a written grievance with his immediate supervisor (who has administrative authority to act) within 20 ten (10) days following the act or condition which is the basis of the his complaint, or or, if the aggrieved had no knowledge of said occurrence at the time of its happening, then within 20 ten (10) days of the first such knowledge, reduce the grievance to writing and file with his/her immediate supervisor. The written grievance This complaint shall set forth grounds upon which the facts and contract article, Board policy or administrative regulation, as applicable, that he/she claims was violated complaint is based and the reasons why the grievant aggrieved considers the decision rendered at the informal step to be is unacceptable. The immediate supervisor shall communicate a his decision in writing within five (5) days to the grievantaggrieved. Within five (5) days of receipt of the decision rendered by the immediate supervisor, the grievantaggrieved, if he/she he is not satisfied with the decision of the immediate supervisor, may appeal in writing to the Superintendent or hissuperintendent/her designee. Level Two—Superintendent Two Appeals to the Superintendent or hissuperintendent/her designee shall be heard by the superintendent/designee within ten (10) days of his/her his receipt of the appeal. Written notice of the time and place of the hearing shall be given five (5) days prior thereto to the grievant and aggrieved, his designee, or any other persons officially involved in the Associationgrievance. Attendance at the hearing of appeal shall be restricted to the grievant, his/her representative, the designated representatives of the District and the Associationpersons officially involved. The parties will have the opportunity Parties in interest may elect to call witnesses and present their casewho shall appear individually at the hearing. Within ten five (5) days of hearing the appeal, the Superintendent or hissuperintendent/her designee shall communicate to the grievant aggrieved and all other parties officially present at the Association his/her hearing his written decision, which shall include supporting reasons thereoftherefore. If the grievant aggrieved is not satisfied with the decision of the Superintendent superintendent/designee or his/her his designee and if the grievance is a contract or policy grievance as defined in Section A. hereof, he/she he may file a written appeal with the Superintendent Superintendent/designee within ten five (5) days from the receipt of the Superintendent's or his/her designee's decision. The appeal shall state the grievantaggrieved's reasons for appealing the decision of the Superintendent superintendent/designee and request appeal to the level three, School Board. Level Three—Three The Superintendent/designee shall place the appeal upon the Board's next regular meeting agenda which will allow at least five (5) days written notice to be given of the time and place of such hearing to the parties involved, at which time the appeal shall be heard by the Board for Policy Grievancesthe purpose of resolving the grievance. For Contract Grievances, the appeal A special meeting may be taken either called to hear the appeal. Within five (5) days following the hearing the Board or shall render its decision in writing to Arbitration, but not bothall official parties. If The decision of the Board is selected, its decision shall will be final and binding upon except for a grievance involving the parties. Level Three—Board Only the violation of specific grievance as filed at Level One provisions of this Agreement which may be submitted to arbitration under the Board, unless new evidence or a new basis for the grievance becomes known as a result of the Level Two hearing. In such a case the Association may file a revised grievance at Level One. Within ten days of receipt of the appeal, the Superintendent or his/her designee shall establish a date for a Board hearing on the grievance, which shall be not more than 30 calendar days from the date of receipt of the grievance, and notify the grievant and the Association thereof. The Board shall have no power to subtract from, modify, or amend any terms of this Agreement, and shall further be limited to determining if there has been a violation or erroneous application of established District policy. Within ten days of hearing the appeal, the Board shall communicate to the grievant and the Association its written decision. Level Three—Arbitration Only the Association may pursue a grievance to Level Three—Arbitration. Only the specific grievance as filed at Level One may be submitted to arbitration. Within five days of receipt of the appeal, the Superintendent or his/her designee and the Association shall attempt to select a mutually acceptable arbitrator. If this is not done, the parties shall, on the sixth day, initiate a request to the Employment Relations Board for a list of arbitrators. The parties agree to abide by the AAA rules for the conduct of the hearing. The arbitrator shall have no power to advise on salary adjustments, except as to the improper application thereof, nor to add to, subtract from, modify or amend any terms of this Agreement. The arbitrator shall have no power to substitute his/her discretion for that of the Board in any manner not specifically contracted away by the Board. A decision and award of the arbitrator shall, within the scope of his/her authority, be binding upon the parties. Cost of Arbitration Expenses of the arbitrator shall be borne equally by the parties; however, each party shall be responsible for compensating actual expenses or fees of its own representatives and witnesses. If either party desires a verbatim recording of the proceedings, it may cause such a record to be made, provided it pays for the record and makes a copy available without charge to the arbitrator. If the other party desires a copy, both parties shall jointly share the cost of the transcript and all copies.following conditions:

