Common use of Procedures Clause in Contracts

Procedures. ‌ The party asserting a grievance may attempt to resolve the problem through informal communication with the immediate supervisor. The parties may agree to bypass any step of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally present the grievance in writing to the department supervisor who will arrange for a meeting to be held within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. ‌ The party asserting a grievance may attempt to resolve the problem through informal communication with the immediate supervisor. The parties may agree to bypass any step of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally present the . A grievance in writing to the department supervisor who will arrange for a meeting to must be held initiated within ten (10) working business days of the occurrence of the cause for complaint. An attempt shall be made to review resolve any grievance in an informal verbal discussion between the complainant and his/her immediate supervisor. Step 2. If the grievance cannot be resolved informally, the aggrieved teacher shall file the grievance in writing within twenty (20) business days after the occurrence of the cause for complaint. At a mutually agreeable time the aggrieved teacher shall discuss the matter with the principal. If the teacher so desires, he/she may request Association representation. The written grievance should state: 1. The exact nature of the grievance; 2. The Supervisor will provide reasonable notice to the Field Representative act or acts complained of and the ▇▇▇▇▇▇▇ when they occurred; 3. The identity of the meeting date and timeemployee or employees involved in the grievance; 4. The formal written grievance shall clearly identify all provisions specific section or provision of this Agreement which are alleged that the grievant(s) claims to have been violated, and describe the ; and 5. The remedy which is being sought. The filing of principal or other administrator who has authority to make a decision on the formal written grievance at this step shall be make such decision and communicate it in writing to the teacher, Superintendent and Association within ten five (105) working business days. Step 3. In the event a grievance has not been satisfactorily resolved at the second step, the aggrieved teacher shall file within five (5) business days of the date principal’s written decision or answer at the second step, a copy of the occurrence giving rise to grievance with the grievanceSuperintendent. Within five (5) business days after such written grievance is filed, or within ten (10) working days of when the employee or aggrieved, the Union, through the use of reasonable diligence, should reasonably have known representative of the occurrence of Association, the event giving rise principal and the Superintendent or his designee, shall meet to discuss the grievance. The supervisor Superintendent or his designee, shall provide a written file an answer to the grievant with a copy to the Union within 10 working five (5) business days of the meeting. The answer shall include third step grievance meeting and communicate it in writing to the reasons for teacher, the decisionprincipal, the Association, and the Board of Education. Step 2: 4. In the event a grievance has not been satisfactorily resolved at the third step, the aggrieved teacher shall file, within five (5) business days of the written decision or answer at the third step, a copy of the written decision or answer at the third step, a copy of the grievance with the Board of Education. At the next scheduled Board meeting, after such written grievance is filed, the Board shall meet and consider said grievance. The hearing will be conducted by the full Step 5. If the grievance is not resolved satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief grievant and/or Association within five (5) business days after a decision by the Board, there shall be available a fifth step of Police by filing the grievance binding arbitration. The grievant and/or Association may submit, in writing writing, a request to enter into such arbitration within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working twenty (20) business days of the time that the answer was dueStep 4 decision. The Chief grievance shall be deemed withdrawn if the request is not filed within the twenty (20) business days. If a request is filed in a timely manner, the American Arbitration Association will arrange for be requested to provide a meeting to be held within 10 working days panel of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative at least seven (7) arbitrators and the ▇▇▇▇▇▇▇ selection process shall be in accordance with the Voluntary Arbitration Rules of the meeting date and timeAssociation. The Union shall have Either party reserves the right to include in its presentation such witnesses reject the first list of recommended arbitrators from the American Arbitration Association and materials as it deems necessary request a second list. 1. Expenses for the Arbitrator’s services and the expenses which are common to develop facts pertinent both parties to the grievancearbitration shall be borne equally by the Board and the Association. 2. A written answerNeither the Board nor the Association shall be permitted to assert any grounds or evidence before the Arbitrator which was not previously disclosed to the other party. 3. The Arbitrator, including reason(s)in his opinion, shall be provided not amend, modify, nullify, ignore, or add to the grievant(s), with a copy to the Union, within 10 working days provisions of the meeting provided for Agreement. His authority shall be strictly limited to deciding only the issue or issues presented to him in this paragraphwriting by the School Board and the Association, and his decision must be based solely upon his interpretation of the meaning or application of the express relevant language of the Agreement. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due4. The Vice President or designee will arrange for a meeting to Arbitrator may be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right empowered to include in its presentation any award such witnesses and materials financial reimbursements or other remedies as it deems necessary he judges to develop facts pertinent to be proper within the grievanceterms of this contract. 5. A written answerIf either party requests a transcript of the proceedings, including reason(s)that party shall bear the full costs for that transcript. If both parties order a transcript, the cost of the two (2) transcripts shall be provided to divided equally between the grievant(s) with a copy to Board and the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1Association.

Appears in 2 contracts

Sources: Professional Negotiation Contract, Professional Negotiation Contract

Procedures. ‌ The party asserting a After consultation with the Association president or the grievance may attempt chair, the parties acknowledge that it is usually most desirable for an Employee and his immediate involved supervisor to resolve the problem through free and informal communication with the immediate supervisorcommunications. The parties may agree to bypass any step of the grievance procedure. Step 1: If If, however, the informal process with the immediate supervisor fails to resolve satisfy the problemEmployee, a grievance may proceed through the grievant(s) or the Union or both may formally formal grievance steps set forth below. STEP I The grievant shall present the grievance in writing to the department supervisor immediate involved supervisor, who will arrange for a meeting to be held take place within ten (10) working work days to review after receipt of the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify the grievant, summarize relevant facts, and identify all provisions of this the Agreement which are alleged to have been allegedly violated, and describe the remedy which is being sought. The filing Within ten (10) work days of the formal written grievance at this step meeting, the grievant and the Association shall be provided with the supervisor’s written response. STEP II If the grievance is not resolved in Step 1, then the grievant may appeal the grievance to the Superintendent or his/her designee within ten (10) working work days after receipt of the date of Step 1 answer. The Superintendent or his/her designee shall arrange with the occurrence giving rise grievant or Association representative for a meeting to the grievance, or take place within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working work days of the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) Superintendent’s or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of his/her designee’s receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was dueappeal. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within Within ten (10) working work days of receipt of after the answer from meeting, the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative grievant and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), Association shall be provided to with the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. Superintendent’s or his/her designee’s written response. STEP III If the grievance arises from a decision or action remains unresolved at the Vice President’s Superintendent level, it shall proceed to the Board level. The Superintendent’s response to the grievance may shall be initiated heard at the next Board meeting. STEP IV If the grievant is not satisfied with the disposition of the grievance at Step 3, provided it is filed then the Association may submit the grievance within thirty (30) work days to binding arbitration under the time limit prescribed in Step 1Voluntary Labor Arbitration Rules of the American Arbitration Association.

Appears in 2 contracts

Sources: Professional Services, Professional Services

Procedures. The party asserting parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's immediately involved supervisor to resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may attempt to resolve the problem through informal communication with the immediate supervisor. be processed as follows: a. The parties may agree to bypass any step of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) teacher or the Union or both Association may formally present the grievance in writing to the department supervisor immediately involved supervisor, who will arrange for a meeting to be held take place within ten (10) working 10 teacher work days to review after the receipt of the grievance. The Supervisor will provide reasonable notice to Association's representative, the Field Representative grievant, and the ▇▇▇▇▇▇▇ immediately involved supervisor may be present for the meeting. The purpose of the meeting date and timeis to resolve the issue as the supervisor is empowered to do so. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working Within 5 teacher work days of the meeting. The answer , the grievant and the Association shall include be provided with the supervisor's written response, including the reasons for the decision. Step 2: b. If the grievance is not satisfactorily resolved at Step A, then the preceding step, the grievant(s) grievant or the Union or both Association may refer it the grievance to the Chief of Police by filing superintendent or the grievance in writing superintendent's official designee within 10 working teacher work days after receipt of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was dueappeal. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union Each party shall have the right to include in its presentation representation such witnesses and materials or counselors as it deems necessary necessary. The purpose of the meeting is to develop facts pertinent to resolve the grievanceissue. A written answerWithin 10 teacher work days of the meeting, including reason(s), the Association and the grievant shall be provided to with the grievant(s)superintendent's written response, with a copy to including the Union, within 10 working days of reasons for the meeting provided for in this paragraphdecision. Step 3: c. If the grievance is not satisfactorily resolved at Step B then the preceding step, the grievant(s), grievant or the Union, or both, Association may refer it the grievance to the Vice President for Administrative Affairs, or designee, by filing Board of Education within 10 teacher work days after the same in writing within ten (10) working days of receipt of the Step B answer from or within 20 teacher work days after the Chief orStep B meeting, if no answer whichever is received, within ten (10) working days of the time that the answer was duelater. The Vice President or designee Board of Education will arrange for a meeting to be held within 15 working days hear all grievance appeals at the next regularly scheduled Board of such referral to review the grievanceEducation meeting. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union Each party shall have the right to include in its presentation representation such witnesses and materials or counselors as it deems necessary to develop facts pertinent to necessary. Within 10 teacher work days of the grievance. A written answermeeting, including reason(s), the Association and the grievant shall be provided with the Board of Education's written response, including the reasons for the decision. d. If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the grievant(sFederal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a copy to party rejects a list the Union Association shall request another list. If a demand for arbitration is not filed within ten (10) working 10 teacher work days of the meeting provided receipt of the Step C answer, then the grievance shall be deemed withdrawn. 1. The arbitrator shall have no power to alter the terms of this Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him by the Board and the Association, and his/her decision shall be based only upon interpretation of the meaning or the application of the express relevant language of this Agreement. 2. Each party shall bear the full cost for its representation in this paragraphthe arbitration. The cost of the arbitrator shall be divided equally between the parties. 3. If either party requests a transcript of the grievance arises from proceedings, that party shall bear the full cost of the transcript. If both parties order a decision or action at the Vice President’s leveltranscript, the grievance may cost of the 2 transcripts shall be initiated at Step 3divided equally between the parties. If a copy of the transcript is furnished to the arbitrator, provided it is filed within the time limit prescribed in Step 1cost of such shall be divided equally by the parties.

