Procedure. A. Step I A grievant shall first discuss the grievance with the appropriate immediate supervisor. This meeting shall be on an informal basis and shall be held within ten (10) days following the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level. B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent. C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance form, the Superintendent shall meet with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and the immediate supervisor.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. An employee and the immediate Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step I A grievant 1 The employee shall first discuss formally take up the grievance with the appropriate immediate supervisor. This meeting shall be on an informal basis and shall be held Supervisor from whose decision it arose within ten (10) working days following the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II levelarising.
B. Step II 2 If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not employee wishes to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On pursue the grievance formfurther the employee shall, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt of the Grievance Report Formgrievance.
a) If, having received a reply from the Department Head, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of employee wishes to pursue the grievance further, the employee shall, within five (5) working days after such meeting by completing of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step II 4 If, having received the response of the Grievance Report Form and returning a copy to the grievantSub-Committee, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of wishes to pursue the grievance at Step IIfurther, the grievant shall complete Grievance Report Formit shall, Step III, and submit same to the Superintendent within five (5) working days of receiving said reply, refer the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance form, the Superintendent shall meet with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy matter in writing to the grievant, City Manager. The City Manager or his designate shall provide a written response to the Union and the immediate supervisor.within ten
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Procedure. A. A grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step I A 1 The grievant shall first discuss present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the grievance with staff member of the appropriate immediate supervisor. This meeting shall be on an informal basis and shall be held within ten (10) days following facts giving rise to the act or condition which is the basis for the of his/her grievance. The grievant and the immediate administrator shall let it be known that the meeting is the Informal Step 1 of the grievance procedureconfer with a view to arriving at a mutually satisfactory resolution. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure at Step I1, or if then the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On shall reduce the grievance formto writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievant must clearly indicate grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the Article and/or paragraph in standard grievance form which shall contain the alleged misapplication, misinterpretation or violation occurred following information: - Name and position of the express written aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement. A copy Agreement and/or Board policy, if any - The corrective action requested - Signature of this form the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be submitted held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the immediate supervisor. Within Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievantappeal. The immediate supervisor shall write a disposition aggrieved party will receive at least two (2) school day's notice of the grievance meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after such meeting by completing Step II the decision of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) school days of the receipt of its disposition the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step II3 administrator or his/her designated representative may be present at the meeting and state his/her views. Failure The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to file the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such appeal meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days from after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the written disposition appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step II shall constitute 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a waiver of the right review. In all matters referred to appeal. Within a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the grievance formfindings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Superintendent Board shall meet with the grievant. Within ten render its final decision within five (105) school days after receipt of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and the immediate supervisorHearing Officer's findings.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A grievant shall first discuss Level 1 With the grievance with Principal Any teacher may present a grievance, in writing, to the appropriate immediate supervisor. This meeting shall be on an informal basis and shall be held building principal within ten (10) school days following after the act event or condition decision upon which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by based comes to the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred attention of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievantteacher. The immediate supervisor principal shall write set a disposition of the grievance date within five (5) school days after such meeting by completing Step II which is mutually agreeable with the grievant for a hearing of the Grievance Report Form and returning a copy to grievance. Following the grievanthearing of the grievance, the Union principal shall give the grievant a written decision and rationale within the Superintendentnext five school days.
C. Step III Level 2 With the Superintendent If the grievant is not satisfied with the disposition decision of the grievance at Step IIprincipal, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent he/she may appeal in writing within five (5) school days of the receipt of the decision to the superintendent for a hearing of the grievance. The superintendent shall hear the grievance within five school days after the receipt of the request for hearing. Those attending the hearing with the superintendent shall include the grievant, a representative of the grievant, if desired, the building principal, if involved, and the superintendent. The superintendent shall give the grievant a written decision and rationale within five school days of the hearing. If the grievant wishes to meet with the superintendent rather than the designee, the parties will determine a mutually agreeable time.
Level 3 With the Board of Education In the event the grievant is not satisfied with the decision of the superintendent, he/she may appeal the decision to the board by notifying the superintendent in writing at least five (5) school days prior to the next regular meeting of the board. The superintendent shall place the grievance hearing on the agenda. The board may make its disposition decision immediately following the hearing; however, the board shall make a decision no later than the conclusion of their next regular board meeting. The clerk of the board will provide the grievant written notification as to the decision of the board and their rationale. Level 4 – Arbitration
a. If the grievance involves a claim by the grievant that there has been a violation, misapplication or misinterpretation of the agreement, and he/she is not satisfied by the decision at Step II. Failure level three, he/she may submit to file such appeal the association a request, in writing, within five (5) school days from of the receipt of the board’s decision that the association submit the grievance to arbitration. The association may, by written disposition at Step II shall constitute a waiver of notice to the right to appeal. Within board within ten (10) school days of after receipt of the request from the aggrieved person, submit the grievance formto arbitration if they feel the grievance involves a violation misapplication, or misinterpretation of the agreement.
b. Within ten school days after such written notice of submission to arbitration, the Superintendent shall meet with board or its designee, and the grievantassociation or its designee, will attempt to agree upon a mutually acceptable arbitrator and to obtain a commitment from such arbitrator to serve. Within If the parties are unable to agree upon an arbitrator or to obtain such commitment within ten (10) days school days, a request for a list of five arbitrators shall be made by either party to the American Association of Arbitrators in accordance with its procedures. Upon receipt of the meetinglist, the Superintendent parties shall write determine by lot which party shall have the right to strike the first name from the list. The party having the right to remove the first name shall do so within two (2) school days, and the parties shall have alternately strike until one name remains. The striking process shall take no more than three (3) school days. The person whose name remains on the list shall be the arbitrator.
c. The arbitrator, so selected, will confer with the representatives of the board and the association. If the board contends that the grievance does not involve a violation, misapplication or misinterpretation of the agreement, the arbitrator will determine whether an arbitrable issue exists. If an arbitrable issue exists, the arbitrator will hold hearings promptly and will issue his/her disposition decision no later than 20 school days from the date of the grievance by completing his/her portion close of Step IIIsuch hearings, or if oral arguments have been waived, then from the date of submission of the final statements and forwarding a copy proofs. Neither party shall assert in the arbitration proceedings any evidence which was not submitted to the grievant, other part in prior hearings on this grievance. The arbitrator may not make any decision which requires the Union commission of an act prohibited by law or which is in violation of the terms of the negotiated agreement. The decision of the arbitrator will be submitted to the board and the immediate supervisorassociation and will be final and binding upon the parties of interest. Neither the board nor the association shall appeal the ruling of the arbitrator to the district court or any other formal body.
d. The cost of the services of the arbitrator, including per diem, travel and hearing room expenses will be borne equally by the board and the association. All other expenses will be borne by the party incurring them.
Appears in 4 contracts
Sources: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
Procedure. A. Step I Level One. A grievant shall first discuss the grievance lodged with the Transportation Director or the appropriate immediate supervisor. This meeting shall administrator must be on an informal basis and shall be held within ten (10) working days following after the act grievant could reasonably be assumed to have known of the event or condition which is action giving rise to the basis for the alleged grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential Continuing grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievantrecognized. The immediate supervisor grievance conference shall write a disposition of the grievance occur within five (5) days after such meeting the grievance is filed. The grievant shall be accompanied by completing Step II of the Grievance Report Form and returning local Representative and/or any other OAPSE agent. Level Two. In the event a copy to the grievantgrievance has not been satisfactorily resolved at Level One, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step IIAssociation may file, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) days of the receipt Transportation Director's or of its disposition the appropriate administrator's written decision at Step IILevel One, a copy of the grievance with the Superintendent. Failure Within five (5) days after such written grievances is filed, the grievant, the Association Representative and the Principal, Superintendent and/or his designee shall meet to attempt to resolve the grievance. The Superintendent or his designee shall file such appeal his decision within five (5) days from receipt of the written Level Two filing and communicate it to the grievant and the Association. Level Three. If the aggrieved is not satisfied with the disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt Level Two of the grievance formprocedure, he/she/they may initiate Level Three of this procedure. The Association may refer the grievance to the arbitrator by giving written notice to the Superintendent and/or the Board of its desire to do so within thirty (30) days. The parties will mutually agree to either AMS or FMCS. The arbitrator shall meet with be chosen from a list provided by the grievant. Within ten Federal Mediation and Conciliation Service (10FMCS) or Arbitration Mediation Services (AMS) within thirty (30) days of the meetingreceipt of the Association's request for arbitration. The Board and the Association shall split the cost of the list. Selection and hearing shall be in accordance with the voluntary rules and regulations of the FMCS or AMS. 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 each party present at the hearing. The decision of the arbitrator shall be binding on both the Board and the Association. Renewal of limited contracts for employees may be taken through the grievance procedure, short of binding arbitration. Binding arbitration is specifically excluded from application to disputes over the renewal of employees whose contracts are in a noncontinuing status. The arbitrator shall expressly confine himself/herself to the precise issue(s) submitted for arbitration and shall have no authority to determine any other issue(s) not so submitted to him/her or to submit observations or declarations of opinion which are not directly essential in reaching the final decision or in any way interfere with management prerogatives involving Board discretion nor limit or interfere in any way with the powers, duties and rules and regulations having the force and effect of law. The cost for arbitration shall be paid by the losing party. The arbitration cost incurred by each party to the arbitration shall be paid by that party. In a case where there is no clear losing party, the Superintendent shall write his/her disposition of arbitrator has the grievance by completing his/her portion of Step III, right and forwarding a copy duty to apportion the grievant, the Union and the immediate supervisorcosts to each party as that arbitration case dictates.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I Level One. A grievant shall first discuss the grievance lodged with the Transportation Director or the appropriate immediate supervisor. This meeting shall administrator must be on an informal basis and shall be held within ten (10) working days following after the act grievant knew or condition should have known of the event or action giving rise to the alleged grievance. Continuing grievances shall be recognized but any relief afforded may be limited to the time period within which grievances are to be filed. The grievance conference shall occur within five (5) work days after the grievance is the basis for the grievancefiled. The grievant shall let it be known that accompanied by the meeting is local Representative and/or any other OAPSE agent. Level Two. In the Informal Step 1 event a grievance has not been satisfactorily resolved at Level One, the Association may file, within five (5) work days of the Transportation Director's or of the appropriate administrator's written decision at Level One, a copy of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to with the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisorSuperintendent. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) work days after such meeting by completing Step II of the Grievance Report Form and returning a copy to written grievances is filed, the grievant, the Union Association Representative and the Superintendent.
C. Step III If Principal, Superintendent and/or his designee shall meet to attempt to resolve the grievant is not satisfied with the disposition of the grievance at Step II, the grievant grievance. The Superintendent or his designee shall complete Grievance Report Form, Step III, and submit same to the Superintendent his decision within five (5) days of the receipt Level Two meeting and to the grievant and the Association. For all grievances except those protesting an employee’s termination the decision of its the Superintendent at Level Two shall be the final decision in the grievance procedure. Level Three. Only grievance protesting an employee’s termination may be advanced to Level Three. If the aggrieved is not satisfied with the disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt Level Two of the grievance formprocedure, he/she may initiate Level Three of this procedure. The Association may refer the grievance to the arbitrator by giving written notice to the Superintendent shall meet with and/or the grievant. Within ten Board of its desire to do so within thirty (1030) days of the meetingdate on the Level Two decision. The parties will mutually agree to either AMS or FMCS. The arbitrator shall be chosen from a list provided by the Federal Mediation and Conciliation Service (FMCS) or Arbitration Mediation Services (AMS). The Board and the Association shall split the cost of the list. Selection and hearing shall be in accordance with the voluntary rules and regulations of the FMCS or AMS. 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 each party present at the hearing. The decision of the arbitrator shall be binding on both the Board and the Association, and the Bargaining Unit members. Renewal of limited contracts for employees may be taken through the grievance procedure, short of binding arbitration. Binding arbitration is specifically excluded from application to disputes over the renewal of employees whose contracts are in a noncontinuing status. The arbitrator shall expressly confine himself/herself to the precise issue(s) submitted for arbitration and shall have no authority to determine any other issue(s) not so submitted to him/her or to submit observations or declarations of opinion which are not directly essential in reaching the final decision or in any way interfere with management prerogatives involving Board discretion nor limit or interfere in any way with the powers, duties and rules and regulations having the force and effect of law. The Arbitrator shall have no power to add to, delete from, disregard or modify any of the terms of the Agreement. The cost for arbitration shall be paid by the losing party. The arbitration cost incurred by each party to the arbitration shall be paid by that party. In a case where there is no clear losing party, the Superintendent shall write his/her disposition of arbitrator has the grievance by completing his/her portion of Step III, right and forwarding a copy duty to apportion the grievant, the Union and the immediate supervisorcosts to each party as that arbitration case dictates.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A grievant shall first discuss 1. Any employee who believes he/she has a grievance must submit the grievance with the appropriate orally to his immediate supervisor. This meeting shall be on an informal basis and shall be held supervisor within ten five (105) days following after the act or condition which is the basis for employee reasonably should have had knowledge of the grievance. The grievant supervisor shall let it be known that the meeting is the Informal Step 1 of render his verbal decision within five (5) days after the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II levelis submitted.
B. Step II 2. If the grievance is not resolved settled in Step 1, it shall be reduced to writing, state the facts upon which it is based and when they occurred, specify the section of the Agreement which is alleged to have been violated, be signed by the informal procedure Step Igrieving employee and an Association Representative, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall and be submitted by the grievant to the immediate supervisorsupervisor or his designee within fifteen (15) days after the employee reasonably should have had knowledge of the grievance. Within The supervisor shall make a written reply within five (5) days of after receipt of the Grievance Report Formwritten grievance.
Step 3. If the grievance is not settled in Step 2, the immediate supervisor Association may submit a written request for a meeting with the Superintendent or his designee, which request shall be made within five (5) days after the Association's receipt of the Step 2 decision. The Superintendent or his designee and the Association representative, together with such additional representatives as either party may desire, shall meet with the grievant. The immediate supervisor shall write a disposition of and discuss the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning grievance is presented at this step. The Superintendent or his designee shall give a copy written answer to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent Association within five (5) days after the date of such meeting.
Step 4. If the receipt of its disposition at grievance is not settled in Step II. Failure to file such appeal 3, the Association may within five ten (510) days from receipt after the Employer's Step 3 decision, appeal the grievance to the Board of Education. The Board of Education will meet to consider the grievance at the next regularly scheduled Board meeting and will give its written disposition at Step II shall constitute a waiver of the right to appeal. Within decision within ten (10) days of receipt of that meeting.
Step 5. If the grievance formis not settled in Step 4, the Superintendent shall meet with the grievant. Within Association may, within ten (10) days after the Employer's Step 4 decision, submit the grievance to binding arbitration in accordance with the American Arbitration Association's Voluntary Labor Arbitration Rules. The arbitrator shall have no authority to alter, add to, subtract from, or disregard the expressed terms of the meeting, the Superintendent shall write this Agreement or to substitute his/her disposition judgment for that of the grievance by completing his/her portion of Step III, and forwarding a copy Employer or Association as to the grievantreasonableness of the provisions of this Agreement. The arbitrator shall have no power to rule on an issue excluded from the grievance procedure or arbitration by the terms hereof, to establish salaries or wage schedules different than those provided in this Agreement or to award damages other than back pay. The arbitrator shall also have no authority to interpret law or issue a ruling on a subject where there is a procedure available under law for seeking relief. The cost of the Union arbitrator shall be borne by the losing party. An arbitrator's award shall not be made retroactive beyond the date of the occurrence or nonoccurrence of the event upon which the grievance is based and the immediate supervisorarbitrator shall have no power to issue a back pay award for a period to exceed ten (10) days prior to the date the written grievance was filed. The decision of the arbitrator shall be final and binding subject to review in accordance with the applicable standards for judicial review.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A grievant EASMC and the Board shall first discuss bear its own expenses in these arbitration proceedings, except that they shall share equally the fee and other expenses of the arbitrator in connection with the grievance with submitted to them.
a. Step 1 - The parties acknowledge that it is most desirable for an employee and the appropriate immediate supervisoradministrator who made the decision on the issue being grieved to resolve any problem relating to the terms of the Agreement through free and informal communications. This However, if such informal processes fail to satisfy the employee, the problem may be further processed as a grievance provided that the grievance is submitted in writing within 20 days of the alleged grievance.
b. Step 2 - The grievant must submit the grievance in writing to the administrator who made the decision on the issue being grieved. The administrator will arrange for a meeting shall be on an informal basis and shall be held to take place within ten (10) four days following the act or condition which is the basis for after receipt of the grievance. The grievant shall let it be known that and the meeting is the Informal Step 1 of the grievance procedure. All potential grievances administrator shall be submitted to a Union Grievance Committee composed of one present for the meeting. EASMC and/or the Board’s representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if may be present at this step and any step thereafter. The administrator shall provide the grievant elects not to use the informal procedure, it may be pursued further by submitting with a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of answer on the grievance within five (5) four days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendentmeeting.
C. c. Step III 3 - If the grievant is not satisfied with the disposition of decision rendered by the grievance administrator at Step II2, the grievant shall complete Grievance Report Form, Step III, and submit same then they may appeal to the Superintendent within five (5) six days of the receipt of its disposition at Step IIthe decision of the administrator. Failure The Superintendent shall arrange for a meeting with the grievant to file such appeal take place within five (5) days from of their receipt of the written disposition at Step II appeal. Each party shall constitute a waiver of have the right to appealinclude in its representation such witnesses and counselors as it deems necessary to develop facts pertinent to the grievance. Within ten (10) days of receipt Upon conclusion of the grievance formhearing, the Superintendent shall meet with the grievant. Within will have ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy in which to provide their written decision to the grievant.
d. Step 4 - If the grievant is not satisfied with the decision of the Superintendent in Step 3, or if the Superintendent fails to render a decision within the prescribed time, the Union grievance may within 15 days be submitted to arbitration by EASMC under the Voluntary Labor Rules of the American Arbitration Association. The arbitrator shall have no authority to add to, alter, amend or modify any provision of this Agreement or to make any award which will in any way deprive the Board of any of the powers delegated to the Board by law. The award, in writing, of the arbitrator, except as noted in the above statement, shall be final and binding on the aggrieved and the immediate supervisorBoard.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A Level One - Immediate Supervisor The grievant shall first discuss the grievance with the appropriate immediate supervisor with the objective of resolving the grievance. Within thirty (30) days after the date of the occurrence of the act or omission giving rise to the grievance, the grievant shall formally present his or her grievance in writing to his or her immediate supervisor. This meeting The written grievance shall be on an informal basis include a clear, concise statement of the grievance, the circumstances involved, a listing of the provisions of the Agreement which are alleged to have been violated, and shall be held within a statement of the action(s) requested of the District to resolve the grievance. Within ten (10) days following the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of after receipt of the Grievance Report Formwritten grievance, the immediate supervisor shall meet with the grievant, and the grievant’s representative if so desired. The immediate supervisor shall write a disposition of the grievance within Within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning thereafter, a copy written decision shall be given to the grievant, the Union and the Superintendent.
C. Step III . Level Two - Superintendent If the grievant is not satisfied with the disposition of the grievance decision at Step IILevel One, the grievant shall complete Grievance Report Formhe or she may, Step III, and submit same to the Superintendent within five (5) days days, appeal the decision in writing to the Superintendent or his or her designee. The written grievance shall include a clear, concise statement of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt grievance and the circumstances involved, a listing of the written disposition at Step II shall constitute a waiver provisions of the right Agreement which are alleged to appealhave been violated, and a statement of the action(s) requested of the District to resolve the grievance. Within ten (10) days of after receipt of the grievance formwritten grievance, the Superintendent or designee shall meet with the grievant and the grievant's representative. Within five (5) days thereafter, a written decision shall be given to the grievant. Within ten When the Association is considered to be the grievant, as defined in Section 1, Level Two shall be the initial step in the procedure. The Association shall formally present its grievance in writing to the Superintendent within thirty (1030) days of the meetingdate of the occurrence of the act or omission giving rise to the grievance. The written grievance shall include a clear, the Superintendent shall write his/her disposition concise statement of the grievance by completing his/her portion and the circumstances involved, a listing of Step IIIthe provisions of the Agreement which are alleged to have been violated, and forwarding a copy statement of the action(s) requested of the District to resolve the grievance. The remaining time limits shall be the same as for all other grievances filed at Level Two. Level Three - Arbitration If the grievance is not resolved at Level Two, the grievant may present a request for arbitration, in writing, to the grievantSuperintendent, within fifteen (15) days of the date the decision was rendered at Level Two. As soon as practicable thereafter, or as otherwise agreed to by the parties, an arbitrator shall hear the grievance. The parties shall either sign a joint issue submission statement or execute and sign separate alternate issue statements after discussion of the issue(s). The fees and expenses of the arbitrator shall in all cases be shared equally by the District and the Association. Arbitration hearings shall be in private. The arbitrator shall be selected by the mutual agreement of the parties. If the parties cannot agree upon an arbitrator, a list of seven (7) names shall be requested from the American Arbitration Association (AAA), and selection shall proceed by AAA rules. Should this process fail to yield a selection, the Union and the immediate supervisor.parties shall request a second list of seven
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Procedure. A. Step I A grievant shall first discuss 1. An employee and his union representative having a grievance must meet with his immediate supervisor for a simple direct decision, if possible. If “Step 1” does not resolve the grievance, the immediate supervisor will issue his written answer to the grievance within seven (7) City business days. Nothing in this agreement prohibits the Union from filing a grievance on a member’s behalf.
Step 2. If the grievant desires to further process the grievance, it shall be referred in writing to the Fire Chief, or his designee, within seven (7) City business days of receipt of the “Step 1” response. The Fire Chief, or his designee, shall meet with the appropriate immediate supervisorgrievant and his union representative within seven (7) City business days of receipt of the referral. This meeting The Fire Chief, or his designee, shall be on an informal basis and shall be held issue his written answer to the grievance within ten (10) days following the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) City business days of receipt of the grievance formreferral.
Step 3. If the grievant desires to further process the grievance, the Superintendent grievance may be referred in writing to the City Manager, or his designee, within seven (7) City business days of the receipt of the “Step 2” response. The City Manager, or his designee, shall meet with the grievantgrievant and/or his representatives within seven (7) City business days of receipt of the referral. Within The City Manager, or his designee, shall issue a written answer to the grievance within ten (10) City business days of the meeting, the Superintendent shall write his/her disposition receipt of the grievance by completing his/her portion of Step IIIreferral. If the Fire Chief, and forwarding or the City Manager, appoints a copy to the grievantdesignee under this Section, the Union and designee shall not be the immediate supervisorsame supervisor who issued the prior written answer at the previous step, provided, however, that the informal meeting provided for in Section 5.2 does not prohibit any supervisor from participating in the later grievance procedure steps.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. In cases where the immediate supervisor or administrator has no involvement in the circumstances giving rise to the grievance, the informal conference shall be held with the Superintendent or designee. If not settled, the grievance shall follow Step I A Two as it applies.
1. Step One
a. Any member who has a grievance shall first try to resolve it with their immediate supervisor or administrator, or the person who has the power to grant the remedy.
b. If, as a result of the informal discussion in (a), the matter is not resolved to the satisfaction of the grievant, the grievant shall first discuss set forth their grievance in writing to their administrator and/or their immediate supervisor within five contract (5) days after the grievance with the appropriate immediate supervisor. This meeting shall be on an informal basis and discussion.
c. A formal conference shall be held within ten five contract (105) days following after the act or condition which is administrator receives the basis for written copy of the grievance. The grievant conference shall let it be known that include the meeting is grievant, their representative, if they wish, the Informal Step 1 administrator and the immediate supervisor, or a person of the grievance procedureadministrator choice. All potential grievances The administrator shall be submitted to render a Union Grievance Committee composed of one representative from each classification for approval prior to going to decision in writing within five (5) contract days following the Step II levelconference.
B. 2. Step II Two
a. If the grievance is has not been resolved by to the informal procedure Step I, or if grievant’s satisfaction after receiving the grievant elects not to use written decision from the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance formadministrator, the grievant must clearly indicate the Article and/or paragraph may appeal in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant writing to the immediate supervisor. Within Superintendent within five contract (5) days of receipt receiving the written decision from the administrator.
b. The grievant may request non-binding mediation as an alternative to a Superintendent hearing. If the parties mutually agree to mediate, selection of a mediator will be made using the Grievance Report Formsame process described in this article (Section F3) for selecting an arbitrator. The parties will schedule to meet with a mediator to attempt to resolve the grievance. In the event the parties are unsuccessful in resolving the dispute within twenty contract (20) days, then the grievant may appeal to Level E or F where applicable.
c. If the parties do not mutually agree to mediate, the immediate supervisor Superintendent shall meet with the grievant. The immediate supervisor shall write grant a disposition of the grievance hearing within five contract (5) days after such meeting by completing Step II of receiving the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step IIIappeal, and submit same to the Superintendent they shall render a decision within five contract (5) days of after the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance form, the Superintendent shall meet with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and the immediate supervisorhearing.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I 1. Level One A grievant shall first discuss the grievance lodged with a principal or the appropriate immediate supervisor. This meeting shall administrator must be on an informal basis and shall be held within ten (10) working days following after the act grievant could reasonably be assumed to have known of the event or condition which action giving rise to the alleged grievance. Continuing grievances shall be recognized. The grievance conference shall occur within five (5) working days after the grievance is the basis for the grievancefiled. The grievant shall let it be known that accompanied by the meeting is local Representative and/or any other OEA/NEA agent.
2. Level Two In the Informal Step 1 event a grievance has not been satisfactorily resolved at Level One, the Association may file, within five (5) working days of the Principal’s or of the appropriate administrator’s written decision at Level One, a copy of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to with the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisorSuperintendent. Within five (5) working days of receipt of the Grievance Report Formafter such written grievance is filed, the immediate supervisor grievant, the Association Representative and the Principal, Superintendent and/or his designee shall meet with to attempt to resolve the grievantgrievance. The immediate supervisor Superintendent or his designee shall write a disposition of the grievance file his decision within five (5) working days after such meeting by completing Step II of the Grievance Report Form Level Two filing and returning a copy communicate it to the grievant, the Union grievant and the SuperintendentAssociation.
C. Step III 3. Level Three If the grievant aggrieved is not satisfied with the disposition at Level Two of the grievance at Step IIprocedure, he/she/they may initiate Level Three of this procedure. The Association and the grievant shall complete Grievance Report Form, Step III, and submit same aggrieved may refer the grievance to an arbitrator by giving written notice to the Superintendent and/or the Board of its desire to do so. The parties shall file a joint request for a list of arbitrators from the Federal Mediation and Conciliation Service (FMCS) or Arbitration Mediation Services (AMS) within five fifteen (515) working days of the appeal to arbitration. The cost of the list or obtaining the panel shall be paid by the losing party. The arbitrator shall be chosen from a list provided by the Federal Mediation and Conciliation Service (FMCS) or Arbitration Mediation Services (AMS) within thirty (30) days of the receipt of its disposition at Step IIthe FMCS list of arbitrators. Failure Either party may reject one (1) list by notifying the other party prior to file such appeal within five (5) days from receipt striking names. The party requesting the new list shall be responsible for the cost. Selection and hearing shall be in accordance with the voluntary rules and regulations of the written disposition FMCS or AMS. 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 each party present at Step II shall constitute a waiver the hearing. The decision of the right to appeal. Within ten (10) days of receipt of arbitrator shall be binding on both the grievance form, the Superintendent shall meet with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union Board and the immediate supervisorAssociation.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A grievant One: An attempt shall first discuss the be made to resolve any grievance with the appropriate in informal, verbal discussion between complainant and his or her immediate supervisor. This meeting shall be on an informal basis and shall be held within ten (10) days following the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II Two: If the grievance is cannot be resolved by informally, the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On aggrieved employee shall file the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred writing within 25 days of the express occurrence of the event. The written provisions grievance shall state the nature of this Agreement. A copy the grievance, shall note the specific clause or clauses of this form the agreement allegedly violated and shall be submitted by state the grievant to the immediate supervisorremedy requested. Within five (5) 15 days of receipt of the Grievance Report Formgrievance, the immediate immediately involved supervisor shall meet will arrange for a meeting to take place with the grievantgrievant and, if desired, a local Association representative. The immediate supervisor shall write who has authority to make a disposition of decision on the grievance shall make such decision and communicate it in writing to the employee and superintendent within five (5) 15 days after such the Step Two meeting by completing Step II of with the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendentemployee.
C. Step III If Three: In the grievant is event a grievance has not satisfied with been satisfactorily resolved at Step Two, the disposition aggrieved employee shall within 10 days of the immediate supervisor’s written decision or answer at Step Two, file a copy of the grievance at Step II, with the grievant shall complete Grievance Report Form, Step III, and submit same superintendent. The aggrieved employee may send a copy of such grievance to the Superintendent within five (5) days of the receipt of its disposition at Step IIAssociation president. Failure to file such an appeal within five (5) with 10 days from receipt of the written disposition at Step II shall constitute be deemed a waiver of the right to appeal. Within ten (10) 10 days of receipt after such written grievance is filed, the aggrieved, a representative of the grievance formaggrieved as desired, the Superintendent principal and the superintendent or his designee, shall meet with to resolve the grievantgrievance. Within ten (10) The superintendent or his designee shall file an answer within 10 days of the meeting, the Superintendent shall write his/her disposition of the Step Three grievance by completing his/her portion of Step III, meeting and forwarding a copy communicate it in writing to the grievantemployee, the Union and the immediate supervisor, and the Association president.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I Since it is important that the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as a maximum, and every possible effort should be made to expedite the process. The time limits contained in this Article may be extended by mutual agreement. In the event a grievance is filed which might not be resolved finally at Level Four under the time limits set forth herein by the end of the school year and could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced if at all practicable so that the grievance procedure may be exhausted prior to the end of the school term or as soon thereafter as possible. During the summer all references to school days shall be read as calendar days. It is agreed that where the immediate supervisor is the Principal, Levels One and Two may be combined to expedite the grievance process. A grievant shall grievance that cannot be resolved by the Principal at Level One or Two may be filed at the Level at which it may reasonably be resolved, i.e., Level Three.
1. Level One: A teacher with a grievance will first discuss it with his/her Principal or immediate supervisor, either directly or through the Association's representative, with the object of resolving the matter informally, or file the grievance with at Level Two. Except for class action grievances, the appropriate immediate supervisor. This meeting shall grievance must be on an informal basis and shall be held presented in writing within ten thirty (1030) calendar days following from the act date the grievant knows or condition which is should reasonably have known of the basis for event given rise to the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance answered within five (5) school days after such meeting by completing Step II a hearing. Class action grievances must be presented in writing within thirty (30) calendar days from the date that the Narragansett Teachers' Association President knows or should reasonably have known of the Grievance Report Form and returning a copy event giving rise to the grievant, the Union and the Superintendentgrievance.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance form, the Superintendent shall meet with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and the immediate supervisor.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A STEP ONE Within twenty (20) school days of the time that the grievant knew, or reasonably should have known, of the grievance, the grievant shall first discuss the grievance with the appropriate immediate supervisor. This meeting shall be on an informal basis and shall be held within ten (10) days following the act or condition which is the basis for present the grievance, either personally or accompanied by the local Area 30 Certified Employee Organization representative, to the Director orally. The grievant shall let it be known that Within three (3) working days after the meeting is the Informal Step 1 oral presentation of the grievance procedure. All potential grievances grievance, the Director shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to orally answer the Step II levelgrievant.
B. Step II STEP TWO
1. Within three (3) school days of the oral answer, if the grievance is not resolved, it shall be stated in writing, signed by the grievant and submitted to the Director on the form provided in Appendix A.
2. The grievance shall (1) name the employee involved, (2) state the facts giving rise to the grievance, (3) identify the specific provisions of the Agreement alleged to be violated, (4) state the contention of the grievant with respect to the grievance and, (5) indicate the specific relief requested.
3. Within Five (5) school days after receiving the written grievance, the Director shall communicate his answer in writing to the grievant.
4. If, in the judgment of the Area 30 Employee Organization, a grievance affects a group or class of teachers, the Area 30 Certified Employee Organization may submit such grievance in writing to the Director or his designee directly and the processing of such grievance shall be commenced at step two of the formal grievance procedure.
C. STEP THREE
1. If the grievance is not resolved by the informal procedure in Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance formTwo, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplicationmay, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within within five (5) school days of receipt of the Grievance Report FormDirector's answer, appeal to the Board by filing the grievance and the Director's answer, along with any written response of the grievant to the answer of the Director, with the Office of the Director, which shall issue a receipt thereof.
2. Within ten (10) working days, after the grievant has filed his written grievance with the Office of the Director as specified in Step Three, Item 1 above, the immediate supervisor Board shall meet with hold a hearing on the grievantGrievance at a regular or special meeting.
3. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Board may not consider any material or allegation that was not presented in Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the SuperintendentTwo.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal4. Within ten (10) days of receipt after the hearing of the grievance form, the Superintendent shall meet Board with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and Board or its designated representative shall give the immediate supervisorgrievant its decision in writing.
Appears in 3 contracts
Sources: Tentative Agreement, Master Contract, Tentative Agreement
Procedure. A. The parties agree to act in good faith to attempt to resolve the grievance promptly and expeditiously. All grievances must be submitted in writing using the grievance form found in Appendix H, stating the facts of the complaint, the section(s) of this Agreement involved and the relief requested at the appropriate initial step. All grievances must progress through the appropriate steps in order to be considered unless the parties mutually agree in writing to file a grievance at an advanced step. A grievance shall be processed in the following manner:
Step I A 1 - After verbal notification to their immediate supervisor, any grievant who has a grievance shall first submit the same in writing to the supervising Lieutenant within five (5) calendar days after the grievant knows, or through the exercise of reasonable diligence, should have known of the event giving rise to the grievance. The supervising Lieutenant shall give a written answer within three (3) scheduled work days after receipt of the grievance.