Levels of Grievance. Level One—Informal with Principal or Immediate Supervisor The grievant may aggrieved will first discuss his/her grievance with his/her principal or supervisor immediate supervisor, either individually or through the school grievance representative, or accompanied by an Association representative, with the objective of resolving the matter informally. Level One If the matter aggrieved is not resolved informallysatisfied with the disposition of his/her grievance, the grievant he/she may file a written grievance with his/her immediate superior (who has administrative authority to act) within 20 ten (10) days following the act or condition which is the basis of the his/her complaint, or or, if the aggrieved had no knowledge of said occurrence at the time of its happening, then within 20 ten (10) days of the first such knowledge, reduce the grievance to writing and file with his/her immediate supervisor. The written grievance This complaint shall set forth the facts and contract articlegrounds upon which the complaint is based, Board policy or administrative regulationthe remedy sought, as applicable, that he/she claims was violated and the reasons why the grievant considers aggrieved considered the decision rendered at the informal step to be is unacceptable. The immediate supervisor shall communicate a his/her decision in writing within five (5) days to the grievantaggrieved. Within five (5) days of receipt of the decision rendered by the immediate supervisor, the grievantaggrieved, if he/she is not satisfied with the decision of the immediate supervisor, may appeal in writing to the Superintendent superintendent or his/her designeethe superintendent's representative. Level Two—Superintendent Two Appeals to the Superintendent or his/her designee superintendent shall be heard by the superintendent within ten (10) days of his/her his receipt of the appeal. Written notice of the time and place of the hearing shall be given five (5) days prior thereto to the grievant and aggrieved, his/her representative or any other persons officially involved in the Associationgrievance. Attendance at the hearing of appeal shall be restricted to the grievant, his/her representative, the designated representatives of the District and the Associationpersons officially involved. The parties will have the opportunity Parties in interest may elect to call witnesses and present their casewho shall appear individually at the hearing. Within ten five (5) days of hearing the appeal, the Superintendent or his/her designee superintendent shall communicate to the grievant aggrieved and all other parties officially present at the Association hearing of his/her written decision, which shall include supporting reasons thereoftherefore. If the grievant aggrieved is not satisfied with the decision of the Superintendent or his/her designee and if the grievance is a contract or policy grievance as defined in Section A. hereofsuperintendent, he/she may file a written appeal with the school district board of directors via the Superintendent within ten five (5) days from the receipt of the Superintendent's or his/her designeesuperintendent's decision. The appeal shall state the grievant's aggrieved’s reasons for appealing the decision of the Superintendent superintendent and request appeal to Level Three—Board for Policy Grievances. For Contract Grievances, the appeal may be taken either to the Board or to Arbitration, but not both. If the Board is selected, its decision shall be final and binding upon the parties. Level Three—Board Only the specific grievance as filed at Level One may be submitted to the Board, unless new evidence or a new basis for the grievance becomes known as a result Three Within five (5) days of the Level Two hearing. In such a case the Association may file a revised grievance at Level One. Within ten days of receipt of the appeal, the Superintendent or his/her designee shall establish school district board of directors will notify all official parties of a date for a Board hearing on the grievance, which shall to be not more than 30 calendar held within ten (10) days from the date of receipt of the grievance, and notify the grievant and the Association thereof. The Board shall have no power to subtract from, modify, or amend any terms of this Agreement, and shall further be limited to determining if there has been a violation or erroneous application of established District policy. Within ten days of hearing the appeal, the Board shall communicate to the grievant and the Association its written decision. Level Three—Arbitration Only the Association may pursue a grievance to Level Three—Arbitration. Only the specific grievance as filed at Level One may be submitted to arbitration. Within five days of receipt of the appeal, . The board of directors shall hear arguments of the Superintendent or his/her designee superintendent and the Association shall attempt to select a mutually acceptable arbitrator. If this is not done, the parties shall, on the sixth day, initiate a request to the Employment Relations Board for a list of arbitratorsaggrieved. The parties agree to abide by the AAA rules for the conduct of the hearing. The arbitrator shall have no power to advise on salary adjustments, except as to the improper application thereof, nor to add to, subtract from, modify or amend any terms of this Agreement. The arbitrator shall have no power to substitute his/her discretion for that of hearing before the Board in any manner not specifically contracted away by the Board. A decision and award of the arbitrator shall, within the scope of his/her authority, be binding upon the parties. Cost of Arbitration Expenses of the arbitrator shall be borne equally a public hearing if required by Oregon law. Within five (5) days following the hearing the school board of directors shall render a decision in writing to all official parties; however, each party shall be responsible for compensating actual expenses or fees of its own representatives and witnesses. If either party desires a verbatim recording of the proceedings, it may cause such a record to be made, provided it pays for the record and makes a copy available without charge to the arbitrator. If the other party desires a copy, both parties shall jointly share the cost of the transcript and all copies.