Appears in 2 contracts

Sources: Master Contract, Master Contract

Procedures. In the event an adjunct faculty member or group of adjunct faculty members believes there is a basis for a grievance: 1. The party asserting a or parties involved shall informally discuss the grievance may attempt to resolve with the problem division ▇▇▇▇ or designee. 2. If the grievance is not resolved through informal communication with discussion, the immediate supervisor. The parties grievant may agree to bypass any step invoke the formal grievance procedure by filing a signed written statement of the grievance procedurewith the Vice President for Academic Affairs within twenty-one (21) working days of its occurrence (or of the date when the adjunct faculty member or Federation became aware or should reasonably have become aware of the matter). This initiates Grievance Level One. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally present the grievance in writing to the department supervisor who will arrange for a meeting to be held within 3. Within ten (10) working days of the filing of the grievance, the Vice President for Academic Affairs (or designee) shall meet with the grievant and his/her Federation representative in an effort to review resolve the grievance. The Supervisor will provide reasonable notice Vice President for Academic Affairs (or designee) shall issue to the Field Representative grievant and his/her Federation representative a decision in writing on the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date grievance meeting. 4. If the Federation is not satisfied with the disposition of the occurrence giving rise grievance by the Vice President for Academic Affairs (or designee), or if no disposition is made within the time limits in Level One, the Federation shall transmit the grievance to the grievance, or President by filing a written copy thereof within ten (10) working days of when from the employee or the Union, through the use of reasonable diligence, should reasonably have known receipt of the occurrence decision (or of the event giving rise failure to decide) of the grievanceVice President for Academic Affairs. This initiates grievance Level Two. 5. The supervisor President shall provide a written answer have the option to meet (or designate another college official to meet) with the grievant with a copy to the Union within 10 working days of the meetingand his/her Federation representative. The answer President (or designee) shall include issue a decision on the reasons for the decision. Step 2: grievance within fifteen (15) working days. If the grievance is not satisfactorily resolved at the preceding stepdenied, the grievant(sPresident (or designee) or shall state the Union or both may refer it to reasons for doing so. 6. If the Chief Federation is not satisfied with the disposition of Police by filing the grievance in writing within 10 working days of receipt of by the answer from Step 1 orPresident, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice * may be submitted to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing arbitration within ten (10) working days from the date of receipt of the answer from President’s decision. To initiate arbitration, the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for Federation shall send a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice certified letter to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) NJ Public Employment Relations Commission with a copy to the Union College President.  No grievance concerning reappointment, promotion, or any grievance unrelated to this Agreement may be advanced to arbitration. Decisions of the arbitrator with respect to grievances based on alleged misapplications, misinterpretations or violations of contract provisions dealing with professional responsibilities, workload or work assignments shall be advisory. Decisions of the arbitrator with respect to all other grievances shall be binding. 7. The arbitrator shall submit a written decision within ten thirty (1030) working calendar days of the meeting provided for in hearing. The arbitrator shall have no power to alter, modify, add to or subtract from the provisions of the agreement; his/her authority shall be limited to deciding the disposition of an alleged violation of the express written terms of this paragraphAgreement. If The arbitrator’s fees and expenses shall be shared equally by the grievance arises from a decision or action at Board and the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1Federation.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. ‌ The party asserting A grievant and a Union Representative (if the grievant so desires) shall first discuss the grievance may attempt to resolve the problem through informal communication with the grievant's immediate supervisoradministrative superior. The parties may agree to bypass any step of the grievance procedure. Step 1: STEP I STEP II STEP III If the informal process with the immediate supervisor fails to resolve the problemmatter is not satisfactorily adjusted within five (5) work days, the grievant(s) or the Union or both may formally present the grievance grievant shall submit it in writing within five (5) work days to the department supervisor who will arrange for a meeting to grievant's immediate administrative superior. Such written grievance must be held filed within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working work days of the date that the grievant should have been logically aware of the occurrence act or circumstances giving rise to the grievance, or within ten (10) working days of when except that an extension shall be granted ifmutually agreed-upon and reduced to writing. The administrative supervisor shall meet with the employee or grievant and a Union representative and must render his/her decision in writing, with copies to the grievant and the Union, through the use of reasonable diligence, should reasonably have known within five (5) work days of the occurrence meeting with the grievant. Failing satisfactory settlement within such time limit, the grievant may within five (5) work days appeal in writing to the Superintendent, and such writing shall set forth specifically the basis of the event giving rise to the grievance. The supervisor Superintendent or his/her designee shall provide meet with the grievant and a written answer Union representative within five (5) work days of receipt by him/her of such appeal and shall give his/her decision in writing to the grievant with a copy to and the Union within 10 working five (5) work days of the such meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding stepBoard of Education Failing satisfactory settlement within such time limit, the grievant(sgrievant may within seven (7) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working work days of after receipt of the answer from Superintendent's decision at Step 1 or2 appeal in writing to the Board, if no answer is received, within 10 working days and such writing shall set forth specifically the basis of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ full Board, or a committee of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s)Board, shall be provided to meet with the grievant(s), with grievant and a copy to Union representative at its next regular scheduled meeting or a special meeting within thirty (30) calendar days from the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If date the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1.was

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. The party asserting parties acknowledge that it is usually most desirable for a teacher and the teacher's immediate supervisor to resolve problems through informal and free communications. Therefore, before a grievance is filed, the claimant shall discuss the claim with the most immediate supervisor. If, however, the informal process fails to satisfy the teacher, a grievance may attempt to resolve be processed in the problem through informal communication following manner, and the grievant may be accompanied by a representative of choice: The teacher or the Association shall file the grievance in writing with the immediate supervisor, who shall certify by signature the date the grievance was received. This certification shall be witnessed by the grievant. The parties may agree to bypass any step written grievance shall state the nature of the grievance procedure. Step 1: If grievance, shall note the informal process with specific clause or clauses of the immediate Agreement which are applicable, and shall state the remedy requested. The supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally present the grievance in writing to the department supervisor who will shall arrange for a meeting to be held take place with the grievant within ten five (105) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ after receipt of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide make a written answer decision on the grievance and communicate it in writing to the grievant with a copy to and the Union Superintendent within 10 working five (5) days of the meeting. The answer In the event the grievance has not been satisfactorily resolved at Step One, the grievant shall include file a copy of the grievance with the Grievance Committee of the Association within ten (10) days of receipt of the Step One written decision. If the Grievance Committee feels that the grievance has merit, the grievant shall file, within twenty (20) days of receipt of the Step One written decision, a copy of the grievance with the Superintendent. Within ten (10) days after receipt of the written appeal, the Superintendent shall respond in writing to the grievant and the Association Grievance Committee giving a decision, including reasons for if the decision. Step 2: appeal is denied. If the grievance is not satisfactorily resolved at the preceding stepStep Two, the grievant(s) or the Union or both grievance may refer it proceed to binding arbitration. The Association may submit to the Chief Superintendent a written request on behalf of Police by filing the grievance in writing Association and the grievant to enter into binding arbitration. If a demand for binding arbitration is not filed within 10 working thirty (30) days of receipt of the answer Step Two decision, then the grievance shall be deemed withdrawn. Arbitration proceedings shall be conducted by an arbitrator to be selected by the two parties through mutual selection or from Step 1 ora roster of arbitrators provided by the American Arbitration Association. Within seven (7) days after the Association requests binding arbitration, if no answer is received, within 10 working days the two parties will request the American Arbitration Association provide a panel of seven (7) arbitrators. Each of the two parties will alternately strike one name at a time that from the answer was duepanel until only one name shall remain. The Chief will arrange remaining name shall be the arbitrator. Expenses for a meeting to the arbitrator's services shall be held within 10 working days of such referral to review borne equally by the grievanceDistrict and the Association. The Chief will provide reasonable notice decision of the arbitrator shall be final and binding on the parties. The arbitrator, in his or her opinion, shall not amend, modify, nullify, ignore or add to the Field Representative provisions of the Agreement. The arbitrator's authority shall be strictly limited to deciding only the issue or issues presented to him or her in writing by the District and the ▇▇▇▇▇▇▇ Association and his or her decision must be based solely and only upon his or her interpretation of the meeting date and timemeaning or application of the expressed relevant language of the Agreement. The Union Board and the Association shall have the right not be permitted to include assert in its presentation such witnesses and materials as it deems necessary these arbitration procedures any grounds or to develop facts pertinent rely on any evidence not previously disclosed to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraphother party. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. 1) The party asserting a grievance may attempt number of days indicated at each level should be considered as maximum and every effort should be made to resolve expedite the problem through informal communication with the immediate supervisorprocess. The parties time limits may agree to bypass any step of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally present the grievance be extended by mutual consent in writing to by the department supervisor who will arrange for a meeting to be held within ten (10) working days to review the grievanceauthorized representatives of each party. The Supervisor will provide reasonable notice to the Field Representative At Level Three and the above, ▇▇▇▇▇▇▇▇’s counsel may be present. 2) Hearing shall be held after normal school hours. 3) Persons proper to be at hearings from Level Two on are defined as the grievant, the Central Grievance Committee, Board’s Appeal Committee, witnesses and a designated representative of the Board and the Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways: a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf. b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to any scheduled meeting date and timeat which the representative is to be present. c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a formal grievance in writing on a form provided by the Human Resources Department. The formal written This form is shown in the Appendix 7 of this contract. This grievance shall clearly identify all provisions of this Agreement which are alleged to have been violatedbe filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and describe one for the remedy which is being soughtHuman Resources Department. The filing of the A formal written grievance at this step shall be within filed as soon as possible, but in no event longer than ten (10) working days after disclosure of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event facts giving rise to the grievance. The supervisor Within five (5) days of the filing of the formal grievance in writing a meeting shall provide a written take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievant with a copy grievance shall be given to the Union grievant in writing within 10 working five (5) days of after the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved settled at the preceding stepLevel One, the grievant(sAssociation may, within five (5) or days after said decision, notify the Union or both may refer Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the Chief grievant and the Association. If the grievance is not settled at Level Two, it may, within five (5) days after receipt of Police the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the grievance in writing Superintendent stating the grounds for appeal. A meeting with the Board shall occur within 10 working twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the grievant and the Association within seven (7) days after the hearing. Within five (5) days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved decision at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s levelLevel Three, the grievance may be initiated at Step 3, provided it is filed within submitted to arbitration. a) The parties will select an arbitrator according to the time limit prescribed provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in Step 1writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction. b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the other party prior to such hearings.

Appears in 2 contracts

Sources: Master Contract, Master Contract

Procedures. The party asserting a grievance may attempt to resolve the problem through informal communication with the immediate supervisor. The parties may agree to bypass any step of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally present the grievance in writing to the department supervisor who will arrange for a meeting to be held within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of Education Association designates the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe association President or his/her designee as the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, local agent responsible for processing grievances through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decisionLevel Three. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief 1. LEVEL ONE – A member – group of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s)members, or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is receivedAssociation believing that there has been a violation shall, within ten (10) working school days of its alleged occurrence, orally discuss the time that grievances with the answer was duebuilding Principal and the representative of the Association in an attempt to resolve the matter. The Vice President If no resolution is obtained within five (5) school days following the discussion, the grievant shall express the grievance in writing and process in accordance with Level Two. 2. LEVEL TWO - If the meeting is with the school principal and the parties cannot agree, the grievance shall promptly be transmitted to the Superintendent who shall have five (5) school days thereafter to approve or designee will arrange for a meeting to be held within 15 working days of such referral to review disapprove the grievance. The Vice President will provide reasonable notice If the grievance is transmitted directly to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union Superintendent, he/she shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working school days of from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the meeting provided for in this paragraphSuperintendent. If the grievance arises from a shall be denied by the Superintendent, either upon review of the action of the school principal or in the first instance, the Superintendent shall answer the grievance in writing and the grievance with the answer shall be transmitted to the Association. 3. LEVEL THREE - If the decision or action at of the Vice President’s levelSuperintendent is not satisfactory to the Association, the grievance may be initiated submitted within twenty (20) school days to arbitration before an impartial arbitrator selected by the parties. a. The arbitrator shall be selected by the American Arbitration Association in accord with its rules which shall likewise govern the Arbitration hearing. The Board and Association shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the Board and to the Association. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction where such award does not conflict with or deny the powers and duties of the Board granted by Legislative Act. b. If any ancillary staff member for whom a grievance is sustained shall be found to have been improperly reprimanded or improperly deprived of a position, or unjustly discharged, the arbitrator will have authority to reinstate the ancillary staff member, with full reimbursement for all compensation lost. The costs of any arbitration under this article shall be shared equally by the Board and the Association. c. It is expressly understood that the grievance procedure shall not apply to those matters from which statute authorizes specific remedy, such as the Tenure Teacher Act. d. It is understood that the time limits are maximum and can be extended with the written mutual consent of both parties. Both parties should be encouraged to process a grievance as rapidly as possible and within the limits and procedure as set forth herein. If the administration at Step 3any step fails to respond in a timely manner, provided it the grievance will be considered denied and may be moved to the next level. Failure of the grievant to meet any time limits will result in the grievance being considered as withdrawn. e. In the event a grievance is filed within after May 1st of any year and strict adherence to the time limit prescribed limits may result in Step 1hardship of any party, the Superintendent shall use his/her best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. If the grievance is processed to arbitration, the parties may submit the grievance to expedited arbitration under the rules of the American Arbitration Association.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