Step 2 - If the grievance is not settled in Step 1 and an Officer or the Association wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be referred in writing to the Police Chief within three (3) calendar days of the response, from the supervising Lieutenant. Each Step 2 grievance shall be signed by the Police Officer or Association ▇▇▇▇▇▇▇. The Police Chief, or designated representative, shall discuss the grievance with the appropriate immediate supervisor. This meeting shall be on an informal basis Officer, the Association's designated representative and shall be held any additional persons the parties deem necessary within ten five (105) calendar days following the act or condition which is the basis for after receipt of the grievance. The grievant Police Chief shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted give a written answer to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) calendar days of the meeting.
Step 3 - If the grievance is not settled in Step 2 and the Association wishes to appeal, it shall be referred in writing to the City Manager and/or a designated representative within three (3) calendar days after such the Association Grievance Committee's approval of an appeal but in no event more than ten (10) days after the Police Chief's answer at Step 2. A meeting by completing Step II of between the Grievance Report Form City Manager and/or representative, the Police Officer, and returning the Association's designated representative shall be held at a copy time mutually agreeable to the grievantparties. This meeting shall be held not later than ten (10) calendar days after the grievance has been filed with the City Manager. Should the Association fail to attend the scheduled meeting, the Union grievance will be considered waived. If the grievance is settled as a result of such a meeting, the settlement shall be reduced to writing and signed by the City Manager, or his representative, and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant Association. The City Manager shall complete Grievance Report Form, Step III, and submit same to the Superintendent give a written response within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance form, the Superintendent shall meet with the grievant. Within ten (10) calendar days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and the immediate supervisor.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I 1. Level One – INFORMAL THEN WRITTEN A grievant teacher shall first discuss the alleged grievance with the appropriate immediate supervisorprincipal personally or accompanied by the teacher’s Association Representative. This meeting shall be on an informal basis and shall be held within ten (10) days following the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved resolved, the teacher may invoke the formal grievance procedure through the Association on the proper form, furnished by the informal procedure Step IBoard, or if within thirty (30) calendar days. Extensions of the time to file will be freely granted upon the first request. The grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On shall deliver one (1) copy of the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisorprincipal and a second copy to the Association President. Within five one (51) days calendar week of receipt of the Grievance Report Formwritten grievance, the immediate supervisor principal shall meet with a designated representative of the grievantAssociation. The immediate supervisor principal shall write a indicate his/her disposition in writing within one (1) calendar week of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendentmeeting.
C. Step III 2. Level Two - SUPERINTENDENT If the grievant Association is not satisfied with the disposition, or if no disposition of has been made within two (2) calendar weeks, from the date the written grievance was filed or thirty (30) days after the alleged violation, whichever is later, the grievance at Step II, shall be transmitted to the grievant shall complete Grievance Report Form, Step III, and submit same Superintendent. If the grievance is not forwarded to the Superintendent within five thirty (530) calendar days after the teacher or Association knew or should have known of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of act or condition on which the written disposition at Step II grievance is based, then the grievance shall constitute a waiver of the right to appealbe considered as waived. Within ten one (101) days of receipt of the grievance formcalendar week from receipt, the Superintendent or designee shall meet with the grievantAssociation to hear the grievance. Within ten If school is not in session, the time lines will automatically be extended to either two (10s) calendar weeks or, at either party’s choice, extended until school days are back in session. During the School year, disposition to the Association in writing will be within one (1) calendar week following the meeting. If the Association is not satisfied with the Superintendent’s or Designee’s answer, or no answer is received within two (2) calendar weeks from the date of filing with the Superintendent/Designee, the grievance may be submitted to the next level within two (2) additional calendar weeks.
3. Level Three - MERC MEDIATION If either party requests, the services of MERC mediator will be sought and used in an attempt to resolve the grievance short of arbitration. If the MERC mediator cannot meet within 3 weeks, the moving party may insist that MERC mediation step is skipped and file for arbitration. Level 4 timelines begin after Mediation is concluded or skipped.
4. Level Four – ARBITRATION If the Association elects to submit the grievance to arbitration, it shall notify the Superintendent in writing within three (3) calendar weeks following the disposition at Level Two or Level Three, if applicable.
a. An Arbitrator shall be selected by the American Arbitration Association in accord with its rules, which shall likewise govern the arbitration proceeding.
b. The Arbitrator so selected shall confer with representatives of the meetingBoard and Association; shall hold hearings promptly; and shall issue a decision not later than Thirty (30) calendar days from the date of the close of the hearings or, if oral hearings have been waived, then from the date the final statements and proofs are submitted to the Arbitrator. The Arbitrator’s decision shall be in writing and shall set forth findings of fact, reasoning, and conclusions on the issues submitted. The Arbitrator shall be without power and authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of this Agreement.
c. The parties shall usually not be permitted to assert in such arbitration proceeding any ground, or to rely on any evidence, not previously disclosed to the other party. If however, such ground or evidence is asserted or relied upon, the Superintendent other party may elect to postpone the hearing in order to have time to investigate and submit a rebuttal to that new evidence or ground.
d. The Arbitrator shall write his/her disposition have no power to alter, add, to or subtract from the terms of this Agreement.
e. Both parties agree to be bound by the Arbitrator’s award and agree that judgment thereon may be entered in any court of competent jurisdiction for the enforcement of the grievance Arbitrator’s award.
f. The fees and expenses of the Arbitrator shall be shared equally by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and the immediate supervisorparties.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A grievant The number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. All grievances, support of grievances, answers, and decisions shall first be in writing beginning with Level II, and must be submitted on the Grievance Form. The Grievance Report Form shall be available in the following places: Superintendent’s office, High School Principal's office, Elementary Principal's office, Community Ed office, Local Association President’s office and Middle School Office. All grievances must follow the steps described in this agreement starting with level one (I) and ending with level (V), with the exception of class or group grievances which have their own procedures (see Section C on Class or Group Grievances). In the event that there is a failure to appeal a decision at any level within the specified time lines, said failure shall be deemed an acceptance of the decision at that level and further proceeding of the case shall be prohibited. The teacher has at his/her disposal three (3) procedures for handling his/her grievance: 1) he/she may proceed to process the grievance by himself/herself, 2) with the Association agent, 3) he/she may elect to have the Association agent confer for him/her.
a. Level One - Oral - Immediate Supervisor: The aggrieved believing that there has been a violation shall within ten (10) school days of the alleged occurrence of the grievance, orally discuss the grievance with the appropriate immediate supervisorBuilding Principal and the representative of the Local Association in an attempt to resolve the matter. This meeting shall If no resolution is obtained following the discussion, the grievance will continue in accordance with Level Two, on the Grievance form as shown in the Appendix. An oral grievance must contain the following:
1. A synopsis of the facts giving rise to the alleged violation.
2. Specific sections or subsections of the contract alleged to have been violated.
3. Specific relief requested.
b. Level Two - Written - Immediate Supervisor: Any written grievance filed by the aggrieved must be on an informal basis received within twenty (20) school days from the alleged violation and shall be held within no later than ten (10) days following after the act or condition which is the basis for the grievanceLevel I meeting. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification Board hereby designates for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance formits representatives for such purposes, the grievant must clearly indicate Principal in each school building and the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisorprogram administrator for programs not having a principal. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) school days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance formgrievance, the Superintendent grievant and/or local association representative shall meet with the grievantbuilding principal or program administrator in an effort to resolve the grievance. Within ten (10) days The written grievance must include:
1. The signature of the meeting, the Superintendent shall write his/her disposition Association President or Grievance Chair.
2. A synopsis of the grievance by completing his/her portion of Step III, and forwarding a copy facts giving rise to the grievant, alleged violation.
3. Specific sections or subsections of the Union and the immediate supervisorcontract alleged to have been violated.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Procedure. A. Step I A 1. Level One (1) - Within twenty-one (21) days of the occurrence of the grievance, or within twenty-one (21) days of the time that the aggrieved party becomes aware of the occurrence of the grievance, or with reasonable diligence should have become aware of the occurrence of the grievance, the grievant shall first discuss present the appropriate administrator with the signed, written complaint on the appropriate form. An attempt to resolve the grievance with the appropriate immediate supervisor. This meeting through co-mediated discussion shall be on an informal basis and shall be held made within ten (10) days following the act or condition which is the basis for the grievancefourteen days. The grievant shall let it be known that the meeting is the Informal Step 1 administrator must render a decision within seven days of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II levelco-mediated discussion.
B. Step II 2. Level Two (2) - If the grievance is not resolved by at Level One (1), the informal procedure Step I, or if the grievant elects not to use the informal procedure, it decision may be pursued further by submitting a completed Grievance Report Form. On appealed in writing on the grievance form, appropriate form to the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred office of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) Superintendent or designee within seven days of the receipt of the Grievance Report FormLevel One (1) decision. If the grievance is properly appealed, the immediate supervisor Superintendent or designee shall meet with the grievantaggrieved party, Association representative, and the parties of interest within seven days to discuss and attempt to resolve the grievance. The immediate supervisor decision reached in Level Two (2) shall write a disposition of be issued in writing to the aggrieved party if not represented by the Association and to the Association no later than fourteen (14) days following the Level Two (2) meeting.
3. Level Three (3) - If the grievance within five has not been resolved at Level Two (5) days after such meeting by completing Step II of 2), the Grievance Report Form and returning a copy decision may be appealed to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent Board for consideration within five (5seven(7) days of the receipt of the Level Two (2) decision or within fourteen (14) days of the date of the meeting in the event no decision has been rendered, by filing a written copy thereof with the Clerk of the Board and with the Superintendent or designee. The Board or a committee thereof shall meet with the aggrieved party, Association representative, and the parties of interest at its next regular meeting. The disposition of the grievance shall be indicated in writing to the aggrieved and to the Association if not represented by the Association no later than the next regularly scheduled Board meeting following the meeting during which the grievance was originally considered by the Board or committee thereof.
4. Level Four (4)-
a) If the grievance remains unresolved at Step II. Failure the conclusion of Level Three (3), the grievance may be submitted to file such appeal the Board by the Association for binding arbitration, provided written notice of the request for submission to arbitration is delivered to the Clerk of the Board and to the Superintendent or designee within five fourteen (514) days of the date of receipt of the decision at Level Three (3) or within twenty-one (21) days of the date of the Level Three (3) meeting in the event no decision has been rendered.
b) If the parties cannot agree as to the arbitrator within seven (7) days from the date of notification that arbitration will be pursued, the Board of Personnel Appeals shall be called upon to submit a list of seven (7) names of arbitrators. Within seven (7) days of the receipt of the written disposition at Step II list, the parties shall constitute select an arbitrator by striking names from the list in alternate order, and the name thus remaining shall be forwarded to the Board of Personnel Appeals. The Board of Personnel Appeals shall notify the arbitrator of his/her selection. The date of the arbitration hearing shall be arranged by the arbitrator in consultation with the Board and the Association. Within thirty (30) days of the date the hearing is closed, the arbitrator shall make an award unless other time limits are required of the arbitrator.
c) Rules of procedure to govern the hearing shall be fixed by the arbitrator, and the award, when signed by the arbitrator and submitted to the Association and to the Board within the prescribed time limits, shall be final and binding and shall be subject to rulings in a court of competent jurisdiction.
d) The arbitrator shall have no power to add to, subtract from, or alter or vary in any way the express terms of this Agreement, nor imply any restriction or burden against either party that has not been assumed in this Agreement. The arbitrator shall have no authority to rule on a non-germane issue of law.
e) The fees and expenses of the arbitrator shall be shared jointly and equally between the Board and the Association. Neither party shall be required to pay any part of the cost of a stenographic record without its consent, provided that failure of a party to share the cost of such record shall be deemed a waiver of the party's right to appeal. Within ten (10) days of receipt of the grievance form, the Superintendent shall meet with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy access to the grievant, the Union and the immediate supervisorrecord.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A grievant shall first discuss Class or group grievances will follow the grievance with steps and time lines specific to them, beginning at the appropriate immediate supervisorSuperintendent level. This meeting In the event that there is a failure to appeal a decision at any level within the specified time lines, said failure shall be on deemed an informal basis acceptance of the decision at that level and further proceeding of the case shall be held within ten (10) days following the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II levelprohibited.
B. Step II If the grievance is not resolved by the informal procedure Step I, a. Level One - Oral - Superintendent The Association President or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant Chair must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent or designee within five (5) days of the receipt of its disposition at Step IIperceived contract violation in an effort to resolve the problem. Failure to file such appeal within five (5) days from receipt The oral discussion must include:
1. A synopsis of the written disposition at Step II shall constitute a waiver facts giving rise to the alleged violation.
2. Specific sections or subsections of the right contract alleged to appealhave been violated.
3. Within Specific relief requested. If no resolution is obtained following the discussion, the grievance will continue in accordance with Level II on the grievance form shown in the appendix.
b. Level Two - Written - Superintendent Any written grievance filed by the Association must be received by the Superintendent within ten (10) school days of receipt from the alleged violation. The written grievance must include:
1. The signature of the grievance form, Association President or Grievance Chair.
2. A synopsis of the facts giving rise to the alleged violation.
3. Specific sections or subsections of the contract alleged to have been violated.
4. Specific relief requested. The Superintendent shall meet with respond to the grievant. Within Association within ten (10) days of the meetingreceipt of the written grievance form. If the response at this level is not satisfactory, the Association may request the grievance move to the next level.
c. Level Three - Board The Superintendent shall write his/her disposition must receive the request to move to Level III within five (5) days of the grievance by completing his/her portion date of Step III, and forwarding a copy the Level II response. The Association request to move to Level III must be received at least five (5) days prior to the grievantnext regular Board meeting in order to be considered at that meeting. When the Board considers the grievance it may:
1. Hold a hearing, or
2. Designate one or more members to hold a hearing, or
3. Otherwise investigate the Union and grievance or prescribe such procedure as it may deem appropriate for consideration of the immediate supervisorgrievance. Final Board level response must be within ten (10) days of the Board meeting in which the grievance was heard unless an extension is mutually agreed upon.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Procedure. A. Procedure for Verbal and Written Reprimands
A) For Verbal and Written Reprimands, if an employee commits an infraction and a counseling is not utilized, he or she will be given a Verbal Reprimand and be placed in Step I One of the disciplinary procedure. A grievant shall first copy of the reprimand will be given to the employee, the Union representative, and the Union President. A Verbal Reprimand must be served within fifteen (15) workdays of the City having gained knowledge of the infraction. the employee will be notified in writing of the pending charges and the date, time and location of the meeting to discuss the grievance infraction. The reprimand It should be served done in a private manner which would not cause embarrassment to the employee.
B) For Written Reprimands, if an employee commits an infraction within twelve (12) months of a Verbal Reprimand, he or she will be given a Written Reprimand and be placed in Step Two of the disciplinary procedure. A copy of the reprimand will be given to the employee, the Union representative, and the Union President. A Written Reprimand must be served within fifteen (15) workdays of the City having gained knowledge of the infraction. The reprimand should be served in a private manner which would not cause embarrassment to the employee. The Local 2058 President, Vice President, or Chief ▇▇▇▇▇▇▇ or designee shall be notified of the meeting at which the reprimand is to be discussed and served. Preferably the meeting should occur within five (5) workdays after knowledge of the infraction is gained; but in no case more than fifteen (15) workdays thereafter.
C) The Union President, Vice President, Chief ▇▇▇▇▇▇▇, or designee is to be present along with the appropriate immediate supervisoremployee, the Division head and any other necessary management personnel. This The employee may not waive the presence of the Union President, Vice President, Chief ▇▇▇▇▇▇▇, or designee. CD) Reprimands may be appealed to Step Two of the grievance procedure. A meeting shall be on an informal basis and shall to review the matter is to be held within ten (10) days following the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to workdays, with a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five decision due within seven (57) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance form, the Superintendent shall meet with the grievantworkdays thereafter. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and the immediate supervisorNo further appeal is permitted.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I 1. Level One A grievant shall first discuss the grievance lodged with a principal or the appropriate immediate supervisor. This meeting shall administrator must be on an informal basis and shall be held within ten (10) working days following after the act grievant could reasonably be assumed to have known of the event or condition which action giving rise to the alleged grievance. Continuing grievances shall be recognized. The grievance conference shall occur within five (5) working days after the grievance is the basis for the grievancefiled. The grievant shall let it be known that accompanied by the meeting is local Representative and/or any other OEA/NEA agent.
2. Level Two In the Informal Step 1 event a grievance has not been satisfactorily resolved at Level One, the Association may file, within five (5) working days of the Principal’s or of the appropriate administrator’s written decision at Level One, a copy of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to with the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisorSuperintendent. Within five (5) working days of receipt of the Grievance Report Formafter such written grievance is filed, the immediate supervisor grievant, the Association Representative and the Principal, Superintendent and/or his designee shall meet with to attempt to resolve the grievantgrievance. The immediate supervisor Superintendent or his designee shall write a disposition of the grievance file his decision within five (5) working days after such meeting by completing Step II of the Grievance Report Form Level Two filing and returning a copy communicate it to the grievant, the Union grievant and the SuperintendentAssociation.
C. Step III 3. Level Three If the grievant aggrieved is not satisfied with the disposition at Level Two of the grievance at Step IIprocedure, he/she/they may initiate Level Three of this procedure. The Association and the grievant shall complete Grievance Report Form, Step III, and submit same aggrieved may refer the grievance to an arbitrator by giving written notice to the Superintendent and/or the Board of its desire to do so. The parties shall file a joint request for a list of arbitrators from the Federal Mediation and Conciliation Service (FMCS) or Arbitration Mediation Services (AMS) within five (5) working days of the appeal to arbitration. The cost of the list or obtaining the panel shall be split by the parties. The arbitrator shall be chosen from a list provided by the Federal Mediation and Conciliation Service (FMCS) or Arbitration Mediation Services (AMS) within thirty (30) days of the receipt of its disposition at Step IIthe FMCS list of arbitrators. Failure Either party may reject one (1) list by notifying the other party prior to file such appeal within five (5) days from receipt striking names. The party requesting the new list shall be responsible for the cost. Selection and hearing shall be in accordance with the voluntary rules and regulations of the written disposition FMCS or AMS. 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 each party present at Step II shall constitute a waiver the hearing. The decision of the right to appeal. Within ten (10) days of receipt of arbitrator shall be binding on both the grievance form, the Superintendent shall meet with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union Board and the immediate supervisorAssociation.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. 5.1 A grievance by a member or group of members will be handled in the following manner: Step I A One - The member or group of members, who wish to voice a grievance, may address the concern to the NKAAA Executive Board. If the board supports the concern, the member may proceed to Step Two. Step Two - The grievant shall first discuss may address the grievance with to the appropriate immediate supervisorrespective school athletic coordinator or that person’s school designee. This meeting shall be on an informal basis and shall be held within ten (10) days following the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 Upon learning of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step Ischool athletic coordinator, or if the grievant elects not to use the informal proceduredesignee, it may be pursued further by submitting will set up a completed Grievance Report Formmeeting within three days. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet After meeting with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and school athletic coordinator, or designee, will deliver a decision within four days. Should the Superintendent.
C. Step III If the grievant is athletic coordinator and/or designee not satisfied with the disposition of resolve the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) days satisfaction of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance form, the Superintendent shall meet with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and grievant has three days to proceed to Step Three. Step Three A - (Procedure for Middle School Grievance) - The grievant may file a grievance with the immediate supervisorDistrict Athletic Director. Upon learning of the grievance, the District Athletic Director will schedule a meeting within three days. After meeting with the grievant, the District Athletic Director will deliver a decision within four days. Should the District Athletic Director not resolve the grievance to the satisfaction of the grievant, the grievant has three days to proceed to Step Four. Step Three B - (Procedure for High School Grievance) - The grievant may file a grievance with the school administrator or designee. Upon learning of the grievance, the school administrator or designee will schedule a meeting within three days. After meeting with the grievant, the school administrator or designee will deliver a decision within four days. Should the school administrator or designee not resolve the grievance to the satisfaction of the grievant, the grievant has three days to proceed to Step Four. Step Four – The grievant may file a grievance with the District Athletic Director. Upon learning of the grievance, the District Athletic Director will schedule a meeting within three days. After meeting with grievant, the District Athletic Director will deliver a decision within four days. Should the District Athletic Director not resolve the grievance to the satisfaction of the grievant, the grievant has three days to proceed to Step Five.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I 1. Filing a grievance: A grievant grievance may be filed by the Association on its own behalf or on behalf of any Association Member. Grievances must be initiated at the lowest possible level. All time limits shall be determined by calendar days. The aggrieved person shall have the right to representation at all levels. Time limits may be altered if mutually agreed to by both parties.
2. If the Association or Association Member fails to meet the time limits specified in this Agreement, the grievance shall be deemed resolved according to the status quo. If the party appealed to for determination at Level I, II or III fails to respond within the specified time, the grievance shall be deemed moved to the next higher level. The aggrieved person shall first discuss present his/her grievance claim to the Assistant Superintendent within thirty (30) days of its occurrence with objective of resolving the grievance with informally through discussion. If the appropriate immediate supervisor. This meeting shall be on an informal basis and shall be held within ten (10) days following the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going matter has first been presented to the Step II level.
B. Step II If the grievance Assistant Superintendent and is not resolved by to the informal procedure Step I, or if satisfaction of the grievant elects not to use grieving Association Member within fourteen (14) days of the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance formdiscussion, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form claim shall be submitted by the grievant presented in writing to the immediate supervisorSuperintendent within seven (7) days. Within The Superintendent shall within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet grievance fix a time and place for a meeting with the grievantaggrieved person. Said meeting shall take place not later than fifteen (15) days after the receipt of the grievance. The immediate supervisor Superintendent shall write present a disposition written determination of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of this meeting. In the event that the grievance is not resolved to the satisfaction of the grieving Association Member, he/she may request a review by the Board. Said request for review shall be made within seven (7) days of receipt of the grievance formSuperintendent's determination. The Board, or a committee thereof, shall take the Superintendent shall meet with necessary steps to provide an opportunity for the grievantaggrieved person to present his/her grievance. Within ten The Board will make known its decision, in writing, within twenty-one (1021) days of receipt of the meetinggrievance. In the event the proceedings at the lower level fail to resolve the grievance, the Superintendent shall write his/her disposition grieving Association Member may submit the claim to arbitration under the Voluntary Labor Rules of the grievance by completing his/her portion American Arbitration Association within thirty (30) days of Step III, receipt of the Board's decision. The parties agree that the arbitrator's decision shall be binding upon them. Any and forwarding a copy to all cost involved in the grievant, use of an arbitrator shall be equally shared between the Union Board and the immediate supervisorAssociation.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I (a) A grievant certified/licensed personnel and an Alliance representative (if the certified/licensed personnel so desires) shall first discuss the grievance problem with the appropriate school official serving as his/her immediate supervisorsupervisor (director or principal). This If the certified/licensed personnel does not wish to be represented by the Alliance, he/she may be accompanied by another certified/licensed personnel of his/her own choice provided that such teacher is not an officer, agent, or representative of any other certified/licensed personnel organization. If the matter is not satisfactorily adjusted within two (2) school days the certified/licensed personnel shall submit it in writing within five (5) school days to such immediate supervisor above for a satisfactory adjustment.
(b) Such immediate supervisor may request a meeting with the certified/licensed personnel and an Alliance representative (if the certified/licensed personnel so desires) prior to making his/her decision, but in any event, must render his/her decision within five (5) school days of the submission to him/her by the certified/licensed personnel. Upon request, such decision shall be in writing with copies to the certified/licensed personnel and the Alliance.
(c) Failing satisfactory settlement within such time limit the aggrieved certified/licensed personnel may, within five (5) school days, appeal in writing to the Superintendent or his/her designated representative, and such writing shall set forth specifically the act or condition on which the grievance was based in the first step above and the grounds upon which the appeal is based.
(d) The Superintendent and/or his/her representative shall meet with the certified/licensed personnel and an informal basis and shall be held Alliance representative (if requested by the certified/licensed personnel) within ten (10) days following the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) school days of the receipt by him/her of its disposition at Step II. Failure such appeal, and shall give his/her decision in writing to file such appeal the certified/licensed personnel and the Alliance within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) school days of receipt of the grievance formsuch meeting.
(e) Failing satisfactory settlement at Section (d), the Superintendent aggrieved may appeal to the Pawtucket School Committee. The Committee shall meet with the grievant. Within hold a hearing within ten (10) days of the meeting, the Superintendent receipt of such appeal and shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding render a copy decision in writing to the grievant, aggrieved and to the Union and the immediate supervisorAlliance within ten (10) days of such hearing.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A grievant shall first discuss the Pre-grievance with the appropriate immediate supervisor. This meeting meeting: No grievance shall be on an informal basis and shall be held entertained or processed unless it is submitted within ten five (105) business days following after the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the pre-grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisormeeting. Within five (5) business days of receipt an alleged violation of the Grievance Report Formcontract, or within five (5) business days after the employee through the use of reasonable diligence should have obtained knowledge of the occurrence of the event giving rise to the grievance and prior to initiating Step 1 by the filing of a grievance, the immediate supervisor Union and the grievant shall meet with the grievantFire Chief or the Chief’s designee to discuss the potential grievance. The immediate discussion shall include the facts and events in the context of the specific contract provisions, and why the Union believes the challenged interpretation or application violates the contract.
Step 1: No grievance shall be entertained or processed unless it is submitted within five (5) business days after the pre-grievance meeting. Any employee covered by this Agreement who has a grievance shall submit it to the supervisor who is designated for that purpose by the City, provided that said grievance shall be in writing on the standard grievance form and signed by both the aggrieved employee and the appropriate Union Representative. The supervisor shall write a disposition give his/her written answer within five (5) business days after such presentation.
Step 2: If the grievance is not settled in Step l and the employee wishes to appeal the grievance to Step 2 of the Grievance Procedure, it shall be referred in writing on the same standard grievance form submitted at Step l to the Fire Chief within five (5) business days after the designated supervisor's answer in Step l and shall be signed by both the Employee and Union Representative. The Fire Chief, or his/her representative, shall discuss the grievance within five (5) business days after such meeting by completing Step II of with the Grievance Report Form and returning Union Representative at a copy time mutually agreeable to both parties. The Fire Chief, or his/her representative, shall respond in writing to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) business days of following their meeting.
Step 3: If the receipt of its disposition at grievance is not settled in Step II. Failure 2 and the Union desires to file such appeal appeal, it shall be referred by the Union in writing to the Mayor or his/her designated representative on the same standard grievance form submitted in Step l within five (5) business days from receipt of after the City's answer in Step 2. A meeting between the Mayor or his/her representative and the Chief Union Representative shall be held at a time mutually agreeable to the parties. The Mayor or his/her representative shall give the City's written disposition at Step II shall constitute a waiver of answer to the right to appeal. Within Union within ten (10) business days of receipt of the grievance form, the Superintendent shall meet with the grievant. Within ten (10) days of following the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and the immediate supervisor.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A grievant shall first discuss 1. Level One - Within five days from the grievance with the appropriate immediate supervisor. This meeting shall be on an informal basis and shall be held within ten (10) days following the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 date of the grievance procedure. All potential grievances shall be submitted to awareness of a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance formproblem, the grievant must clearly indicate shall seek to resolve the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet matter informally with the grievantbuilding administrator. The immediate supervisor Said building administrator shall write a disposition of the grievance respond within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendentdays.
C. Step III 2. Level Two - If the grievant is not satisfied with the disposition of decision in Level One, or if no decision has been rendered within the grievance at Step IItimeline, the grievant may file a written grievance with the building administrator within five days. The form to be used in the Appendix of this master contract and a copy shall complete Grievance Report Formbe provided to the President of the Association at the same time. Within five days from the receipt of the grievance, Step IIIthe building administrator shall meet with the grievant and the President of the Association to discuss the issue(s) involved. A written decision will be rendered to the grievant and the President of the Association within five days of said meeting.
3. Level Three - If the grievant is not satisfied with the decision in Level Two, and submit same or if no decision has been rendered within the timeline, the grievant may appeal in writing to the Superintendent within five (5) days. The form to be used in the Appendix of this master contract and a copy shall be provided to the President of the Association at the same time. Within five days of from the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance form, the Superintendent shall meet with the grievant and the President of the Association to discuss the issue(s) involved. A written decision will be rendered to the grievant and the President of the Association within 10 days of said meeting.
4. Level Four - If the grievant is not satisfied with the decision in Level Three, or if no decision has been rendered within the timeline, the grievant may appeal in writing to the Clerk of the Board within 10 days. The form to be used in the Appendix of this master contract and a copy shall be provided to the President of the Association at the same time. Within 15 days from the receipt of the appeal, the Board shall schedule a Grievance Hearing with the grievant. Within ten (10) Written notification of the hearing will be provided to the President of the Association. A written decision will be rendered to the grievant and the President of the Association within 10 days of the said meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and the immediate supervisor.
Appears in 3 contracts
Sources: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
Procedure. A. Step I A 1. Level One (1) - Within twenty-one (21) days of the occurrence of the grievance, or within twenty-one (21) days of the time that the aggrieved party becomes aware of the occurrence of the grievance, or with reasonable diligence should have become aware of the occurrence of the grievance, the grievant shall first discuss present the appropriate administrator with the signed, written complaint on the appropriate form. An attempt to resolve the grievance with the appropriate immediate supervisor. This meeting through co-mediated discussion shall be on an informal basis and shall be held made within ten (10) days following the act or condition which is the basis for the grievancefourteen days. The grievant shall let it be known that the meeting is the Informal Step 1 administrator must render a decision within seven days of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II levelco- mediated discussion.
B. Step II 2. Level Two (2) - If the grievance is not resolved by at Level One (1), the informal procedure Step I, or if the grievant elects not to use the informal procedure, it decision may be pursued further by submitting a completed Grievance Report Form. On appealed in writing on the grievance form, appropriate form to the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred office of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) Superintendent or designee within seven days of the receipt of the Grievance Report FormLevel One (1) decision. If the grievance is properly appealed, the immediate supervisor Superintendent or designee shall meet with the grievantaggrieved party, Association representative, and the parties of interest within seven days to discuss and attempt to resolve the grievance. The immediate supervisor decision reached in Level Two (2) shall write a disposition of be issued in writing to the aggrieved party if not represented by the Association and to the Association no later than fourteen (14) days following the Level Two (2) meeting.
3. Level Three (3) - If the grievance within five has not been resolved at Level Two (5) days after such meeting by completing Step II of 2), the Grievance Report Form and returning a copy decision may be appealed to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent Board for consideration within five (5seven(7) days of the receipt of its disposition at Step II. Failure to file such appeal the Level Two (2) decision or within five fourteen (514) days from receipt of the written disposition at Step II shall constitute a waiver date of the right meeting in the event no decision has been rendered, by filing a written copy thereof with the Clerk of the Board and with the Superintendent or designee. The Board or a committee thereof shall meet with the aggrieved party, Association representative, and the parties of interest at its next regular meeting. The disposition of the grievance shall be indicated in writing to appealthe aggrieved and to the Association if not represented by the Association no later than the next regularly scheduled Board meeting following the meeting during which the grievance was originally considered by the Board or committee thereof.
4. Within ten Level Four (104)
a) If the grievance remains unresolved at the conclusion of Level Three (3), the grievance may be submitted to the Board by the Association for binding arbitration, provided written notice of the request for submission to arbitration is delivered to the Clerk of the Board and to the Superintendent or designee within fourteen (14) days of the date of receipt of the grievance form, the Superintendent shall meet with the grievant. Within ten decision at Level Three (103) or within twenty-one (21) days of the meetingdate of the Level Three (3) meeting in the event no decision has been rendered.
b) If the parties cannot agree as to the arbitrator within seven (7) days from the date of notification that arbitration will be pursued, the Superintendent Board of Personnel Appeals shall write his/her disposition be called upon to submit a list of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and the immediate supervisor.seven
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A 1. The grievant and representative shall first discuss the grievance with the appropriate his/her immediate supervisor, within seven (7) calendar days after the employee has knowledge of, or should have knowledge of, the incident upon which the alleged grievance is based. This meeting The Supervisor shall respond within seven (7) calendar days.
Step 2. If the grievant is unsatisfied with the answer of the Supervisor at Step 1, the grievance involves a pay issue, or if the grievance concerns an issue which the Supervisor has no discretion or authority to resolve, the grievance shall be on an informal basis reduced to writing and presented to the Chief within seventy-two (72) hours of the supervisor’s answer. The Chief shall be held investigate the grievance and, if necessary, schedule a joint grievance meeting within ten seven (107) calendar days following the act or condition which is the basis for after receipt of the grievance. The Chief shall reply to the grievant shall let it be known that the meeting is the Informal Step 1 and his/her Union representative in writing within seven (7) calendar days after completion of the grievance proceduremeeting or receipt of the grievance, whichever is later.
Step 3. All potential grievances shall be submitted to a If the Union Grievance Committee composed is unsatisfied with the answer of one the Chief at Step 2, the Union representative from each classification for approval prior to going may appeal the decision to the Step II level.