Levels of Grievance. Level One—Supervisor The grievant may first discuss his/her their grievance with his/her their principal or supervisor with the objective of resolving the matter informally. If the matter is not resolved informally, the grievant may within 20 days following the act or condition which is the basis of the complaint, or within 20 days of the first knowledge, reduce the grievance to writing and file with his/her their immediate supervisor. The written grievance shall set forth the facts and contract article, Board policy or administrative regulation, as applicable, that he/she claims they claim was violated and the reasons why the grievant considers the decision rendered at the informal step to be unacceptable. The immediate supervisor shall communicate a decision in writing within five days to the grievant. Within five days of receipt of the decision rendered by the immediate supervisor, the grievant, if he/she is they are not satisfied with the decision of the immediate supervisor, may appeal in writing to the Superintendent or his/her their designee. Level Two—Superintendent Appeals to the Superintendent or his/her their designee shall be heard within ten 10 days of his/her their receipt of the appeal. Written notice of the time and place of the hearing shall be given five days prior thereto to the grievant and the Association. Attendance at the hearing of appeal shall be restricted to the grievant, his/her their representative, the designated representatives of the District and the Association. The parties will have the opportunity to call witnesses and present their case. Within ten 10 days of hearing the appeal, the Superintendent or his/her their designee shall communicate to the grievant and the Association his/her their written decision, which shall include supporting reasons thereof. If the grievant is not satisfied with the decision of the Superintendent or his/her their designee and if the grievance is a contract or policy grievance as defined in Section A. hereof, he/she they may file a written appeal with the Superintendent within ten 10 days from the receipt of the Superintendent's ’s or his/her their designee's ’s decision. The appeal shall state the grievant's ’s reasons for appealing the decision of the Superintendent and request appeal to Level Three—Board for Policy Grievances. For Contract Grievances, the appeal may be taken either to the Board or to Arbitration, but not both. If the Board is selected, its decision shall be final and binding upon the parties. Level Three—Board Only the specific grievance as filed at Level One may be submitted to the Board, unless new evidence or a new basis for the grievance becomes known as a result of the Level Two hearing. In such a case the Association may file a revised grievance at Level One. Within ten 10 days of receipt of the appeal, the Superintendent or his/her their designee shall establish a date for a Board hearing on the grievance, which shall be not more than 30 calendar days from the date of receipt of the grievance, and notify the grievant and the Association thereof. The Board shall have no power to subtract from, modify, or amend any terms of this Agreement, and shall further be limited to determining if there has been a violation or erroneous application of established District policy. Within ten 10 days of hearing the appeal, the Board shall communicate to the grievant and the Association its written decision. Level Three—Arbitration Only the Association may pursue a grievance to Level Three—Arbitration. Only the specific grievance as filed at Level One may be submitted to arbitration. Within five days of receipt of the appeal, the Superintendent or his/her their designee and the Association shall attempt to select a mutually acceptable arbitrator. If this is not done, the parties shall, on the sixth day, initiate a request to the Employment Relations Board for a list of arbitrators. The parties agree to abide by the AAA rules for the conduct of the hearing. The arbitrator shall have no power to advise on salary adjustments, except as to the improper application thereof, nor to add to, subtract from, modify or amend any terms of this Agreement. The arbitrator shall have no power to substitute his/her their discretion for that of the Board in any manner not specifically contracted away by the Board. A decision and award of the arbitrator shall, within the scope of his/her their authority, be binding upon the parties. Cost of Arbitration Expenses of the arbitrator shall be borne equally by the parties; however, each party shall be responsible for compensating actual expenses or fees of its own representatives and witnesses. If either party desires a verbatim recording of the proceedings, it may cause such a record to be made, provided it pays for the record and makes a copy available without charge to the arbitrator. If the other party desires a copy, both parties shall jointly share the cost of the transcript and all copies.