Procedures. ‌ The party asserting a A member(s) of the bargaining unit with an alleged grievance may attempt to resolve initiate the problem through informal communication grievance procedure in one (1) of the ways listed at LEVEL I. LEVEL I: 1. He/she may approach the administrator immediately concerned and discuss the matter on his/her own behalf. 2. He/she may request that a representative of the Association accompany him/her in approaching the administrator, and the Association representative may speak on behalf of the grievant if desired. The administrator shall not initiate any consultation with the immediate supervisorgrievant prior to the scheduled meeting at which the Association representative may be present. 3. The parties may agree to bypass any step above grievance need not be in writing and will remain confidential. 4. If the grievance is not resolved within five (5) days of the grievance procedure. Step 1: informal claim at LEVEL I, the grievant may request the Association Grievance Committee to continue with the grievance. If the informal process committee agrees, the Association becomes the grievant and will continue with the immediate supervisor fails grievance by proceeding to resolve Level II. However, no grievance shall proceed to Level II unless it is an Association grievance. If the problemcommittee decides not to proceed with the grievance, the grievant(sgrievance will be withdrawn without prejudice or record. LEVEL II: 1. The grievant shall within five (5) or the Union or both may formally present days submit copies of the grievance in writing to the department immediate administrator/supervisor. 2. Within five (5) days of the receipt of the grievance, the immediate administrator/supervisor who will arrange for shall meet with the grievant. 3. Within five (5) days of the meeting, the immediate administrator/supervisor shall write a meeting disposition of the grievance and return a copy to be held the grievant (Association), the grieving employee, and the Superintendent. 4. If the grievant is not satisfied with the disposition of the grievance at LEVEL II, the grievant may pursue the grievance further by proceeding to LEVEL III. LEVEL III: 1. The grievant shall within ten (10) working days to review of the grievance. The Supervisor will provide reasonable notice disposition at LEVEL II, submit the grievance in writing to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and timeSuperintendent or his/her designee. 2. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within Within ten (10) working days of the date receipt of the occurrence giving rise to the written grievance, the Superintendent or within his/her designee shall meet with the grievant. 3. Within ten (10) working days of when this meeting, the employee superintendent or the Union, through the use of reasonable diligence, should reasonably have known his/her designee shall write a disposition of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer grievance and forward copies to the grievant (Association), the grieving employee, and the immediate administrator/supervisor. 4. If the grievant is not satisfied with a copy to the Union within 10 working days disposition of the meetinggrievance at LEVEL III, the grievant may pursue the grievance further by proceeding to LEVEL IV. LEVEL IV. 1. The answer Association shall include notify the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police Superintendent by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s)certified mail, with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of return receipt of the answer from the Chief or, if no answer is receivedrequested, within ten (10) working days after receipt of the time LEVEL III disposition that it intends to submit the answer was duegrievance to arbitration. 2. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within Within ten (10) working days following the receipt of the meeting provided written request for arbitration, the superintendent or designee and the Association or representative shall mutually petition the American Arbitration Association (AAA) to provide both parties with a list of seven (7) names from which an arbitrator will be selected by the alternate strike method and notified in this paragraphaccordance with the rules of the AAA. a. A second list of seven (7) names may be requested by either party. b. The toss of a coin shall determine who strikes first. 3. If Once the arbitrator has been selected, he/she shall conduct a hearing on the grievance arises from in accordance with the rules and regulations of the AAA. 4. The arbitrator shall hold the necessary hearing promptly and issue a decision or action within such time as may be agreed upon by the parties involved. 5. The decision shall be in writing and a copy sent to all parties present at the Vice President’s levelhearing. 6. The decision of the arbitrator shall be binding on the Board and the Association. The arbitrator shall have no authority to alter, add, or subtract from terms and conditions of this agreement. 7. The costs of the grievance may arbitrator shall be initiated at Step 3, provided it is filed within shared equally by the time limit prescribed in Step 1Association and the Board.

Appears in 2 contracts

Sources: Negotiated Agreement, Negotiated Agreement

Procedures. The party asserting a grievance may attempt parties acknowledge that it is usually most desirable for an employee and the employee’s immediate supervisor to resolve the problem problems through informal communication and free communications. If, however, the informal process fails to satisfy the employee, a grievant may be accompanied by a representative of choice: Step One The employee or the Union shall file the grievance in writing with the immediate supervisor, who shall certify by signature the date the grievance was received. The parties may agree to bypass any step written grievance shall state the nature of the grievance procedure. Step 1: If grievance, shall note the informal process with specific clause or clauses of the immediate Agreement, which are applicable, and shall state the remedy requested. The supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally present the grievance in writing to the department supervisor who will shall arrange for a meeting to be held take place with the grievant within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ after receipt of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide make a written answer decision on the grievance and communicate it in writing to the grievant with a copy to and the Union Superintendent within 10 working five (5) days of the meeting. The answer shall include Step Two In the reasons for event a grievance has not been satisfactorily resolved at Step One, the decision. grievant may present the grievance within ten (10) days to the Superintendent, who will follow the same provisions as established in Step 2: One. Step Three If the grievance is not satisfactorily resolved at the preceding stepStep Two, the grievant(sgrievant shall file, within ten (10) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the Superintendent’s decision at Step Two, a request for a hearing with the Board. The Board shall meet with the grievant within fifteen (15) days after receipt of the request for a hearing. The Board, or their designee, shall file an answer from Step 1 or, if no answer is received, within 10 working ten (10) days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice hearing and communicate it in writing to the Field Representative grievant and the ▇▇▇▇▇▇▇ of the meeting date and timeSuperintendent. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: Four If the grievance is not satisfactorily resolved at the preceding stepStep Three, the grievant(s), or the Union, or both, may refer it grievance shall proceed to binding arbitration. The Union shall submit to the Vice President Superintendent a written request on behalf of the Union and the grievant to enter into binding arbitration. If a demand for Administrative Affairs, or designee, by filing the same in writing binding arbitration is not filed within ten twenty (1020) working days of receipt of the answer Step Three decision, then the grievance shall be deemed withdrawn. Arbitration proceedings shall be conducted by an arbitrator to be selected by the two parties from a roster of arbitrators provided by the Chief orAmerican Arbitration Association. Within seven (7) days after the Union requests binding arbitration, if no answer is received, within ten (10) working days the two parties will request the American Arbitration Association to provide a panel of arbitrators in accordance with their procedures. The selection of an arbitrator shall also be accomplished in accordance with AAA procedures. Expenses for the arbitrator’s services shall be borne equally by the District and the Union. The decision of the time that arbitrator shall be final and binding on the answer was dueparties. The Vice President arbitrator, in their opinion, shall not amend, modify, nullify, ignore, or designee will arrange for a meeting add to be held within 15 working days the provisions of such referral to review the grievanceAgreement. The Vice President will provide reasonable notice arbitrator’s authority shall be strictly limited to deciding only the Field Representative issue or issues presented to them in writing by the District and the ▇▇▇▇▇▇▇ Union, and their decision must be based solely and only upon their interpretation of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days meaning or application of the meeting provided for in this paragraph. If express relevant language of the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1Agreement.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. The party asserting parties acknowledge that a Teacher and an Administrator may resolve problems through free and informal communications. The informal disposition of problems in no way prohibits the Association from filing a grievance may attempt to resolve the problem through informal communication with the immediate supervisornor does it establish a precedent. However, a grievance shall be processed as follows: 3.2.1 STEP I - The parties may agree to bypass any step of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally grievant shall present the grievance in writing writing, signed, dated and specifying the remedy sought, to the department supervisor who immediately involved administrator within ten (10) days of the occurrence, stating the Article and Section of the Agreement alleged to have been violated. The administrator will arrange for a meeting to be held take place within ten (10) working days to review of receipt of the grievance. The Supervisor will provide reasonable notice to Association’s representative, the Field Representative grievant, and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step immediately involved administrator shall be within present for the meeting. Within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer , the grievant and the Association shall include be provided with the administrator’s written response, including the reasons for the decision. Step 2: 3.2.2 STEP II - If the grievance is not satisfactorily resolved at STEP I, then the preceding step, Association shall refer the grievant(s) or the Union or both may refer it grievance to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing Superintendent’s official designee within ten (10) working days of after receipt of the answer from STEP I answer. The Superintendent shall arrange with the Chief or, if no answer is received, Association representative for a meeting to take place within (10) days of the Superintendent’s receipt of the appeal. Within ten (10) working days of the time that meeting, the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), Association shall be provided to with the grievant(s) with a copy to Superintendent’s receipt of the Union within appeal. Within ten (10) working days of the meeting meeting, the Association shall be provided with the Superintendent’s written response, including the reasons for in this paragraphthe decision. 3.2.3 STEP III - If the Association is not satisfied with the disposition of the grievance at STEP II, the Association may submit the grievance to final and binding arbitration. The American Arbitration Association shall act as the administrator of the proceedings using the Voluntary Labor Arbitration Rules. If a demand for arbitration is not filed with the Board within thirty (30) days of the day of the Step II answer, then the grievance arises from a decision or action at shall be deemed withdrawn. 3.2.3.1 Neither the Vice President’s levelBoard nor the grievant shall be permitted to assert any grounds of evidence before the arbitrator, which was not previously disclosed to the party. 3.2.3.2 The arbitrator shall have no power to alter the terms of this Agreement. 3.2.3.3 Each party shall bear the full cost for its representation in the grievance may procedure. 3.2.3.4 The fees and the expenses of the arbitrator shall be initiated at Step 3shared equally by the parties. 3.2.3.5 If only one party requests the presence of a court reporter, provided it is filed within that party shall bear the time limit prescribed in Step 1cost of the reporter. If both parties request a court reporter, they shall share the costs. 3.2.3.6 If only one party requests the postponement of an arbitration hearing, that party shall bear the cost of such postponement.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. The party asserting parties hereto acknowledge that it is incumbent upon the ParaEducator and his/her immediate supervisor to resolve problems through free and informal communications. When requested by the ParaEducator, an Association representative may accompany the ParaEducator in order to assist in the informal resolution of the grievance. Nothing contained herein shall be construed as limiting the right of any ParaEducator having a grievance may attempt to resolve discuss the problem through informal communication matter informally with his/her immediate supervisor and having the grievance adjusted, provided the resolution agreed to is not inconsistent with the immediate supervisor. The parties may agree to bypass any step terms of the grievance procedurethis Agreement. Step 1: If . Level One The formal grievance procedure begins when the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) ParaEducator or the Union or both may formally present Association presents the grievance in writing to the department supervisor who will arrange for a meeting to be held within ten (10) working days to review Division Chair. The grievance statement must specify the nature of the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions , section of this Agreement which are alleged to have has been violated, and describe the remedy which is being sought. The filing of the formal written Such grievance at this step shall be submitted within ten twenty (1020) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence knowledge of the event giving rise to the grievance. The supervisor shall arrange for a meeting to take place within five (5) days after receipt of the grievance statement. The grievant, Association representative or immediate supervisor may invite the person or persons of his/her choice to meet with the supervisor to help settle the grievance. The supervisor shall provide a written answer to the grievant grievance together with a copy the supporting reasons therefore. Copies shall be given to the Union grievant, the Association and to the Superintendent within 10 working three (3) days of after the meeting. The answer shall include the reasons for the decision. Step 2: . Level Two If the grievance is not satisfactorily resolved at Level One, or if no decision has been rendered within three (3) days after the preceding stepmeeting at Level One, the grievant(s) grievant or the Union or both Association may refer it appeal to the Chief Principal of Police by filing the building (or his/her designee) in which the grievance is alleged to have occurred. The appeal must be in writing and must include the original written grievance to the supervisor, a copy of the supervisor's written response, and statement why the response does not resolve the grievance within 10 working (5) days. The Principal (or his/her designee) shall thereafter schedule a meeting with the grievant, the Association, the supervisor, and the person or persons chosen by the grievant within five (5) days of receipt of the answer grievance. Within three (3) days after such meeting, the Principal shall issue a written decision, including the reasons upon which the decision was based, with copies furnished to the grievant, the Association, and the immediate supervisor. 3. Level Three If the Principal's (or his/her designee’s) response does not resolve the grievance, the grievant shall have five (5) school days in which to appeal in writing to the Superintendent. This appeal shall include copies of all written documents exchanged to the point of the Level Three appeal and a written statement of rationale as to why the Principal's response does not constitute resolution. The Superintendent shall have five (5) school days to schedule a meeting between the grievant and his/her Association representative and the Superintendent (or his/her designee). The Superintendent (or his/her designee) shall have ten (10) school days after the meeting to respond in writing. 4. Level Four Should the grievance still not be resolved at Level Three, the grievant shall have five (5) school days from Step 1 ordelivery of the Superintendent's (or his/her designee’s) written response to appeal to the Board. This appeal shall be in writing, if no answer is receivedaddressed to the secretary of the Board of Education and shall include all written documents exchanged through Level Three in addition to a statement of rationale detailing why the Superintendent's (or his/her designee’s) response does not constitute resolution. Within ten (10) school days, within 10 working the Board of Education (or its designee(s)) will schedule a meeting between the Board (or its designee(s)) and the grievant and grievant's representative to hear argument and gather information from appropriate sources. Within ten (10) school days of the time that the answer was due. The Chief will arrange for a meeting to be held hearing or within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working five (5) school days of the next scheduled Board meeting provided for following the hearing, whichever is later, the Board (or its designee(s)) shall respond in this paragraphwriting to the grievant and Association. Step 3: If 5. Level Five In the event the grievance is not satisfactorily resolved at the preceding stepresolved, the grievant(sAssociation may, on behalf of the grievant, within fifteen (15) school days, submit the grievance to binding arbitration through the American Arbitration Association (AAA), . The arbitrator shall rule only on the alleged violation and shall have no power to alter the terms and/or conditions of this Agreement or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, working conditions of ParaEducators covered by filing the same in writing within ten (10) working days of receipt this Agreement. Each party shall bear 50% of the answer from the Chief orfull cost of arbitration, if no answer is received, within ten (10) working days except that each party shall bear full cost for any transcripts of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as proceeding it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1requests.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Negotiated Agreement