B. Step II If Safety-Service Director and/or the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five Mayor within seven (57) days of receipt of receiving the Grievance Report Formanswer at Step 2. They shall investigate the grievance, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write and if necessary, schedule a disposition of the joint grievance meeting within five seven (57) calendar days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance form, by the Superintendent Safety-Service Director and/or the Mayor. The Safety-Service Director and/or the Mayor shall meet with reply to the grievant. Within ten Union within seven (107) calendar days of the meeting, the Superintendent shall write his/her disposition after completion of the grievance by completing his/her portion meeting or receipt of the grievance, whichever is later.
Step III, and forwarding a copy 4. If the answer is not satisfactory to the grievantUnion, the grievance may be appealed within seven (7) calendar days to arbitration. The City and Union shall jointly request a list of arbitrators from the Federal Mediation & Conciliation Service (FMCS) within (7) calendar days thereafter. Upon receipt of names from FMCS, an arbitrator shall be selected in accordance with the rules of FMCS.
A. All decision of the arbitrator shall be final and binding upon all parties participating. He/she shall have no power to add to, subtract from, change, modify or amend any of the provisions of this Agreement and he/she shall decide the issues presented on the basis of the reliable, substantial and preponderance of the evidence in the record of the proceedings and the immediate supervisorexpress terms of this Agreement.
B. Employees who are called by either party as witnesses and who give non-repetitive testimony shall lose no pay for the time spent at an arbitration hearing if it is during regular working hours. Off-duty employees called by Management, as witnesses shall receive overtime payment pursuant to the provision of Article 9. The arbitrator will be paid in the following manner:
C. The party that loses the arbitration shall pay one hundred percent (100%) of the arbitrator’s fee. Any additional cost, such as transcripts of the hearing, the use of legal counsel, etc., shall be borne by the individual party that makes use of such service.
D. Only the Union may authorize an appeal to arbitration. If Management fails to answer any grievance within the prescribed limits, the grievance shall be automatically referred to the next higher step in this Article. The time limits imposed in the Article may be extended at any step by the written consent of the parties. Any step herein may be waived by the mutual written consent of the parties.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A The parties are encouraged to resolve through informal discussions any grievances as defined herein. When specifically requested by the employee, a CWA representative may accompany the employee to assist in the informal resolution of the grievance. Such informal discussions are not to be construed as a part of the grievance procedure. If such informal discussions do not lead to a satisfactory resolution of a grievance as defined herein, the grievance shall be processed according to the following procedure.
(1) If the employee or CWA is unable to resolve a grievance informally, a written statement of the grievance shall be prepared, signed by the Grievant and delivered to the aggrieved employee's Appointing Authority or designee within fourteen (14) days after the first event giving rise to the grievance or within fourteen (14) days after the employee or CWA, through the use of reasonable diligence, could have obtained knowledge of the first event giving rise to the grievance. An employee grievant shall first discuss deliver a copy of the written grievance to the CWA President. Grievants shall make every effort to specify the section or sections of this Agreement that are allegedly violated, misinterpreted, or misapplied, the full facts on which the grievance is based and the specific relief requested.
(2) After the written grievance is submitted, the Appointing Authority or designee shall meet with the appropriate immediate supervisor. This meeting shall be on an informal basis and shall be held grievant within ten (10) days following the act or condition which is the basis for after receipt of the grievance. The grievant shall let it A CWA representative will be known that allowed to attend the meeting is the Informal First Step 1 hearing. By mutual agreement of the grievance procedureDepartment representative and the Union, two CWA representatives may be allowed to attend the First Step hearing. All potential grievances The Appointing Authority or designee shall be submitted to give a Union Grievance Committee composed of one representative from each classification for approval prior to going written answer to the Step II level.
B. Step II President of the Union within ten (10) days after the hearing. Second Step: If the grievance is not satisfactorily resolved by at the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance formFirst Step, the grievant must clearly indicate and/or the Article and/or paragraph Union may submit the grievance in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant writing to the immediate supervisor. Within five Director of Human Resources or designee, within ten (510) days of after receipt of the Grievance Report FormCity's First Step answer, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance or within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt when the First Step answer was due, whichever occurs first. Hearings for Non-Disciplinary Grievances The Director of the grievance form, the Superintendent Human Resources or designee shall meet with the grievant. Within grievant and the Union President or the Vice President, and/or a representative of CWA within ten (10) days after receipt of the meetinggrievance. The Director of Human Resources or designee, after consultation with the Superintendent grievant's Appointing Authority or designee, shall write his/her disposition give a written answer to the President of the grievance by completing his/her portion of Step III, and forwarding a copy to Union within ten (10) days after the grievant, the Union and the immediate supervisorhearing.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A grievant shall first regular employee represented under this Agreement, may file a grievance in accordance with the following:
8.2.1 Prior to filing a written grievance, employees should discuss any problem or complaint with their immediate supervisor to see if settlement is possible. If the problem is not resolved, then the aggrieved party may file a written grievance with the appropriate immediate supervisor. This meeting shall be on an informal basis and shall be held within ten (department head, but not later than 10) -work days following from the act or date the grievant first became aware of the condition which is the basis for causing the grievance. The grievant shall let it be known that department head will respond in writing no later than 10-work days from the meeting is the Informal Step 1 of date the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II levelwas received.
B. Step II 8.2.2 If the grievance is cannot resolved be settled by the informal procedure Step Idepartment head or designee, or if the grievant elects not to use the informal procedure, it grievance may be pursued further by submitting a completed Grievance Report Formsubmitted in writing to the Human Resources Director or designee within 10- work days from receiving the department head's decision. On The meeting to discuss the grievance formwill be held at a mutually agreeable time. Following this meeting, the grievant must clearly indicate the Article and/or paragraph Human Resources Director will respond within 10-work days, in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendentwriting.
C. Step III 8.2.3 If the grievant is not satisfied with the disposition of the grievance at Step IIHuman Resources Director’s response, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent may file an appeal for a hearing before an impartial hearing officer within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) 10-work days from receipt receiving the Director’s response. The appeal must be put in writing and filed with the Human Resources Department. The impartial hearing officer will be selected from a list of 5-hearing officers provided by the written disposition at Step II shall constitute a waiver of WERC. The Union will strike the right to appeal. Within ten (10) days of receipt of first name from the grievance formlist, the Superintendent shall meet with City will strike the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievantsecond name, the Union will strike the third name, the City will strike the fourth name and the immediate supervisorremaining individual will serve as the hearing officer. Any costs for the impartial hearing officer’s services will be borne equally by the parties.
8.2.4 The decision of the Hearing Officer concerning any matter referred to it will be final and conclusive upon the employees, the Union, and the City.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A grievant shall first discuss Any grievance which may arise on the grievance with part of an employee concerning the appropriate immediate supervisor. This meeting correct application or interpretation of this Agreement shall be on an informal basis and shall be held handled in the following manner:
Step 1. Within ten (10) working days after the event giving rise to the grievance, or within ten (10) working days following after the act employee or condition which is Union could reasonably have been expected to have knowledge of the basis event, the employee or Union representative shall discuss the problems with the relevant immediate supervisor/management or Human Resources representative. Both parties shall attempt to resolve the problem during this discussion. It shall be considered acceptable for the grievancesuch grievances to be presented in written format and submitted either physically or electronically.
Step 2. The grievant Union, not an individual employee, has exclusive authority to determine whether a grievance shall let it be known escalated beyond Step 1. If the union decides that the meeting is grievance has not been satisfactorily resolved at Step 1, the Informal Union may submit the grievance in writing to the affected employee’s supervisor within five (5) working days of the initial Step 1 discussion. All grievances should be submitted on an AFSCME grievance form indicating: • The date of the grievance procedureStep 1 discussion; • A detailed statement of the facts; • A citation to the section of the Agreement that was allegedly violated. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going documents relevant to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not should be attached to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, . The grievance form must be signed and dated by an authorized official with the grievant Union. The affected employee’s supervisor must clearly indicate sign and date the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this grievance form shall be submitted to memorialize receipt by the grievant to employer. This does not exclude the immediate supervisorUnion from adding additional facts and materials throughout the grievance process as additional facts or relevant documents become known. Within five (5) working days of receipt of the Grievance Report Formgrievance, the immediate supervisor and the Union and the affected employee shall meet and discuss the grievance in an effort to resolve it. Within five (5) working days following such meeting, the supervisor shall meet with give the grievantUnion a written answer to the grievance.
Step 3. The immediate supervisor shall write a disposition of If the Union decides that the grievance was not satisfactorily resolved at Step 2, the Union may advance the grievance to the Department Head within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) working days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appealSupervisor’s answer. Within ten (10) working days of receipt of the grievance formgrievance, the Superintendent Department Head or his or her designee and the Union shall meet with and attempt to resolve the grievantgrievance. Within ten five (105) working days of the following such meeting, the Superintendent Department Head shall write his/her disposition of give the Union a written answer to the grievance.
Step 4. If the Union decides that the grievance by completing his/her portion of was not satisfactorily resolved in Step III, and forwarding a copy to the grievant3, the Union may submit in writing the grievance to the Mayor within five (5) working days of receipt of the Department Head’s answer. The Mayor shall review the matter promptly and shall make a final decision which shall be communicated to the immediate supervisor.Union in writing within fifteen
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step a. STEP I A - The grievant shall first discuss may present the grievance with in writing to the appropriate immediate supervisor. This immediately involved supervisor within fifteen (15) days of the event or reasonable knowledge of the event giving rise to the grievance, who will arrange for a meeting shall be on an informal basis and shall be held to take place within ten (10) days following the act or condition which is the basis for after receipt of the grievance. The grievant shall let it be known that specify in writing the meeting is article and clause alleged to have been violated and stating the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievantremedy sought. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to Association's representative, the grievant, the Union and the Superintendent.
C. Step III If immediately involved supervisor shall be present for the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance form, the Superintendent shall meet with the grievantmeeting. Within ten (10) days of the meeting, the grievant and the Association shall be provided with the supervisor's written response, including the reasons for the decision.
b. STEP II - If the grievance is not resolved at Step I, then the Association or grievant may refer the grievance to the Superintendent or the Superintendent's official designee within ten (10) days after receipt of the Step I answer. The Superintendent shall write his/her arrange with the Association representative for a meeting to take place within ten (10) days of the Superintendent's receipt of the appeal. Within ten (10) days of the meeting, the Association shall be provided with the Superintendent's written response, including the reasons for the decision.
c. STEP III - If the grievance is not resolved at Step II, then the Association shall refer the grievance to the Board of Education. This will be completed within ten (10) days after receipt of the Step II answer. The Board of Education will arrange with the Association representative for a meeting to take place within thirty (30) days of the Board's receipt of the appeal. Within (10) days of the meeting, the Association shall be provided with the Board's written response, including the reasons for the decision.
d. STEP IV - If the Association is not satisfied with the disposition of the grievance by completing his/her portion of at Step III, the Association may submit the grievance to final and forwarding binding arbitration through the American Arbitration Association which shall act as administrator of the proceedings. If a copy demand for arbitration is not filed with the Employer within (30) days of the date of the Step III answer, then the grievance shall be deemed withdrawn.
i. Neither the Board of Education nor the Association shall be permitted to assert any grounds or evidence before the arbitrator which has not previously been disclosed to the grievantparty.
ii. The arbitrator, in his opinion, shall not amend, modify, nullify, ignore or add to the Union provisions of this Agreement. His authority shall be strictly limited to deciding only the issues presented to him in writing by the School District and the immediate supervisorAssociation, and his decision must be based only upon his interpretation of the meaning or application of the express relevant language of the Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Any grievance or dispute which may arise between the parties with regard to the application, meaning, or interpretation of this Agreement shall be settled in the following manner:
Step I A grievant 1: The employee, with or without a Union representative, shall first discuss attempt to resolve the grievance informally with the appropriate his/her immediate supervisor. This meeting If the dispute cannot be resolved informally with the employee's immediate supervisor, the employee or the Union shall, within thirty (30) calendar days of the date of such occurrence or knowledge thereof, report the matter in writing to the employee's immediate supervisor.2 The written grievance shall be on an informal basis and shall be held within ten contain the following:
(10a) days following A description of why the act employee believes there is a dispute;
(b) The specific article or condition which is section of the agreement that has allegedly been violated, the specific facts relied upon to establish the basis for the grievance. alleged violation, and a description of how the specific facts relied upon, have violated the contract;
(c) The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.remedy requested; and
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor(d) The employee's signature. Within five fifteen (515) calendar days of receipt of the Grievance Report Formgrievance, the immediate supervisor shall meet provide the employee with a written response. During this time, the grievant. The immediate supervisor shall write schedule a disposition of meeting with the grievant and Union representative to discuss the dispute. If the meeting is unable to be scheduled in a timely manner, an extension may be granted by mutual agreement.
Step 2: If the grievance has not been settled, the employee or the Union shall present it in writing to the General Manager within five fifteen (515) calendar days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant supervisor's response is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) days of the receipt of its disposition at Step IIdue. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance form, the Superintendent The General Manager shall meet with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition Union representative, and the appropriate supervisor in an effort to resolve the dispute. The General Manager shall provide the employee with a written response within fifteen (15) calendar days of his receipt of the grievance.
Step 3: If the grievance by completing his/her portion of Step III, and forwarding a copy to the grievantstill remains unresolved, the employee or the Union and may submit the immediate supervisormatter to binding arbitration. If the Union or the employee chooses to move the issue into arbitration, they shall request a list of seven (7) arbitrators from the State Conciliation Service within twenty (20) calendar days after the response of the General Manager is due. Nothing in this article shall preclude the parties from attempting to resolve the dispute prior to arbitration. The arbitrator shall be selected by alternately striking names. The moving party shall strike first.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I Level One. A grievant shall first discuss the grievance lodged with the Transportation Director or the appropriate immediate supervisor. This meeting shall administrator must be on an informal basis and shall be held within ten (10) working days following after the act grievant knew or condition should have known of the event or action giving rise to the alleged grievance. Continuing grievances shall be recognized but any relief afforded may be limited to the time period within which grievances are to be filed. The grievance conference shall occur within five (5) work days after the grievance is the basis for the grievancefiled. The grievant shall let it be known that accompanied by the meeting is local Representative and/or any other OAPSE agent. Level Two. In the Informal Step 1 event a grievance has not been satisfactorily resolved at Level One, the Association may file, within five (5) work days of the Transportation Director's or of the appropriate administrator's written decision at Level One, a copy of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to with the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisorSuperintendent. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) work days after such meeting by completing Step II of the Grievance Report Form and returning a copy to written grievances is filed, the grievant, the Union Association Representative and the Superintendent.
C. Step III If Principal, Superintendent and/or his designee shall meet to attempt to resolve the grievant is not satisfied with the disposition of the grievance at Step II, the grievant grievance. The Superintendent or his designee shall complete Grievance Report Form, Step III, and submit same to the Superintendent his decision within five (5) days of the receipt Level Two meeting and to the grievant and the Association. For all grievances except those protesting an employee’s termination the decision of its the Superintendent at Level Two shall be the final decision in the grievance procedure. Level Three. Only grievance protesting an employee’s termination may be advanced to Level Three. If the aggrieved is not satisfied with the disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt Level Two of the grievance formprocedure, he/she may initiate Level Three of this procedure. The Association may refer the grievance to the arbitrator by giving written notice to the Superintendent shall meet with and/or the grievant. Within ten Board of its desire to do so within thirty (1030) days of the meetingdate on the Level Two decision. The parties will mutually agree to either AMS or FMCS. The arbitrator shall be chosen from a list provided by the Federal Mediation and Conciliation Service (FMCS) or mediation Mediation Services (AMS). The Board and the Association shall split the cost of the list. Selection and hearing shall be in accordance with the voluntary rules and regulations of the FMCS or AMS. 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 each party present at the hearing. The decision of the arbitrator shall be binding on both the Board and the Association, and the Bargaining Unit members. Renewal of limited contracts for employees may be taken through the grievance procedure, short of binding arbitration. Binding arbitration is specifically excluded from application to disputes over the renewal of employees whose contracts are in a noncontinuing status. The arbitrator shall expressly confine himself/herself to the precise issue(s) submitted for arbitration and shall have no authority to determine any other issue(s) not so submitted to him/her or to submit observations or declarations of opinion which are not directly essential in reaching the final decision or in any way interfere with management prerogatives involving Board discretion nor limit or interfere in any way with the powers, duties and rules and regulations having the force and effect of law. The Arbitrator shall have no power to add to, delete from, disregard or modify any of the terms of the Agreement. The cost for arbitration shall be paid by the losing party. The arbitration cost incurred by each party to the arbitration shall be paid by that party. In a case where there is no clear losing party, the Superintendent shall write his/her disposition of arbitrator has the grievance by completing his/her portion of Step III, right and forwarding a copy duty to apportion the grievant, the Union and the immediate supervisorcosts to each party as that arbitration case dictates.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A grievant 1. Failure to file a grievance within thirty (30) days of the occurrence complained of shall be deemed to constitute an abandonment of the grievance.
2. The aggrieved person may be represented by or with a designated representative of the Secretarial Group.
3. All grievances must be submitted in writing if taken beyond the first level and decisions regarding this grievance must be committed to writing at all levels beyond the first. Copies of these decisions shall be forwarded to all parties of interest and the Secretarial Representative.
4. All parties of interest may be present at all hearings regarding a grievance.
5. Both parties agree that these procedures will be kept as informal and confidential as may be appropriate at any level of the procedure.
6. The total days time allowance at each level of the grievance process are indicated below. These time allowances may be extended by mutual agreement between the parties of interest.
7. There shall be no reprisals toward aggrieved person or persons and their representatives for following this procedure. An individual with a grievance shall first discuss the grievance it with the appropriate immediate supervisor. This meeting shall be on an informal basis and shall be held within ten (10) days following the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet either directly or through the Secretarial Group's one designated representative with the grievantobjective of resolving the matter informally. The immediate supervisor shall write a disposition of the grievance respond within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III discussion is held. Level Two If the grievant individual is not satisfied with the disposition of the grievance at Step Level I, the Secretarial Group may submit the grievance in writing within five days to the Principal.* The Principal shall hold a hearing within five school days of receipt of same and shall render a decision in writing within five school days following the conference. *Central Office personnel may proceed from Level I to Level III if the superintendent deems appropriate. Level Three If the Association is not satisfied with the disposition of the grievance at Level II, the grievant Association may, within five school days, submit the grievance in writing to the Superintendent. The Superintendent shall complete Grievance Report Form, Step hold a hearing within ten school days of receipt of same and shall render a decision in writing within ten school days following the hearing. Level Four If the Association is not satisfied with the disposition of the grievance at Level III, and submit same the Association may, within five days of receipt of same, appeal the grievance to the Board by so notifying the Superintendent within five (5) days of in writing. The written appeal to the receipt of its disposition at Step IIBoard must include the basis for dissatisfaction with the Superintendent's decision. Failure to file such The Board may consider the appeal within five (5) days from receipt on the basis of the written disposition at Step II documentation submitted, may request the submission of additional written materials and/or may request a hearing with the Secretarial Group. The Board shall constitute a waiver of respond, in writing, to the right to appeal. Within ten Association within thirty (1030) days of receipt of the grievance form, appeal. The Board shall render the Superintendent final decision on all matters other than those which are subject to further review by the Commissioner or State Board of Education. The Board shall meet with respond in writing to the grievant. Within ten (10) Secretarial Group within thirty work days of the meeting, the Superintendent shall write his/her disposition receipt of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and the immediate supervisorappeal.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A grievant shall first discuss Before a grievance is filed, a sincere attempt should be made to resolve any grievances by oral interview between the aggrieved and the supervisor before differences become formalized as grievances. At this meeting, the Union Representative may attend at the request of the aggrieved. FIRST STAGE: The filing of the grievance with at the appropriate immediate supervisor. This meeting shall first stage must be on an informal basis and shall be held within ten (10) school days of either the occurrence of the grievance, or the Union becoming aware of the grievance. However, the Initial filing must be no later than six (6) months following the act occurrence. The meeting with the supervisor and/or appropriate District representative will take place within four (4) school days of the receipt of the written grievance. The supervisor and/or appropriate District representative, who has authority to make a decision on the grievance, shall make such decision and communicate it in writing within four (4) school days after the meeting, to the grievant, Superintendent, and the Union President. SECOND STAGE: In the event a grievance has not been satisfactorily resolved at the first stage, the aggrieved employee, or condition which his/her Union designee, will file, within five (5) school days of the receipt of the supervisor’s written decision or answer of the first stage, a letter to the Assistant Superintendent for Human Resources requesting a meeting. Within four (4) school days after such written grievance is received by the basis Assistant Superintendent for Human Resources, the aggrieved, the Union Representative, the Supervisor, the Assistant Superintendent for Human Resources, and appropriate District representative will meet to resolve the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 Assistant Superintendent for Human Resources will file an answer within five (5) school days of the second stage grievance proceduremeeting, and communicate it in writing to the grievant, Union President and Superintendent. All potential grievances THIRD STAGE: In the event a grievance has not been satisfactorily resolved at the second stage, the aggrieved, or his/her Union designee, will file, within five (5) school days of the receipt of the Assistant Superintendent for Human Resource’s written decision or answer at the second stage, a letter to the Superintendent, or appropriate District representative, requesting a meeting time for all parties involved. The Superintendent or appropriate District representative, the aggrieved and a Union representative shall meet within ten (10) school days after receipt of said letter. The Superintendent or appropriate District representative shall submit a written answer to the grievant and the Union within ten (10) school days following the meeting. FOURTH STAGE: If the grievance cannot be settled at the third stage the grievance shall be submitted to a Union Grievance Committee composed the Board of one representative from each classification for approval prior School Inspectors no later than seven (7) days before its next regularly scheduled meeting unless an earlier or later date is agreed to going to the Step II level.
B. Step II by all parties. FIFTH STAGE: If the grievance is not resolved by satisfactorily to the informal procedure Step IUnion after the hearing before the Board (Fourth Stage), or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form there shall be submitted by the grievant to the immediate supervisor. Within five (5) days a fifth stage of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievantimpartial arbitration. The immediate supervisor shall write a disposition of the grievance Union may submit in writing, within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance form, the Superintendent shall meet with the grievant. Within ten (10) days of the meetingBoard hearing and/or decision, a request to enter into such arbitration. The parties shall jointly request the Federal Mediation and Conciliation Service (FMCS) to submit to them a list of seven (7) arbitrators’ names and qualifications. Either party may reject one list in its entirety and request that another list be submitted. From such list, the Superintendent parties shall write his/her disposition alternately strike names with the party requesting arbitration making the first strike. The person whose name remains shall be the arbitrator. The arbitrator selected shall be jointly notified of his selection and requested to contact the parties with respect to setting up a time for a hearing. All expenses incurred shall be shared equally by Board and Union. It is understood that such expenses will be limited to the Arbitrator’s fee. Any legal expenses incurred should be paid for by the party engaging the legal counsel. Insofar as such arbitration is limited solely and singly to interpretation and implementation of the grievance terms of this contract, both parties agree to abide by completing his/her portion the results of Step IIIthe finding of the arbitrator. The arbitrator shall not have the power to add to, and forwarding a copy to subtract from, alter, or modify in any way any of the grievant, terms or conditions of the Union and the immediate supervisoragreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A a. Level One: Before filing a formal grievance, the grievant shall first discuss attempt to resolve it by an informal conference with his/her immediate supervisor.
b. Level Two: Within twenty (20) days after the grievant knew or should have reasonably known of the act or omission giving rise to the grievance, the grievant must present the grievance with in writing on the appropriate district grievance form to his/her immediate supervisor, with a copy to the Superintendent and the Association. This meeting shall be on an a statement of the grievance, including the specific provision of the Agreement allegedly violated, the circumstances constituting such alleged violation, the decision rendered at the informal basis conference, and the specific remedy sought. The immediate supervisor shall be held communicate his/her decision to the grievant, Superintendent and the Association in writing, within ten (10) days following after receiving the act formal grievance. If the immediate supervisor does not respond within the time limits, the grievant may appeal to the next level.
c. Level Three: If the grievant believes the decision at Level Two to be incorrect, he/she may within ten (10) days appeal the decision on the appropriate district grievance appeal form to the Superintendent or condition which is his/her designee. Within ten (10) days after the basis for receipt of the written grievance by the Superintendent, the Superintendent or his/her designee will meet the grievant and/or the grievants representative to resolve the grievance. The grievant Superintendent or his/her designee shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy communicate his/her decision to the grievant, the Union immediate supervisor, and the SuperintendentAssociation within fifteen (15) days. If the Superintendent or his/her designee does not respond within the time limits provided, the grievant may appeal to the next level.
C. Step III d. Level Four: If the grievant is not satisfied with the disposition of the grievance at Step IILevel Three, or if there has been no written decision, the grievant Association may submit the grievance to arbitration within twenty (20) days. The parties shall complete Grievance Report Form, Step III, and submit same select a mutually acceptable arbitrator. Should they be unable to the Superintendent agree on an arbitrator within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt submission of the grievance formto arbitration, the Superintendent grievance shall meet with be submitted to the grievantState Conciliation and Mediation Service. Within ten (10) days The arbitrator’s decision will be in writing. The arbitrator will be without power or authority to alter, amend or modify this Agreement, or to make any decision which requires the commission of an act prohibited by law or which violates the terms of this Agreement. The decision of the meetingarbitrator will be submitted to the Superintendent, grievant and the Superintendent Association, and shall write his/her disposition be binding to all parties. All costs for the services of the grievance by completing his/her portion of Step IIIarbitrator, including but not limited to, per diem expenses, travel and subsistence expenses, and forwarding a copy to the grievantcost of any hearing room, will be borne equally by the Union District and the immediate supervisorAssociation. All other costs will be borne by the party incurring them. Expedited arbitration may be used by mutual agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. [a] Step I A grievant 1 - Informal Discussion Should an employee believe that there is basis for a grievance, he/she shall first discuss the grievance with his/her immediate supervisor with the appropriate immediate supervisorobjective of resolving the matter. This meeting To initiate the grievance process, the employee must inform the supervisor that the complaint is a grievance. The grievance shall be on an initiated no later than ninety (90) calendar days following knowledge of the event or action being grieved. Proceedings should be kept as informal basis and confidential as may be appropriate for determination. [b] Step 2 - Written Grievance
(i) If, after the required informal discussion with the supervisor a grievance still exists, the employee shall submit to the supervisor the grievance in a written statement explaining the grievance, identifying the provision or policy in question, and stating the remedy desired with the objective of resolving the matter. The written statement shall be held within submitted no later than ninety (90) calendar days following knowledge of the event or action being grieved, be identified as a grievance, be dated and signed by the grievant.
(ii) Within ten (10) days following the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance formworking days, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a indicate his/her disposition of the grievance in writing within five ten (510) working days after such meeting by completing Step II of the Grievance Report Form meeting and returning shall furnish a dated copy thereof to the grievantemployee. [c] Step 3 - School Principal or Department Director
(i) This step is not applicable if the grievance was heard in Step 2 by the Building Principal or Department Director. Otherwise, if the Union and the Superintendent.
C. Step III If the grievant employee is not satisfied with the disposition of the grievance at Step II2, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent or if no decision has been rendered within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) additional working days, the dated complaint shall be forwarded by the grievant, within ten (10) more working days, to the Building Principal or Department Director.
(ii) The Building Principal or Department Director shall meet with the employee within ten (10) working days of receipt of the grievance form, the Superintendent written grievance. The Building Principal or Department Director shall meet with the grievant. Within render his/her written decision within ten (10) working days of the meeting, . [d] Step 4 - District Liaison Meeting If the Superintendent shall write his/her employee is not satisfied with the disposition of the grievance at the last applicable step, he/she may ask, with the objective of resolving the matter, that the grievance be submitted to the District Liaison Meeting held with the recognized collective bargaining agent for classified employees. Submission to the Liaison Meeting is not mandatory. [e] Step 5 – Superintendent
(i) If the employee is not satisfied with the disposition of the grievance at the last applicable step, or if no decision has been rendered within ten (10) additional working days, the dated complaint shall be forwarded by completing the grievant within ten (10) more working days, to the Superintendent of Schools or his/her portion designee.
(ii) The Superintendent or designee shall render his/her written decision within ten (10) working days of receipt of the written grievance. [f] Step III6 - Board of Education
(i) If the employee is not satisfied with the decision rendered in Step 5, and forwarding the employee and/or his/her representative may submit a copy written summary of the grievance to the grievantBoard of Education within ten (10) working days following delivery of the decision by the superintendent or his/her designee. The employee may request or the Board may decide that the grievance be heard by a hearing examiner.
(ii) The Board may resolve the issue, conduct its own hearing or appoint an impartial third party hearing examiner. The Superintendent or his/her representative and the employee or his/her representative shall mutually agree upon a hearing examiner who is a resident of the State of Utah.
(iii) The hearing examiner shall ascertain whether there was compliance with provisions in this agreement or applicable policy and ascertain the reasonableness of the grievance and resolution requested. The written recommendation of the hearing examiner shall include findings of fact and shall be subject to the final decision of the Board.
(iv) The expense of the hearing examiner shall be borne equally by the District and the employee if the employee requested the grievance be heard by a hearing examiner. The expenses of the hearing examiner shall be borne by the District if the Board decides to have the grievance heard by a hearing examiner unless the examiner finds that the grievance is without merit. In that case, the Union expenses of the hearing examiner shall be borne equally by the District and the immediate supervisoremployee.
Appears in 2 contracts
Sources: Classified Agreement, Classified Agreement
Procedure. A. Step I A grievant shall first discuss Any party to the grievance at their own expense may retain and have present counsel at any or all steps. Grievance shall be processed in accordance with the appropriate immediate supervisor. This meeting following procedure.
a. Level One
i. An ▇▇▇▇▇▇▇ effort shall be on an informal basis made to settle the matter informally be tween the teacher and the appropriate principal.
ii. If the matter is not resolved, the grievance shall be held presented in writing by the teacher to the principal within five (5) school days after the facts become known. The principal shall give a written answer within ten (10) school days following the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the time the grievance procedure. All potential grievances shall be submitted was presented to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II levelhim in writing.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant is b. Level Two -If not satisfied with the disposition of the grievance at Step IILevel One, or if no decision has been rendered within ten (10) school days after presentation of t he written grievance, the grievant shall complete Grievance Report Form, Step III, and submit same to may file the Superintendent grievance in writing with the chairman of the Association's Welfare Sub -Committee within five (5) school days after the decision at Level One or fifteen (15) school days after the grievance was presented whic hever is sooner.
c. Level Three
i. The Chairman of the receipt of its disposition at Step II. Failure to file such appeal Association's Welfare Sub -Committee shall within five (5) school days from receipt of after receiving the written disposition at Step II shall constitute a waiver of grievance refer it to the right to appealSuperintendent.
ii. Within ten (10) school days of after receipt of the written grievance formby the Superintendent, the Superintendent shall meet with the grievant with or without the Association's Welfare Sub - Committee in an effort to resolve the grievance. The Superintendent sha ll render a decision in writing with the Chairman of the Association's Welfare Sub -Committee and the grievant within ten (10) days after the first meeting.
d. Level Four
i. If not satisfied with the Superintendent's disposition of the grievance, the grievant m ay within five (5) school days after receipt of the Superintendent's disposition, request in writing with the Chairman of the Association's Welfare Sub -Committee that the grievance be referred to the Board.
ii. Within five (5) days after receiving the grievant’s request, the Chairman of the Association's Welfare Sub -Committee shall refer it to the Board. Within ten (10) school days after receiving the written grievance, the Board shall meet with the grievant with or without the Association's Welfare Su b-Committee for the purpose of resolving the grievance. The Board shall render a decision in writing with the Chairman of the Welfare Sub -Committee and the grievant within twenty (20) school days after first meeting.
e. Level Five -In order to process a gr ievance to arbitration, the following must be complied with:
i. Written notice of a request for arbitration shall be given to the Board within ten (10) school days of receipt of the Board's written disposition of the grievance.
ii. The matter must have been proce ssed through the grievance procedure within the prescribed time limits.
iii. The issue must involve the interpretation or application of a specific provision of the agreement.
iv. Grievances involving the same act or same issue may be consolidated in one proceeding provided the grievances have been processed through the grievance procedure by the time the parties meet to select an impartial third party.
v. When a request has been made for arbitration, a three -member Arbitration Board shall be established in the followi ng manner:
vi. The employer and the grievant shall each appoint a member to the Arbitration B oard and shall notify the other of the name of its appointee within five days of the meeting, the Superintendent shall write his/her disposition receipt of the grievance by completing his/her portion written appeal. These appointees shall meet in an attempt to sele ct an impartial third party to act as Chairman of Step IIIthe Arbitration Board.
vii. The arbitration board shall meet with both parties, hear evidence and forwarding a copy to the grievant, the Union and the immediate supervisor.give an opinion within
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Procedure. A. Step I A grievant shall first discuss If a decision is not returned to the employee within the time limits specified in each step below, the employee may, after the time limit has passed, present the grievance with to the appropriate immediate supervisor. This meeting shall be on an informal basis and shall be held within ten (10) days following County representative specified in the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 next step of the grievance procedure. All potential grievances Grievances and appeals must be filed within the time limits specified below. If a grievance is not presented or if an appeal of a decision rendered regarding the grievance\appeal is not filed within the time limits, the grievance\appeal shall be considered resolved.