Levels of Grievance. Level L evel One—Supervisor The grievant may first discuss his/her their grievance with his/her their principal or supervisor with the objective of resolving the matter informally. If the matter is not resolved informally, the grievant may within 20 days following the act or condition which is the basis of the complaint, or within 20 days of the first knowledge, reduce the grievance to writing and file with his/her their immediate supervisor. The written grievance shall set forth the facts and contract article, Board policy or administrative regulation, as applicable, that he/she claims they claim was violated and the reasons why the grievant considers the decision rendered at the informal step to be unacceptable. The immediate supervisor shall communicate a decision in writing within five days to the grievant. Within five days of receipt of the decision rendered by the immediate supervisor, the grievant, if he/she is they are not satisfied with the decision of the immediate supervisor, may appeal in writing to the Superintendent or his/her their designee. Level L evel Two—Superintendent Appeals to the Superintendent or his/her their designee shall be heard within ten 10 days of his/her their receipt of the appeal. Written notice of the time and place of the hearing shall be given five days prior thereto to the grievant and the Association. Attendance at the hearing of appeal shall be restricted to the grievant, his/her their representative, the designated representatives of the District and the Association. The parties will have the opportunity to call witnesses and present their case. Within ten 10 days of hearing the appeal, the Superintendent or his/her their designee shall communicate to the grievant and the Association his/her their written decision, which shall include supporting reasons thereof. If the grievant is not satisfied with the decision of the Superintendent or his/her their designee and if the grievance is a contract or policy grievance as defined in Section A. hereof, he/she they may file a written appeal with the Superintendent within ten 10 days from the receipt of the Superintendent's ’s or his/her their designee's ’s decision. The appeal shall state the grievant's ’s reasons for appealing the decision of the Superintendent and request appeal to Level Three—Board for Policy Grievances. For Contract Grievances, the appeal may be taken either to the Board or to Arbitration, but not both. If the Board is selected, its decision shall be final and binding upon the parties. Level L evel Three—Board Only the specific grievance as filed at Level One may be submitted to the Board, unless new evidence or a new basis for the grievance becomes known as a result of the Level Two hearing. In such a case the Association may file a revised grievance at Level One. Within ten 10 days of receipt of the appeal, the Superintendent or his/her their designee shall establish a date for a Board hearing on the grievance, which shall be not more than 30 calendar days from the date of receipt of the grievance, and notify the grievant and the Association thereof. The Board shall have no power to subtract from, modify, or amend any terms of this Agreement, and shall further be limited to determining if there has been a violation or erroneous application of established District policy. Within ten 10 days of hearing the appeal, the Board shall communicate to the grievant and the Association its written decision. Level L evel Three—Arbitration Only the Association may pursue a grievance to Level Three—Arbitration. Only the specific grievance as filed at Level One may be submitted to arbitration. Within five days of receipt of the appeal, the Superintendent or his/her their designee and the Association shall attempt to select a mutually acceptable arbitrator. If this is not done, the parties shall, on the sixth day, initiate a request to the Employment Relations Board for a list of arbitrators. The parties agree to abide by the AAA rules for the conduct of the hearing. The arbitrator shall have no power to advise on salary adjustments, except as to the improper application thereof, nor to add to, subtract from, modify or amend any terms of this Agreement. The arbitrator shall have no power to substitute his/her their discretion for that of the Board in any manner not specifically contracted away by the Board. A decision and award of the arbitrator shall, within the scope of his/her their authority, be binding upon the parties. Cost C ost of Arbitration Expenses of the arbitrator shall be borne equally by the parties; however, each party shall be responsible for compensating actual expenses or fees of its own representatives and witnesses. If either party desires a verbatim recording of the proceedings, it may cause such a record to be made, provided it pays for the record and makes a copy available without charge to the arbitrator. If the other party desires a copy, both parties shall jointly share the cost of the transcript and all copies.