Procedures. 1. The party asserting a aggrieved person shall discuss the grievance may attempt to resolve the problem through informal communication informally with the immediate supervisor. 2. The parties may agree to bypass any step If the aggrieved person is not satisfied with the disposition of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problemgrievance, the grievant(she/she shall, within five (5) or the Union or both may formally school days, present the grievance in writing to the department supervisor who will arrange for Superintendent. The submission to the Superintendent shall contain a meeting statement setting forth: (a) The nature of the grievance; (b) The nature and extent of the loss, injury or inconvenience, and the remedy requested; (c) With respect to be held building service staff, the results of previous discussions and the stated dissatisfaction with the decision previously rendered. 3. The Superintendent shall investigate the grievance and give his/her decision in writing within ten five (105) working school days to review the grievanceaggrieved person. 4. The Supervisor will provide reasonable notice to If the Field Representative and aggrieved person is not satisfied with the ▇▇▇▇▇▇▇ disposition of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, he/she shall, within five (5) school days, request a review by the Board. The request shall be submitted in writing through the Superintendent, who shall attach all related papers and forward the request to the Board. Within thirty (30) days the Board, or committee of the Board, shall view the grievance, hold a hearing with the aggrieved if requested, and render its decision in writing. 5. If the aggrieved person is not satisfied with the disposition of the grievance by the Board, the aggrieved person, within ten five (105) working school days after receipt of when the employee decision or the Union, through the use of reasonable diligence, should reasonably have known expiration of the occurrence of time by which a decision is to be rendered, whichever is sooner, may request in writing that the event giving rise Association submit the grievance to advisory arbitration. If the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If Association determines that the grievance is not satisfactorily resolved at the preceding stepmeritorious, the grievant(s) or the Union or both it may refer it to the Chief of Police by filing submit the grievance in writing within 10 working days of receipt of to advisory arbitration by notifying the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days Superintendent of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same fact in writing within ten (10) working school days of after receipt by the Association of the answer from request to submit the Chief orgrievance to advisory arbitration. Such application for advisory arbitration shall be made to P.E.R.C. 6. The arbitrator selected shall confer with representatives of the Board and the Association and begin hearings as soon as can be arranged. The arbitrator shall be restricted to consider only the question or questions submitted to him. The arbitrator shall have authority only to interpret and apply the terms of this Agreement and shall not have any authority to alter in any way the terms and conditions of this Agreement or to add any provisions thereto. The arbitrator shall issue his/her recommendations within thirty (30) calendar days after he/she has concluded the hearings. The recommendations of the arbitrator shall be advisory only, not binding. 7. The costs for the services of the arbitrator, including per diem expenses, if no answer is receivedany, within ten (10) working days and actual and necessary travel, subsistence expenses and the cost of the time that hearing room shall be borne equally by the answer was dueBoard and the Association. The Vice President Any other expenses incurred shall be paid by the party incurring same. 8. To proceed beyond the Board, a grievance must be concerned only with the interpretation or designee will arrange for application of the provisions of this Agreement, provided, however, in no event may a meeting to be held within 15 working days grievance proceed beyond the Board if it arises out of such referral to review the grievance. The Vice President will provide reasonable notice or relates to the Field Representative and the ▇▇▇▇▇▇▇ interpretation or application of any of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days following provisions of the meeting provided for in this paragraph. If the grievance arises from a decision Agreement; ARTICLE XI; or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1ARTICLE XII.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. In general--The party asserting a adjustment of grievances shall be accomplished as rapidly as is possible. To that end, the number of days within which each step is prescribed to be accomplished shall be considered as maximum and every effort shall be made to expedite the process. Under unusual circumstances the time limits prescribed in this statement may be extended or reduced by mutual consent of the grievant and the person or persons by whom his grievance may attempt to resolve the problem through informal communication is being considered. Initial private conference: A grievant shall first take up his/her grievance with the principal or immediate supervisoradministrative superior in private informal conferences. The parties may agree Every effort shall be made to bypass any step of adjust the grievance procedurein an informal manner. Step Level 1: If the informal process employee is dissatisfied with the outcome of the initial private conferences, he/she may request a formal conference with his/her principal or immediate supervisor fails supervisor. Every effort should be made to resolve develop an understanding of the problem, facts and the grievant(s) or the Union or both may formally present the grievance issues in writing order to the department supervisor who create a climate which will arrange for lead to a meeting to be held solution. The formal conference shall occur within ten (10) working school days to review of the last informal conference. Level 2: In the event that the aggrieved person is not satisfied with the disposition of his/her grievance at Level 1, or in the event that no decision is reached within five (5) school days after the presentation of the grievance. The Supervisor will provide reasonable , he/she may appeal the matter in writing to the Superintendent of Schools with the notice to the Field Representative and Board of Education. If the ▇▇▇▇▇▇▇ grievant does appeal the grievance to the Superintendent, the Superintendent or his designated representative, shall confer with the grievant in an effort to arrive at a satisfactory solution within five (5) school days after the appeal has been received by the Superintendent. If the grievant does not appeal the grievance to the Superintendent within twenty (20) school days after the formal conference at Level 1, the appeal of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall automatically be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decisionwaived. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step Level 3: If the grievance is not satisfactorily resolved at adjusted to the preceding step, satisfaction of the grievant(s)grievant, or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing if no decision is made thereon within ten (10) working school days after the date the grievance was filed with the Superintendent or his/her designated representative under Level 2, then the grievant may appeal the grievance to the Board of receipt Education for the purpose of final adjustment of the answer from grievance by submitting a written request to final adjustment of the Chief or, if no answer is received, grievance by submitting a written request to the Clerk of the Board of Education within ten (10) working school days after the Superintendent, or his/her designated representative, has rendered a decision, or after the expiration of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1.said ten