Step 1. The grievance shall be filed by the Union, employee, or Union ▇▇▇▇▇▇▇ with their second level supervisor within fifteen (15) working days of the occurrence which gave rise to the grievance or when the employee or Union should have reasonably had first knowledge of the grievance. Such grievance shall be filed on a standard County grievance form, shall set forth the specific contract provisions alleged to have been violated and include the proposed remedy. Within ten (10) working days of receipt of the written grievance, the second level supervisor shall meet with the employee. Within five (5) working days thereafter, a written decision shall be given to the employee or the grievance shall be deemed denied.
Step 2. If a grievance is not settled at Step 1, it may be presented to the Prosecuting Attorney or designee by delivering a copy of the materials for the Prosecuting Attorney’s consideration to the Chief of Staff and Human Resources Manager. The grievance shall be submitted to within fifteen (15) working days after receipt of the decision at Step 1 or the expiration of the time limits, whichever is earlier. Such appeal shall be written on a Union Grievance Committee composed of one representative from each classification for approval prior to going to the standard
Step II level.
B. Step II 3. If the grievance is not resolved at Step 2, an arbitration request may be submitted by the informal procedure Union designee. Only signatories to this Agreement may advance a grievance to arbitration. A request for arbitration shall be presented in writing to the County Executive or Prosecuting Attorney within twenty (20) working days from the date the decision was rendered at Step I2, or if thirty (30) working days from the grievant elects date of the Step 2 meeting, whichever is earlier. As soon as practicable thereafter, or as otherwise agreed to by the parties, an arbitrator shall hear the grievance. In the event the parties cannot to use agree on the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance formselection of an arbitrator, the grievant must clearly indicate parties shall request a list from the Article and/or paragraph in American Arbitration Association or some other agreed upon source. The agreed upon source shall submit a list of eleven (11) arbitrators from which a selection shall be made by alternately striking one
(1) name from the alleged misapplication, misinterpretation or violation occurred list until only one (1) name shall remain. The decision of the express written provisions arbitrator shall be rendered as expeditiously as possible (but no later than thirty (30) days from the close of record) and shall be final and binding upon both parties. Any decision rendered shall be within the scope of this Agreement and shall not add to or subtract from any of the terms of this Agreement. A copy of this form The arbitrator shall be submitted by the grievant confine themself to the immediate supervisorprecise issue(s) submitted for arbitration and shall have no authority to determine other issues not submitted. Within five (5) days of receipt The time limits set forth above may be extended by mutual written agreement of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union Employer and the SuperintendentUnion.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance form, the Superintendent shall meet with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and the immediate supervisor.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. 2.1 Step I A grievant shall first discuss 1. Within fifteen (15) work days after the act, occurrence or omission which gives rise to the grievance with or an employee becomes aware or should have reasonably become aware that she or he has a grievance, the appropriate employee and/or the employee’s representative shall present the grievance orally to the immediate supervisor. This meeting In the case of a non-selection grievance, such grievance shall be on presented to the selecting authority. The immediate supervisor or selecting authority shall be responsible for taking such steps as are advisable, including consultation with superiors with authority to resolve the grievance, in an informal basis effort to resolve the grievance and shall be held respond within ten (10) days following the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II levelwork days.
B. 2.2 Step II 2. If the grievance is not resolved by at Step 1 within ten (10) work days after the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Formwritten decision of the supervisor, the immediate supervisor employee may appeal to the appropriate court administrator by filing with the administrator a written notice of appeal, with a statement of facts surrounding the issue. The administrator shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union employee and the Superintendent.
C. Step III If representative and provide the grievant is not satisfied employee and the representative with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent a written decision within five fifteen (515) work days of the receipt of its disposition the appeal.
2.3 Step 3. If the grievance is not resolved at Step II. Failure to file such appeal 2 within five ten (510) work days from after the receipt of the written disposition at Step II shall constitute a waiver decision of the right court administrator, the employee and/or the representative may appeal to the Human Resources Director by filing a written notice of appeal, together with copies of the original written grievance and copies of the Step 2 decision. Within ten The Human Resources Director shall expeditiously hold a hearing on the matter involving the employee and the representative and other involved parties. The Human Resources Director will issue a written opinion on the grievance within fifteen (1015) work days from the date of the receipt of the appeal at the Step 3 level.
2.4 Step 4. If the grievance formhas not been satisfactorily resolved at Step 3, then MSEA may submit the Superintendent grievance to arbitration by notifying the permanent arbitrator and simultaneously providing a copy of said notice to the Human Resources Director as well as a statement of the grievance specifying the article, section, or clause of the contract alleged to have been violated, along with a concise statement of facts surrounding the issue and the remedial action requested. Such submission shall meet with the grievant. Within ten occur within twenty (1020) working days of the meeting, date the Superintendent shall write his/her disposition of MSEA receives the grievance by completing his/her portion of Step III, and forwarding a copy to 3 decision from the grievant, the Union and the immediate supervisorHuman Resources Director.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A grievant Level One - Informal Level The employee with a complaint shall first discuss the grievance matter with his/her immediate supervisor or principal, whoever is directly concerned with the appropriate particular complaint, either individually, or with, or through the Association's representative, with the objective of resolving the matter informally. The employee having a complaint shall bring the matter to the attention of his/her immediate supervisor. This meeting shall be on supervisor and request an informal meeting to discuss the problem not later than ten (10) school days after the employee becomes aware of the event or occurrence which is the basis of the complaint. The immediate supervisor shall make arrangements to hold such meetings within five (5) school days after receipt of the employee's request. Level Two - Immediate Supervisor In the event the complaint is not satisfactorily resolved informally within five (5) days of meeting with the supervisor and shall the complainant desires that further action be held taken, the complainant shall, within ten (10) days following give written notice to his/her immediate supervisor that the act or condition which grievance procedure is being invoked by providing the basis for immediate supervisor with a statement of the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 Within five (5) days of the grievance procedure. All potential grievances receipt of the written grievance, the immediate supervisor or principal, whichever is most directly concerned, shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going state his/her decision relative to the Step II level.grievance in writing, together with the supporting reasons for his/her decision, and furnish one copy to the employee, if any, who lodged the grievance, and two copies to the Association's representatives. Level Three - Superintendent’s Level
B. Step II If 1. In the event the grievance is not satisfactorily resolved by the informal procedure Step Iat Level Two within five (5) days, or if and the grievant elects not to use the informal procedure, it may desires that further action be pursued further by submitting a completed Grievance Report Form. On the grievance formtaken, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplicationshall, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within within five (5) days of receipt of the Grievance Report FormLevel Two response, file the immediate supervisor shall meet grievance with the grievantAssociation.
2. The immediate supervisor Association shall write within ten (10) days make a disposition judgment in the merits of the grievance. If the Association decides that the grievance within lacks merit, it shall so notify the grievant and the Association's representative that the matter, insofar as the Association is concerned is closed, based on the interpretation that it is not a violation of the contract. Within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step IIAssociation's decision, the grievant shall complete Grievance Report Formhave the right to continue the grievance on his/her own behalf. If the Association decides that the grievance is a violation of the contract, Step III, and submit same it shall refer such grievance in writing to the Superintendent of Schools. Within ten (10) days after the receipt of the written grievance by the Superintendent of Schools, or his/her designee, he/she and/or his/her representatives shall meet with the Association to consider the problem and to resolve it. In an effort to improve communications, the following considerations may be given: if the Association has determined that the issue is not a grievance, however, in their opinion the issue does merit special consideration, the standing grievance committee may submit the issue to the Superintendent of Schools and the Board of Education. Level Four - Board Level
1. If the grievance is not resolved by the Superintendent of Schools and/or his/her representatives and the Association within five (5) days of its consideration by them, it shall be referred to the receipt Board of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appealEducation.
2. Within ten fifteen (1015) days of receipt of the grievance formby the Board of Education, the Superintendent shall meet with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and the immediate supervisor.three
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A grievant The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows:
STEP 1: Any employee or Union who has a grievance shall submit the grievance in writing to the employee's immediate non-bargaining unit supervisor (normally the Deputy Chief of Operations) specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of the facts, the provision or provisions of this Agreement which are alleged to have been violated, and the relief requested. All grievances must be presented no later than seven (7) calendar days from the date of the first occurrence of the matter giving rise to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. The supervisor or his designee shall investigate the grievance and, in the course of such investigation, shall offer to meet and discuss the grievance with the appropriate immediate supervisor. This meeting shall be on an informal basis grievant and shall be held a Union representative within ten seven (107) calendar days following the act or condition which is the basis for of receiving the grievance. The grievant supervisor or his designee shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to provide a Union Grievance Committee composed of one representative from each classification for approval prior to going written answer to the Step II levelgrievant and the Union President within seven (7) calendar days following that meeting.
B. Step II STEP 2: If the grievance is not resolved by at Step 1 and the informal procedure employee or Union wishes to appeal the grievance to Step I, or if 2 of the grievant elects not to use the informal grievance procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant employee in writing to the immediate supervisor. Within five Fire Chief (5and/or his designee) within seven (7) calendar days of after receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievantCity's answer in Step 1. The immediate supervisor Fire Chief and/or his designee shall write a disposition investigate the grievance and, in the course of such investigation, shall offer to meet and discuss the grievance within five seven (57) calendar days after such meeting by completing Step II of with the Grievance Report Form grievant and returning a copy to the grievant, the Union representative. The Fire Chief and/or his designee and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of employee's non-bargaining unit supervisor may attend the grievance at Step IImeeting. During such meeting, the grievant shall complete Grievance Report Formprovide all relevant facts concerning the alleged contract violation and the parties shall discuss possible resolution of the grievance. If no settlement of the grievance is reached, Step III, and submit same the Fire Chief and/or his designee shall provide a written answer to the Superintendent grievant and the Union President within five seven (57) calendar days following the date of the receipt of its disposition meeting.
STEP 3: If the grievance is not settled at Step II. Failure 2 and the employee or Union wishes to file such appeal the grievance to Step 3 of the grievance procedure, it shall be submitted by the employee in writing to the City Administrator and/or his designee within five seven (57) calendar days from after receipt of the written disposition City's answer in Step 2. The City Administrator and/or his designee shall investigate the grievance and, in the course of such investigation, shall offer to meet and discuss the grievance within seven (7) calendar days with the grievant and a Union representative. The City Administrator and/or his designee may invite the Fire Chief to be present at Step II shall constitute a waiver of the right to appealmeeting. Within ten (10) days of receipt If no settlement of the grievance formis reached, the Superintendent City Administrator and/or his designee shall meet with provide a written answer to the grievant. Within ten grievant and the Union President within seven (107) calendar days following the date of the meeting, the Superintendent . The City Administrator's and/or his designee's answer shall write his/her disposition of the grievance by completing his/her portion of Step III, be final and forwarding a copy to the grievant, binding unless the Union and the immediate supervisorappeals to arbitration as provided in Section 4.3 of this Article.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I One: A grievant grievance may be initiated in one (1) of the following ways:
1. The teacher shall first meet with the building principal concerned and discuss the grievance matter in his/her own behalf.
2. The teacher may request that a representative of the Association accompany the teacher and in such case the building principal shall not initiate any consultation with the appropriate immediate supervisorgrievant prior to any scheduled meeting at which the representative is to be present.
3. This meeting A grievance must be presented to the building principal within twenty (20) days of the date the grievant knew or should have known of the facts giving rise to the grievance. Failure to timely present the grievance constitutes a waiver of the right to grieve the alleged contract violation or misapplication.
1. In the event that the grievance is resolved in Step One, the grievant may file a formal grievance in writing with the building principal. The grievance form shall be on an informal basis filed in quadruplicate with one (1) copy for the Association, the grievant, the building principal, and the school central office.
2. The grievance form shall (1) name the teacher(s) involved, (2) state the facts giving rise to the grievance, (3) identify the specific provisions of this Master Contract alleged to have been violated or misinterpreted, (4) state facts giving rise to grievance, (5) indicate the specific relief requested, and (6) be held signed by the teacher(s).
3. The grievance form should be filed as soon as possible, but any grievance not presented in writing in Step Two within ten (10) days following completion of Step One shall be deemed waived and shall not be processed.
4. The teacher may request a meeting with the act or condition building principal and the Association representative may accompany the grievant. In such case the building principal shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present. In the basis for event the principal does not meet with the grievant and his/her Association representative, the principal must provide a written response to the grievant within five (5) days after receiving the written grievance. The In the event the principal meets with the grievant shall let it be known that and his/her Association representative, the principal must provide a written response to the grievant within five (5) days after the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II leveldate.
B. Step II 1. If the grievance is not resolved by the informal procedure in Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance formTwo, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within teacher may within five (5) days of receipt of the Grievance Report Formbuilding principal's answer, appeal to the Superintendent by filing the grievance and the principal's answer along with a written response of the teacher, if desired, attached to the grievance.
2. The Superintendent may, within ten (10) school days of receiving the grievance, hold a meeting to investigate facts, allegations, exhibits, and remedy requested. Within ten (10) school days of such meeting, the immediate supervisor Superintendent shall meet with respond and answer the grievantgrievance submitted. The immediate supervisor If no meeting is held at the Superintendent's Step, the Superintendent shall write a disposition respond within ten (10) school days of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendentfiling at his Step.
C. Step III 3. If the grievant is not satisfied with the disposition of the grievance Superintendent's answer at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same Three; he/she must file a written appeal to the Superintendent within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within Board not later than ten (10) days after receiving the Superintendent’s answer. The Board level grievance shall be heard in executive session on the day of receipt of a regularly scheduled Board meeting if such meeting is to be held within thirty (30) days and appropriate public notice can be given in advance. In the grievance formevent that such meeting is not held within such timeline, the Superintendent Board or its designated representative and the Association Representative and the Grievant(s) shall meet with mutually establish a date and time for such hearings within the grievantthirty (30) days. Within The Board or its designated representatives' written answer shall be transmitted to the grievant and the Association within ten (10) days of after the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, meeting and forwarding a copy attached to the grievant, the Union grievance. The Board’s decision shall be final and the immediate supervisorbinding.
Appears in 2 contracts
Sources: Master Contract, Master Contract
Procedure. A. An employee and the immediate Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be finally and conclusively settled without stoppage of work by the following steps:
Step I A grievant 1 The employee shall first discuss formally take up the grievance with the appropriate immediate supervisor. This meeting shall be on an informal basis and shall be held Supervisor from whose decision it arose within ten (10) working days following the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II levelarising.
B. Step II 2 If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not employee wishes to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On pursue the grievance formfurther the employee shall, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within within five (5) working days of having taken the grievance up with the Supervisor in Step 1, present such grievance in writing, on a form to be approved by the City and the Union, to the Department Head. The Department Head will provide a reply to the employee in writing within five (5) working days of receipt of the Grievance Report Formgrievance.
a) If, having received a reply from the Department Head, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of employee wishes to pursue the grievance further, the employee shall, within five (5) working days after such meeting by completing of receiving said reply, forward the completed grievance form to the Office of the City Manager. The Manager's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an appointee of the City Manager.
c) The Grievance Sub-Committee shall have the right to jointly investigate all aspects of the grievance and to interview the Grievor, the Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
d) The Grievance Sub-Committee shall, within ten (10) working days from the time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, or its failure to agree, to the Grievor and the Department Head involved, the City Manager and the President of the Union.
Step II 4 If, having received the response of the Grievance Report Form and returning a copy to the grievantSub-Committee, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of wishes to pursue the grievance at Step IIfurther, the grievant shall complete Grievance Report Formit shall, Step III, and submit same to the Superintendent within five (5) working days of receiving said reply, refer the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance form, the Superintendent shall meet with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy matter in writing to the grievant, City Manager. The City Manager or his designate shall provide a written response to the Union and the immediate supervisor.within ten
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Procedure. A. Step I A grievant Level One
1. Any employee having a grievance shall first discuss the grievance with the appropriate his/her immediate supervisor. This meeting shall be on an informal basis and shall be held supervisor within ten (10) work days following of his/her knowledge of the act event or condition occurrence which is the basis for the grievancecomplaint.
2. The grievant immediate supervisor shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going render an oral decision to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within grievant(s) within five (5) working days of the above discussion.
1. If the Level One decision is not satisfactory, the oral grievance shall be reduced to writing on the Grievance Report Form and shall be presented to the immediate supervisor and the Association within seven (7) work days of the receipt of the Level One answer.
2. The immediate supervisor shall hold a meeting with the grievant and/or the grievant’s Association Representative within seven (7) work days of the receipt of the grievance.
3. The immediate supervisor shall render a written decision to the grievant within five (5) work days of said meeting.
1. If the Level Two decision is not satisfactory, the grievance shall be presented to the Superintendent or the Superintendent’s designee within five (5) work days of receipt of the Grievance Report Form, grievance.
2. The Superintendent or the immediate supervisor Superintendent’s designee shall meet hold a meeting with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to grievant and/or the grievant’s Association Representative at a time mutually agreeable to them, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent but within five (57) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) work days of receipt of the grievance form, grievance.
3. The Superintendent or the Superintendent Superintendent’s designee shall meet with render a written decision to the grievant. Within grievant within ten (10) work days of the meeting, the Superintendent shall write his/her disposition .
4. The Association Grievance Chairperson may initiate a grievance directly at Level Three when either of the following conditions apply:
a. A grievance by completing his/her portion involves a group of Step III, and forwarding a copy employees in more than one building or an issue applies to the grievantunit as a whole, or
b. The action precipitating the Union and grievance was initiated by management at a level higher than the immediate supervisor.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A grievant Grievances shall first be presented and adjusted according to the following procedure: Any employee with a grievance as defined herein may informally discuss the grievance matter directly or accompanied by a Union representative with the appropriate immediate supervisormember of the administration.
Step 1. This meeting shall In the event the matter is not resolved informally, a written grievance may be on an informal basis and shall be held filed with the Director of Transportation within ten five (105) days workdays1 following the act day the grievant learned or condition reasonably should have known about the violation, misapplication or misinterpretation, which is the basis for of the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 .
a. Within five (5) workdays after receipt of the grievance procedure. All potential grievances written grievance, the Director shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going communicate his/her decision, in writing, together with the supporting reasons to the Step II levelaggrieved party.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor2. Within five (5) days workdays after receiving a reply, if the employee or the Union still feels aggrieved, he/she may appeal to the Director of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievantHuman Resources. The immediate supervisor shall write appeal must be in writing and must include a disposition statement of the grievance within and the reply of the Director of Transportation.
a. Within five (5) days workdays after such meeting by completing Step II receipt of the Grievance Report Form and returning a copy appeal, the Director of Human Resources shall communicate his/her decision, in writing, together with the supporting reasons, to the grievantaggrieved party.
Step 3. Within ten (10) workdays after receiving a reply from the Director of Human Resources, if the employee or the Union and still feels aggrieved, he/she may appeal to the Superintendent.
C. Step III If the grievant is not satisfied with the disposition . The appeal must be in writing and must include a statement of the grievance at Step IIand the Director of Resources reply.
a. Within thirty (30) workdays after receiving an appeal, the grievant Superintendent shall complete Grievance Report Formhold a hearing or meeting concerning the grievance, Step IIIwhich the Union may attend, and submit same to the Superintendent within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appealif they choose. Within ten (10) days of receipt from the date of the grievance form, the Superintendent shall meet with the grievant. Within ten (10) days of the hearing or meeting, the Superintendent shall write communicate his/her disposition of decision, in writing, together with the grievance by completing his/her portion of Step IIIsupporting reasons, and forwarding a copy to the grievant, the Union and the immediate supervisoraggrieved party.
Step 4. If the Superintendent and the Union are unable to resolve any grievance, the grievance may be submitted to arbitration within twenty-(20) work days after the decision of the Superintendent. The grievance shall be considered submitted to arbitration when written notice is submitted to the District by the Union informing the Superintendent of the Union’s intent to arbitrate the grievance. AFSCME Council 25 Arbitration Department shall send a list of Ad-Hoc arbitrators to the District to see if the parties can mutually accept an Arbitrator.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A By mutual agreement, the following timelines on any level may be extended.
Level 1. The grievant shall first discuss the grievance must request an informal conference with the appropriate immediate supervisor. This meeting shall be on an informal basis and shall be held administrator most reasonably related to the matter in dispute within ten (10) days following the act or condition which is the basis for after becoming aware of the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance formAt this conference, the grievant must clearly indicate shall directly seek to resolve the Article and/or paragraph in which the alleged misapplicationmatter informally. At this level, misinterpretation or violation occurred of the express written provisions of this Agreementneither party may have representation. A copy of this form At all other levels, each side shall be submitted by the grievant entitled to the immediate supervisorrepresentation. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step IILevel 1, or if no decision has been rendered within five (5) days after presentation of the grievance, the grievant shall complete Grievance Report Formmay file the grievance with the Director or, Step IIIat the Director’s discretion, and submit same to the Superintendent Associate Director.
Level 2. Such grievance must be filed with the Director within five (5) days of the decision at Level 1. Within the five (5) days after receipt of its the written grievance by the Director, the Director will meet with the aggrieved person and a representative (if the grievant chooses to have representation) in an effort to resolve it. If the Director or the grievant is unable to meet within the specified time frame, a mutually agreed upon date for such a meeting, no later than an additional ten (10) days shall be determined. If the grievant is not satisfied with the disposition of the grievance at Step IILevel 2, or if no decision has been rendered within ten (10) days after presentation of the grievance, the grievant may file the written grievance with the Clerk of the Board.
Level 3. Failure to file such appeal Such grievance must be filed with the Clerk of the Board within five (5) days from of the decision at Level 2. Within twenty-five (25) days after receipt of the written disposition at Step II shall constitute a waiver grievance by the Clerk of the right to appeal. Within ten (10) days of receipt of the grievance formBoard, the Superintendent shall Board will meet with the grievantaggrieved person and a representative (if the grievant chooses to have representation) in an effort to resolve it. Within ten The Board shall render a written decision within five (105) days following said meeting.
Level 4. The grievant may appeal the decision of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy Board to the grievant, the Union and the immediate supervisorDistrict Court pursuant to K.S.A. 60-2101(d.)
Appears in 2 contracts
Sources: Professional Agreement, Professional Agreement
Procedure. A. Step I A grievant shall first discuss the grievance 1. Level One – Informal Meeting with the appropriate immediate supervisor. This meeting shall be on an informal basis and shall be held within ten (10) days following the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of Immediate Supervisor/Superintendent
a. In initiating the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate shall present the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant grievance orally to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievantSupervisor / Superintendent. The immediate supervisor Supervisor / Superintendent shall write hold a disposition of the grievance personal conference within five seven (57) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, ’s request and an attempt shall be made to settle the Union and the Superintendentgrievance in an informal manner.
C. Step III If b. In the event the grievant is not satisfied with the disposition of the grievance at Step IIinformal meeting, the grievant shall complete Grievance Report Form, Step III, and submit same have the right within seven (7) days after the informal meeting date to present the grievance in writing to the Superintendent at Level Two.
2. Level Two – Formal Written Grievance to the Superintendent
a. A grievance shall be presented in writing to the Superintendent using the grievance form, with a copy simultaneously provided to the Association. The Superintendent shall meet with the grievant(s) within five seven (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (107) days of receipt of the grievance formgrievance. The Superintendent shall provide a written disposition of the grievance, including the reasons therefore, to all parties of interest within seven (7) days of such meeting. See Appendix C.
b. If the grievant and/or the Association is not satisfied with the disposition of the grievance, or if no disposition has occurred within seven (7) days of such meeting or seven (7) from the date of presentation of the grievance, the Superintendent shall meet grievance may be appealed to Level Three, with a copy simultaneously provided to the Association.
3. Level Three - Mediation
a. If the grievant and/or the Association is not satisfied with the disposition of the grievance, or if no disposition has occurred pursuant to the provisions of Level Two, the grievance shall be referred to grievance mediation.
b. The Association shall request that a conciliator/mediator from the California State Mediation/Conciliation Service, or from any other mutually agreeable recognized dispute resolution center, be assigned to assist the parties in the resolution of the grievance.
c. If an agreement is reached, the agreement shall be reduced to writing and shall be signed by the grievant, the Association and the District. Within The agreement shall be non-precedential and shall constitute a settlement of the grievance.
d. In the event that the grievant, the Association and the Superintendent or her/his designee have not resolved the grievance with the assistance of the conciliator/mediator within ten (10) days from the first meeting held by the conciliator/mediator, the Association may terminate Level Three and the grievance may proceed to Level Four, so long as the delay has not been caused in part by the mediator, association, or grievant.
4. Level Four - Appeal to the Board of Trustees
a. If the grievant and/or the Association are not satisfied with the disposition of the grievance, or if no disposition has occurred pursuant to the provisions in Level Three, the grievance shall be referred to the Board of Trustees to be heard in an open or closed session meeting, as decided by the Superintendent grievant, following proper legal notification of the Board meeting agenda.
b. The grievant/and or an Association representative shall write his/her be permitted to present information to the Board of Trustees during open session. The Board of Trustees shall provide a written disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, and simultaneously to the Union and Association, no later than seven (7) days following the immediate supervisorBoard of Trustee meeting.
c. If the grievant and/or the Association is not satisfied with the disposition of the grievance, or if no disposition has occurred from the Board of Trustees as specified above, the Association may appeal to Level Five.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A grievant a. An employee with a grievance shall first discuss the grievance it with the appropriate immediate supervisorFood Service Director in an attempt to resolve the matter mutually at that level. This meeting shall A decision will be on an informal basis and shall be held within ten (10) days following the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved rendered by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance Food Service Director within five (5) days after such meeting by completing Step II workdays.
b. If the aggrieved person is not satisfied with the informal resolution of the Grievance Report Form and returning grievance by the Food Service Director, or if no decision has been rendered within five (5) workdays, the employee with a copy grievance shall submit the grievance in writing to the grievant, Food Service Director. The Food Service Director shall meet with the Union and employee within five (5) workdays after receiving the Superintendentwritten grievance.
C. Step III c. If the grievant aggrieved person is not satisfied with the disposition of the grievance at Step IIby the Food Service Director, or if no decision has been rendered within five (5) workdays after his/her first meeting, the grievant employee shall complete Grievance Report Formnotify the Union within five (5) workdays if he/she wishes to proceed with the grievance. If the Union determines that the matter should be appealed, Step IIIa written grievance shall be filed with the Director of Human Resources within five (5) workdays. The Director of Human Resources shall meet with the employee, a representative of the Union, and submit same the Food Service within five (5) work days after receiving the written grievance and shall communicate his/her decision in writing to the aggrieved person, the Union and the Food Service Director within five (5) work days after the meeting.
d. If the aggrieved person is not satisfied with the disposition of the grievance by the Director of Human Resources, or if no decision has been rendered within five (5) workdays after his/her first meeting, the employee shall notify the Union within five (5) workdays if he/she wishes to proceed with the grievance. If the Union determines that the matter should be appealed, a written grievance shall be filed with the Superintendent within five (5) workdays. The Superintendent shall meet with the employee, a representative of the Union, and the Food Service within five (5) work days after receiving the written grievance and shall communicate his/her decision in writing to the aggrieved person, the Union, the Food Service Director, and the Director of Human Resources within five (5) work days after the meeting.
e. If the aggrieved person is not satisfied with the disposition of the grievance by the Superintendent, he/she shall notify the Union within five (5) workdays after receipt of the Superintendent’s decision. If the union determines that the matter should be arbitrated, it shall so advise the Director of Human Resources in writing within ten (10 working days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt the employee’s request.
f. The parties will hereby designate a mutually agreed upon arbitrator for the resolution of the written disposition at Step II shall constitute a waiver of the right to appeal. grievances.
g. Within ten (10) days workdays of receipt notification to the Director of Human Resources of the grievance formUnion's determination that the matter should be arbitrated, the Superintendent District shall contact each of the above arbitrators, notify the arbitrators as to the nature of the dispute, and determine when each arbitrator is available to hear the grievance.
h. The arbitrator who is available on the earliest date, which is mutually convenient for the parties, shall be selected to arbitrate the grievance. Following selection of the arbitrator, the District shall request that the arbitrator meet with the employee and representatives of the Union and the District to resolve said dispute within the terms of this Agreement.
i. After receiving notice of the request for arbitration, the arbitrator shall meet with the grievant. Within ten (10) days of affected employee and parties representing the meetingUnion and the District, the Superintendent and shall write his/her proceed forthwith to make a binding disposition of the grievance by completing such means and methods as he may determine to be necessary. If the employee refuses to meet with the arbitrator, the decision of the Director of Human Resources shall be upheld. The arbitrator is limited in his authority to interpreting the Agreement in the resolution of the issue submitted to him by the parties and has no authority to alter, change or modify any provision of this Agreement.
j. The arbitrator shall prepare a written decision and no appeal thereafter shall be permitted.
k. The cost of arbitration, including arbitrator's fees and reasonable expenses, shall be born equally by the District and the Union.
l. No reprisals of any kind will be taken by the District or the Union against any party of interest or other participant in the grievance procedure. Any party of interest may be represented by counsel or by a representative selected by the Union. The Union may appear to be heard at any stage of the grievance procedure.
m. Forms for the grievance procedure will be jointly prepared by the Director of Human Resources and the Union and given appropriate distribution.
n. A grievance, which is not filed within forty five (45) workdays of the event or events underlying the alleged grievance, shall be waived, regardless of whether the employee knew or should have known of the act or condition on which the grievance is based.
o. A grievance involving a group of employees from different buildings may be submitted in writing by the Union directly to the Director of Human Resources. The Director of Human Resources may, in his/her portion sole discretion, process the grievance as if (1) it constituted a single grievance, or (2) it were a group of Step IIIindividual grievances, and forwarding a copy all of which had been processed through the preliminary steps described in this Agreement.
p. A grievance involving the discharge of an employee shall be submitted in writing by the Union directly to the grievantDirector of Human Resources.
q. Time limits for the processing of grievances may be extended by mutual agreement, the Union and the immediate supervisorin writing, executed by both parties.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A grievant a) Any employee who decides either alone or after seeking the assistance of the Executive Board of the Union that such employee has a grievance shall first discuss the grievance it with the appropriate immediate supervisor. This meeting shall be on an informal basis and shall be held within ten (10) days following administrator taking the act or condition action which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 subject of the grievance procedure. All potential grievances shall be submitted in an attempt to a Union Grievance Committee composed of one representative from each classification for approval prior to going to resolve the Step II matter informally at that level.
B. Step II b) If, as a result of the discussion, the matter is not resolved to the satisfaction of the employee within seven (7) calendar days of the discussion, such employee shall set forth the grievance in writing to the Superintendent, specifying:
(i) The nature of the grievance;
(ii) The results of previous discussions;
(iii) That such employee is dissatisfied with decisions previously rendered;
(iv) The remedy requested; and
(v) Reference to that provision of the contract which the employee claims has been misinterpreted or misapplied. The Superintendent shall give his/her decision to the grievant in writing within seven (7) calendar days of receipt of the written grievance.
c) If the grievance is not resolved to the employee's satisfaction, the employee may appeal to the Board of Education within ten (10) calendar days of receipt of the Superintendent's decision. The request shall be submitted in writing through the Superintendent of Schools who shall attach all related papers and forward the request to the Board. The Board, or a committee thereof, composed of not less than five (5) members, shall hold a hearing with the employee within twenty (20) calendar days of receipt of the written grievance and render a decision in writing within ten (10) calendar days of the hearing.
d) In the event a grievance shall not have been settled under the procedure above, and if such grievance involves a claim of violation, misinterpretation, misapplication or infringement upon the provisions of this Agreement, the aggrieved, subject to the approval of the Union, may proceed directly to arbitration, which shall be binding subject to the limitations of statute.
e) The Union shall initiate arbitration by certified letter addressed to the Superintendent of Schools and bearing the written approval to proceed of the President of the Administrators' Union. Such letter shall be mailed within twenty (20) calendar days of receipt of the written decision of the Board.
f) The grievant, or the person designated by the informal procedure Step Igrievant to represent the grievant in the grievance and the Superintendent, or if the grievant elects not person designated by the Board to use the informal procedure, represent it may be pursued further by submitting a completed Grievance Report Form. On in the grievance formshall promptly attempt to agree upon and engage an arbitrator, but if either party determines that no purpose will be served by attempting or continuing to attempt to so agree, either may submit the grievant must clearly indicate choice of arbitrator to the Article and/or paragraph in which American Arbitration Association. In either event the alleged misapplication, misinterpretation or violation occurred conduct of the express written arbitration shall be under the rules of the American Arbitration Association.
g) The arbitrator shall hear and decide only one grievance in each case. The arbitrator shall be bound by and must comply with all the terms of Agreement. The arbitrator shall have no power to add to, delete from or modify in any way any of provisions of this Agreement. A copy The decision of the arbitrator shall be binding upon both parties and all employees during the life of this form Agreement, except that such shall not usurp the functions or powers of the Board of Education as provided by statute. Fees and expenses of the arbitration shall be submitted borne equally by the grievant to the immediate supervisor. Within five (5both parties.
h) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a Any complaint or grievance not presented for disposition of through the grievance procedure set forth above within five twenty-eight (528) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) calendar days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt occurrence of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten facts or condition giving rise thereto, or within twenty-eight (1028) days of receipt of the grievance form, the Superintendent shall meet with the grievant. Within ten (10) calendar days of the meetinggrievant's knowledge of their occurrence, the Superintendent whichever comes later, shall write his/her disposition of the not thereafter be treated or processed as a grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and the immediate supervisorunder this Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A grievant shall In the event that an employee believes there is a basis for a grievance, the employee may first discuss the alleged grievance with the his/her building principal or other appropriate immediate supervisorsupervisor either personally or accompanied by his/her Association representative. This meeting shall be on an informal basis and shall be held within ten (10) days following the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by thus resolved, formal grievance procedures may be instituted. However, the exhaustion of the informal procedure Step I, is not a condition precedent in invoking the formal grievance procedure.