Levels of Grievance. Level One—Supervisor The grievant may first discuss his/her grievance with his/her principal or supervisor with the objective of resolving the matter informally. If the matter is not resolved informally, the grievant may within 20 days following the act or condition which is the basis of the complaint, or within 20 days of the first knowledge, reduce the grievance to writing and file with his/her immediate supervisor. The written grievance shall set forth the facts and contract article, Board policy or administrative regulation, as applicable, that he/she claims was violated and the reasons why the grievant considers the decision rendered at the informal step to be unacceptable. The immediate supervisor shall communicate a decision in writing within five days to the grievant. Within five days of receipt of the decision rendered by the immediate supervisor, the grievant, if he/she is not satisfied with the decision of the immediate supervisor, may appeal in writing to the Superintendent or his/her designee. Level Two—Superintendent Appeals to the Superintendent or his/her designee shall be heard within ten 10 days of his/her receipt of the appeal. Written notice of the time and place of the hearing shall be given five days prior thereto to the grievant and the Association. Attendance at the hearing of appeal shall be restricted to the grievant, his/her representative, the designated representatives of the District and the Association. The parties will have the opportunity to call witnesses and present their case. Within ten 10 days of hearing the appeal, the Superintendent or his/her designee shall communicate to the grievant and the Association his/her written decision, which shall include supporting reasons thereof. If the grievant is not satisfied with the decision of the Superintendent or his/her designee and if the grievance is a contract or policy grievance as defined in Section A. hereof, he/she may file a written appeal with the Superintendent within ten 10 days from the receipt of the Superintendent's or his/her designee's decision. The appeal shall state the grievant's reasons for appealing the decision of the Superintendent and request appeal to Level Three—Board for Policy Grievances. For Contract Grievances, the appeal may be taken either to the Board or to Arbitration, but not both. If the Board is selected, its decision shall be final and binding upon the parties. Level Three—Board Only the specific grievance as filed at Level One may be submitted to the Board, unless new evidence or a new basis for the grievance becomes known as a result of the Level Two hearing. In such a case the Association may file a revised grievance at Level One. Within ten 10 days of receipt of the appeal, the Superintendent or his/her designee shall establish a date for a Board hearing on the grievance, which shall be not more than 30 calendar days from the date of receipt of the grievance, and notify the grievant and the Association thereof. The Board shall have no power to subtract from, modify, or amend any terms of this Agreement, and shall further be limited to determining if there has been a violation or erroneous application of established District policy. Within ten 10 days of hearing the appeal, the Board shall communicate to the grievant and the Association its written decision. Level Three—Arbitration Only the Association may pursue a grievance to Level Three—Arbitration. Only the specific grievance as filed at Level One may be submitted to arbitration. Within five days of receipt of the appeal, the Superintendent or his/her designee and the Association shall attempt to select a mutually acceptable arbitrator. If this is not done, the parties shall, on the sixth day, initiate a request to the Employment Relations Board for a list of arbitrators. The parties agree to abide by the AAA rules for the conduct of the hearing. The arbitrator shall have no power to advise on salary adjustments, except as to the improper application thereof, nor to add to, subtract from, modify or amend any terms of this Agreement. The arbitrator shall have no power to substitute his/her discretion for that of the Board in any manner not specifically contracted away by the Board. A decision and award of the arbitrator shall, within the scope of his/her authority, be binding upon the parties. Cost of Arbitration Expenses of the arbitrator shall be borne equally by the parties; however, each party shall be responsible for compensating actual expenses or fees of its own representatives and witnesses. If either party desires a verbatim recording of the proceedings, it may cause such a record to be made, provided it pays for the record and makes a copy available without charge to the arbitrator. If the other party desires a copy, both parties shall jointly share the cost of the transcript and all copies.