Appears in 2 contracts

Sources: Joint Agreement, Joint Agreement

Procedures. A. Step 1 1. The party asserting filing of a grievance may attempt to resolve form with Human Resources shall initiate the problem through informal communication with the immediate supervisorformal grievance process. The parties may agree to bypass any step of Step 1 Management Representative shall schedule a meeting between the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problemgrievant, the grievant(s) or the Union or both may formally present the grievance in writing to the department supervisor who will arrange for a meeting to be held within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the grievant’s ▇▇▇▇▇▇▇/AFSCME Employee Representative, and any other appropriate individual within fifteen (15) days following receipt of the grievance if no postponement is requested, or receipt of written notice that the grievant wishes to proceed with the Step 1 meeting date and timeif a postponement was previously requested. The formal written grievance grievant shall clearly identify all provisions of this Agreement which are alleged have the right to have been violated, and describe the remedy which is being sought. The filing present any evidence in support of the formal written grievance at this step meeting. If the meeting does not result in resolution of the grievance, the Step 1 Management Representative will proceed with processing the grievance and issuing a written decision, stating the reasons therefore, to grievant’s ▇▇▇▇▇▇▇/AFSCME Employee Representative within thirty (30) days following the conclusion of the meeting, unless an extension has been granted. If an extension was granted, the decision shall be within ten (10) working days issued by the agreed upon date. A copy of the date decision and documents referenced in the decision shall be sent to the grievant and to the AFSCME Representative or to the AFSCME President if grievant elected not to be represented by AFSCME. The decision shall be transmitted by personal delivery with written documentation of receipt or by certified mail, return receipt requested. 2. Where practicable, the Step 1 Management Representative shall make available to the grievant or grievant’s ▇▇▇▇▇▇▇/AFSCME Employee Representative, documentation referenced in the Step 1 decision prior to its issuance. All documents referred to in the Step 1 decision and any additional documents presented by the grievant shall be attached to the decision, together with a list of these documents. In advance of the occurrence giving rise Step 1 meeting, the grievant or the grievant’s ▇▇▇▇▇▇▇/AFSCME Employee Representative shall have the right, upon written request, to a copy of documents identified as relevant to the grievance. 3. In the absence of an agreement to extend the period for issuing the Step 1 decision, or within ten (10) working days of when the employee grievant may proceed to Step 2 if the grievant or the Union, through grievant’s ▇▇▇▇▇▇▇/AFSCME Employee Representative has not received the use of reasonable diligence, should reasonably have known written decision by the end of the occurrence 30th day following the conclusion of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the Step 1 meeting. The answer shall include the reasons for the decision. B. Step 2: 1. If the grievance is not satisfactorily resolved at the preceding stepStep 1, the grievant(sgrievant may file a written request for review with Human Resources within thirty (30) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of following receipt of the answer from Step 1 or, if no answer is received, within 10 working days of decision by the time that grievant or the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the grievant’s ▇▇▇▇▇▇▇/AFSCME Employee Representative. The Step 2 Management Representative, grievant or the grievant’s AFSCME Staff Representative shall schedule a meeting for the purpose of reviewing the matter within fifteen (15) days following receipt of the meeting date and timerequest for review. 2. The Union Step 2 Management Representative shall have issue a written decision, stating the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent reasons therefore, to the grievancegrievant or the grievant’s AFSCME Staff Representative within thirty (30) days following the conclusion of the meeting. In the absence of an agreement to extend the period for issuing the Step 2 decision, AFSCME may proceed to Step 3 if the AFSCME Staff Representative has not received the written decision by the end of the 30th day following the conclusion of the Step 2 meeting. A written answer, including reason(s), copy of the decision shall be provided sent to the grievant(s)grievant and to AFSCME if the grievant elected not to be represented by AFSCME. The decision shall be transmitted by personal delivery with written documentation of receipt or by certified mail, with a copy to the Union, within 10 working days of the meeting provided for in this paragraphreturn receipt requested. C. Step 3: 3 – Arbitration 1. If the grievance is not satisfactorily resolved at Step 2, AFSCME may appeal the preceding step, the grievant(s), or the Union, or both, may refer it decision to the Vice President Arbitration on a Request for Administrative Affairs, or designee, by filing the same in writing Arbitration Form within ten thirty (1030) working days of after receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was duedecision. 2. The Vice President or designee will arrange Board and AFSCME may, by written agreement, submit related grievances for a meeting to be held within 15 working days of such referral to review hearing before the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1samearbitrator.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. When requested by the employee, an Association representative (BEEA member) may accompany the employee to assist in the resolution of the grievance. The party asserting parties hereto acknowledge that it is most desirable for an employee and the employee’s immediate supervisor to resolve problems through free and informal communication. If, however, the informal process fails to satisfy the grievant, a grievance may attempt to resolve the problem through informal communication with the immediate supervisor. The parties may agree to bypass any step of the grievance procedurebe processed as follows. Step STEP 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally The grievant shall present the grievance in writing using the appropriate form to the department supervisor immediately involved supervisor, who will arrange for a meeting to be held take place within ten four (104) working days to review after the receipt of the grievance. The Supervisor will provide reasonable notice to the Field Representative grievant and the ▇▇▇▇▇▇▇ immediately involved supervisor shall be present for the meeting, at the request of the meeting date and timegrievant; an Association representative may be present. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten Within two (102) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer , the grievant shall include be provided with the supervisor’s written response, including reasons for the decision. Step STEP 2: If the grievance is not satisfactorily resolved at Step 1, then the preceding step, the grievant(s) or the Union or both grievant may refer it the grievance to the Chief of Police by filing Superintendent or his official designee with in six (6) days after the grievance in writing within 10 working days of receipt of the answer from Step 1 oranswer or within eight (8) days after the Step 1 meeting, if no answer whichever is received, within 10 working days of the time that the answer was duelater. The Chief will Superintendent shall arrange with the grievant and/or the Association representative for a meeting to be held take place within 10 working five (5) days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ Superintendent’s receipt of the meeting date and timeappeal. The Union Each party shall have the right to include in its presentation representation such witnesses and materials counselors as it deems necessary to develop facts pertinent to necessary. Within four (4) days of the grievance. A written answermeeting, including reason(s), the grievant shall be provided to with the grievant(s)Superintendent’s written response, with a copy to including reasons for the Union, within 10 working days of the meeting provided for in this paragraphdecision. Step STEP 3: If the grievance grievant is not satisfactorily resolved satisfied with the grievance at the preceding step, the grievant(s)Step 2, or the Uniontime limits expire without the issuance of the Superintendent’s written reply, or both, the grievance may refer it be submitted to the Vice Board of Education. The Board may hear the grievance to Step 4. In the event that the Board decides to hear the grievance, the President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will Board shall arrange for a meeting to be held take place with the grievant and/or Association representative within 15 working twenty (20) days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ receipt of the meeting date and timeappeal. The Union Each party shall have the right to include in its presentation representation such witnesses and materials counselors as it deems necessary to develop determine pertinent facts pertinent to the grievance. A Upon conclusion of the hearing, the President of the Board shall have eight (8) days in which to provide the written answer, including reason(s), shall be provided decision of the Board with reasons to the grievant(s) grievant. STEP 4: If the grievant is not satisfied with a copy to the Union within ten (10) working days disposition of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, or the time limits expire without issuance of the Board’s written reply, or the Board chooses not to hear the grievance, the grievant and Association may submit the grievance to final and binding arbitration as provided it in the ILLINOIS EDUCATIONAL LABOR RELATION ACT. If a demand for arbitration is not filed within thirty (30) days of the time limit prescribed in date for the Step 13 answer, then the grievance shall be deemed withdrawn. Neither the Board nor the Association shall be permitted to assert any grounds or evidence before the arbitrator, which was not previously disclosed to the other party. The arbitrator shall have no power to alter the terms of the Agreement.

Appears in 2 contracts

Sources: Master Contract, Master Contract

Procedures. ‌ The party asserting (a) Step One - (Informal): A teacher with a grievance may attempt shall generally first discuss his complaint with his principal or immediate superior by: (1). Expressing his or her complaint directly to resolve his or her principal or immediate superior, or (2). Requesting his or her education association representative to express his or her complaint to his or her principal or immediate superior for him or her, or (3). Appearing together with his or her education association representative before his or her principal or immediate superior for the problem through informal communication with purpose of expressing said complaint. If the immediate supervisor. The parties may agree complaint refers to bypass any step the application or interpretation of personnel policies, rules, regulations; or an administrative decision, the principal or appropriate superior shall give the education association representative an opportunity to state the views of the association. Within five days, the principal or appropriate superior shall communicate his or her views to the aggrieved, to his or her representative (if any), and to any participating education association representative. Before resolving the complaint, the principal or the appropriate superior may consult the next higher level of administration for an opinion. If the aggrieved is not satisfied, he or she may then take or request that the complaint be taken to an appropriate higher level or administration or appropriate higher level of his or her education association. At any point in the above procedure the aggrieved teacher, the principal or appropriate superior, or the education association representative may request that the complaint under consideration be referred to a fact-finding committee and thus proceed directly to the more formal machinery set forth in Step Two of this grievance procedure. (b) Step 1: If Two - (Formal): On proper written notice, the informal process Association’s fact-finding committee, hereafter referred to as the “Grievance Committee”, shall within five (5) days transmit the complaint to the Superintendent. The Superintendent or his or her designated representative shall then work with the immediate supervisor fails Grievance Committee in a full good faith effort to seek an equitable solution. A written copy of the proceedings of all meetings held concerning a given complaint under this step shall be furnished to the aggrieved teacher, to the Superintendent or his or her representative, to each member of the Grievance Committee, and to the president of the Association. The parties involved must resolve any complaint under consideration within ten days after the problemGrievance Committee has transmitted the complaint to the Superintendent. (c) Step Three - (Formal): If a solution acceptable to all parties concerned is not reached within ten days after the Grievance Committee has transmitted the complaint to the teacher, the grievant(s) Superintendent or the Union or both Grievance Committee may formally present the institute binding grievance arbitration by so requesting in writing to the department supervisor who will arrange School Board and the elected officers of the Association. Within ten days after receiving a written request for binding grievance arbitration the School Board and the Association’s elected officers shall appoint a meeting mutually acceptable neutral third party, free from influence by the parties involved as an arbitrator. Within ten days after his or her appointment, the arbitrator shall examine the complaint, consider the opinions of all parties concerned, interpret the school policy in question, and submit his or her written recommendation to the school and the elected officers of the Association for official confirmation. The arbitrator’s recommendation shall be considered to be held within ten (10) working days binding on all parties concerned unless the School Board is advised that it’s legal discretion to review the grievancedecide has been violated. The Supervisor will provide reasonable notice to costs of arbitration shall be born equally by the Field Representative School Board and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decisionAssociation. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1.

Appears in 2 contracts

Sources: Negotiated Agreement, Negotiated Agreement

Procedures. ‌ The party asserting a grievance may attempt to resolve the problem through informal communication with the immediate supervisor. The parties may agree to bypass any step of the grievance procedure. (a) Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally present the grievance in writing to the department supervisor who will arrange for a meeting to be held within Informal: Within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of after the occurrence of the an event giving rise to a grievance, the grievance. The supervisor employee involved shall provide a written answer to discuss the grievant matter with a copy to the Union within 10 working days Director of Nutritional Services in the meeting. The answer shall include employee's work area, with the reasons for object of resolving the decisionmatter informally. (b) Step 2: If the grievance is not satisfactorily resolved informally at the preceding first step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review aggrieved employee shall file the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include , in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s)writing, with a copy the district administrator assigned to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is receivedthat area, within ten (10) working days after the informal conference. The written grievance shall state the nature of the grievance, reciting the specific clause or clauses of the agreement allegedly violated and specify the remedy requested. (c) Within ten (10) days after the Director of Nutritional Services assigned to that area receives the written grievance, a meeting at a mutually agreeable time that shall be held with the answer was dueaggrieved to discuss the alleged grievance and attempt to resolve the same. The Vice President or designee will arrange for Director of Nutritional Services shall render a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice decision communicated in writing to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, aggrieved employee including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days following the conference between the Director of Nutritional Services and the aggrieved. (d) Step 3: In the event the grievance has not been satisfactorily resolved at the second step, the aggrieved may file an appeal of the Director of Nutritional Service’s answer within ten (10) days of the written decision with the Superintendent. Within ten (10) days after the written grievance has been filed with the Superintendent, the aggrieved and the Superintendent shall meet in an attempt to resolve the grievance. The Superintendent shall file an answer in writing within ten (10) days of the grievance meeting provided for and communicate it in this paragraph. writing to the employee, including a copy to the Union. (e) Step 4: If the grievance arises from a decision or action at answer of the Vice President’s levelSuperintendent is not accepted, the Union, within ten (10) days after receiving the Superintendent's answer, may request that the grievance may be initiated at Step 3submitted to a joint committee consisting of the Board's Chief Negotiator, provided it is filed Superintendent or designee, the aggrieved, and the business representative of the Union. The Superintendent or designee shall, within ten (10) days after the time limit prescribed joint committee meeting notify the aggrieved and the Union in Step 1writing of the employer's decision on the grievance.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. ‌ The party asserting Under this Section, grievances will be processed in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays." Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor within fourteen (14) days of the date of the action or condition giving rise to the grievance. If the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance may attempt to resolve and must contain: a. Identity and title of the problem through informal communication with employee; b. Declaration or waiver of Union representation; c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based; d. A description of the immediate supervisorgrievance; and e. The corrective action desired. The parties supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may agree to bypass any step of be modified by the Employer at subsequent steps in the grievance procedure. Step 1: 2. If the informal process employee is not satisfied with the immediate decision of the supervisor fails and elects to resolve pursue the problemgrievance further, the grievant(semployee must within fourteen (14) or days of receipt of the Union or both may formally present decision in Step 1, submit the grievance in writing to the department supervisor who Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will arrange for inform the ship's Union delegate that a meeting grievance has been received and invite the delegate to be held within ten (10) working days to review present during adjustment decision of the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ Within fourteen (14) days after receipt of the meeting date employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and timewill inform the employee orally and in writing of the decision. Step 3. The formal written If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance shall clearly identify all provisions further, within fourteen (14) days of this Agreement which are alleged receipt of the decision in Step 2, or not later than fourteen (14) days after return to have been violatedhome port, and describe the remedy which is being sought. The filing of submit the formal written grievance at to the Commanding Officer (CO) of the applicable Marine Center. A copy of this step submission shall be within ten furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (1014) working days of the date of the occurrence giving rise to receipt of the grievance, or within ten (10) working days the CO of when the Marine Center shall inform the employee or the Union, through the use of reasonable diligence, should reasonably have known in writing of the occurrence of decision. If not satisfied, the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to employee may notify the Union and Marine Center Director in writing of their dissatisfaction within 10 working seven (7) days of the meeting. The answer shall include the reasons for the decisiondate of receipt. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. The party asserting a grievance may attempt to resolve the problem through informal communication with the immediate supervisor. The parties may agree to bypass any step of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally present the grievance in writing to the department supervisor who will arrange for a meeting to be held within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of Education Association designates the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe Association President or his/her designee as the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, local agent responsible for processing grievances through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decisionLevel Three. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief 1. LEVEL ONE – A member – group of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s)members, or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is receivedAssociation believing that there has been a violation shall, within ten (10) working school days of its alleged occurrence, orally discuss the time that grievances with the answer was duebuilding Principal and the representative of the Association in an attempt to resolve the matter. The Vice President If no resolution is obtained within five (5) school days following the discussion, the grievant shall express the grievance in writing and process in accordance with Level Two. 2. LEVEL TWO - If the meeting is with the school principal and the parties cannot agree, the grievance shall promptly be transmitted to the Superintendent who shall have five (5) school days thereafter to approve or designee will arrange for a meeting to be held within 15 working days of such referral to review disapprove the grievance. The Vice President will provide reasonable notice If the grievance is transmitted directly to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union Superintendent, he/she shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working school days of from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the meeting provided for in this paragraphSuperintendent. If the grievance arises from a shall be denied by the Superintendent, either upon review of the action of the school principal or in the first instance, the Superintendent shall answer the grievance in writing and the grievance with the answer shall be transmitted to the Association. 3. LEVEL THREE - If the decision or action at of the Vice President’s levelSuperintendent is not satisfactory to the Association, the grievance may be initiated submitted within twenty (20) school days to arbitration before an impartial arbitrator selected by the parties. a. The arbitrator shall be selected by the American Arbitration Association in accord with its rules which shall likewise govern the Arbitration hearing. The Board and Association shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the Board and to the Association. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction where such award does not conflict with or deny the powers and duties of the Board granted by Legislative Act. b. If any ancillary staff member for whom a grievance is sustained shall be found to have been improperly reprimanded or improperly deprived of a position, or unjustly discharged, the arbitrator will have authority to reinstate the ancillary staff member, with full reimbursement for all compensation lost. The costs of any arbitration under this article shall be shared equally by the Board and the Association. c. It is expressly understood that the grievance procedure shall not apply to those matters from which statute authorizes specific remedy, such as the Tenure Teacher Act. d. It is understood that the time limits are maximum and can be extended with the written mutual consent of both parties. Both parties should be encouraged to process a grievance as rapidly as possible and within the limits and procedure as set forth herein. If the administration at Step 3any step fails to respond in a timely manner, provided it the grievance will be considered denied and may be moved to the next level. Failure of the grievant to meet any time limits will result in the grievance being considered as withdrawn. e. In the event a grievance is filed within after May 1st of any year and strict adherence to the time limit prescribed limits may result in Step 1hardship of any party, the Superintendent shall use his/her best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. If the grievance is processed to arbitration, the parties may submit the grievance to expedited arbitration under the rules of the American Arbitration Association.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