STEP I The grievant may invoke the formal grievance procedure through the Association on the grievance form which will be available from the Association representative in each building. A copy of the grievance form shall be delivered to the principal or if appropriate supervisor. If the grievant elects not to use the informal proceduregrievance involves more than one school building, it may be pursued further filed with the Superintendent or a representative designated by submitting a completed Grievance Report Formthe Superintendent. On A grievance must be filed within twenty (20) school days of the grievance form, occurrence of which he/she complains or twenty (20) school days of the time when the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred learned of the express written provisions occurrence of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisorwhich he/she complains, whichever is later. Within five (5) school days of receipt of the Grievance Report Formwritten grievance, the immediate principal or appropriate supervisor shall meet with the grievantgrievant in an effort to resolve the grievance. The immediate principal or appropriate supervisor shall write a indicate his/her disposition of the grievance in writing within five (5) school days after of such meeting by completing Step II of the Grievance Report Form and returning shall furnish a copy thereof to the Association and grievant, the Union and the Superintendent.
C. Step III STEP II If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent or if no disposition has been made within five (5) school days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within meeting or ten (10) days from date of receipt of filing, whichever shall be later, the grievance form, shall be transmitted to the Superintendent. Within five (5) school days the Superintendent or his/her designee shall meet with the grievant. Within ten (10) days of Association on the meeting, the Superintendent grievance and shall write indicate his/her disposition of the grievance by completing his/her portion in writing within five (5) school days of such meeting and shall furnish a copy thereof to the Association and grievant.
STEP III If the grievant is not satisfied with the results of Step IIIII, or in the event that no agreeable resolution is reached within ten (10) school days after he/she or the Association has first met with the Superintendent, he/she may ask the local Association to request a meeting with the Board of Directors through the Superintendent or through the Chairman of the Board. The individual may, if he/she wishes, take such action himself, requesting such counsel or assistance from the Association as he/she may desire. The Board of Directors shall within twenty-five (25) days of the receipt of the request, confer with the individual and/or representatives of the local Association to hear the individual's grievance and attempt to reach a satisfactory solution. The Board shall indicate their disposition of the grievance in writing of such meeting, and forwarding shall furnish a copy thereof to the grievantAssociation.
STEP IV If the Association is not satisfied with the disposition of the grievance by the Board or if no disposition has been made within the period above provided, the Union grievance, only at the option of the Association, may be submitted before an impartial arbitrator. The Association shall exercise its right of arbitration by giving the Superintendent written notice of its intention to arbitrate within twenty (20) school days of receipt of the written disposition of the Board. The arbitrator shall be selected by the American Arbitration Association or the Federal Mediation & Conciliation Service. The parties shall separately rank and strike the names of arbitrators on the list and return their list to the appropriate agency for final arbitrator selection. Hearings shall be conducted in accordance with rules of the agency selected. The Board and the immediate supervisorAssociation shall not be permitted to assert in such arbitration proceeding any ground rules, except as provided in "Jurisdiction of the Arbitrator", or to rely on any evidence not previously disclosed to the other party. The decision of the arbitrator shall be final and binding upon both parties.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A 1: Within ten (10) school days of the occurrence or knowledge of the occurrence, an attempt shall be made to resolve any grievance by means of an informal, verbal discussion between the grievant and the lowest person in the administrative hierarchy who has the authority to make decisions on the matter.
Step 2: If the grievance cannot be satisfactorily resolved at Step 1, the grievant shall first discuss reduce the grievance with the appropriate immediate supervisor. This meeting shall be on an informal basis and shall be held to writing within ten (10) school days following of the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going conference and present it to the Step II level.
B. Step II If 1 administrator. The written grievance shall specify the grievance is not resolved by facts giving rise to the informal procedure Step Igrievance, the clause or if clauses of the contract allegedly violated and the remedy requested. The administrator shall afford the grievant elects not to use the informal procedure, it may be pursued further by submitting and/or his/her union representative a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five meeting within ten (510) school days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appealgrievance. Within ten (10) school days of the conference, the administrator shall render a written decision to the grievant.
Step 3: If the grievance is not satisfactorily resolved at Step 2, the grievant may appeal the decision to the first step administrator (unless the first step administrator is the Superintendent - which moves the grievance to the fourth step) within ten (10) school days of receipt of the grievance formStep 2 answer. The Superintendent shall afford the grievant a meeting within ten (10) school days of receipt of the appeal. The aggrieved, the union representative, the Superintendent or his designee, and such other representatives of the District as either party deems necessary shall meet with at a mutually agreeable time to discuss the grievantgrievance. Within ten (10) school days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding render a copy written decision to the grievant.
Step 4: If the grievance is not satisfactorily resolved at Step 3, the Union may appeal the decision to final and binding arbitration within twenty (20) school days of receipt of the immediate supervisorStep 3 answer or twenty (20) days if Step 3 is not required. The American Arbitration Association shall serve as administrator of the proceedings. If the demand for arbitration is not filed within twenty (20) school days, the grievance shall be deemed denied.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A grievant Grievances, as defined by Section 6.l, shall first discuss the grievance be resolved in conformance with the appropriate immediate supervisorfollowing procedure:
Step 1. This meeting shall be on an informal basis An EMPLOYEE claiming a violation concerning the interpretation or application of the AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance in writing to the EMPLOYEE’S supervisor as designated by the EMPLOYER. The EMPLOYER designated representative will discuss and shall be held give a written answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER designated representative’s final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived.
Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER designated Step 2 representative. The EMPLOYER designated representative shall give the UNION the EMPLOYER’S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the act or condition which is EMPLOYER designated representative’s final Step 2 answer. Any grievance not appealed in writing to Step 3 by the basis for UNION within ten (10) calendar days shall be considered waived.
Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER designated Step 3 representative. The EMPLOYER designated representative shall give the UNION the EMPLOYER’S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. The grievant A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER designated representative’s final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall let it be known that considered waived.
Step 4. If the meeting grievance is still unsettled, the Informal Step 1 UNION may, within ten (10) calendar days after the reply of the Step 3 representative was due by written notice to the EMPLOYER, petition the Bureau of Mediation Services for assistance in settling through mediation. If either party determines during the mediation process that further mediation would serve no purpose, the UNION may, within ten (10) calendar days by written notice to the EMPLOYER, request arbitration of the dispute.
Step 5. A grievance procedure. All potential grievances unresolved in Step 4 and appealed in Step 5 shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going arbitration subject to the Step II level.
B. Step II If provisions of the grievance is not resolved Public Employment Labor Relations Act of 1971. The selection of arbitrator shall be made in accordance with the “Rules Governing the Arbitration of Grievances” as established by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the SuperintendentPublic Employment Relations Board.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance form, the Superintendent shall meet with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and the immediate supervisor.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Procedure. A. Step I A 1. In the event a grievance is filed at such time that it cannot be processed through all the steps in this grievance procedure by the end of school year, the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable. The time periods set forth in these procedures are intended to be maximum limits. Every effort shall be made to expedite the procedure.
2. Level One The grievant shall first discuss the grievance with his/her immediate superior within fifteen (15) workdays of its occurrence to resolve the appropriate matter informally. The grievant shall submit in writing to his/her immediate supervisorsuperior, the nature of the grievance and the remedy sought at this time. This meeting The immediate superior shall respond, in writing, to the grievant within five work days of the Level One meeting.
3. Level Two If the grievant wishes to proceed to Level Two, he/she must forward his/her grievance, in writing, to the Superintendent within five work days of the receipt of the Level One response and so notify the Level One administrator in writing. Failure to do so means the issue is resolved. The Superintendent shall meet with the grievant and/or his/her representatives within ten work days of receipt. At his discretion, the Superintendent may require the presence of the immediate superior at that meeting. The Superintendent shall respond, in writing, to the grievant within five work days of the Level Two meeting.
4. Level Three If the grievant and/or his/her representatives wish to proceed to Level Three, he/she must forward his/her grievance, in writing, to the Board of Education within five work days of his/her receipt of the Level Two response and so notify the Superintendent. Failure to do so means the issue is resolved. Within ten working days of receipt of the grievance, the Board shall notify the grievant, in writing, as to whether or not a hearing will be on an informal basis and shall held. If a hearing is set, it must be held within ten (10) twenty work days following of the act or condition which is the basis for Board's receipt of the grievance. The grievant and his/her representatives would meet with the Board and/or its representatives. The Board's decision shall let it be known that communicated, in writing, to the meeting grievant within five workdays of this meeting. If a hearing is not set, the Informal Step 1 Board's decision shall be communicated, in writing, to the grievant within 30 work days of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of Board's receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendentgrievance.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance form, the Superintendent shall meet with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and the immediate supervisor.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A grievant shall first regular employee represented under this Agreement, may file a grievance in accordance with the following:
8.2.1 Prior to filing a written grievance, employees should discuss any problem or complaint with their immediate supervisor to see if settlement is possible. If the problem is not resolved, then the aggrieved party may file a written grievance with the appropriate immediate supervisor. This meeting shall be on an informal basis and shall be held within ten (department head, but not later than 10) -work days following from the act or date the grievant first became aware of the condition which is the basis for causing the grievance. The grievant shall let it be known that department head will respond in writing no later than 10-work days from the meeting is the Informal Step 1 of date the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II levelwas received.
B. Step II 8.2.2 If the grievance is cannot resolved be settled by the informal procedure Step Idepartment head or designee, or if the grievant elects not to use the informal procedure, it grievance may be pursued further by submitting a completed Grievance Report Formsubmitted in writing to the Human Resources Director or designee within 10-work days from receiving the department head's decision. On The meeting to discuss the grievance formwill be held at a mutually agreeable time. Following this meeting, the grievant must clearly indicate the Article and/or paragraph Human Resources Director will respond within 10-work days, in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendentwriting.
C. Step III 8.2.3 If the grievant is not satisfied with the disposition of the grievance at Step IIHuman Resources Director’s response, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent may file an appeal for a hearing before an impartial hearing officer within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) 10-work days from receipt receiving the Director’s response. The appeal must be put in writing and filed with the Human Resources Department. The impartial hearing officer will be selected from a list of 5-hearing officers provided by the written disposition at Step II shall constitute a waiver of WERC. The Union will strike the right to appeal. Within ten (10) days of receipt of first name from the grievance formlist, the Superintendent shall meet with City will strike the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievantsecond name, the Union will strike the third name, the City will strike the fourth name and the immediate supervisorremaining individual will serve as the hearing officer. Any costs for the impartial hearing officer’s services will be borne equally by the parties.
8.2.4 The decision of the Hearing Officer concerning any matter referred to it will be final and conclusive upon the employees, the Union, and the City.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step The following procedures shall be used in processing grievances: A Unit I A grievant member with a grievance shall first discuss file the grievance with in writing, using the appropriate immediate supervisor. This meeting shall be on an informal basis and shall be held within ten (10) days following the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 Board of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the Education approved grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievantadministrator who made the decision or interpretation which is alleged to be in error. Such forms may be obtained at the work location or from the TAAAC office. The immediate supervisor administrator shall write render a disposition of the grievance written decision within five (5) days after such meeting school days. If the decision which is alleged to be in error was made by completing Step II a member of the Grievance Report Form and returning a copy to the grievantSuperintendent's Executive Staff, the Union Level Two shall be omitted and the grievance shall be filed with TAAAC for processing at Level Three. If the decision which is alleged to be in error was made by the Superintendent.
C. Step III , Levels Two and Three shall be omitted and the grievance shall be filed with TAAAC for processing at Level Four. If the grievant is not satisfied with the disposition of decision rendered at Level One, or if no decision has been rendered within the grievance at Step IIallotted time, the grievant may within five (5) school days file the grievance with TAAAC. If TAAAC believes that the grievance is valid, TAAAC shall complete Grievance Report Formwithin five (5) additional school days request a hearing before the Director of Employee Relations or designee. Within ten school days the hearing shall be held and a decision rendered. Level Three If TAAAC is not satisfied with the decision at Level Two, Step III, and submit same it shall refer the grievance to the Superintendent within five (5) days of school days. The Superintendent/designee shall meet with the receipt of its disposition at Step II. Failure to file such appeal grievant and the grievant's representative(s) and render a decision within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) school days of receipt after the referral. If TAAAC finds the Superintendent's/designee decision not acceptable, it shall within ten (10) school days notify the Board whether or not the grievance is to be submitted to arbitration. If the representatives of the grievance formparties cannot agree upon and acquire the services of an Impartial Hearing Officer, both parties shall promptly request the American Arbitration Association 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 American Arbitration Association. 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 Superintendent American Arbitration Association shall invite the acceptance of an arbitrator. If either of the parties 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 name remains. That person shall be designated the arbitrator. The arbitrator shall meet with the Superintendent or designee and the grievant and the grievant's representative(s) either separately or together. Within ten (10) days The format, dates and times of such meetings will be arranged by the arbitrator and will be conducted in closed sessions. The jurisdiction and authority of the meetingarbitrator shall be confined to the express provision or provisions of this Agreement at issue between the Teachers Association of ▇▇▇▇ Arundel County and the Board of Education of ▇▇▇▇ Arundel County. The arbitrator shall have no authority to add to, alter, detract from, amend or modify any provisions of this Agreement or to make any award which will in any way deprive the Board or the Superintendent of any of the powers delegated to them by law or State Board Bylaw, and not encompassed in this Agreement. The provisions of the Agreement are arbitrable, while the powers of the Superintendent and the Board beyond this Agreement are not. The arbitrator shall not have the authority to consolidate separate grievances for a single hearing without mutual consent of the Board and TAAAC. The award, in writing, of the arbitrator within the jurisdiction and authority as specified in this Agreement shall be final and binding on the aggrieved Unit I member(s), the Superintendent Association and the Board. Any award of an arbitrator may be set aside by a ruling from a court of competent jurisdiction. Any dispute arising in renegotiations following budget reductions by the fiscal authorities shall write his/her disposition not be subject to this arbitration provision, but shall be resolved in accordance with Section 6-408, of the grievance by completing his/her portion Education Article of Step IIIthe Annotated Code of Maryland. The costs for the services of the arbitrator, including per diem expenses, if any, and forwarding a copy to actual and necessary travel expenses, shall paid by the grievant, the Union and the immediate supervisornon-prevailing party.
Appears in 2 contracts
Sources: Negotiated Agreement, Collective Bargaining Agreement
Procedure. A. Grievances shall be processed in the following manner:
Step I 1: A grievant shall first discuss bargaining unit member must submit his/her grievance in writing and such grievance must be received by the immediate supervisor within twenty (20) work days of the date when the events giving rise to the grievance occurred. Such submission shall be made to the immediate supervisor for a satisfactory adjustment. The written grievance must indicate the specific nature of the grievance and the specific contract provision(s) alleged to be violated. Such immediate supervisor may request a meeting with the appropriate immediate supervisorbargaining unit member prior to making his/her decision, but in any event must render his/her decision within five (5) work days of the submission. This The bargaining unit member may be accompanied by a Union representative if he/she so desires at any such meeting.
Step 2: If no satisfactory settlement is reached after presentation of the grievance at Step 1, the grievance may be pursued by the bargaining unit member to the Chief Labor and Legal Services Officer (or his/her designee) by providing the Chief Labor and Legal Services Officer (or his/her designee) with a copy of such grievance and requesting a meeting shall be on an informal basis and shall be held in writing, within ten (10) work days of the decision of the Supervisor at Step 1. The Chief Labor and Legal Services Officer or his/her designee will schedule a meeting with the Grievant to attempt to resolve the issues related to the grievance within twenty (20) work days following the act bargaining unit member’s filing the grievance with the Chief Labor and Legal Services Officer (or condition which his/her designee). The Chief Labor and Legal Services Officer (or his/her designee) shall have ten (10) work days after holding the meeting to issue a written decision. A copy of the decision shall be provided to both the Grievant, if a Grievant was present at the meeting, and the Union. Step 3: In the event that the grievance is not settled at Step 1 or Step 2, then the basis for Union may seek arbitration of the grievance. No bargaining unit member may file for arbitration as an individual, but only the Union may file an appeal to arbitration hereunder. The grievant Union’s request for arbitration shall let it be known that in writing and must be filed with the meeting is applicable arbitration agency with a copy to the Informal Step 1 Chief Labor and Legal Services Officer within ten (10) work days after the receipt of the grievance procedureChief Labor and Legal Services Officer’s (or his/her designee's) decision at Step 2 or not later than ten (10) work days following the expiration of the time limits for making such a decision, whichever shall occur first. All potential grievances filed for arbitration shall be submitted to a Union Grievance Committee composed the American Arbitration Association. In lieu of one representative from each classification for approval prior to going submitting grievances to the Step II level.
B. Step II If American Arbitration Association for arbitration the grievance is not resolved parties may by mutual agreement submit grievances to a single arbitrator mutually selected by them. The decision of the informal procedure Step Iarbitrator shall be final and binding upon both parties, except as otherwise provided by law. The arbitrator shall have no power to add to, delete from, or if modify in any way the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance form, the Superintendent shall meet with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and the immediate supervisor.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A grievant shall first discuss the grievance with the appropriate immediate supervisor. This meeting The grievance/arbitration procedure shall be on an informal basis subject to all State and Federal laws and judicial interpretations. Any grievance or dispute not submitted according to the foregoing procedure shall be held within ten (10) days following the act or condition which is the basis foreclosed for the grievanceall contractual and legal purposes. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances No employee shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not entitled to use the informal proceduregrievance procedure until the employee has completed their required probationary period. This includes employees who wish to grieve the Drug-Free Workplace Last Chance Agreement. The FOPE shall not be required to process grievances for employees who are not members in good standing of the FOPE. Time limits set in this Article shall not include Saturdays, it Sundays or paid Holidays or days off on a School Board calendar. Grievances filed during the period of June 15 to August 15 may be pursued further by submitting held in abeyance until the first week of the school year if grievant, witnesses and/or supervisor are on leave. Timeline for grievances held in abeyance will begin the first day students return. Failure of administrator to respond to a completed Grievance Report Form. On grievance within the prescribed time limits will allow FOPE to automatically move the grievance formto the next step. Nothing herein shall preclude the earlier settlement of any grievance directly by agreement between the Employer and the FOPE; however, such settlement shall not constitute an admission that the contract was violated, nor shall it be used as a precedent for future contract interpretation. Any dispute or grievance arising between the employer and the FOPE or any bargaining unit member over the interpretation or application of this Agreement shall be settled in the following manner: Within seven (7) working days after the occurrence could have reasonably been known or the grievant became aware of the event giving rise to the grievance, the grievant must clearly indicate employee, with or without the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred assistance of the express written provisions of this Agreement. A copy of this form on-site representative, shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet take it up with the grievant. The immediate supervisor Manager/Designee who shall write render a disposition of the grievance decision within five (5) working days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievantand, the Union and the Superintendent.
C. Step III If if the grievant is not satisfied with the disposition of response then: Within seven (7) working days following the decision at Step One, the grievance shall be reduced to writing and signed by the aggrieved employee and the FOPE Business Representative and a copy given to the appropriate administrator, as determined by the Superintendent or his designee. The FOPE representative, the grievant, and a representative designated by the employer shall meet and attempt to resolve the dispute. The Department Head or Director shall render a decision within seven (7) working days. If, after reviewing the contractual language, the grievance is not resolved in Step Two, then the grievant and the FOPE may proceed to Step Three: Within seven (7) working days following the decision at Step IITwo, the written grievance will be processed by the Employee & Labor Relations Department. The FOPE Representative, the grievant and a representative designated by the employer shall complete Grievance Report Form, Step III, meet and submit same attempt to resolve the dispute. The response to the Superintendent grievance shall be rendered within five thirty twenty (5320) working days of thereafter. If the receipt of its disposition at FOPE is not satisfied with the response in Step II. Failure to file such appeal within five (5) days from receipt of Three, then: If the written disposition at FOPE is not satisfied with the response in Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance formThree, the Superintendent shall meet with the grievant. Within ten (10) days of the meetingFOPE may request such dispute or grievance be submitted to Arbitration, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy pursuant to the grievant, the Union and the immediate supervisorArticle 6.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A grievant The aggrieved bargaining unit employee or the Union ▇▇▇▇▇▇▇ shall first discuss the grievance matter with the appropriate bargaining unit employee’s immediate supervisor. This meeting supervisor with the objective of resolving the issue informally.
Step 1 If the matter is not resolved informally, the aggrieved employee or the Union ▇▇▇▇▇▇▇ shall be reduce any grievance to writing, on an informal basis the grievance form attached as Appendix B to this Agreement, and shall be held present it to the employee’s immediate supervisor within ten (10) work days following of the act event-giving rise to the grievance or condition of the date on which is the basis for employee or Union knew or should have known about the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five seven (57) work days of receipt of the Grievance Report Formgrievance the supervisor, the immediate supervisor shall meet with Union ▇▇▇▇▇▇▇, and the grievantemployee will meet. The immediate supervisor shall write will issue a disposition of written answer to the grievance within five (5) work days after such following the meeting to both the aggrieved employee and the Union ▇▇▇▇▇▇▇. Nothing in this section shall preclude the Union Business Agent from participating, if notified by completing Step II the Union ▇▇▇▇▇▇▇ and available at the scheduled time for meeting, but the supervisor shall not be obligated to notify the Union Business Agent of the Grievance Report Form and returning a copy meeting or to postpone the meeting to enable the Union Business Agent to attend.
Step 2 If the matter is not resolved to the grievant, satisfaction of the grievant and the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II1, the grievant shall complete Grievance Report Form, Step III, and may submit same the grievance to the Superintendent or designee within five (5) work days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from following receipt of the written disposition at Step II shall constitute a waiver of the right to appeal1 response. Within ten seven (107) work days of receipt of the grievance formthe Superintendent or designee, the Union representative, and the employee will meet. The Union representative may be the Union Business Agent as long as the Agent is available at the scheduled time of the meeting or is willing to extend grievance timelines at Step 2 as necessary to enable rescheduling of the meeting. The Superintendent shall meet with can ask for agreed upon extension of the grievantgrievance timelines at Step 2. Within The Union Business Agent may choose, however, to send a designee (i.e., ▇▇▇▇▇▇▇) to the meeting instead. The Superintendent or designee will issue a written answer to the grievance within ten (10) work days following the meeting to both the aggrieved employee and the Union representative.
Step 3 If the matter is not resolved to the satisfaction of the meetinggrievant and the Union at Step 2, the Superintendent shall write his/her disposition parties may agree to submit the grievance to Federal Mediation and Conciliation Services (FMCS) mediation within ten (10) work days following receipt of the grievance by completing his/her portion of Step III, and forwarding 2 response. The parties should attempt to agree on a copy to FMCS mediator. In the grievantevent there is no agreement, the Union will request that FMCS appoint a mediator.
Step 4 If the matter is not resolved to the satisfaction of the grievant and the immediate supervisorUnion at Step 2 (or Step 3 if the parties agree to mediation), the Union may advance the dispute to arbitration by serving upon the Board written notice of the intent to submit the matter to arbitration within fifteen (15) work days following receipt of the Step 2 response or the date of mediation, whichever is applicable.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A grievant Level One: An employee or the Association, believing there has been a violation of this Agreement, shall first within fifteen (15) days of the alleged violation orally discuss the grievance with his/her immediate supervisor or designee in an attempt to resolve the appropriate immediate supervisormatter. This meeting If the grievance involves more than one department, it may be filed with the Superintendent or his/her designee. If no resolution is obtained, the grievance shall be on an informal basis and shall be held reduced to writing within ten five (105) days following the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedureLevel One discussion and forwarded to Level Two. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II Level Two: If the grievance is not resolved by at Level One, a copy of the informal procedure Step Iwritten 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 if designee. Within five (5) days after receiving the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance formwritten grievance, the grievant must clearly indicate immediate supervisor or his/her designee will meet with the Article and/or paragraph grievant(s) and not more than two (2) Association representatives from the local Association in which an effort to resolve the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisorgrievance. Within five (5) days of receipt of the Grievance Report Formdiscussion, the immediate supervisor or designee shall meet with the grievant. The immediate supervisor shall write render a disposition decision in writing, transmitting a copy of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy decision to the grievantgrievant(s), the Union Local Association President, and the Superintendent.
C. Step III . If the grievant no decision is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent rendered within five (5) days of the receipt meeting or the decision is unsatisfactory to the grievant(s) or the Association, the grievance may be appealed at Level Three. Any Level Three appeal must be made by filing a copy of its disposition at Step IIthe written grievance, along with any previous responses, with the Superintendent. Failure to file Any such appeal must be made within five (5) days from receipt of the Level Two meeting. Level Three: A copy of the written disposition at Step II grievance shall constitute a waiver of be filed with the right to appealSuperintendent as specified in Level Two. Within ten (10) days of after receipt of the grievance formwritten grievance, the Superintendent or designee shall meet with the grievantgrievant(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 write his/her disposition of the grievance by completing his/her portion of Step III, render a written decision and forwarding a copy forward copies to the grievantgrievant(s), the Union Local Association President and the immediate supervisor.. If no decision is rendered within ten
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Procedure. A. Step I A grievant The following shall first discuss be the formal grievance process. The parties are encouraged to meet informally to resolve issues that may be potential grievances at the lowest possible level of supervision. Such informal meetings will not be considered a step of the grievance with process and will not stop the appropriate immediate supervisorgrievance timelines. This meeting If requested by the employee, a Union representative may be present. Step One – Administrative. It is the desire of both the Employer and the Union that grievances be adjusted informally whenever possible. If an employee or the Union wishes to file a grievance, such grievance must be filed within thirty (30) calendar days from the date the grievant is aware that a grievance exists. The grievance shall be on an informal basis in written form with a complete description of the alleged grievance, the date it occurred, the specific article(s) and shall section(s) of the contract, or Employer policy or rule alleged to have been violated and the remedy sought. A copy of the grievance will be held sent to the Medical Center's Human Resources Office. The parties will schedule a grievance meeting within ten (10) calendar days following of filing. If requested by the act grievant, a representative or condition which is the basis for the grievancedelegate may be present. The grievant shall let it University will be known that represented by a manager with the meeting is authority to adjust the Informal Step 1 issues raised in the grievance and a representative from the Medical Center's Human Resources Office. The University will respond in writing within ten (10) calendar days of the grievance proceduremeeting. All potential grievances shall be submitted to Step Two – Review. If a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance satisfactory settlement is not resolved by reached within the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance formrequired time period above, the grievant must clearly indicate employee and/or representative may submit the Article and/or paragraph in which written grievance to Step Two within fourteen (14) calendar days after the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreementdecision at Step One. A copy of this form the grievance will be sent to the Medical Center’s Human Resources Office and the Office of Labor Relations. The second step review meeting shall occur within ten (10) calendar days. The grievance review meeting shall include the grievant, the grievant's representative or delegate, the head of the unit or designee, and representatives from the Medical Center's Human Resources Office and the University's Labor Relations Office. The University will respond in writing within ten (10) calendar days of the meeting. If a satisfactory settlement is not reached, the employee or representative may submit the written grievance to Step 3 within fourteen (14) calendar days. Step Three -Mediation/Arbitration. The written grievance may be submitted by the grievant Union within fourteen (14) calendar days after the Step 2 decision to the immediate supervisorPERC for mediation. Within five If mediation fails to resolve the grievance, the grievance may be submitted by the Union to arbitration. Such submittal must be within fourteen (514) calendar days of receipt from any of the Grievance Report Formfollowing: the mediator’s impasse report, a written declination by a party to mediate, or the immediate supervisor shall meet with Step Two response if neither the grievantUnion nor the Employer requested mediation. The immediate supervisor shall write submittal must be in writing and served on the other party. The parties agree to establish a disposition permanent panel of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of arbitrators. These arbitrators shall be assigned cases by the grievance form, parties on a rotating basis. If the Superintendent shall meet with arbitrator is not available to hear the grievant. Within ten case within ninety (1090) calendar days of the decision by either party to go to arbitration, the parties may contact the next arbitrator in the rotation. If no arbitrator can hear the case within ninety (90) calendar days, the case will be assigned to the arbitrator who can hear the case on the earliest date. If an individual arbitrator decides to remove his/her name from the panel or if one or more members of the panel are not continued by either party, the parties will meet to decide whether to substitute an additional name(s). No later than seven (7) working days prior to the scheduled arbitration meeting, the Superintendent parties will submit questions of arbitration eligibility to the arbitrator for preliminary determination, share the name of each witness intending to testify at the hearing, and attempt to agree upon the issue statement. A copy of written materials submitted to the arbitrator will be provided to the opposing party. The parties agree that the arbitrator shall write his/her disposition have no power to render a decision that adds to, subtracts from, alters or modifies in any way the terms and conditions of the grievance by completing his/her portion Agreement. The parties further agree that the decision of Step III, the arbitrator will be final and forwarding a copy binding upon all parties. The Union or the Employer will have the right to request the grievant, arbitrator to require the Union presence of witnesses and/or documents. The arbitrator's decision shall be made in writing and the immediate supervisorarbitrator shall be encouraged to render the decision within thirty (30) calendar days of the close of the arbitration.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A grievant Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as a maximum, and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement.
Level 1 An aggrieved employee or group of members shall first discuss submit his/her/their grievance in writing to his/her/their immediate supervisor, either directly or through the Union's representative, with the objective of resolving the matter informally. The written grievance shall contain the following: the name, assignment, and telephone number of the grievant(s); the specific provision or provisions of the agreement claimed to be violated, to the extent known; a summary of the facts involved, to the extent known; and the relief desired. The immediate supervisor shall attempt to adjust the grievance with the appropriate immediate supervisor. This meeting shall be on an informal basis and shall be held advise the aggrieved employee in writing of his/her decision concerning the grievance within ten (10) working days following after the act or condition grievance has been presented to him/her. A grievance which is not presented by an employee to his/her immediate supervisor within twelve (12) workdays after the basis for occurrence of the alleged cause of the grievance or after the date of first knowledge of the occurrence by any employee affected shall be deemed to have been waived.
(a) If the aggrieved person or persons are not satisfied with the disposition of their grievance at Level One, or if no decision has been rendered within ten (10) work days after the presentation of the grievance. , the grievance may be filed in writing with the Superintendent or his / her designee within ten (10) work days after the receipt of the Level One decision or within twenty (20) work days of the presentation of the grievance at Level One, whichever is sooner.
(b) The grievant shall let it be known that Superintendent or his / her designee will represent the meeting is the Informal Step 1 administration at this level of the grievance procedure. All potential grievances shall be submitted Within ten (10) workdays after receipt of the written grievance, the Superintendent or his designee will meet with the aggrieved person or persons in an effort to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II levelresolve it.
B. Step II (c) If an Association member or group of members does not file a grievance in writing with the Superintendent or his / her designee within thirty (30) work days after the Association member or group of members knew or could with diligence have known of the act or condition on which the grievance is based, the grievance will be considered as waived. A dispute as to whether a grievance has been waived under this paragraph will be subject to arbitration pursuant to Level Four.
(a) Level Three is available for grievances which concern matters which remain under the jurisdiction of the School Committee as a result of the Education Reform Act of 1993. The Committee, through the Superintendent and the grievance sub-committee, shall determine if Step III applies to the grievance. If Step III is not resolved by applicable, Step IV will apply after Step II. If the informal procedure Step I, Association or the aggrieved person or persons are not satisfied with the disposition of their grievance at Level Two or if no decision has been rendered within ten (10) work days after they had first met with the grievant elects not to use the informal procedureSuperintendent or his designee, it they may be pursued further by submitting a completed Grievance Report Form. On file the grievance formin writing with the chairperson of the grievance sub-committee of the School Committee within ten (10) work days after the receipt of Level Two decision or within twenty (20) work days after the presentation of the grievance at Level Two, whichever is sooner. Within ten (10) work days after receiving the written grievance, a subcommittee of the School Committee will meet with the aggrieved person or persons for the purpose of resolving the grievance.
(b) In the event that the Committee has a grievance against the Association and/or its members, the grievant must clearly indicate grievance will commence at Level Three. The Committee will notify the Article and/or paragraph Association in which writing relative to the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisorgrievance. Within five (5) work days of receipt of after receiving the Grievance Report Form, written grievance the immediate supervisor shall President will meet with the grievant. The immediate supervisor shall write a disposition Committee for the purpose of resolving the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendentgrievance.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance form, the Superintendent shall meet with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and the immediate supervisor.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an ▇▇▇▇▇▇▇ effort on the part of the parties to settle such promptly through the following steps:
Step I A grievant shall first 1: An employee may immediately, informally and briefly discuss the grievance his or her problem with the appropriate immediate supervisor. This meeting shall be on an informal basis and shall be held within ten (10) days following supervisor of the act or condition which is the basis work for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 purpose of requesting a formal discussion of the grievance procedureproblem during the last hour of the shift. All potential grievances shall Such employee may be submitted to a accompanied by the Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II levelPresident.
B. Step II 2: If the grievance is not resolved by satisfactorily settled in Step 1, the informal procedure Step I, or if the grievant elects not to use the informal procedure, it Union may be pursued further by submitting a completed Grievance Report Form. On within three (3) working days appeal the grievance form, in writing to the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this AgreementBureau Captain. A copy of this form shall meeting will be submitted by held between the grievant Chief ▇▇▇▇▇▇▇ and the Bureau Captain to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of discuss the grievance within five (5) days after such meeting by completing Step II of from the Grievance Report Form and returning a copy date the appeal is received. The Bureau Captain shall submit to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) days after this meeting an answer stating the department's position concerning the grievance as a result of this meeting.
Step 3: If the receipt grievance is not satisfactorily settled in Step 2, the Union may within three (3) working days appeal the grievance in writing to the Chief of its disposition at Step IIPolice. Failure A meeting will be held between the chief ▇▇▇▇▇▇▇ and the Chief to file such appeal discuss the grievance within five (5) days from receipt the date the appeal is received by the Chief. The Chief shall submit to the Union within five (5) days after this meeting an answer stating the department's position concerning the grievance as a result of this meeting.
Step 4: If the grievance is not satisfactorily settled in Step 3, the Union may within five (5) days, appeal the grievance to the Human Resources Director. A meeting will be held between at least two (2) representatives of the written disposition Union and at least two (2) representatives of the Employer to discuss the grievance within seven (7) calendar days from the date the appeal is received by the Human Resources Officer. The Human Resources Director shall submit to the Union, within five (5) days after this meeting, an answer stating the Employer's position concerning the grievance as a result of the meeting. Arbitration Discharge: In the event the grievance is a discharge, and is not settled satisfactorily at Step II shall constitute a waiver of the right to appeal. Within ten 4, either party may in writing request arbitration within five (105) days of receipt of the grievance form, the Superintendent shall meet with the grievant. Within ten (10) working days of the meetingprevious Step. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties’ own expenses, shall be borne by the losing party. The Arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in question, but they shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discharge of employees, the Superintendent arbitrator shall write his/her disposition determine if the discharge was for just cause; and they may review the penalty imposed and if they shall find it to be inappropriate and/or unduly severe, they may modify it accordingly. They shall have the authority in cases concerning discharge, if they shall so determine, to order the payment of back wages and compensation of an employee, which the grievance by completing his/her portion of Step IIIemployee would otherwise have received, and/or enter such other awards as may be appropriate and forwarding a copy to just. The award shall be final and binding on the grievant, the Union parties and the immediate supervisoraffected employees.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I Level One A grievant shall first Paraprofessional having a grievance shall, with or without a representative of the Association, discuss it with their immediate supervisor and/or the grievance with the appropriate immediate supervisor. This meeting shall be on an informal basis and shall be held principal within ten (10) school days following of the act date on which the Paraprofessional had knowledge or condition reasonably should have had knowledge of the occurrence of the event upon which the grievance is based. Any meeting with reference to the basis for the grievanceabove normally shall be held during non-school hours. The grievant shall let it be known It is understood that the meeting is Association may file any grievance at Level One with or without the Informal Step 1 Paraprofessional involved. Level Two In the event that the grievance shall not have been satisfactorily resolved at Level One, or in the event that no decision has been reached within ten (10) school days after presentation of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Formsupervisor and/or principal, the immediate supervisor grievance shall meet with be reduced to writing and referred to the grievant. The immediate supervisor shall write a disposition of Superintendent, or their designee, by the grievance aggrieved employee or by the Association within five (5) school days after such meeting by completing Step II of the Grievance Report Form and returning a copy to disposition under Level One. The Superintendent, or their designee, shall represent the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition School Committee at this level of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appealprocedure. Within ten (10) school days of after receipt of the written grievance formby the Superintendent or their designee, the Superintendent or their designee shall meet with the grievantaggrieved employee and the designated representative of the Association in an effort to settle the grievance. Within Level Three In the event that the grievance shall not have been satisfactorily resolved at Level Two, or in the event that no decision has been rendered within ten (10) school days after the level Two meeting, the grievance shall be referred in writing within ten (10) school days of the disposition under Level Two to the School Committee. At its next regular School Committee meeting, the Superintendent Committee shall write his/her disposition meet with the Association in an effort to settle the grievance. If a special meeting is requested, it shall be held as soon as possible, but in no event, later than two (2) weeks after it has been requested. Level Four
1. In the event that the grievance shall not have been satisfactorily resolved at Level Three, or in the event that no decision has been rendered within ten (10) school days after the Level Three meeting, the Association may refer in writing within ten (10) school days of the disposition under Level Three, the unsettled grievance to arbitration, provided, however, that only grievances that involve in interpretation, meaning or application of this Agreement shall be subject to arbitration. The Arbitrator shall be selected by completing his/her portion the American Arbitration Association in accordance with its rules and regulations. Both parties shall share the fees and expenses of Step IIIthe Arbitrator equally.
2. The decision of the Arbitrator shall be final and binding on the Committee, the Association, and forwarding a copy any individual involved, provided that the Arbitrator shall be without power and authority to modify or alter the grievant, the Union and the immediate supervisorterms of this Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A grievant shall first discuss For the of adjusting grievances arising the interpretation, administrationor alleged violation of any part of Collective Agreement this grievanceprocedure be followed. Any complaint of an employeemust be taken up verballyby the employee and his ▇▇▇▇▇▇▇ the supervisorconcerned. If the complaint is not settled, it becomes a grievance with the appropriate immediate supervisor. This meeting shall be on an informal basis and shall be held within ten (10) processed accordingly. Grievances shall be taken up as follows: As soon as possible the alleged grievance becomes apparent but in any event calendar days following the act alleged occurrence, the grievance must be presented to the supervisorconcerned by the ▇▇▇▇▇▇▇ in on forms provided by the Company and agreed to by the Union. Within calendar days of presentation of the grievance, the Divisional Manager or condition his representative, will bold a meeting with the Union ▇▇▇▇▇▇▇, Chief ▇▇▇▇▇▇▇ or his representative, and the supervisor, at which is the basis for time an effort will be made to settle the grievance. The grievant shall let Divisional Manager or his will reply in to the Union ▇▇▇▇▇▇▇, advising of his decision within calendar days the meeting. If the Divisional Manager’s decision is not satisfactory, the Union will make a request, within calendar days ofreceiving the Divisional Manager’s decision, for a meeting with the Plant Manager or his representative. Within calendar days of receivingthe request, the Company will meet with the Union Grievance Committee. The Plant Manager or his representative will make his on the dispositionof the grievance in writing and send it be known that by registered mail to the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed within calendar days of one representative from each classification for approval prior to going his meeting with the Also copies of such decisions or will be delivered by the Support Services Department to the Step II level.
B. Step II Union Secretary-Treasurer, Union President and National Representative. If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance formUnion requests arbitration, the grievant request must clearly indicate the Article and/or paragraph be made in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) within calendar days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the SuperintendentPlant Manager’s decision.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance form, the Superintendent shall meet with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and the immediate supervisor.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Procedure. A. Step I A grievant Each grievance shall first discuss be submitted in writing, and shall include a statement of the issues being grieved as well as reference to the specific provisions of the Agreement alleged to have been violated and the specific remedy sought. The grievance shall at all times and throughout all steps of the grievance with procedure remain the appropriate immediate supervisor. This meeting exclusive property of the grievant, who shall be on an informal basis and shall be held within ten (10) days following retain the act right to withdraw the grievance at any time or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 at any step of the grievance procedure. All potential grievances The grievance may be withdrawn at any level without establishing precedent. Nothing contained within this grievance procedure shall be submitted construed as limiting the right of an employee to discuss a Union Grievance Committee composed complaint informally with his supervisor to having the dispute adjusted without the intervention of one representative from each classification for approval prior the Association, provided such adjustment is consistent with the terms of this Agreement. Should such informal process fail to going resolve the grievance, then the procedure set forth below shall be initiated:
STEP 1 - The grievant shall forward a written copy of the grievance to the Step II levelPrincipal in the format indicated above. A copy thereof shall, at the same time, be filed with the Superintendent and the Association. The Principal shall schedule a meeting with the grievant to take place within five (5) days of the receipt of the grievance. The Principal shall provide a written decision to the grievant, which shall include the reason upon which the decision is based, within five (5) days of said meeting.
B. Step II STEP 2 - If the grievance is not resolved by the informal procedure at Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form1, the grievant must clearly indicate may appeal the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred Principal’s decision by filing a written notice of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same appeal to the Superintendent within five (5) days of the date that the decision was due. Said appeal must include reasons for the grievant’s dissatisfaction with the decision and the remedy sought. A copy thereof shall at the same time be filed with the Association. The Superintendent shall arrange for a meeting with the grievant to take place within five (5) days of receipt of its disposition the appeal. The Superintendent shall provide a written decision to the grievant, which shall include the reason upon which the decision is based, within fifteen (15) days of this meeting.
STEP 3 - If the grievance is not resolved at Step II. Failure to file such 2, the grievant may appeal the Superintendent’s decision by filing a written notice of appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver date that the Superintendent’s response was due. Said appeal must be filed in writing with the Chairman of the right to appealBoard, together with written reasons for the grievant’s dissatisfaction with the Superintendent’s decision and remedy sought. Within ten fifteen (1015) days of receipt of the grievance formappeal, the Superintendent Boards shall meet arrange for a meeting with the grievant to hear the basis of the grievant’s dissatisfaction with the Superintendent’s response. The grievant may present the Board with such testimony and witnesses as he deems necessary to develop the facts pertinent to the grievance. Within ten seven (107) days of the said meeting, the Superintendent Board shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding provide a copy written decision to the grievant, with copies provided to the Union and the immediate supervisorAssociation.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A grievant Any member of the Association who has a grievance shall first discuss it with his or her immediate supervisor or principal in an attempt to resolve the matter informally at that level. In the event that the member has no immediate supervisor or principal in their building, they are to report the grievance to the Business Administrator. The principal or immediate supervisor shall give his/her decision on the matter within five (5) school days of the date of the discussion. To be considered, the employee must initiate a grievance within thirty (30) calendar days of its occurrence. The Association member may appeal this decision in writing to the Business Administrator or the Principal, according to the district's current organizational chart, within five (5) school days. The Business Administrator or the Principal shall have the option to meet with the appropriate immediate supervisorAssociation member and their representative and then will communicate his/her decision in writing to the Association member within five (5) school days of receipt of the written complaint. This meeting If the grievance is not settled at the above step, the grievance shall be proceed in writing to the Superintendent of Schools within five (5) school days of the above decision. The Superintendent shall receive a report on an informal basis the grievance and shall be held take such steps as he/she deems necessary and desirable. Either party may request a private conference. The Superintendent shall determine whether a conference is necessary. The Superintendent shall attempt to resolve the matter as quickly as possible, within a period not to exceed ten (10) days following the act or condition which is the basis for the grievanceschool days. The grievant Superintendent shall let it be known communicate the decision in writing, along with supporting reasons, to the Association member, the principal or immediate supervisor, and the Association. In the event that the meeting grievance is not resolved at the Informal Step 1 of Superintendent level, the grievance procedure. All potential grievances shall following process should be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II followed: For Teaching Staff: If the grievance is not resolved to the Association member's satisfaction, the Association member may request a review by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance Board within five (5) days after such meeting by completing Step II school days. The request shall be submitted in writing through the Superintendent of Schools, who shall attach all related materials and forward the request to the Board. The Board, or a committee thereof, shall review the grievance, hold a hearing with the Association member if requested, and render a decision within thirty-five (35) calendar days. If the Association is dissatisfied with the determination of the Grievance Report Form Board and returning in the further event that the grievance involves the interpretation of application of this contract, but does not involve a tenure charge (18A:6-10), withholding of an increment (18A:29-14), or a non-renewal of a non-tenured teacher's contract (18A:27-10), then a request for arbitration shall be made by the Association within fifteen (15) calendar days following the determination by the Board, with a copy sent to the grievant, Board. The parties shall then be bound by the Union rules and procedures of the Public Employment Relations Commission (P.E.R.C.) as to the selection of an arbitrator. The Arbitrator's decision shall be in writing and shall be submitted to the Board and the Superintendent.
C. Step III If Association and shall be final and binding on the parties. The compensation of the Arbitrator shall be borne equally by the parties. Failure by the grievant is not satisfied with at any step of this procedure to appeal a grievance to the disposition next step within a specified time limit shall be deemed to be acceptance of the decision rendered at that step. Failure at any step of the procedure to communicate a decision of the grievance at Step II, to the grievant within the specified time limits shall complete Grievance Report Form, Step III, and submit same automatically advance the grievance to the Superintendent within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance form, the Superintendent shall meet with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and the immediate supervisornext level.
Appears in 2 contracts
Procedure. A. Step I A grievant a. An employee with a grievance shall first discuss it with his/her immediate supervisor in an attempt to mutually resolve the grievance with the appropriate immediate supervisormatter at that level. This meeting A written decision shall be on an informal basis and shall be held within ten (10) days following the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved rendered by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within supervisor within five (5) days of receipt work days.
b. If the employee is not satisfied with the resolution of the Grievance Report Formgrievance following his or her discussion with the immediate supervisor, the employee with a grievance shall first submit it in writing through the Association’s Grievance Representative to the immediate supervisor within five work days. The immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of employee and the grievance Association's Grievance Representative within five (5) work days after such meeting by completing Step II of receiving the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendentwritten grievance.
C. Step III c. If the grievant aggrieved person is not satisfied with the disposition of the grievance at Step II, by the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent immediate supervisor or if no decision has been rendered within five (5) work days after his/her meeting, the employee shall file the written grievance with the president of the Association and/or the Association's grievance committee within five (5) work days if he/she wishes to proceed with the grievance. If the Association feels that the grievance should be appealed, a written grievance shall be filed with the Director of Human Resources or his/her designee within five (5) work days.
d. If the Association is not satisfied with the disposition of the grievance by the Director of Human Resources or his/her designee, or if no written decision has been rendered within five (5) work days, the Association may file a written grievance with the Superintendent or his/her designee within ten (10) work days.
e. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his/her designee, or if no written decision has been rendered within ten (10) work days, the Association may request a hearing with the School Board. The School Board hearing will be held within twenty (20) work days of receipt of the written request and a written decision rendered within ten (10) work days.
f. If the decision of the Board does not resolve the grievance, the grievance may be appealed to arbitration in the following manner: The Board shall be notified in writing within twenty (20) calendar days after the date of its decision that the grievance is being submitted for arbitration.
i. The following procedure shall be used to secure the services of an arbitrator:
1. The parties will attempt to agree upon a mutually satisfactory third party to serve as arbitrator. If no agreement is reached within ten (10) calendar days, the American Arbitration Association (AAA) will be notified and requested to submit a roster of at least seven (7) persons qualified to function as arbitrator.
2. If the parties are unable to determine a mutually satisfactory arbitrator from the submitted roster within ten (10) calendar days, they shall request the AAA to submit a second roster of at least seven (7) names.
3. If the parties are unable to determine, within ten (10) calendar days of the receipt of its disposition at Step IIthe second list, a mutually satisfactory arbitrator, the AAA shall submit a third roster with three (3) names. Failure to file such appeal If an arbitrator cannot be mutually agreed upon within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt calendar days, the parties shall arrange a conference telephone call with the Chairman or designee of the grievance formAAA during which each party shall be given an opportunity to establish good cause as to why any individual on the roster should not be appointed. The Chairman shall then designate an arbitrator from said roster.
4. The arbitrator shall limit him/herself to the issues submitted to him/her. The arbitrator shall be bound by and must comply with all of the terms of this Agreement. The arbitrator shall have no power to add to, delete from, or modify in any way any of the Superintendent provisions of this Agreement. The decision of the arbitrator shall meet with be binding.
5. The arbitrator shall issue and mail the grievant. Within ten arbitrator’s report to each party within thirty (1030) calendar days of the meetingcompletion of the arbitrator’s hearing.
6. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence, and any other relevant expense shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.
g. No reprisals of any kind will be taken by the District or by the Association against any employee, District staff member, or any other participant in the grievance procedure.
h. A grievance which is not filed within forty-five (45) working days of the event(s) underlying the alleged grievance shall be waived regardless of whether the employee knew or should have known of the act or the condition on which the grievance is based.
i. Time limits for the processing of grievances may be extended by mutual agreement, in writing, by both parties.
j. Forms for the grievance procedure will be jointly prepared by the Superintendent shall write or his/her disposition of designee and the grievance by completing his/her portion of Step IIIAssociation, and forwarding a copy to the grievant, the Union and the immediate supervisorwill be given appropriate distribution.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A grievant 232 An employee shall not have a grievance unless the matter complained of is first brought to the attention of their department head, or their designated representative, by the employee. At that time, the department head or their designated representative, shall set a time and date, to discuss the grievance matter with the appropriate employee and if appropriate, the employee's immediate supervisor. This meeting At the employee's request, the employee’s chief ▇▇▇▇▇▇▇/▇▇▇▇▇▇▇, as the case may be, shall be present during the discussion. If the matter is not resolved between the department head, or their designated representative, and the employee within seven (7) calendar days, the employee may submit their grievance using the following grievance procedure. 233 The following grievance procedure shall be the sole and exclusive means for resolving all grievances: 234 An aggrieved employee promptly, and in no event later than fifteen (15) calendar days after facts have occurred giving rise to their grievance, shall reduce their grievance to writing on an informal basis a form provided by the University and submit it to their department head, or designated representative, for written answer. 235 The grievance shall be dated and signed by the aggrieved employee and their chief ▇▇▇▇▇▇▇/▇▇▇▇▇▇▇ and shall set forth the facts, including dates, and provisions of the Agreement that are alleged to have been violated and the remedy desired. 236 The grievance shall not be held considered submitted until the department head, or designated representative, receives the written grievance. At the time it is received it shall be dated and a copy returned to the aggrieved employee. 237 If the aggrieved employee does not receive a satisfactory written answer within fifteen (15) calendar days after their written grievance is submitted to their department head, or his designated representative, the employee may submit their written grievance to the University Review Committee for written answer provided the employee submits it within seven (7) calendar days following receipt of an unsatisfactory answer at Step One or within twenty-two (22) calendar days from the time the grievance was submitted at Step One. 238 Upon receipt of the written grievance, the University Review Committee shall set a mutually acceptable place and time within fifteen (15) calendar days, unless there is a mutual Agreement otherwise as to time, for discussion of the grievance. The aggrieved employee's chief ▇▇▇▇▇▇▇/▇▇▇▇▇▇▇ and a reasonable number of non-employee Union officials may assist them in the discussion. A written answer shall be provided within ten (10) days following calendar days, except that this time limit may be extended by mutual Agreement of the act University and the Union. 239 If the chief ▇▇▇▇▇▇▇/▇▇▇▇▇▇▇ from another representation area possesses technical or condition which is craft specialty skills and knowledge expertise related to the basis for grievance issue that may contribute to the understanding and resolution of the grievance, that chief ▇▇▇▇▇▇▇/▇▇▇▇▇▇▇ may also be released, in accordance with the ▇▇▇▇▇▇▇ release provisions of paragraph 240, to participate in the grievance hearings referenced in paragraphs 232 and 237 above. Such request for release shall be made with reasonable prior notice from the Union to the appropriate University Human Resources Office, which will coordinate the release with the applicable operation units. The grievant shall let it parties recognize that this type of release would be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted an exception to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step IIInormal hearing participation procedures, and submit same to the Superintendent within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance form, the Superintendent shall meet with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and the immediate supervisorit will not be abused.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A grievant shall first discuss the grievance with the appropriate immediate supervisor. This meeting The grievance/arbitration procedure shall be on an informal basis subject to all State and Federal laws and judicial interpretations. Any grievance or dispute not submitted according to the foregoing procedure shall be held within ten (10) days following the act or condition which is the basis foreclosed for the grievanceall contractual and legal purposes. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances No employee shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not entitled to use the informal proceduregrievance procedure until the employee has completed their required probationary period. This includes employees who wish to grieve the Drug-Free Workplace Last Chance Agreement. The FOPE shall not be required to process grievances for employees who are not members in good standing of the FOPE. Time limits set in this Article shall not include Saturdays, it Sundays or paid Holidays or days off on a School Board calendar. Grievances filed during the period of June 15 to August 15 may be pursued further by submitting held in abeyance until the first week of the school year if grievant, witnesses and/or supervisor are on leave. Timeline for grievances held in abeyance will begin the first day students return. Failure of administrator to respond to a completed Grievance Report Form. On grievance within the prescribed time limits will allow FOPE to automatically move the grievance formto the next step. Nothing herein shall preclude the earlier settlement of any grievance directly by agreement between the Employer and the FOPE; however, such settlement shall not constitute an admission that the contract was violated, nor shall it be used as a precedent for future contract interpretation. Any dispute or grievance arising between the employer and the FOPE or any bargaining unit member over the interpretation or application of this Agreement shall be settled in the following manner: Within seven (7) working days after the occurrence could have reasonably been known or the grievant became aware of the event giving rise to the grievance, the grievant must clearly indicate employee, with or without the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred assistance of the express written provisions of this Agreement. A copy of this form on-site representative, shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet take it up with the grievant. The immediate supervisor Manager/Designee who shall write render a disposition of the grievance decision within five (5) working days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievantand, the Union and the Superintendent.
C. Step III If if the grievant is not satisfied with the disposition of response then: Within seven (7) working days following the decision at Step One, the grievance shall be reduced to writing and signed by the aggrieved employee and the FOPE Business Representative and a copy given to the appropriate administrator, as determined by the Superintendent or his designee. The FOPE representative, the grievant, and a representative designated by the employer shall meet and attempt to resolve the dispute. The Department Head or Director shall render a decision within seven (7) working days. If, after reviewing the contractual language, the grievance is not resolved in Step Two, then the grievant and the FOPE may proceed to Step Three: Within seven (7) working days following the decision at Step IITwo, the written grievance will be processed by the Employee & Labor Relations Department. The FOPE Representative, the grievant and a representative designated by the employer shall complete Grievance Report Form, Step III, meet and submit same attempt to resolve the dispute. The response to the Superintendent grievance shall be rendered within five thirty (530) working days of thereafter. If the receipt of its disposition at FOPE is not satisfied with the response in Step II. Failure to file such appeal within five (5) days from receipt of Three, then: If the written disposition at FOPE is not satisfied with the response in Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance formThree, the Superintendent shall meet with the grievant. Within ten (10) days of the meetingFOPE may request such dispute or grievance be submitted to Arbitration, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy pursuant to the grievant, the Union and the immediate supervisorArticle 6.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A grievant grievance shall be deemed waived and barred and outside the jurisdiction of an arbitrator if it is not presented in writing within the longer of twenty (20) school days of the occurrence complained of or twenty (20) school days after the administrator would be reasonably expected to know of its occurrence. An employee processing a grievance shall be assured freedom from interference, coercion, discrimination or reprisal. In the presentation of a grievance, an employee shall have the right to present his/her own appeal or to designate a representative to appear with him/her at any step in his/her appeal. An employee shall first discuss the grievance with the appropriate present his/her grievance, verbally, his/her immediate supervisor. This meeting shall be on an informal basis and shall be held within ten (10) days following the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by to the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to employee’s satisfaction within five (5) school days after discussing with the immediate supervisor, the employee may submit his/her grievance to the Superintendent of Schools in writing specifying:
a. The interpretation, application or violation of this Agreement or Board policy or Administrative decision which affects a term and condition of employment, and
b. The specific section of the Agreement, Board policy or Administrative decision allegedly violated, and
c. The extent of the injury, loss, or inconvenience resulting from the alleged violation of the term or condition of employment, and
d. The date of the alleged interpretation, application, or violation, and
e. The specific remedy sought. Within five (5) school days from the receipt of this written grievance (unless a different period is mutually agreed upon) the Superintendent may hold a hearing at which all parties in interest shall have the right to be heard. If the Superintendent does not render a decision within ten (10) workdays of the receipt of the Grievance Report Formwritten grievance, or if the immediate supervisor shall meet with Superintendent’s decision is unsatisfactory to either party, then the grievantdissatisfied party may appeal to the Board of Education. The immediate supervisor shall write a disposition of the grievance Such appeal must be submitted within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning Superintendent’s decision or, in the event the Superintendent does not render a timely decision, within fifteen (15) days of the date the written grievance was submitted to the Superintendent. Where an appeal is taken to the Board, there shall be submitted by the appellant:
a. the writings set forth in a through d, above.
b. a copy of said materials shall be furnished to the grievant, the Union and the Superintendent.
C. Step III Superintendent If the grievant in his/her appeal to the Board, does not request a hearing, the Board may consider the appeal on the written record submitted to it, or the Board may, on its own, conduct a hearing, or it may request the submission of additional written material. Where additional written materials are requested by the Board, copies thereof shall be served upon the adverse parties who shall have the right to reply thereto. Where the appellant requests in writing a hearing before the Board, a hearing shall be held. The Board shall make a determination within forty-five (45) days from the receipt of the grievance and shall in writing notify the employee, his/her representative if there be one, the principal and the Superintendent of its determination. The time period may be extended by mutual agreement of the parties. If the aggrieved person is not satisfied with the disposition of the grievance at Step IIas determined by the Board, or if no decision has been rendered within the forty- five (45) school days after the grievance was delivered to the Board of Education, a grievance which is based solely upon an alleged violation, misinterpretation or misapplication of the express written terms of this Agreement may be submitted to advisory arbitration. In all other grievances, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance form, the Superintendent shall meet with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion the Board will be final. The Board and the Association shall attempt in good faith to agree upon a mutually acceptable arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such commitment within the specified period, a request for a list of Step III, and forwarding a copy arbitrators may be made to the grievant, American Arbitration Association by either party. The parties shall then be bound by the Union rules and procedures of the immediate supervisorAmerican Arbitration Association in the selection of the arbitrator.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A grievant shall first discuss Since it is important that grievances be processed as rapidly as possible, the grievance with number of days indicated at each level are maximums and every effort should be made to expedite the appropriate immediate supervisorprocess. This meeting shall However, the time limits may be on an informal basis and shall be held within ten (10) days following the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 extended by mutual agreement of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II levelparties.
B. Step II If the grievance is not resolved A. Level One
1. An employee and ▇▇▇▇▇▇▇, if requested by the informal procedure Step Iemployee, or if the grievant elects not to use the informal procedureshall, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) working days of the occurrence of the grievance, orally discuss the matter with the immediate supervisor with the objective of resolving the matter informally. All grievances of disciplinary action shall begin at level two in writing on the proper form. However, the foregoing time limit shall be waived up to twenty (20) working days in those cases where the grievant could not have been reasonably expected to know that a contract violation had taken place. If the aggrieved is not satisfied with the disposition from the oral discussion and wishes to further pursue the matter, he/she shall file the grievance in writing on a grievance form provided by the Board. The written grievance must be submitted to the Director of Buildings and Grounds or Supervisor of Transportation whichever is appropriate, within five (5) working days of the discussion of the grievance.
2. Within three (3) working days of the filing date, the Director of Buildings and Grounds or the Supervisor of Transportation or his/her representative shall meet with the aggrieved and the grievance committee* in an effort to resolve the grievance. A written answer shall be given within three (3) working days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendentmeeting.
C. Step III B. Level Two
1. If the grievant aggrieved is not satisfied with the disposition of the grievance at Step IILevel One, the grievant proper form as provided by the Board, shall complete Grievance Report Form, Step III, and submit same be forwarded within three (3) working days thereafter by the employee to the Assistant Superintendent within five (5) days for Human Resources or designee, stating a desire to pursue grievance to Level Two. At this level, the grievance form must be co-signed by the aggrieved and the Association and one signed and dated copy retained by the Association. *The grievance committee shall consist of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appealno more than three persons.
2. Within ten seven (107) working days of receipt of the grievance formsuch grievance, the Assistant Superintendent shall for Human Resources or designee, will meet with the grievantaggrieved and the grievance committee to discuss the issue. Within ten A written answer shall be given to the aggrieved and the N.I.E.A. representative within fifteen (1015) working days after receipt of such grievance.
C. Level Three The grievance shall be deemed settled on the basis of the meetinganswer given by the Assistant Superintendent for Human Resources or designee, unless within thirty (30) calendar days after receipt of the answer of the Assistant Superintendent for Human Resources or designee, or the expiration of the time for him/her to answer, whichever is earlier, the grievance is appealed to arbitration by the N.I.E.A. Any such appeal shall be made within that period by written demand for arbitration served upon the Assistant Superintendent for Human Resources. An exception to the foregoing shall write his/her disposition be a grievance which does not fall within the jurisdiction of the grievance arbitrator, as provided below, in which event the parties shall have recourse to their rights provided by completing his/her portion law with respect to any answer given by the Assistant Superintendent for Human Resources which is not accepted as satisfactory settlement of Step III, and forwarding the grievance. An exception to this procedure will be a copy mutually agreed upon meeting two weeks prior to an arbitration date for the grievant, parties to meet for a final attempt to settle before arbitration. If there is no agreement at this final meeting the Union and the immediate supervisorarbitration procedure will continue.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A grievant STEP 1: The aggrieved employee shall first discuss the present his/her grievance with the appropriate orally to his/her immediate supervisor. This meeting shall The aggrieved employee may request that an Association representative be on an present. Discussions will be informal basis and shall be held within ten (10) days following the act or condition which is the basis for the grievancepurpose of settling differences in the simplest and most direct manner. The grievant immediate supervisor shall let reach a decision and communicate it be known that orally to the meeting is aggrieved employee within five (5) working days from the Informal Step 1 of date the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to was heard by the Step II levelSupervisor.
B. Step II STEP 2: If the grievance is not resolved by settled at the informal procedure Step Ifirst step, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On aggrieved employee shall reduce the grievance formto writing on the standard Grievance Form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant sign it and present it to the immediate supervisor. Within Department Head within five (5) working days of the response of the Supervisor. The Department Head shall investigate the alleged grievance and have a meeting with the aggrieved employee within five (5) working days of receipt of the Grievance Report Formwritten grievance. The Department Head shall notify the aggrieved employee of his/her decision, in writing, not later than seven (7) working days following the meeting date.
STEP 3: If the grievance is not settled at the second step, the immediate supervisor aggrieved employee shall meet with forward the grievant. The immediate supervisor shall write a disposition of written grievance to the grievance City Manager within five (5) working days after such meeting by completing Step II of the Grievance Report Form and returning a copy to decision of the grievant, Department Head. The City Manager shall meet with the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent only on class action grievances within five (5) working days of the receipt of its disposition the written grievance. The City Manager may meet with an individual employee who has filed a grievance at Step IIthe City Manager's discretion. Failure The City Manager shall have ten (10) workdays from the date of receipt to file such provide a response on any grievance.
STEP 4: If a grievance, as defined in this Section, has not been satisfactorily resolved within the Grievance Procedure, the Union may request arbitration or to advance the grievance to the Personnel Board no later than ten (10) working days after the City Manager's response is provided in STEP 3 of the Grievance Procedure. This request shall be in the form of a request to the Federal Mediation and Conciliation Service, for a list of seven (7) arbitrators or a letter received by the Human Resources Director requesting to utilize the procedures established in the Personnel Code to appeal the City Manager's decision. Once the list is secured from FMCS, the parties shall have a maximum of twenty (20) workdays to alternately strike names from the list until only one name remains; the party requesting the list shall have the first strike. Each party shall have two working days to implement each strike except for the first strike which shall have five (5) workdays. The First strike shall be made within five (5) days from workdays of the certified date that both parties are in receipt of the written disposition at Step II FMCS list. The second strike shall constitute a waiver of the right to appeal. Within ten occur within two (102) days workdays of receipt of the grievance form, the Superintendent first strike and each strike shall meet with the grievant. Within ten be made within two (102) days workdays of receipt of the meetingpreceding strike until all strikes are completed. A party who fails to make its' strike within the prescribed time frames shall forfeit its' right to make that strike, and the Superintendent opposing party shall write then have two strikes. Nothing contained in this Article shall prevent any employees covered by this Agreement from processing his/her disposition of own grievance unassisted through the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and the immediate supervisorGrievance Procedure.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Procedure. A. School Level (Step I l). A grievant shall first discuss paraprofessional or her Union representative may either orally or in writing present a grievance to the grievance with Principal or Director within a reasonable time, normally within thirty (30) school days after knowledge by the appropriate immediate supervisor. This meeting shall be on an informal basis and shall be held within ten (10) days following paraprofessional of the facts giving rise to the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II levelcomplaint.
B. Superintendent Level (Step II 2). If the grievance is not resolved at Step l, the aggrieved paraprofessional and/or the Union may appeal by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On forwarding the grievance form, in writing to the grievant must clearly indicate Superintendent within five (5) school days after receiving the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred Step l decision.
i. Name and position of Grievant;
ii. A statement of the express written provisions grievance and the facts involved;
iii. The corrective action requested;
iv. Name of this AgreementUnion building representative or Union's designee at Step l; and
v. Signature(s) of grievant(s), Union building representative or Union designee. A copy of this form The Superintendent shall be submitted by hold a meeting with the grievant to aggrieved paraprofessional and the immediate supervisor. Within Union within five (5) days of receipt of the Grievance Report Formgrievance, and shall notify the immediate supervisor shall meet with aggrieved paraprofessional and the grievantUnion at least two (2) school days prior to the meeting. The immediate supervisor paraprofessional shall write be present, except that she need not attend when it is mutually agreed that no facts are in dispute and that the sole question before the Superintendent is one of interpretation of a disposition provision of the grievance this Agreement or of what is established policy or practice. The Principal may be present at this conference and state his/her views. The Superintendent shall communicate his/her decision in writing within five (5) school days of the meeting to the paraprofessional and the Union.
C. School Committee Level (Step 3). An appeal of the foregoing step may be made in writing by the paraprofessional or the Union to the Committee for review within twenty (20) school days after such meeting by completing Step II the decision of the Superintendent has been received.