Procedures. 7.3.1 The number of days indicated at each level of this procedure shall be considered maximum and every effort shall be made to expedite the process. 7.3.2 Grievance proceedings shall be kept informal at all levels of this procedure. 7.3.3 If the College fails to comply in writing or with its time limit requirements as set forth under any of the procedure steps, the grievance shall be considered automatically appealed to the next level of the procedure. 7.3.4 If the grievant fails to comply with the grievant’s time limit or procedural requirements, as set forth under any of the procedure’s steps, the grievance shall be considered null and void. At this point the College shall have no obligation to schedule any grievance meetings or arbitration. 7.3.5 The time limits set forth herein may be extended provided the extension has been mutually agreed upon in writing by the parties. 7.3.6 A grievance shall not be considered unless the grievant initiates the grievance in writing no later than fifteen (15) days after the grievant knew or reasonably should have known of the action, which precipitated the grievance. 7.3.7 No reprisal or retaliation shall be taken against any person who participates in this procedure. 7.3.8 A grievant may be accompanied and represented by the Union (this provision does not authorize representation by any party asserting other than a Union representative) and the charged party may be represented by a person of the party’s choice at any hearing or meeting conducted under this procedure. 7.3.9 An employee, acting individually, may present a grievance without the intervention of the Union provided the grievance has been processed in accordance with this procedure. The grievant shall be responsible for notifying the Union in writing that a grievance is being filed. At any hearing or meeting related to a grievance brought individually by an employee, the Union shall be notified by the grievant of the hearing in advance and afforded the opportunity to be present and make its views known. CNM shall have no responsibility to notify the Union if the employee does not comply with this requirement. Any adjustment made by the College shall be consistent with the provisions of this Agreement. 7.3.10 If a grievance affects a group of two or more employees and involves a decision or action by the College, which has a departmental or College-wide impact, the Union must notify the Executive Director of Human Resources of the Union’s intent to submit the grievance on behalf of the affected employees at Level 2 of this procedure. Such notification must be in writing and must include the provision(s) of the Agreement allegedly violated, a description of the facts which led the grievant to believe there has been a violation of the Agreement, the dates and times of the incident that the grievant believes precipitated the grievance, all known witnesses, and the relief requested. Grievances which do not contain this information shall be considered null and void. The Executive Director of Human Resources shall identify the level of the grievance procedure at which the grievance may attempt to resolve be submitted. However, grievances alleging contract violations made by the problem through informal communication with ▇▇▇▇, the immediate supervisor, or their designees, must be submitted at level 1. An individual employee cannot file a grievance to assert a Union right. 7.3.11 All documents related to a grievance shall be maintained in a separate grievance file. This provision does not include documentation of disciplinary actions and/or documents that are the subject of a grievance. 7.3.12 Unless otherwise agreed to by the parties, grievances shall be processed at times other than during scheduled duty hours. 7.3.13 Except for informal decisions at ▇▇▇▇▇ ▇, all decisions shall be submitted in writing at each step of the grievance procedure and the decision shall be submitted to both the grievant and the Union. 7.3.14 Grievances shall be filed on forms approved by the parties. Emails shall be considered “in writing” for the purposes outlined in this Article. 7.3.15 The parties shall maintain confidentiality for all grievance proceedings and for documents required by law to be kept confidential. If a grievant or the Union violates this provision, this action will be a waiver by the grievant and/or Union of any confidentiality right the grievant or the Union may have which is related to the grievance. 7.3.16 The parties may agree to bypass facilitate an investigation in order to expedite the grievance process. Such investigation may include the sharing of relevant documents, facts, records and data in the possession of either party. 7.3.17 Upon agreement between the College’s Executive Director of Human Resources and the Union President, leave with pay may be granted to an employee to participate in a grievance meeting. 7.3.18 At any step stage of the grievance procedure. Step 1: , the parties may initiate a settlement proceeding as an attempt to resolve a grievance. If the informal process with the immediate supervisor fails to resolve the problemproceeding is initiated, the grievant(s) or grievance time limits will be placed on hold in writing. The proceeding shall be conducted by a representative appointed by the Union or both and one appointed by the College. If either party determines that the proceeding should be terminated, that party may formally present end the grievance settlement proceeding by submitting a notification in writing to the department supervisor who will arrange for a meeting other party of its intent to be held within ten (10) working days to review terminate the grievanceproceeding and reinstate the time limits. The Supervisor will provide reasonable notice time limits shall be reinstated upon service to the Field Representative other party of such reinstatement and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days any portion of the time limits that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice expired prior to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right parties agreement to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of toll the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1limits.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. The party asserting parties hereto acknowledge that it is usually most desirable for a grievance may attempt teacher and his/her building principal to resolve the problem problems through free and informal communication with the immediate supervisorcommunications. The parties may agree to bypass any step of the grievance procedure. Step 1: If However, if the informal process with the immediate supervisor fails to resolve satisfy the problemteacher, the grievant(s) or the Union or both may formally a grievance shall be processed as follows: A. Step One: The teacher shall present the grievance in writing to his/her building principal within ten days of the department supervisor who teacher’s knowledge of the alleged occurrence. The written grievance shall specify the term or terms of this Agreement which have allegedly been violated. The principal will arrange for a meeting with the grievant to take place within ten days after receipt of the written grievance. If possible, the meeting shall not take place during assigned duties. The grievant shall be present at the meeting with the principal, unless the grievant waives his/her right to be held within present in writing. Within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer , the grievant shall include be provided with the reasons for the decisionprincipal’s written response. B. Step 2Two: If the grievance is not resolved satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing grievant at Step One, then the grievant may appeal his/her grievance in writing to the Superintendent within 10 working ten days of after receipt of the answer from above Step 1 or, if no answer is received, within 10 working days of the time that the answer was dueOne answer. The Chief will Superintendent shall arrange with the grievant for a meeting to be held take place within 10 working ten days of such referral to review the grievanceSuperintendent’s receipt of the appeal. The Chief will provide reasonable notice to grievant shall be present at the Field Representative and meeting with the ▇▇▇▇▇▇▇ Superintendent. If possible, the meeting shall not take place during assigned duties. Within ten days of the meeting date and time. The Union shall have meeting, the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), grievant shall be provided with the Superintendent’s written response. C. Step Three: If the grievant is not satisfied with the disposition of the grievance at Step Two, the grievant may submit the grievance to final and binding arbitration to an arbitrator mutually agreed upon or the grievant(s)American Arbitration Association, with which shall act as the administrator of the proceedings. If a copy to the Union, demand for arbitration is not so filed within 10 working ten days of the meeting provided date for in this paragraph. the above Step 3: If Two answer, then the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1deemed withdrawn.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. ‌ The party asserting a A grievance may shall be handled in the following manner: 9.2.1 Step One: Within twenty (20) days of the act or omission which gave rise to the grievance, or within twenty (20) days from the date the grievant knew or reasonably should have known of the act or omission, the grievant shall attempt to resolve the problem grievance through an informal communication with the immediate supervisor. The parties may agree to bypass any step of the grievance procedure. Step 1: If the informal process conference with the immediate supervisor fails of the unit member who was directly affected by the alleged violation, misinterpretation, or misapplication of this Agreement. 9.2.2 Step Two: If the grievance is not resolved at Step One to resolve the problemgrievant’s satisfaction, the grievant(s) or the Union or both grievant may formally present the grievance in writing to the department immediate supervisor who will arrange for within five (5) days after expiration of the time period specified in Step One. The written grievance shall include the specific provision(s) of this Agreement that allegedly were violated, misinterpreted, or misapplied, a meeting to be held clear statement of all material facts on which the grievance is based, and desired remedy. The immediate supervisor shall provide the grievant with a written response within ten (10) working days to review the after receipt of a timely submitted written grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ At Step Two of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violatedprocedure, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy may elect in writing to represent himself/herself rather than have the Union within 10 working days of the meeting. The answer shall include the reasons for the decisionAssociation provide representation. 9.2.3 Step 2Three: If the grievance is not satisfactorily resolved to the grievant’s satisfaction at the preceding stepStep Two, the grievant(s) or grievant may submit the Union or both may refer it written grievance and immediate supervisor’s response, if any, to the Chief of Police by filing the grievance in writing District Superintendent within 10 working five (5) days of after receipt of the answer from immediate supervisor’s written response at Step 1 orTwo, or if no answer is receivedthe immediate supervisor fails to issue a timely response, within 10 working five (5) days after the expiration of the time that period for issuance of a written response. Within five (5) days after the answer was due. The Chief receipt of timely submitted grievance at Step Three, the Superintendent or his/her designee will arrange for a meeting meet with the grievant in an attempt to be held within 10 working days of such referral to review resolve the grievance. The Chief will Within ten (10) days after the meeting, the Superintendent shall provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent grievant with a written response to the grievance. A written answer. 9.2.4 Step Four: Mediation 9.2.4.1 If the grievant is not satisfied with the disposition of the grievance, including reason(s), shall be provided or if no disposition has occurred pursuant to the grievant(s)provisions of Step Four, with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it be referred to the Vice President for Administrative Affairs, or designee, by filing the same in writing grievance mediation within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time Governing Board’s decision. 9.2.4.2 The grievant may request that a conciliator/mediator from the answer was due. The Vice President California State Mediation/Conciliation Service, or designee will arrange for a meeting from any other mutually agreeable recognized dispute resolution center, be assigned to be held within 15 working days assist the parties in the resolution of such referral to review the grievance. . 9.2.4.3 The Vice President will provide reasonable notice to mediator, shall meet with the Field Representative grievant, the Association and the ▇▇▇▇▇▇▇ District for the purpose of resolving the grievance. 9.2.4.4 If an agreement is reached, the agreement shall be reduced to writing and shall be signed by the grievant, the Association and the District. This agreement shall be non-precedential and shall constitute a settlement of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. . 9.2.4.5 If the grievance arises from a decision or action at the Vice President’s levelan agreement is not reached, the grievance may be initiated at Association and District proceed to Step 3, provided it is filed within the time limit prescribed in Step 1Five.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. 7.3.1 The number of days indicated at each level of this procedure shall be considered maximum and every effort shall be made to expedite the process. 7.3.2 Grievance proceedings shall not be conducted in accordance with the rules of civil procedure. 7.3.3 If the College fails to comply in writing or with its time limit requirements as set forth under any of the procedure steps, the grievance shall be considered automatically appealed to the next level of the procedure. 7.3.4 If the grievant fails to comply with the grievant’s time limit requirements, as set forth under any of the procedure’s steps, the grievance shall be considered null and void. 7.3.5 The time limits set forth herein may be extended provided the extension has been mutually agreed upon in writing by the parties. 7.3.6 A grievance shall not be considered unless the grievant initiates the grievance no later than twenty 20 days after the grievant knew or reasonably should have known of the alleged violation that precipitated the grievance. 7.3.7 No reprisal or retaliation shall be taken against any person who participates in this procedure. 7.3.8 A grievant may be accompanied and represented by one Union representative and the charged-party asserting may be represented by a person of the charged-party’s choice at any hearing or meeting conducted under this procedure. 7.3.9 An employee, acting individually, may present a grievance may attempt without the intervention of the Union, provided the grievance has been processed in accordance with this procedure. The grievant shall be responsible for notifying the Union in writing that a grievance is being filed. At any hearing or meeting related to resolve a grievance brought individually by an employee, the problem through informal communication Union shall be notified by the grievant of the hearing in advance and afforded the opportunity to be present and make its views known. Any adjustment made shall be consistent with the immediate supervisorprovisions of this Agreement. 7.3.10 All documents related to a grievance shall be maintained in a separate grievance file. The parties may agree to bypass any This provision does not include disciplinary actions and/or documents that are the subject of a grievance. 7.3.11 Grievances shall be processed at times other than during an employee’s scheduled class time or times when there is a school or department meeting or an Academic Affairs or College-wide meeting where attendance is mandatory. 7.3.12 All decisions shall be submitted in writing at each step of the grievance procedureprocedure and the decision shall be submitted to both the grievant and the Union. Step 1: 7.3.13 Grievances shall be filed on forms provided by the College – and shall be attached hereto. 