D. Arbitration (Step 4). It is the express interest of the Parties hereto that the arbitration procedures defined below be limited to matters set forth in Article XII, Grievance Report Form and returning Procedure, Section A, Definition. No other subject, direct or collateral, shall be arbitrable except by a copy to the grievant, mutual written agreement signed by the Union and the SuperintendentCommittee.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance form, the Superintendent shall meet with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and the immediate supervisor.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Nothing in this article will be interpreted as discouraging or prohibiting informal discussions of a dispute by the employee and the Employer prior to the filing or starting of a grievance. If initiated, each grievance will be processed in the following manner:
Step I 1. Supervisor/Employer designee. Within five (5) working days of the dispute giving rise to the grievance, an employee will reduce his grievance to writing, and file it with his Supervisor/Employer designee. The grievance must be filed on a grievance form setting forth the details of the grievance as required by Section 2 and be dated and signed by the employee and the Union representative. A grievant shall first discuss ▇▇▇▇▇▇▇ having an individual grievance in connection with his/her own work may ask for any member of the grievance committee to assist him/her in adjusting the grievance with the appropriate immediate supervisor. This meeting shall be on an informal basis and shall be held within ten (10) days following the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate his/her supervisor. Within five (5) working days after the grievance is filed at Step 1, the Supervisor/Employer designee will provide a written response to the grievance to the aggrieved employee.
Step 2. Department Head/Employer designee. If the grievance is not satisfactorily settled at Step 1, the Grievant will, within five (5) working days after receipt of the Step 1 answer or a default rejection based on non-response within the Step 1 timeline, file an appeal of the Step 1 result with the employee's Department Head. The appeal will be dated and signed by the employee and the Union representative and will include all of the initial paperwork or other grievance documents filed at the preceding step(s). A grievance identification will be assigned by the Human Resources Department. The Department Head/Employer designee will schedule a meeting to discuss and evaluate the grievance or deny the grievance within five (5) working days of receiving the Step 1 appeal. If a meeting is held, the Department Head/Employer designee will provide a written answer to the aggrieved employee within five (5) working days after such meeting.
Step 3. Mayor/designee. If the grievance is not satisfactorily settled at Step 2, the grievant will, within five (5) working days after receipt of the Step 2 answer or a default rejection based on non-response within the Step 2 timeline, appeal in writing to the Mayor. The appeal will be dated and signed by the employee and the Union representative and will include all of the initial paperwork or other grievance documents filed at the preceding step(s). The Mayor and/or his designee will within five (5) working days of receipt of appeal schedule a meeting to discuss and evaluate the Grievance Report Formgrievance or deny the grievance. If a meeting is held, the immediate supervisor shall meet Mayor/designee will give his answer to the Local Union President in writing with a copy to the grievantaggrieved employee within five (5) working days after such conference. The immediate supervisor shall write a disposition Ohio Council 8 Regional Director or members of the grievance Regional Director’s staff may attend any Step 3 meeting. A copy of the answer will also be submitted to Ohio Council 8 within five (5) days after such meeting by completing Step II 3 meeting.
Step 4. Arbitration. If the grievance is not satisfactorily settled at Step 3, it may be submitted for arbitration upon request of the Grievance Report Form Union in accordance with Section 6 of this article.
A. A policy grievance which affects all or a substantial group of employees and returning a copy to arising from the grievant, same event or set of facts may initially be presented by the Union and the Superintendent.
C. itself at Step III If the grievant is not satisfied with the disposition 3 of the grievance procedure, subject to the applicable time limitations as if filed at Step II1. All affected employees will be listed on the grievance form.
B. Grievances involving the discharge of an employee, the grievant shall complete Grievance Report Formor any other running back-pay liability case, will be brought initially to Step III, and submit same to the Superintendent within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt 3 of the grievance formprocedure, the Superintendent shall meet with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy subject to the grievant, the Union and the immediate supervisorapplicable time limitations as if were filed at Step 1.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Informal Step I A grievant shall Any professional staff member or group of professional staff members having a grievance must first discuss the grievance with the appropriate immediate supervisor. This meeting shall be on an informal basis and shall be held building principal within ten fifteen (1015) days following after the act or condition which is the basis for action giving rise to the grievance. The grievant shall let it has the right to be known that the meeting is the Informal Step 1 accompanied by a Third Party as defined above at any step of the grievance procedureprocess. All potential grievances Step One If the discussion does not resolve the grievance to the satisfaction of the grievant, the grievant shall have the right to lodge a written grievance with the building principal within twenty (20) days after the informal step meeting. The written grievance shall be submitted to on a Union Grievance Committee composed standard form and shall contain a statement of one representative from each classification for approval prior to going to the Step II level.
B. Step II If facts upon which the grievance is not resolved by based and a reference to the informal procedure Step Ispecific provision of the negotiated agreement, Board of Education policy, or if individual teacher contract, allegedly violated or misapplied. The grievant shall have the grievant elects not right to use request a hearing before the informal procedure, it may be pursued further by submitting a completed Grievance Report Formbuilding principal. On The request shall appear on the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form and a hearing shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance conducted within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) days of the receipt of its disposition the request. The hour and day of the hearing shall be by mutual consent and at Step IIa place agreed upon by both parties. Failure to file such appeal The building principal shall take action on the written grievance within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten grievance or five (105) days of receipt of after the grievance formhearing, if applicable. The action taken and the Superintendent reasons for the action shall meet with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, be reduced to writing and forwarding a copy copies sent to the grievant, the Union Ottawa Hills Education Association, and the immediate supervisorSuperintendent. (5) days after receipt of the request. The hour and day of the hearing shall be by mutual consent and at a place agreed upon by both parties. The Superintendent shall take action on the appeal of the grievant within five (5) days after the hearing is held. The action taken and the reasons for the action shall be reduced to writing and copies sent to the grievant, the Ottawa Hills Education Association, and the building principal.
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
Procedure. A. Step I A grievant The aggrieved employee or the Union ▇▇▇▇▇▇▇ shall first discuss the grievance matter with the appropriate employee’s immediate supervisor. This meeting supervisor with the objective of resolving the issue informally.
Step 1 If the matter is not resolved informally, the aggrieved employee or the Union ▇▇▇▇▇▇▇ shall be reduce any grievance to writing on an informal basis the grievance form and shall be held present it to the employee’s immediate supervisor within ten (10) work days following of the act event-giving rise to the grievance or condition of the date on which is the basis for employee or Union knew or should have known about the grievance. The grievant shall let it be known that However, if the meeting is parties mutually agree to waive Step 1, then the Informal Step 1 of the written grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the presented at Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor2. Within five seven (57) work days of receipt of the Grievance Report Formgrievance the supervisor, the immediate supervisor shall meet with Union ▇▇▇▇▇▇▇, and the grievantemployee will meet. The immediate supervisor shall write will issue a disposition of written answer to the grievance within five (5) work days after such following the meeting to both the aggrieved employee and the Union ▇▇▇▇▇▇▇. Nothing in this section shall preclude the Union Business Agent from participating, if notified by completing Step II the Union ▇▇▇▇▇▇▇ and available at the scheduled time for meeting, but the supervisor shall not be obligated to notify the Union Business Agent of the Grievance Report Form and returning a copy meeting or to postpone the meeting to enable the Union Business Agent to attend.
Step 2 If the matter is not resolved to the grievant, satisfaction of the grievant and the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II1, the grievant shall complete Grievance Report Form, Step III, and may submit same the grievance to the Superintendent or designee within five (5) work days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from following receipt of the written disposition at Step II shall constitute a waiver of the right to appeal1 response. Within ten seven (107) work days of receipt of the grievance formthe Superintendent or designee, the Union representative, and the employee will meet. The Union representative may be the Union Business Agent as long as the Agent is available at the scheduled time of the meeting or is willing to extend grievance timelines at Step 2 as necessary to enable rescheduling of the meeting. The Superintendent shall meet with can ask for agreed upon extension of the grievantgrievance timelines at Step 2. Within The Union Business Agent may choose, however, to send a designee (i.e., ▇▇▇▇▇▇▇) to the meeting instead. The Superintendent or designee will issue a written answer to the grievance within ten (10) work days following the meeting to both the aggrieved employee and the Union representative.
Step 3 If the matter is not resolved to the satisfaction of the meetinggrievant and the Union at Step 2, the Superintendent shall write his/her disposition parties may agree to submit the grievance to Federal Mediation and Conciliation Services (FMCS) mediation within ten (10) work days following receipt of the grievance by completing his/her portion of Step III, and forwarding 2 response. The parties should attempt to agree on a copy to FMCS mediator. In the grievantevent there is no agreement, the Union will request that FMCS appoint a mediator.
Step 4 If the matter is not resolved to the satisfaction of the grievant and the immediate supervisorUnion at Step 2 (or Step 3 if the parties agree to mediation), the Union may advance the dispute to arbitration by serving upon the Board written notice of the intent to submit the matter to arbitration within fifteen (15) work days following receipt of the Step 2 response or the date of mediation, whichever is applicable.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. A. A grievance shall be filed according to the following procedures:
Step I A grievant shall first discuss 1. The Union, on behalf of any employee who claims that he/she has a grievance, may within sixty (60) calendar days of the event giving rise to the grievance, present the grievance with informally either orally or in writing to the appropriate immediate supervisorsupervisor of the alleged affected employee(s) or who is directly involved in the event. This meeting Grievances not presented within the time period shall be on an informal basis deemed to be waived and shall be held within ten (10) days following the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of event giving rise to the grievance procedureshall remain unaltered in any respect. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved orally, the supervisor shall give a written answer to the Union within ten (10) calendar days from the receipt of the grievance by the informal procedure Step Isupervisor. When the immediate supervisor is also the department head, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by presented directly as provided in paragraph (3).
Step 2. If the grievant to grievance is not resolved with the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step IImay, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five ten (510) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) calendar days from receipt of the written disposition at Step II shall constitute a waiver of supervisor's answer forward the right grievance in writing to appealthe department head for consideration. Within If the grievance is not submitted within ten (10) calendar days from the date of receiving the decision from the immediate supervisor, the immediate supervisor’s decision shall be final and binding. Answer to the grievance shall be made in writing by the department head, after conferring with the Union, within fifteen (15) calendar days from receipt of the grievance formUnion.
Step 3. If the department head does not resolve the grievance, the Superintendent shall meet with the grievant. Within grievance may be forwarded within ten (10) calendar days to the City Manager for consideration. If the grievance is not submitted within ten (10) calendar days from the date of receiving the meetingdecision from the department head, the Superintendent department head’s decision shall write his/her disposition be final and binding. The City Manager shall answer the grievance, after conferring with the Union, within fifteen (15) working days after receipt from the Union.
Step 4. At the Union’s request, the matter may be referred to mediation with a neutral third party. The City and the Union may mutually agree to the selection of a mediator or may request a list of nine (9) candidates from the grievance State Mediation and Conciliation Service. If the parties cannot mutually agree on the party to be selected, it shall be determined by completing his/her portion of Step IIIlot which party may first strike a name from the list. The parties shall alternately strike one (1) name and the last name remaining shall be selected. Each side will bear its own costs for said mediation, and forwarding a copy the actual cost for the service will be shared equally between the City and the Union.
Step 5. If the parties are unable to resolve their dispute through mediation or if the grievantparties do not elect to participate in mediation, the Union and may, within ten (10) calendar days following the immediate supervisorlatter of (i) the receipt of the City Manager’s report at Step 3 or (ii) the completion of the mediation process, if applicable, submit a written request for a hearing before the City Council. Upon such a request, the City Council shall schedule a hearing within thirty (30) calendar days. The decision of the City Council shall be final.
Appears in 1 contract
Sources: Memorandum of Understanding
Procedure. A. Step I A grievant shall first discuss the Pre-grievance with the appropriate immediate supervisor. This meeting meeting: No grievance shall be on an informal basis and shall be held entertained or processed unless it is submitted within ten five (105) business days following after the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the pre-grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisormeeting. Within five (5) business days of receipt an alleged violation of the Grievance Report Formcontract, or within five (5) business days after the employee through the use of reasonable diligence should have obtained knowledge of the occurrence of the event giving rise to the grievance and prior to initiating Step 1 by the filing of a grievance, the immediate supervisor Union and the grievant shall meet with the grievantFire Chief or the Chief’s designee to discuss the potential grievance. The immediate discussion shall include the facts and events in the context of the specific contract provisions, and why the Union believes the challenged interpretation or application violates the contract.
Step 1: No grievance shall be entertained or processed unless it is submitted within five (5) business days after the pre-grievance meeting. Any employee covered by this Agreement who has a grievance shall submit it to the supervisor who is designated for that purpose by the City, provided that said grievance shall be in writing on the standard grievance form and signed by both the aggrieved employee and the appropriate Union Representative. The supervisor shall write a disposition give the supervisor’s written answer within five (5) business days after such presentation.
Step 2: If the grievance is not settled in Step l and the employee wishes to appeal the grievance to Step 2 of the Grievance Procedure, it shall be referred in writing on the same standard grievance form submitted at Step l to the Fire Chief within five (5) business days after the designated supervisor's answer in Step l and shall be signed by both the Employee and Union Representative. The Fire Chief, or the Fire Chief’s representative, shall discuss the grievance within five (5) business days after such meeting by completing Step II of with the Grievance Report Form and returning Union Representative at a copy time mutually agreeable to both parties. The Fire Chief, or the Fire Chief’s representative, shall respond in writing to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) business days of following their meeting.
Step 3: If the receipt of its disposition at grievance is not settled in Step II. Failure 2 and the Union desires to file such appeal appeal, it shall be referred by the Union in writing to the Mayor or the Mayor’s designated representative on the same standard grievance form submitted in Step l within five (5) business days from receipt of after the City's answer in Step 2. A meeting between the Mayor or the Mayor’s representative and the Chief Union Representative shall be held at a time mutually agreeable to the parties. The Mayor or the Mayor’s representative shall give the City's written disposition at Step II shall constitute a waiver of answer to the right to appeal. Within Union within ten (10) business days of receipt of the grievance form, the Superintendent shall meet with the grievant. Within ten (10) days of following the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and the immediate supervisor.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. A. Step I A grievant In the event an employee believes he/she has been unjustly dealt with or any of the provisions of this Contract have been violated, he/she shall first discuss proceed as follows:
a) Discuss the grievance matter with the appropriate his/her immediate supervisor, specifically identifying the alleged problem. An attempt should be made at this level to resolve the situation. This meeting must take place within three (3) working days of the occurrence of the event giving rise to the grievance or within three (3) working days of the day the facts become known by the grievant.
b) If not satisfactorily resolved between the employee and the immediate supervisor, the employee and the Union ▇▇▇▇▇▇▇ should take the matter to the supervisor and the department manager. The Union ▇▇▇▇▇▇▇ is obligated to arrange this meeting within three (3) working days of the meeting described in Item (a) above. If three (3) working days elapse with no action on this step, then the matter shall be on an informal basis and considered closed.
c) If a satisfactory agreement is not reached in Item (b) above, the Union should issue the grievance in the form of a written grievance form. This must be done within five (5) working days of the meeting described in Item (b) above. If a grievance is not submitted within five (5) working days, then the matter shall be held considered closed. The grievance should state the article and section of the contract that was allegedly violated. A copy of this grievance form should be submitted to the Branch Manager and to the Business Agent at the Union.
d) The Company is obligated to issue a written response within five (5) working days of its receipt of the written grievance form. A copy of this response will be submitted to the grievant, Union ▇▇▇▇▇▇▇, and Business Representative at the Union. If the Company fails to issue a written response within five (5) working days, then the grievance will be considered valid, and appropriate monetary and/or non-monetary relief, as requested in the grievance, will be made on a non-precedent setting basis.
e) Upon receipt of the Company's written response, the Union Business Agent must contact the Company to arrange a meeting within ten (10) days following working days. This contact must be made with an appropriate department manager at the act or condition which is the basis for the grievanceCompany. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is Union does not resolved by initiate the informal procedure Step I, or if scheduling of a meeting within the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of day time limit, then the grievance form, will be considered closed.
f) If a satisfactory agreement is not made at the Superintendent shall meet with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievantmeeting described above, the Union and the immediate supervisor.will have ten
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. A. Step I 1. All grievances shall be initiated in writing on the level where the actions or decisions complained of were made. The written grievance at all levels of the procedure shall include a concise statement of the grievance and the remedy sought.
2. Level One - Principal/Immediate Supervisor A grievant grievance shall first discuss be presented within fifteen (15) working days after the date of occurrence of the alleged violation or interpretation of the contract, or the date of the adoption of the policy or administrative decision, as the case may be, to the Principal/Immediate Supervisor, or shall be deemed to have been waived. The employee or the Association shall submit the grievance in writing and discuss it with the appropriate immediate supervisorPrincipal/Immediate Supervisor. This meeting The Principal/Immediate Supervisor shall have ten (10) working days after receipt of the grievance in writing to render his decision in writing.
3. Level Two - Superintendent If the grievance concerns an action or decision of the Principal/Immediate Supervisor or if no satisfactory decision or no decision was rendered at Level One, or if the grievance is district wide, the employee or the Association shall submit the grievance in writing and discuss it with the Superintendent. Grievances that are appealed from Level One shall be on an informal basis and submitted at Level Two within five (5) working days after receipt of the decision at Level One or ten (10) working days after the grievance was submitted at Level One, whichever is sooner, or shall be deemed to have been waived. The Superintendent shall have ten (10) working days after receipt of the grievance in writing to render a decision in writing.
4. Level Three - Board of Education If the grievance concerns an action or decision of the Superintendent or if no satisfactory decision or no decision was rendered at Level Two, the employee or the Association shall submit the grievance in writing and discuss it with the Board. Grievances that are appealed from Level Two shall be submitted at Level Two within five (5) working days after receipt of the decision at Level Two or fifteen (15) working days after the grievance as submitted at Level Two, whichever is sooner, or shall be deemed to have been waived. A meeting between the Board and the Association representative will be held concerning the grievance within fourteen (14) working days after the grievance was submitted at Level Three. The Board shall have ten (10) working days after the meeting with the Association representative to render a decision in writing.
5. Level Four - Arbitration
a. If a grievance concerns the interpretation, application, or violation of this Agreement and if no satisfactory decision or no decision was rendered at Level Three, the Association may submit the grievance to arbitration by sending a Demand for Arbitration to the Board and the State of New Jersey Public Employment Relations Commission (PERC) at its Trenton, New Jersey office. Such demand shall be sent within ten (10) working days following after receipt of the act decision of the Board or condition which twenty (20) working days after the meeting with the Board, whichever is sooner, or shall be deemed to have been waived.
b. The arbitrator will be required to issue his decision within thirty (30) calendar days from the basis for date of the grievanceclosing of the hearing. The grievant arbitrator's decision shall let it be known that in writing and will set forth his findings of fact and conclusions on the meeting is the Informal Step 1 issues submitted. The decision of the grievance procedure. All potential grievances arbitrator shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to final and binding upon the Step II levelparties.
B. Step II If the grievance is not resolved by the informal procedure Step Ic. The arbitrator shall have no authority to add to or subtract from or modify, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance formin any way, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions terms of this Agreement. A copy .
d. The cost for the services of this form the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room, shall be submitted borne equally by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union Board and the SuperintendentAssociation. Any other expenses incurred shall be paid by the party incurring same.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance form, the Superintendent shall meet with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and the immediate supervisor.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. A. Step I A grievant shall first discuss the STEP 1. Any employee with a grievance with the appropriate may present it orally or in writing to his or her immediate supervisor. This meeting If the complaint is not satisfactorily resolved at this Step 1, the employee may proceed to Step 2 of the grievance procedure.
(a) The employee shall be file a written grievance on an informal basis the approved form (Appendix C) with his or her ▇▇▇▇▇▇▇ specifying how and shall be held which of the provisions of the Agreement have been violated, and the remedy sought, within ten (10) days following after the act event or condition occurrence which is its basis. All grievances shall be signed by the basis for grievant and his or her ▇▇▇▇▇▇▇. All information regarding the incident or situation will be shared with the Employer on the grievance form.
(b) Within five (5) days after receipt of the written grievance, the Supervisor shall meet with the grievant and Union ▇▇▇▇▇▇▇ in an effort to resolve the grievance. The grievant Supervisor shall let it be known that the meeting is the Informal Step 1 indicate his disposition of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed in writing within five (5) days of one representative from each classification for approval prior to going to the Step II levelsuch meeting.
B. Step II (a) If the grievance is not resolved by the informal procedure at Step I, or if the grievant elects not to use the informal procedure2, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance Superintendent or his representative within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the SuperintendentSupervisor makes his disposition.
C. Step III If (b) Within five (5) days the grievant is not satisfied Superintendent or his representative shall meet with the disposition of Chapter Chairperson or his designated representative on the grievance at Step II, the grievant and shall complete Grievance Report Form, Step III, and submit same to the Superintendent indicate his disposition in writing within five (5) days of such meeting. STEP 4.
(a) If the receipt grievance is denied by the Superintendent or his representative in Step 3 and no agreement is reached, the grievance shall be transmitted to the Secretary of its disposition at Step II. Failure to file such appeal the Board of Education by the Chief ▇▇▇▇▇▇▇ or his designated representative within five (5) days from after the disposition by the Superintendent or his representative.
(b) The Employer shall hold a meeting on the grievance within thirty (30) days after its receipt by the Secretary. Disposition of the written disposition at Step II grievance in writing by the Employer shall constitute a waiver of the be made no later than seven (7) days thereafter.
(c) The right to appeala Board level hearing is restricted to those issues which are subject to closed session review under the Michigan Open Meetings Act, and then only where the grievant requests a closed session. Within All other grievances may move directly to arbitration by the union. STEP 5.
(a) If a satisfactory decision has not been rendered in Step 4, the Union may submit a notice of intent to proceed to arbitration to the Superintendent within ten (10) days of receipt of after the grievance form, disposition in Step 4.
(b) If the Superintendent shall meet with parties cannot agree as to the grievant. Within arbitrator within ten (10) days after said notice of intent is submitted to the Superintendent, the arbitrator shall be selected by the American Arbitration Association in accordance with its voluntary labor arbitration rules. The arbitrator shall not have the power to alter, add to, or to subtract from the terms of this Agreement. Both parties agree to be bound by the award of the meeting, the Superintendent shall write his/her disposition arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
(c) The fees and expenses of the grievance arbitrator shall be shared equally by completing his/her portion of Step III, the Employer and forwarding a copy to the grievant, the Union and the immediate supervisorUnion.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. A. Step Level I A grievant shall first discuss the – Administration The written grievance with the appropriate immediate supervisor. This meeting shall be on an informal basis submitted to the aggrieved’s immediate supervisor with a copy being forwarded to the Superintendent and shall be held the Local President within ten (10) days following of the act time the grievant or condition which is the basis for Association knew or should have known of the alleged violation. A meeting shall be mutually agreed upon between the aggrieved and the administrator within five (5) days of the filing of the grievance. The grievant Either the aggrieved or the administrator may have present such people who may provide information related to the grievance. Discussion at this meeting shall let it be known that confined to the meeting is the Informal Step 1 of issues as stated in the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to and the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisorrelief sought. Within five (5) days of receipt the meeting, the administrator shall provide the aggrieved and the Local President with a written response stating his position and suggestion for resolution of the Grievance Report Form, grievance.
B. Level II – Superintendent If the immediate supervisor shall meet aggrieved is not satisfied with the grievant. The immediate supervisor shall write a disposition suggestion of the grievance resolution received in Level I, he or she may within five (5) days after of receipt of such meeting by completing Step II of written response, submit his or her written grievance to the Grievance Report Form and returning Superintendent, with a copy being forwarded to the grievant, Local President and request a meeting to discuss the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant grievance. The meeting shall complete Grievance Report Form, Step III, and submit same to the Superintendent be within five (5) days of the receipt request. The meeting shall be conducted in a manner stated in Level I. Within five (5) days of its disposition the meeting, the Superintendent shall provide the aggrieved and the Local President with a written response stating his position and suggestion for resolution of the grievance.
C. Level III – Board If the aggrieved is not satisfied with the suggestion for resolving the grievance at Step Level II. Failure to file such appeal , (Superintendent), he or she may within five (5) days from of receipt of such written response, submit the grievance to the Board of Education, with a copy being forwarded to the Local President and request a hearing to discuss the grievance. The hearing shall be at the next Board meeting following the Board’s receipt of the written disposition at Step II shall constitute a waiver request, and may be in executive session or open hearings as determined by the Board. The timelines for the Board hearing may be waived by mutual agreement of the right to appealparties. The grievant and/or Board may be represented by advocates of their choice. Within five (5) days of the hearing, the Board shall provide the aggrieved and the Local President with a written response stating the Board’s position for resolving the grievance.
D. Level IV – Arbitration If the aggrieved is not satisfied with the suggested decision on the grievance, he/she shall be allowed ten (10) days to file a written appeal with the Board, with a copy being forwarded to the Local President. Arrangements shall be made between the Board and the grievant, to select an arbitrator within ten (10) days of receipt of the grievance form, appeal. The arbitrator shall be chosen using Federal Mediation and Conciliation Services (FMCS). Final resolutions shall be rendered as soon as possible by the Superintendent arbitrator and that decision shall meet with be binding to both the Board of Education and the grievant. Within ten (10) days The arbitrator shall have no authority to add to, subtract from, disregard, alter, or modify any terms of this Agreement, nor shall he/she make any decisions contrary to law. The arbitrator may rule on procedure related to bargaining unit member evaluation, but shall not substitute his judgment for that of the meeting, the Superintendent shall write his/her disposition evaluator. The powers of the grievance by completing his/her portion arbitrator related to transfer and assignment of Step IIIany employee shall be limited to ruling on questions of procedure. In the event that a case is submitted to an arbitrator on which he has no authority to rule, and forwarding a copy it shall be referred back to the grievant, parties without decision or recommendation on its merits. The cost of the Union and arbitrator shall be borne fully by the immediate supervisorlosing party.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. A. Step I A grievant The number of days indicated at each level shall first discuss be considered as maximum and every effort shall be made to expedite the process. The time limits may be extended by mutual consent. If a grievance is filed on or after June 1st, the time limits may be reduced by mutual agreement in order to effect a solution prior to the end of the school year or as soon thereafter as is practicable. All grievances will proceed through each Level in the order indicated to a resolution. Written grievances as required herein shall contain the following: ▪ Shall be signed by the Grievant(s). ▪ Shall specify the relief sought ▪ Shall contain a synopsis of the facts giving rise to the alleged violation(s). ▪ Shall identify the section or subsection of the Agreement alleged to have been violated. ▪ At each Level of the grievance with both the appropriate immediate supervisor. This meeting shall be on an informal basis Grievant(s) and shall be held within ten (10) days following the act or condition which is Board will answer in detail to clarify the basis for issues of the grievance. The grievant A teacher with a grievance shall let discuss it be known that with his/her immediate supervisor/principal; individually, together with his/her Association Representative, or through the meeting Association Representative. If no resolution is the Informal Step 1 obtained within five (5) days of the discussion, the teacher shall reduce the grievance procedureto writing on the form Grievance Form (Appendix F) and submit said grievance to his/her Building Principal. All potential grievances The Building Principal shall be submitted to a Union reply in writing on the Grievance Committee composed of one representative from each classification for approval prior to going Form and submit to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within Association within five (5) days of receipt of the Grievance Report Form, written grievance. In the immediate supervisor shall meet with event the grievant. The immediate supervisor shall write a disposition of the grievance within five (5Grievant(s) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step IILevel One, or if no written response has been rendered with five (5) days of receipt of the written grievance, the grievant grievance will be referred to Level Two – Labor Management Committee. The request for Level Two will be submitted on the Grievance Form to the Human Resources Manager. Within five (5) days of the written request for Level Two of the Grievance Procedure the AEA representative shall complete contact the Human Resources Manager to set up the Labor Management meeting. On the Grievance Report FormForm a written disposition of the Labor Management Committee meeting will be prepared and signed. If the grievance is not resolved at Level Two, Step III, and the AEA representative shall submit same the grievance to the Superintendent within seven (7) days of the Labor Management Committee meeting via the Grievance Form. The Superintendent or his/her designee shall meet with the parties in an attempt to resolve the grievance. The Superintendent’s disposition shall be rendered within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of meeting via the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance form, the Superintendent shall meet with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and the immediate supervisorGrievance Form.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. A. Step I A grievant shall first discuss Since it is important that grievances be processed as rapidly as possible, the grievance with the appropriate immediate supervisor. This meeting number of days indicated at each level should be considered as maximum, and every effort shall be on an informal basis and made to expedite the process. The time limits specified may, however, be in particular circumstances, reduced or extended by mutual agreement in writing. Level One The grievance shall be held presented, in writing, within ten (10) school days following of the act alleged violation to the immediate supervisor or condition which administrator AND the Principal to whom the grievant is specifically assigned. The appropriate administrators shall thereafter meet with the basis for grievant in an effort to settle the grievance. The grievant shall let it be known that Any meeting with reference to the meeting is the Informal Step 1 of the grievance procedure. All potential grievances above shall be submitted to a Union Grievance Committee composed held during non- school hours. Level Two If at the end of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) school days next, following such presentation at Level One, the original grievance shall not have been disposed of receipt to the satisfaction of the grievance formgrievant, said grievant and/or the Union may, within ten (IO) school days thereafter, present the original grievance, in writing, to the Superintendent of Schools, who shall thereafter meet with the grievant and his/her representative in an effort to settle the grievance. Level Three If at the end of fifteen (15) school days next, following presentation of the original grievance at Level Two, the grievance shall not have been disposed of to the satisfaction of the grievant, said grievant and/or the Union may submit that grievance, in writing, to arbitration through American Arbitration Association of the Massachusetts Board of Conciliation and Arbitration in accordance with said tribunals, voluntary rules and regulations then pertaining. Within ten The costs of the Arbitrator shall be shared equally by the School Committee and the Union. The arbitration award made shall be final and binding upon the School Committee, the Union, and the grieving employee(s) if any. Grievances not resolved to the satisfaction of the grievant, which are not filed by the Union with the American Arbitration-Association or the Massachusetts Board of Conciliation and Arbitration within thirty (1030) work days of the meeting, meeting with the Superintendent shall write or his/her disposition designated representative(s), or the Massachusetts Board of the grievance by completing his/her portion of Step IIIConciliation and Arbitration, and forwarding a copy will be deemed to the grievant, the Union and the immediate supervisorhave been waived.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. A. Step I A grievant All time limits herein shall first consist of calendar days exclusive of Saturdays, Sundays, and legal holidays. The time limits indicated hereunder will be considered maxima unless extended by mutual agreement in writing. In the event a grievance is filed which cannot be resolved to the satisfaction of the Association prior to the termination of this Contract using the normal time limits set out herein, the Association may submit the grievance directly to arbitration in accordance with Level Four of this procedure. The teacher with an alleged grievance shall discuss the grievance at a mutually-agreed time with the appropriate immediate supervisorPrincipal or his/her designee. This meeting The Principal or his/her designee shall be on an informal basis and shall be held honor the request for discussion of the alleged grievance within ten three (103) days. A teacher will have within fifteen (15) school days following to file a Step 1 grievance after the teacher knew or should have known of the act or condition on which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by based. A teacher will have up to fifteen (15) school days at the informal procedure Step I, or beginning of the school year to file a grievance if the grievant elects grievance action occurred during the summer months when school was not to use in session. If the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On act or condition on which the grievance form, is based occurs fewer than fifteen (15) school days before the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred end of the express written provisions of this Agreement. A copy of this form shall school year, then the grievance must be submitted by the grievant to the immediate supervisor. Within five filed within fifteen (515) days (exclusive of receipt weekends) after the teacher knew or should have known of the Grievance Report Form, the immediate supervisor shall meet with the grievantact or condition. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant aggrieved person is not satisfied with the disposition of his/her grievance at Level One, or if no decision has been rendered within seven (7) days after presentation of the grievance, he/she may file the grievance at Step IIin writing with the Superintendent of Schools, or his/her designee as long as such designee is not a member of a unit, signed by the grievant shall complete Grievance Report Form, Step III, and submit same to or any authorized officer of the Association. The Superintendent within five or his/her designee will represent the administration at this level of the grievance procedure. Within seven (57) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from after receipt of the written disposition at Step II shall constitute a waiver of grievance by the right to appeal. Within ten (10) days of receipt of the grievance formSuperintendent, the Superintendent shall or his/her designee will meet with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy aggrieved person in an effort to the grievant, the Union and the immediate supervisorresolve it.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. A. Step I A grievant shall first discuss the grievance with the appropriate immediate supervisor. This meeting The parties intend every effort shall be on made to share at all steps, all relevant and pertinent records, papers, data and names of witnesses to facilitate the resolution of grievances at the lowest possible level. A grievance by an informal basis and employee, or a group of employees, as to the interpretation or application of the provision of this Agreement shall be held within ten (10) days adjusted in the following the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal manner:
Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor1. Within five (5) days from the date of the action giving rise to the grievance, the employee shall reduce the grievance to writing and present it to the employee’s immediate supervisor, which includes the immediate supervisor on duty. The immediate supervisor will provide a written response to the employee and the FOP- OLC within seven (7) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievantgrievance. The immediate supervisor written grievance shall write a disposition include: the name of the grievance within five grievant (5or statement that it is filed on behalf of all bargaining unit employees); the date(s) days after such meeting by completing Step II of the Grievance Report Form and returning a copy alleged action giving rise to the grievant, grievance; a brief description of the Union alleged action giving rise to the grievance; and the Superintendentprovisions of this Agreement alleged violated by the action.
C. Step III 2. If the grievant employee is not satisfied with the disposition of immediate supervisor’s Step 1 response, the employee may move the grievance to the Director of Human Resources and the Police Chief at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent 2 within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt date of the written disposition at Step II shall constitute a waiver of the right to appeal1 response. Within ten fourteen (1014) days of receipt of the grievance formStep 2 grievance, the Superintendent shall meet Director of Human Resources, and the Police Chief, or their designees, will schedule a meeting with the grievantemployee and the FOP-OLC to discuss the grievance. Within The Director of Human Resources and Chief of Police, or their designees shall issue a decision within ten (10) days after the Step 2 meeting. Disciplinary Suspensions or Terminations: Disciplinary suspensions or terminations shall be appealed directly to Step 2 within seven (7) days from the date of the action giving rise to the grievance.
Step 3. In the event the grievance is not settled or otherwise adjusted at the Step 2 meeting, the Superintendent FOP-OLC shall write his/her disposition have the right to submit the grievance to arbitration by notifying the Employer within twenty (20) days from the issue date of the Step 2 decision. Within thirty (30) days of the notification of the Union’s intent to arbitrate, the Union shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service and the arbitrator shall then be selected by the alternate-strike method. The arbitrator shall not have authority to add to or detract from the express provisions of this Agreement and the arbitrator’s authority shall be limited to interpreting the provisions of this Agreement, and determining whether they have been violated. The fee and expenses of the arbitrator shall be paid by the losing party. The decision of the arbitrator shall be final and binding upon the Employer, the FOP-OLC and the employees. It is agreed that during such proceedings there shall be no lockouts, strikes or stoppages of work. The procedure set forth in this Article shall be the exclusive method of redressing grievances between the parties, and decisions of arbitrators and settlements reached by the Employer and the FOP-OLC in any step of the grievance by completing his/her portion of Step III, procedure shall be final and forwarding a copy to binding on the grievantFOP-OLC, the Union Employer and the immediate supervisoremployees. It is clearly understood that at any stage in this grievance procedure, the Executive Board of the FOP-OLC has the final authority, in its representative capacity for the aggrieved employee(s), to decline to process a grievance further, if, after a reasonable and fair exercise of the Board’s judgment, it is concluded that a grievance (1) lacks merit or justification under the terms of this Agreement, or (2) has been settled or adjusted in a fair and equitable manner. Any grievance not filed or processed by the employee or the FOP-OLC within the timeframes identified above shall be irrevocably waived.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. A. Step I A grievant The number of days indicated at each level shall first discuss be considered as maximum and every effort shall be made to expedite the process. The time limits may be exterided by mutual consent. If a grievance is filed on or after June 1st, the time limits may be reduced by mutual agreement in order to effect a solution prior to the end of the school year or as soon thereafter as is practicable. All grievances will proceed through each Level in the order indicated to a resolution. Written grievances as required herein shall contain the following: Shall be signed by the Grievant(s). Shall specify the relief sought Shall contain a synopsis of the facts giving rise to the alleged violation(s). Shall identify the section or subsection of the Agreement alleged to have been violated. At each Level of the grievance with both the appropriate immediate supervisor. This meeting shall be on an informal basis Grievant(s) and shall be held within ten (10) days following the act or condition which is Board will answer in detail to clarify the basis for issues of the grievance. The grievant A teacher with a grievance shall let discuss it be known that with his/her immediate supervisor/principal; individually, together with his/her Association Representative, or through the meeting Association Representative. If no resolution is the Informal Step 1 obtained within five (5) days of the discussion, the teacher shall reduce the grievance procedureto writing on the form Grievance Form (Appendix F) and submit said grievance to his/her Building Principal. All potential grievances The Building Principal shall be submitted to a Union reply in writing on the Grievance Committee composed of one representative from each classification for approval prior to going Form and submit to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within Association within five (5) days of receipt of the Grievance Report Form, written grievance. In the immediate supervisor shall meet with event the grievant. The immediate supervisor shall write a disposition of the grievance within five (5Grievant(s) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step IILevel One, or if no written response has been rendered with five (5) days ofreceipt of the written grievance, the grievant grievance will be referred to Level Two - Labor Management Committee. The request for Level Two will be submitted on the Grievance Form to the Human Resources Manager. Within five (5) days of the written request for Level Two of the Grievance Procedure the AEA representative shall complete contact the Human Resources Manager to set up the Labor Management meeting. On the Grievance Report FormForm a written disposition of the Labor Management Committee meeting will be prepared and signed. If the grievance is not resolved at Level Two, Step III, and the AEA representative shall submit same the grievance to the Superintendent within seven (7) days of the Labor Management Committee meeting via the Grievance Form. The Superintendent or his/her designee shall meet with the parties in an attempt to resolve the grievance. The Superintendent's disposition shall be rendered within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of meeting via the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance form, the Superintendent shall meet with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and the immediate supervisorGrievance Form.
Appears in 1 contract
Sources: Contractual Agreement
Procedure. A. Any difference or misunderstanding involving the interpretation or application of this agreement or a work practice which may arise between an employee or the Union covered by this agreement and the County concerning wages, hours, working conditions or other conditions of employment shall be handled and settled in accordance with the following procedure:
Step I A grievant 1. Any employee who has a grievance shall first discuss the grievance it with the appropriate employee’s immediate supervisorsupervisor with or without the presence of the ▇▇▇▇▇▇▇ at the employee’s option. This meeting The employee and the immediate supervisor shall be on an informal basis both sign and retain a copy of a “Confirmation of Step 1 Grievance” form. The immediate supervisor shall be held provide a copy of said form to the Chief ▇▇▇▇▇▇▇ of the local as well as the First Unit Chair of the unit. The immediate supervisor shall respond to the grievant and the union within ten (10) 10 working days following the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II levelmeeting.
B. Step II 2. If the grievance is not resolved by at Step 1, within
Step 3. The meeting with the informal procedure Step Idivision director (if absent the department head); or if applicable the elected official; or in offices without a department head, a divisional director, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance forman elected official, the grievant must clearly indicate office head, the Article aggrieved, the ▇▇▇▇▇▇▇ and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred other representatives of the express written provisions of this Agreement. A copy of this form Local shall be submitted by the grievant to the immediate supervisor. Within five (5) held within 10 working days of receipt of said grievance. The division director (if absent the Grievance Report Formdepartment head); or if applicable the elected official; or in offices without a department head, a divisional director, or an elected official, the immediate supervisor office head shall meet give an answer in writing to the Union Representative who signed such grievance within ten working days of this meeting.
Step 4. In the event the grievance is not satisfactorily adjusted in Step 3, the Union may appeal the grievance to the Administration Committee of the County Board by notifying the Administration Committee of the County Board in writing with a copy to the Division of Personnel Services within 10 working days of completion of Step 3. This appeal shall state the name of the aggrieved, the date of the grievance, the subject and the relief
Step 5. All grievances which cannot be adjusted in accord with the grievantabove procedure may be submitted for decision to an impartial arbitrator within ten (10) working days following receipt of the County's answer to Step 4 above. The immediate supervisor arbitrator shall write a disposition be selected by mutual agreement of the grievance parties; or, if no such agreement can be reached within five (5) days after such meeting notice of appeal to arbitration, the Union or the employer may request one
(1) panel of seven (7) arbitrators from the WERC. The arbitrator shall be selected from the panel by completing Step II each party alternately striking a name from the panel until only one (1) name remains, the party desiring arbitration striking the first name. Expenses of the Grievance Report Form and returning a copy arbitrator shall be shared equally by the parties. The authority of the arbitrator shall be limited to the grievantconstruction and application of the terms of this Agreement and limited to the grievance referred to him for arbitration; he shall have no power or authority to add to, subtract from, alter or modify any of the terms of this Agreement. The decision of the arbitrator shall be final and binding upon the Union and the SuperintendentCounty.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance form, the Superintendent shall meet with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and the immediate supervisor.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. A. Step I One: A grievant grievance may be initiated in one (1 ) of the following ways:
1. The teacher shall first meet with the building principal concerned and discuss the grievance matter in his/her own behalf.
2. The teacher may request that a representative of the Association accompany the teacher and in such case the building principal shall not initiate any consultation with the appropriate immediate supervisorgrievant prior to any scheduled meeting at which the representative is to be present.
3. This meeting A grievance must be presented to the building principal within twenty (20) days of the date the grievant knew or should have known of the facts giving rise to the grievance. Failure to timely present the grievance constitutes a waiver of the right to grieve the alleged contract violation or misapplication.
1. In the event that the grievance is resolved in Step One, the grievant may file a formal grievance in writing with the building principal. The grievance form shall be on an informal basis filed in quadruplicate with one (1) copy for the Association, the grievant, the building principal, and the school central office.
2. The grievance form shall (1 ) name the teacher(s) involved, (2) state the facts giving rise to the grievance, (3) identify the specific provisions of this Master Contract alleged to have been violated or misinterpreted, (4) state facts giving rise to grievance, (5) indicate the specific relief requested, and (6) be held signed by the teacher(s).
3. The grievance form should be filed as soon as possible, but any grievance not presented in writing in Step Two within ten (10) days following completion of Step One shall be deemed waived and shall not be processed.
4. The teacher may request a meeting with the act or condition building principal and the Association representative may accompany the grievant. In such case the building principal shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present. In the basis for event the principal does not meet with the grievant and his/her Association representative, the principal must provide a written response to the grievant within five (5) days after receiving the written grievance. The In the event the principal meets with the grievant shall let it be known that and his/her Association representative, the principal must provide a written response to the grievant within five (5) days after the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II leveldate.
B. Step II 1 . If the grievance is not resolved by the informal procedure in Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance formTwo, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within teacher may within five (5) days of receipt of the Grievance Report Formbuilding principal's answer, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same appeal to the Superintendent within five (5) days by filing the grievance and the principal's answer along with a written response of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance formteacher, the Superintendent shall meet with the grievant. Within ten (10) days of the meetingif desired, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy attached to the grievant, the Union and the immediate supervisorgrievance.
Appears in 1 contract
Sources: Master Contract
Procedure. A. 3:2.1 Failure at any step of this procedure to communicate the decision on a grievance within the specified time limits shall permit the aggrieved employee to proceed to the next step. Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be deemed to be acceptance of the decision rendered at that step.
3:2.2 It is understood that employees shall, during and not-withstanding the pendency of any grievance, continue to observe all assignments and applicable rules and regulations of the Police Department until such grievance and any effect thereof shall have been fully determined.
3:2.3 Where evidence of hardship would result from compliance with the time regulations set forth in the following levels, a written request for an extension of time at any one of the levels in the Grievance Procedure shall be recognized. The period of extension of time shall be limited to fifteen (15) calendar days.
3:2.4 Step I A 1 - When an employee has a grievance, he first shall discuss it with his immediate supervisor in an attempt to resolve the matter informally at that level. If, as a result of that discussion, the matter is not resolved to the satisfaction of the grievant within five (5) calendar days, he shall first discuss than set forth his grievance in writing to his immediate superior specifying the nature of the grievance and resolution sought. The immediate superior shall communicate his decision in writing to the grievant within five (5) calendar days of receipt of the written grievance.
3:2.5 Step 2 - The grievant, no later than five (5) calendar days after receipt of his immediate superior’s decision may appeal that decision to the Chief of Police. The appeal to the Chief of Police must be made in writing, reciting the matter submitted to the immediate superior as specified above and his dissatisfaction with the appropriate immediate supervisordecisions previously rendered. This meeting The Chief of Police shall be on an informal basis and shall be held attempt to resolve the matter as quickly as possible, but within a period not to exceed ten (10) days following the act or condition which is the basis for the grievancecalendar days. The grievant Chief of Police shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going communicate his decision in writing to the Step II levelemployee and the employee’s immediate superior.
B. 3:2.6 Step II 3 - If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within employee’s satisfaction, he, no later than five (5) calendar days of after receipt of the Grievance Report FormChief’s decision, may request a review by the immediate supervisor Mayor. The request shall meet be submitted in writing through the Chief of Police, who shall attach all related papers and forward the request to the Mayor. The Mayor, or his representative, shall review the grievance and shall, at the option of the Mayor, hold a hearing with the grievantemployee. The immediate supervisor Mayor shall write render a disposition of the grievance decision in writing within five twenty (520) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) calendar days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from his receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) days of receipt of the grievance form, the Superintendent shall meet with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and the immediate supervisorgrievance.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. A. Step I A grievant Grievances, as defined by Section 6.1, shall first discuss the grievance be resolved in conformance with the appropriate immediate supervisorfollowing procedure:
Step 1. This meeting shall be on An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Chief Deputy or the Employer designated representative. The Chief Deputy or the Employer designated representative will discuss and give an informal basis and shall be held answer to such Step 1 grievance within ten (10) calendar days following after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the act or condition which is the basis for nature of the grievance. The grievant shall let , the facts on which it be known that is based, the meeting is the Informal Step 1 provision or provisions of the grievance procedure. All potential grievances Agreement allegedly violated, the remedy requested, and shall be submitted appealed to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance 2 within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. Within ten (10) calendar days of receipt of after the Chief Deputy’s or the Employer- designated representative’s final answer in Step 1. Any grievance form, not appealed in writing to Step 2 by the Superintendent shall meet with the grievant. Within Union within ten (10) calendar days of the meetingshall be considered waived.
Step 2. If appealed, the Superintendent written grievance shall write his/her disposition of the grievance be presented by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and discussed with the immediate supervisorSheriff or Employer-designated Step 2 representative. The Sheriff or the Employer-designated representative shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Sheriff’s or the Employer-designated representative’s final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived.
Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Personnel Director or the Employer-designated Step 3 representative. The Personnel Director or the Employer-designated representative shall give the Union the Employer’s answer in writing within ten (10) calendar days after the Step 3 meeting. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Personnel Director’s or the Employer- designated representative’s final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived.
Appears in 1 contract
Sources: Labor Agreement
Procedure. A. Grievances as defined in Section 1 shall be settled in the following manner and the steps set forth must be followed in the order listed within the time limit prescribed:
Step I A grievant 1 - The grievance shall first discuss be orally presented to the Building and Grounds Department or the principal of the building within five days after the employee knew or should have known of violation. No settlement in this Step 1 shall be made in violation of the written contract. If a settlement is not reached within two days after oral presentation to the Buildings and Grounds Director, the grievance shall be reduced in writing on a form specified by the Labor Relations and Benefits Department with a clear statement of the issues involved. This shall be presented to the Director who shall promptly transmit the written grievance to the District General Counsel for handling in accordance with Step 2.
Step 2 - The District General Counsel shall establish a Step 2 hearing with the appropriate immediate supervisoraggrieved and the Buildings and Grounds Supervisor of Operations. This The Step 2 meeting shall be on an informal basis and shall will be held within ten (10) five days following after the act or condition which is employee has filed the basis for the written grievance. The grievant time and place for meetings under Step 2 shall let it be known that at the discretion of the District General Counsel. The District General Counsel shall prepare a report of the meeting is the Informal Step 1 together with a written disposition of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going matter and forward copies to the employee and to the Association within five days after the Step II level.
B. 2 hearing. If settlement is not reached in Step II If 2 within three days of the date of disposition, the grievance is not resolved by referred to Step 3. Step 3 - Grievances referred to Step 3 shall be discussed between the informal procedure Step I, or if Association and the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report FormDistrict General Counsel. On This discussion shall take place within five days after the grievance formhas been referred to Step 3. If agreement is reached as a result of this meeting, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form District General Counsel shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write issue a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form matter which shall be final and returning a copy to the grievant, the Union and the Superintendent.
C. Step III binding. If the grievant agreement is not satisfied with the disposition of the grievance at Step IIreached, the grievant shall, within three days after the Step 3 meeting, notify in writing the District General Counsel that arbitration is required. Step 4 - Arbitration. In cases referred to Step 4, the parties shall complete Grievance Report Formattempt to agree on an arbitrator. If agreement is not reached within three days, the party shall petition the Public Employment Labor Relations Board for assistance under the rules of the PELRA-71 as amended. The arbitrator shall set the time and place for the Step III4 hearing, the method of procedure, and submit same issue all necessary rulings. The arbitrator shall have no power to add to, subtract from, or modify any of the terms of the agreement or of any agreement made supplementary hereto, and shall only be allowed to rule on those cases that apply to the Superintendent within five (5) days definition of a grievance as defined in this article. The decision of the receipt arbitrator, if within the scope of its disposition at Step IIhis power, shall be binding on both parties with the limitations of PELRA-71 as amended. Failure to file such appeal within five (5) days from receipt The expense and fees of the written disposition at Step II arbitrator shall constitute a waiver of be borne jointly by the right to appeal. Within ten (10) days of receipt of the grievance form, the Superintendent shall meet with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union Board and the immediate supervisorAssociation.
Appears in 1 contract
Sources: Building Supervisors' Contract
Procedure. A. The parties acknowledge that it is usually most desirable for a teacher and his/her immediately involved supervisor to resolve problems through free and informal communication. However, if such informal processes fail to satisfy the teacher, a grievance may be processed as follows: Step I A grievant One The teacher(s) or the Organization’s representative shall first discuss present the grievance with the appropriate immediate supervisor. This meeting shall be on an informal basis and shall be held within ten (10) days following the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going in writing to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not Building Principal who will arrange for a meeting to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent take place within five (5) days of the receipt of its disposition at Step IIthe written grievance. Failure to Within five (5) days of the meeting, the principal shall provide the grievant with a written decision. If an individual or group file such appeal a grievance without Organization representation, then the Organization President will be notified within five (5) days from receipt of days, and District 150 Educational Organization’s Representative will be entitled to be present at the written disposition hearing. Step Two In the event the grievance is not satisfactorily resolved at Step II shall constitute One, the grievant(s) and/or Organization may file a waiver of grievance with the right to appeal. Within Superintendent or his/her official designee within ten (10) days of the receipt of the grievance formStep One written decision. Upon receipt of the grievance, the Superintendent shall meet arrange for a meeting with the grievantgrievant and/or any representative of the Organization, if any, to take place within five (5) days. Within ten (10) days of the Step Two meeting, the Superintendent shall write his/her disposition provide the grievant with a written decision. Step Three If the grievance is not resolved at Step Two, the grievant and/or the Organization may, within ten (10) days of the Step Two response, submit the grievance by completing his/her portion of Step IIIin writing, and forwarding a copy to the grievantBoard. The Board shall arrange to hear the grievance at the next regularly scheduled Board meeting if notified seven (7) days prior to meeting date. Within seven (7) days of the Step Three meeting, the Union grievant will receive a written response. A grievance hearing shall be conducted in Executive Session at the request of the grievant and if allowable by the immediate supervisorIllinois Open Meetings Act. Step Four If the grievance is not resolved in Step Three, the Organization may submit the grievance to final and binding arbitration. If a demand for arbitration is not filed within thirty (30) days of the date for the Step Three written decision, the grievance shall be deemed withdrawn. Any materials or documents relating to a grievance shall be filed separately from the teacher’s personnel file. No reprisals shall be taken by the Board, the administration, or the Organization against any employee because of the employee’s participation or non-participation in a grievance.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. A. Step I A grievant Level One
1. Any employee having a grievance shall first discuss the grievance with the appropriate his/her immediate supervisor. This meeting shall be on an informal basis and shall be held supervisor within ten (10) work days following of his/her knowledge of the act event or condition occurrence which is the basis for the grievancecomplaint.
2. The grievant immediate supervisor shall let it be known that the meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going render an oral decision to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within grievant(s) within five (5) working days of the above discussion.
1. If the Level One decision is not satisfactory, the oral grievance shall be reduced to writing on the Grievance Report Form and shall be presented to the immediate supervisor and the Association within seven (7) work days of the receipt of the Level One answer.
2. The immediate supervisor shall hold a meeting with the grievant and/or the grievant’s Association Representative within seven (7) work days of the receipt of the grievance.
3. The immediate supervisor shall render a written decision to the grievant within five (5) work days of said meeting.
1. If the Level Two decision is not satisfactory, the grievance shall be presented to the Superintendent or the Superintendent’s designee within five (5) work days of receipt of the grievance.
2. The Superintendent or designee shall hold a meeting with the grievant and/or the grievant’s Association Representative at a time mutually agreeable to them, but within (7) work days of receipt of the grievance.
3. The Superintendent or designee shall render a written decision to the grievant within ten (10) work days of the meeting.
4. The Association Grievance Report FormChairperson may initiate a grievance directly at Level Three when either of the following conditions applies:
a. A grievance involves a group of employees in more than one building or an issue applies to the unit as a whole, or
b. The action precipitating the grievance was initiated by management at a level higher than the immediate supervisor. When such grievances are initiated at Level Three, the immediate supervisor grievance procedure identified in Article 3 A.–C. 1.–10 shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendentbe used.
C. Step III 1. Only the Association has the right to appeal a grievance to Level Four. If the grievant Association is not satisfied with the disposition of the grievance at Step II▇▇▇▇▇ ▇, the grievant shall complete Grievance Report Formgrievance may, Step IIIat the option of the Association, and submit same be submitted to arbitration by written demand for arbitration submitted to the Superintendent Board within five twenty (520) work days of the receipt of its Superintendent’s disposition at Step IILevel 3. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II An individual employee shall constitute a waiver of not have the right to appealprocess a grievance to arbitration.
2. Within If the parties cannot agree as to the Arbitrator, he/she shall be selected by the American Arbitration Association in accordance with its rules, which shall likewise govern the hearing.
3. The Arbitrator’s decision shall be final and binding on both parties to this Agreement.
4. The Board and the Association shall not be permitted to assert in such arbitration proceeding any grounds or to rely on any evidence not previously disclosed to the other party prior to ten (10) work days before the arbitration hearing.
5. The fees and expenses of the Arbitrator shall be shared equally by the Association and Board.
6. The Arbitrator shall render a decision in writing not later than thirty (30) calendar days from the date of the conclusion of the arbitration hearing unless otherwise mutually agreed upon between the parties.
7. The Arbitrator shall not have jurisdiction to subtract from or modify any of the terms of this Agreement or its written amendments, or to specify the terms of a new Agreement, or to substitute the Arbitrator’s discretion for that of the parties.
8. The Arbitrator, the Association, or the Board may call any relevant person as a witness in any arbitration hearing.
9. The Association shall reimburse the Board for the cost of a substitute for its witnesses, should any be hired, so that regularly-employed unit members may be released from normal responsibilities for the scheduled arbitration hearing.
10. The termination of employment of a probationary employee shall not be arbitrable.
11. The arbitrator shall have no power to:
a. decide claims for which there is another remedial procedure or forum established by law or by regulation having the force of law;
b. require back pay for more than ten (10) days of receipt before the date a written grievance is filed;
c. award damages beyond the amount of the grievance formwages that the employee would otherwise have earned. Any back pay award shall be reduced by any compensation received by an employee from any sources, the Superintendent shall meet with the grievant. Within ten (10) days of the meeting, the Superintendent shall write his/her disposition of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and the immediate supervisorincluding unemployment compensation.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. A. Step I A grievant shall first discuss the grievance with the appropriate immediate supervisor. This meeting Grievances, as defined in Section 2 of Article 23, shall be on an informal basis and shall be held within ten (10) days following the act or condition which is the basis for the grievance. The grievant shall let it be known that the meeting is the Informal processed as follows: Step 1 of the One — A grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going to the Step II level.
B. Step II If the grievance is not resolved by the informal procedure Step I, or if the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant in writing to the immediate supervisor. Within five Chief of Police, with notification to the Club if the President thereof or his designee is not the grievant, within twenty (520) working days of the commencement of the event which gave rise to the grievance or the date the grievant should reasonably have expected to become aware o f the event which gave rise to the grievance. If the grievance is not settled within ten (10) working days o f receipt of the Grievance Report Formgrievance, the immediate supervisor shall meet with grievance may be appealed by the grievant. The immediate supervisor shall write a disposition of grievant to the grievance Town Supervisor within five (5) working days after of receipt o f the Step One response. Such appeal shall be written and state the grounds therefore. If no Step One response is received within the specified time, the grievance shall be advanced to Step Two by the grievant. Step Two — The Town Supervisor shall, within fifteen (15) working days, review such meeting grievance and shall issue his/her determination as to the same setting forth his/her reasons in such decision. Any unsettled grievance may proceed as set forth in Step Three. Step Three — Arbitration
A. The President o f the Club or his designee shall have the exclusive right to refer to arbitration any unsettled grievance with respect to the application or interpretation by completing Step II the Town of ▇▇▇▇▇ of any provisions of this agreement (Contract between the Club and Town), which application or interpretation is alleged to constitute a violation of the Grievance Report Form and returning a copy to said agreement or any provision thereof, by serving written notice in duplicate on the grievant, Supervisor of the Union and the SuperintendentTown of ▇▇▇▇▇ not later than ten (10) working days following receipt of Step Two determination.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same to the Superintendent within five (5) days of the receipt of its disposition at Step II. Failure to file such appeal within five (5) days from receipt of the written disposition at Step II shall constitute a waiver of the right to appeal. B. Within ten (10) days after reference of a grievance to arbitration, the Supervisor of the Town of ▇▇▇▇▇ and the President of the Club, or their designees, shall meet to agree upon an arbitrator and to attempt to frame the issues for submission to the arbitrator and to stipulate the facts of the matter in order to expedite the hearing. If within five (5) working days after such meeting no agreement on the selection of an arbitrator is reached, an arbitrator shall be selected from a list supplied by the New York State Public Relations Board. The petition for arbitration shall be made on the appropriate form and sent to the New York State Public Relations Board requesting a panel of seven (7) arbitrators to be submitted to both parties to the dispute. A copy o f the demand for arbitration shall be sent to the Town. Upon receipt of the grievance formpanel of arbitrators, the Superintendent parties shall meet with make the grievant. Within ten (10) days selection of the meetingarbitrator by alternately striking names from the panel until the name of only one (1) person remains. The person remaining shall be the arbitrator in the dispute. Each party to the dispute shall have the right to reject not more than one (1) panel submitted by the New York State Public Employment Relations Board. If an arbitration hearing is cancelled or postponed within the penalty period provided by the arbitrator, the Superintendent party requesting the cancellation or postponement shall write be obligated to pay the penalty fee o f the arbitrator.
C. All decisions of said arbitrator shall be final and binding on all parties. The arbitrator shall confine himself/herself to the precise issue presented for arbitration and shall have no authority to determine any other issue not so presented to him/her, nor shall he/she submit observations or declarations of opinion which are not essential in reaching the determination.
D. All fees and expenses of the arbitrator shall be divided equally between the parties. Each party shall bear the cost of preparing and presenting its own case. .
E. The arbitrator shall hold the hearing at a time and place convenient to the parties as expeditiously as possible after his/her disposition selection and shall issue this decision as soon as possible after the close of the grievance by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union and the immediate supervisorhearing.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. A. Step I A grievant shall first discuss the grievance STEP 1. Any employee with the appropriate a GRIEVANCE may present it orally or in writing to his or her immediate supervisor. This meeting If the complaint is not satisfactorily resolved at this Step 1, the employee may proceed to Step 2 of the grievance procedure.
(a) The employee shall be file a written grievance on an informal basis the approved form (Appendix C) with his or her ▇▇▇▇▇▇▇ specifying how and shall be held which of the provisions of the Agreement have been violated, and the remedy sought, within ten (10) days following after the act event or condition occurrence which is its basis. All grievances shall be signed by the basis for grievant and his or her ▇▇▇▇▇▇▇. All information regarding the incident or situation will be shared with the Employer on the grievance form.
(b) Within five (5) days after receipt of the written grievance, the Supervisor shall meet with the grievant and Union ▇▇▇▇▇▇▇ in an effort to resolve the grievance. The grievant Supervisor shall let it be known that the meeting is the Informal Step 1 indicate his disposition of the grievance procedure. All potential grievances shall be submitted to a Union Grievance Committee composed in writing within five (5) days of one representative from each classification for approval prior to going to the Step II levelsuch meeting.
B. Step II (a) If the grievance is not resolved by the informal procedure at Step I, or if the grievant elects not to use the informal procedure2, it may be pursued further by submitting a completed Grievance Report Form. On the grievance form, the grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance Superintendent or his representative within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the SuperintendentSupervisor makes his disposition.
C. Step III If (b) Within five (5) days the grievant is not satisfied Superintendent or his representative shall meet with the disposition of Chapter Chairperson or his designated representative on the grievance at Step II, the grievant and shall complete Grievance Report Form, Step III, and submit same to the Superintendent indicate his disposition in writing within five (5) days of such meeting.
(a) If the receipt grievance is denied by the Superintendent or his representative in Step 3 and no agreement is reached, the grievance shall be transmitted to the Secretary of its disposition at Step II. Failure to file such appeal the Board of Education by the Chief ▇▇▇▇▇▇▇ or his designated representative within five (5) days from after the disposition by the Superintendent or his representative.
(b) The Employer shall hold a meeting on the grievance within thirty (30) days after its receipt by the Secretary. Disposition of the written disposition at Step II grievance in writing by the Employer shall constitute a waiver of the be made no later than seven (7) days thereafter.
(c) The right to appeala Board level hearing is restricted to those issues which are subject to closed session review under the Michigan Open Meetings Act, and then only where the grievant requests a closed session. Within All other grievances may move directly to arbitration BY THE UNION.
(a) If a satisfactory decision has not been rendered in Step 4, the Union may submit a notice of intent to proceed to arbitration to the Superintendent within ten (10) days of receipt of after the grievance form, disposition in Step 4.
(b) If the Superintendent shall meet with parties cannot agree as to the grievant. Within arbitrator within ten (10) days after said notice of intent is submitted to the Superintendent, the arbitrator shall be selected by the American Arbitration Association in accordance with its voluntary labor arbitration rules. The arbitrator shall not have the power to alter, add to, or to subtract from the terms of this Agreement. Both parties agree to be bound by the award of the meeting, the Superintendent shall write his/her disposition arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
(c) The fees and expenses of the grievance arbitrator shall be shared equally by completing his/her portion of Step III, the Employer and forwarding a copy to the grievant, the Union and the immediate supervisorUnion.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. A. Step I Level I
1. A grievant shall first discuss upon becoming aware of an act of a misinterpretation, inequitable application, or violation attempt to resolve the grievance differences informally within fourteen (14) days with the appropriate immediate supervisorrespondent.
2. This meeting If the differences are not resolved informally, the grievant shall be on an informal basis prepare a written grievance statement and shall be held submit it to the appropriate respondent. The Superintendent will provide the Association with a copy of the grievance. If a grievant does not submit his/her grievance within twenty (20) days of the unsuccessful attempt for informal resolution he/she shall have waived his/her right to this procedure.
3. Within ten (10) days following the act or condition which is the basis for of receipt of the grievance, the respondent shall conduct a meeting between himself/herself and the grievant. The grievant An Association representative, if requested by the grievant, shall let it be known that the meeting is the Informal Step 1 present.
4. Within ten (10) days of the grievance procedure. All potential grievances above mentioned meeting, the respondent shall be submitted to a Union Grievance Committee composed of one representative from each classification for approval prior to going reply in writing to the Step II levelgrievant and the Association.
B. Step II 5. If the grievance is not resolved by the informal procedure Step Iat this level, or if a written decision is not received with ten (10) days of the grievant elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance formmeeting, the grievant must clearly indicate may process the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreementgrievance to Level II. A copy of this form shall be submitted by the grievant to the immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievantLevel II
1. The immediate supervisor shall write a disposition of the grievance within five (5) days after such meeting by completing Step II of the Grievance Report Form and returning a copy to the grievant, the Union and the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall complete Grievance Report Form, Step III, and submit same may appeal to the Superintendent within five fifteen (515) days of the receipt of its disposition at Step IIthe Level I decision or the date on which the decision was due. Failure to file such appeal within five (5) days from Upon receipt of the written disposition appeal, the Superintendent will provide the Association with a copy if the Association was not present at Step II shall constitute a waiver of the right to appealLevel I hearing.
2. Within ten (10) days of receipt of the grievance formappeal, the Superintendent shall meet with schedule and conduct a hearing.
3. The Superintendent shall send a written answer to the grievantgrievant and the Association no later than ten (10) days after the hearing.
4. Within A grievance which is based on action taken or not taken by the Board, Superintendent, or other Central Office Administrative staff may be filed initially at Level II.
5. If the grievance is not resolved at this level or if a written decision is not received within ten (10) days of the meeting, the Association may process the grievance to Level III. Level III
1. The Association may appeal the Level II decision to arbitration within twenty (20) days of either the receipt of the Level II decision or the date on which the decision was due.
2. The Association shall notify (in writing) the Superintendent of its intent to proceed to arbitration. The Association and the Superintendent shall write his/her disposition confer within five (5) days of such notice to attempt to select an impartial arbitrator. If the parties fail to mutually agree to an arbitrator, the Association shall request a list of at least seven (7) names from the American Arbitration Association.
3. As soon as the list is received, the parties or their designated representative shall determine by lot the order of elimination and thereafter shall, in that order, alternately strike a name from the list and the seventh and remaining name shall act as the arbitrator.
4. The arbitrator shall schedule a hearing on the grievance and, after hearing such evidence as the parties desire to present, shall render a written decision. A decision of the grievance arbitrator shall be binding upon the parties.
5. The fee and expenses of the arbitrator shall be borne equally by completing his/her portion of Step III, and forwarding a copy to the grievant, the Union Association and the immediate supervisorBoard.
Appears in 1 contract
Sources: Collective Bargaining Agreement