7.3.14 The parties shall maintain confidentiality for all grievance proceedings and for documents required by law to be kept confidential. If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) a grievant or the Union violates this provision, this action will be a waiver by the grievant or both Union of any confidentiality right the grievant may formally present the grievance in writing to the department supervisor who will arrange for a meeting to be held within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which that is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise related to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it 7.3.15 The parties to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within mutually agree to toll the procedure’s time limit prescribed limits in Step 1accordance with sub-paragraph 7.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. The party asserting parties acknowledge that it is usually most desirable for an employee and the employee’s immediate involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the Association, a grievance may attempt to resolve the problem through informal communication with the immediate supervisor. be processed as follows: a. Step I – The parties may agree to bypass any step of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) employee or the Union or both Association may formally present the grievance in writing to the department supervisor who building principal within ten (10) days of the event. The building principal will arrange for a meeting to be held take place within ten (10) working days to review after receipt of the grievance. The Supervisor will provide reasonable notice to Association’s representative, the Field Representative grievant, and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step principal shall be within ten present for the meeting. Within five (105) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer , the grievant and the Association shall include be provided with the principal’s written response, including the reasons for the decision. b. Step 2: II – If the grievance is not satisfactorily resolved at Step I, then the preceding step, the grievant(s) grievant or the Union or both Association Representative may refer it the grievance to the Chief of Police by filing Superintendent or his assignee with ten (10) days after the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was dueI answer. The Chief will Superintendent shall arrange with the grievant or the Association representative for a meeting to be held take place within 10 working five (5) days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ Superintendent’s receipt of the meeting date and timeappeal. The Union Each party shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievancerepresentation. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within Within ten (10) working days of the meeting, the Association shall be provided with the Superintendent’s receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was dueappeal. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union Each party shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievancerepresentation. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within Within ten (10) working days of the meeting meeting, the Association shall be provided with the Superintendent’s written response, including the reasons for in this paragraphthe decision. c. Step III – If the association is not satisfied with the disposition of the grievance at Step II, the Association may submit the grievance to final and binding arbitration through the American Arbitration Association which shall act as the administrator of the proceedings. If a demand for arbitration is not filed within thirty (30) days of the date for the Step II answer, then the grievance arises from a decision shall be deemed withdrawn. 1. Neither the Board nor the Association shall be permitted to assert any grounds or action at evidence before the Vice President’s level, arbitrator which was not previously disclosed to the grievance may other party. 2. The arbitrator shall have no power to alter the terms of this agreement. 3. The fees and the expenses of the arbitrator shall be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1shared equally.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. 17.3.1 The party asserting a grievance may attempt number of days indicated at each level of this procedure shall be considered maximum and every effort shall be made to resolve expedite the problem through process. 17.3.2 Grievance proceedings shall be kept informal communication with the immediate supervisor. The parties may agree to bypass any step at all levels of the grievance this procedure. Step 1: 17.3.3 If the informal process College fails to comply in writing or with its time limit requirements as set forth under any of the procedure steps, the grievance shall be considered automatically appealed to the next level of the procedure. 17.3.4 If the grievant fails to comply with the immediate supervisor fails to resolve grievant’s time limit requirements as set forth under any of the problemprocedure’s steps, the grievant(s) or grievance shall be considered null and void. 17.3.5 The time limits set forth herein may be extended provided the Union or both may formally present extension has been mutually agreed upon in writing by the parties. 17.3.6 A grievance shall not be considered unless the grievant initiates the grievance in writing to the department supervisor who will arrange for a meeting to be held within no later than ten (10) working days to review after the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ grievant knew or reasonably should have known of the meeting date action which precipitated the grievance and time. The formal written grievance shall clearly identify all provisions contains, at a minimum, what contractual provision(s) of this Agreement which are collective bargaining agreement is alleged to have been violated, and describe the remedy which is being sought. The filing of facts constituting the formal written grievance at this step shall be within ten (10) working days of alleged violation, the date of the occurrence incident giving rise to the grievance, grievance and the relief requested. 17.3.7 No reprisal or within ten (10) working days of when retaliation shall be taken against any person who participates in this procedure. 17.3.8 A grievant may be accompanied and represented by the employee or Union and the Union, through the use of reasonable diligence, should reasonably have known charged party may be represented by a person of the occurrence party’s choice at any hearing or meeting conducted under this procedure. 17.3.9 The parties agree to make good faith efforts to exchange information in order to expedite the process. 17.3.10 An employee, acting individually, may present a grievance without the intervention of the event giving rise to Union provided the grievancegrievance has been processed in accordance with this procedure. The supervisor grievant shall provide be responsible for notifying the Union in writing that a written answer grievance is being filed. At any hearing or meeting related to a grievance brought individually by an employee, the Union shall be notified by the grievant of the hearing in advance and afforded the opportunity to be present and make its views known. Any adjustment made shall be consistent with the provisions of this Agreement. 17.3.11 If a copy to grievance affects a group of two or more employees or involves a decision or action by the College which has a departmental or College- wide impact, the Union within 10 working days may submit the grievance on behalf of the meetingaffected employees at Level 2 of this procedure. The answer shall include parties may submit this grievance at Level 1 if the reasons for affected employees have the decisionsame supervisor. Step 2: If 17.3.12 All documents related to a grievance shall be maintained in a separate grievance file. This provision does not include disciplinary actions and/or documents that are the grievance is not satisfactorily resolved subject of a grievance. 17.3.13 Unless otherwise agreed to by the parties, grievances shall be processed at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange times other than during scheduled workload hours. 17.3.14 Except for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇informal decisions at ▇▇▇▇▇ ▇, all decisions shall be submitted in writing at each step of the meeting date grievance procedure and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), decision shall be provided submitted to both the grievant(s), with a copy to grievant and the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If 17.3.15 Grievances shall be filed on forms approved by the parties. 17.3.16 The parties shall maintain confidentiality for all grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President proceedings and for Administrative Affairs, or designee, documents required by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting law to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1kept confidential.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. ‌ The party asserting a grievance may attempt Step #1 — Every reasonable effort shall be made to resolve the problem any potential grievance through informal communication with the immediate supervisor. The parties may agree to bypass any step of the grievance procedure. Step 1: If the informal process discussion with the immediate supervisor fails to and/or administrator whose determination or conduct is in question. If such informal discussion shall not resolve the problemissue and a formal grievance shall thereafter be filed, such discussion including any efforts to compromise the issue shall be treated in a confidential manner. Step #2 — If the grievance cannot be resolved informally, the grievant(s) or the Union or both aggrieved may formally present file the grievance in writing with his/her principal. The Step #3 — In the event a grievance has not been satisfactorily resolved at the second step, the aggrieved employee shall file, within seven (7) days, of the principal's written decision or answer at the second step, a copy of the grievance with the Superintendent. Within seven (7) days after such written grievance is filed, the aggrieved, representative of the aggrieved as desired, the principal and the Superintendent or his designee, shall meet to the department supervisor who will arrange for a meeting to be held within ten (10) working days to review resolve the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance Superintendent or his designee shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be file an answer within ten seven (107) working days of the date of the occurrence giving rise third step grievance meeting and communicate it in writing to the grievanceemployee, or within ten (10) working days of when the employee or principal, and the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievanceAssociation. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: #4 — If the grievance is not satisfactorily resolved at the preceding stepsatisfactorily, the grievant(s) or the Union or both Association may refer it the grievance to arbitration by giving written notice to the Chief of Police by filing the grievance in writing Superintendent within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working fifteen (15) days of the time that the answer was dueStep #3 answer. The Chief will arrange for a meeting arbitrator shall be selected from panel(s) to be held within 10 working days secured from the American Arbitration Association which shall act as administrator of such referral to review the grievanceproceedings. The Chief will provide reasonable notice parties may by mutual agreement submit more than one grievance to the Field Representative and same arbitrator. The arbitrator shall have no right or authority to amend, modify, nullify, ignore, add to, or subtract from the ▇▇▇▇▇▇▇ provisions of this agreement. The arbitrator’s decision must be based solely upon his/her interpretation of the meeting date and timemeaning or application of the express relevant provision of this Agreement. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), arbitrator's decision shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraphbinding. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. ‌ The party asserting Parties hereto acknowledge that it is usually most desirable for an employee and the immediately involved supervisor to resolve problems through free and informal communications. If, however, such informal processes fail to satisfy the teacher, a grievance may attempt be processed as follows: A. The grievant shall present the grievance in writing within twenty-two (22) days of occurrence of the event giving rise to resolve the problem through informal communication grievance, (or within 22 days from the date the teacher has knowledge of the event giving rise to the grievance), specifying the article and clause alleged to have been violated and stating the remedy sought to the Principal. The Principal shall provide a written answer to the grievance of the aggrieved teacher with ten (10) days after the receipt of the grievance. B. If the grievance is not resolved at Step A, the aggrieved may refer the grievance to the Superintendent or official designee within ten (10) days after the receipt of the Step A answer. The Superintendent shall arrange for a meeting to take place with ten (10) days of the receipt of the appeal. Within ten (10) days of the meeting, the grievant shall be provided with the immediate supervisorSuperintendent’s written response. C. If the grievant is not satisfied with the answer at Step B, the grievant may submit the grievance to the Board of Education within ten (10) days to be discussed at the next regular Board meeting. Within ten (10) days of the meeting, the grievant shall be provided with the Board’s written response, including the reasons for the Boards’ decision. a. The parties grievant may agree request a closed hearing. b. Neither the Board not the Grievant shall be permitted to bypass assert any step grounds or evidence, which was not disclosed to the other part forty-eight (48) hours previously. c. If the Association is not satisfied with the disposition of the grievance at Step C, or the time limits expire without the issuance of the Board’s written reply, the Association my submit the grievance to final and binding arbitration under the Voluntary Arbitration Rules of the American Arbitration Association, which shall act as administrator of the proceedings. i. The arbitrator, in to the 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 Association, and his decision must be based solely upon his interpretation of the meaning or application of the express relevant language of the Agreement this opinion, shall not amend, modify, nullify, ignore, or add. ii. Each party shall bear the full costs for its representation in the grievance procedure. Step 1: iii. If either party requests a transcript of the informal process with proceedings, that party shall bear the immediate supervisor fails to resolve the problemfull costs for that transcript. If both parties order a transcript, the grievant(scost of the two (2) or transcripts shall be divided equally between the Union or both may formally present the grievance in writing to the department supervisor who will arrange for a meeting to be held within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative Board and the Association. iv. Each party shall share equally the cost of the arbitrator and A.A.A. ▇. ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee teacher or the Union, through Association to act on a grievance within the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise prescribed time limits will bar any further appeal. An Administrator’s failure to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from give a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed limits shall permit the grievance to proceed to the next step. B. Any investigation, handling or processing of any grievance by the grievant shall be conducted so that the instructional programs and related work activities of the grievant or the teaching staff shall not be interrupted. C. Step A of the grievance procedure may be bypassed and the grievance brought directly to Step B if mutually agreed upon by the employee and the Superintendent. D. Class grievances involving one (1) or more teachers or one (1) or more supervisors and grievances involving administrators above the building level may be initially filed by the Association at Step B. E. The Board acknowledges the right of the teachers to have a local Association representative present, if the grievant requests one, at Step A and B, and any Association representative, if the grievant requests on, at Step C. No teacher shall be required to discuss any grievance if the Association representative is not present, if one is requested. ▇. ▇▇ reprisals shall be taken by the Board or Administration against a teacher because of his/her participation in Step 1a grievance. G. With the Superintendent’s approval, the Grievant and the local representative may be released from his/her assignment with loss of pay or benefits to attend meetings specified in Section 10.2.

Appears in 2 contracts

Sources: Teacher Contract, Teacher Contract

Procedures. ‌ The party asserting a grievance may A. First Step An attempt will be made to resolve any grievance in informal, verbal discussion between the problem through informal communication with the grievant and his/her immediate supervisorsuperior. The parties grievant may agree to bypass any this first step of if he/she chooses. B. Second Step If the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problemcannot be resolved informally, the grievant(s) or the Union or both may formally present grievant will file the grievance in writing to the department supervisor who will arrange for a meeting to be held and within ten (10) working days after receipt of the written grievance, the principal will meet with the grievant to review discuss the matter. The written grievance will state the nature of the grievance. The Supervisor , will provide reasonable notice to note the Field Representative and the ▇▇▇▇▇▇▇ clause or clauses of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been allegedly violated, and describe will state the remedy which is being soughtrequested. The filing of the formal written grievance at this the second step shall must be within ten twenty (1020) working days of from the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide principal or other administrator who has authority to make a written answer decision about the grievance will make such decision and communicate it in writing to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing Superintendent within ten (10) working days of receipt of days. The grievant, upon request to the answer from Association, may have a local Association building representative present. C. Third Step In the Chief orevent a grievance has not been satisfactorily resolved at the Second Step, if no answer is receivedthe grievant will file, within ten (10) working school days of the time that principal's written decision or answer at the answer was dueSecond Step, a copy of the grievance with the Superintendent. The Vice President or designee grievant will arrange for send a meeting to be held within 15 working days copy of such referral grievance to review the Association President. Within ten (10) days after such written grievance is filed, the grievant, a representative of the grievant (should a representative be requested by the grievant), the principal, and the Superintendent (or designee), will meet to resolve the grievance. The Vice President Superintendent (or designee) will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union file an answer within ten (10) working days of the third step grievance meeting provided for and communicate it in this paragraphwriting to the grievant, the principal, and the Association President. D. Fourth Step If the Association is not satisfied with the Superintendent’s answer at Step Three, or if the time limits expire without the issuance of the Superintendent’s written reply, then the Association may submit the grievance to final and binding arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association (AAA), which will act as the administrator of the proceedings. If a demand for arbitration is not filed within thirty (30) days of the date of the Superintendent’s answer at Step Three, then the grievance arises from will be deemed withdrawn. 1. The arbitrator, in his opinion, will not amend, modify, nullify, ignore, or add to the provision of the Agreement. His/Her authority will be strictly limited to deciding only the issue or issues presented to him/her in writing by the School Board and the Association, and his/her decision must be based solely upon his/her interpretation of the meaning or application of the express relevant language of the Agreement. 2. Each party will bear the full costs for its representation in the arbitration. The cost of the arbitrator and the AAA will be divided equally between the Board and the Association. 3. If either party requests a decision or action at transcript of the Vice President’s levelproceedings, that party will bear the full costs of that transcript. If both parties order a transcript, the grievance may cost of the two transcripts will be initiated at Step 3, provided it is filed within divided equally between the time limit prescribed in Step 1Board and the Association.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. The party asserting parties hereto acknowledge that it is usually most desirable for a teacher and the teacher’s immediately involved supervisor to resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may attempt to resolve be processed as follows: STEP 1 In the event a problem through informal communication with the immediate supervisor. The parties may agree to bypass any step of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problemcannot be resolved informally, the grievant(sgrievant shall file a grievance within thirty (30) or the Union or both may formally present the grievance in writing to the department supervisor who will arrange for a meeting to be held within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer , or the grievant’s knowledge of the same, whichever is later, in writing, to the immediately involved supervisor, who shall arrange for a meeting to take place within six (6) days of the receipt of the grievance. This meeting shall include the grievant with a copy to the Union within 10 working and immediate supervisor and may include an Association representative. Within six (6) days of the meeting, the grievant shall be provided with the supervisor’s written response, including the reasons for the decisions. STEP 2 If the grievance is not resolved in Step 1, then the grievant may refer the grievance to the superintendent within six (6) days after the receipt of the Step 1 answer. The answer superintendent shall arrange with the grievant for a meeting to take place within six (6) days of the superintendent’s receipt of the appeal. Such meeting shall include the grievant and the superintendent and may include the Association representative. Within six (6) days of the meeting, the grievant shall be provided with the superintendent’s written response, including the reasons for the decision. Step 2: STEP 3 If the grievance grievant is not satisfactorily resolved at satisfied with the preceding step, the grievant(s) or the Union or both may refer it to the Chief disposition of Police by filing the grievance in writing within 10 working days of receipt Step 2, then the grievant may request the Association to submit the grievance to final and binding arbitration through the American Arbitration Association, which shall act as the administrator of the answer from Step 1 or, if no answer proceedings. If a demand for arbitration is received, not filed within 10 working thirty (30) days of the time that date for the answer was dueStep 2 answer, then the grievance shall be deemed withdrawn. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union arbitrator shall have no power over the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days terms of the meeting provided for in this paragraphAgreement. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. ‌ The party asserting a grievance may 1. First Step: An attempt will be made to resolve any grievance in informal, verbal discussion between complainant, accompanied by an Association representative if requested by the problem through informal communication with the complainant, and his/her immediate supervisorsuperior. The parties may agree to bypass any step Association will be informed by the administration of the grievance procedureoutcome achieved at this step. Step 12. Second Step: If the informal process with the immediate supervisor fails to resolve the problemgrievance cannot be resolved informally, the grievant(s) or the Union or both may formally present will file the grievance in writing to with the department supervisor who will arrange for a meeting to be held within principal. Within ten (10) working days after such written grievance is filed, the aggrieved, representative of the aggrieved as desired, and the principal will meet to review resolve the grievance. The Supervisor will provide reasonable notice to written grievance must state the Field Representative and the ▇▇▇▇▇▇▇ nature of the meeting date and time. The formal written grievance shall clearly identify all provisions grievance, note the specific clause or clauses of this the Agreement which are alleged to have been allegedly violated, and describe state the remedy which is being soughtrequested. Any grievance filed by the Association or a group of teachers must specifically state by name each teacher included within the grievance, the nature of the grievance and the remedy sought for each such teacher at the Step 2 meeting. The filing of the formal written grievance at this the second step shall must be within ten twenty-five (1025) working days of from the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer , except for grievances pertaining to the grievant with a copy to the Union payroll which must be filed within 10 working thirty-five (35) days of the meetingreceipt of the initial paycheck involved in the grievance. The answer shall include principal or other administrator who has authority to make a decision on the grievance will make such decision and communicate it in writing to the teacher(s) and the Superintendent within ten (10) days of the second step meeting, with a summary of reasons for the decision. Step 23. Third Step: If In the event a grievance is has not been satisfactorily resolved at the preceding second step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is receivedfile, within ten (10) working days of the time that principal’s written decision or answer at the answer was duesecond step, a copy of the grievance with the Superintendent. The Vice President Within ten (10) days after such written grievance is filed, the aggrieved, representative of the aggrieved as desired, the principal and the Superintendent or designee designee, will arrange for a meeting meet to be held within 15 working days of such referral to review resolve the grievance. The Vice President Superintendent, or designee, will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union file an answer within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1.ten

Appears in 2 contracts

Sources: Professional Negotiations Agreement, Professional Negotiations Agreement

Procedures. The party asserting parties hereto acknowledge that it is usually most desirable for an employee and the employee's immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, a local association member may accompany the employee to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the Association, a grievance may attempt to resolve the problem through informal communication with the immediate supervisor. be processed as follows: 3.2.1 Step I - The parties may agree to bypass any step of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally present the grievance must be presented in writing to the department supervisor who will arrange for a meeting to be held within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violatedimmediately involved supervisor, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence event giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief who will arrange for a meeting to be held take place within 10 five (5) working days after the receipt of such referral to review the grievance. The Chief will provide reasonable notice Association's representative (optional), the grievant, and the immediately involved supervisor shall be present for the meeting. Within five (5) working days of the meeting, the grievant and the Association shall be provided with the supervisor's written response, including the reason(s) for the decision. 3.2.2 Step II - If the grievance is not resolved at Step I, then the employee, or the Association, may refer the grievance to the Field Representative and Superintendent or the ▇▇▇▇▇▇▇ Superintendent's official designee within five (5) working days after receipt of the meeting date and timeStep I answer. The Union Superintendent shall arrange with the Association representative for a meeting to take place within five (5) working days of the Superintendent's receipt of the appeal. Each party shall have the right to include in its presentation representation such witnesses and materials counselors as it deems necessary to develop facts pertinent to the grievancenecessary. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten Within five (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (105) working days of the time that meeting, the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), Association shall be provided with the Superintendent's written response, including the reason(s) for the decision. 3.2.3 Step III - If the Association is not satisfied with the disposition of the grievance at Step II, the Association may submit the grievance to the grievant(s) with a copy to the Union within Panhandle Community Unit District #2 Board of Education. The Board will have ten (10) working calendar days to resolve the grievance. 3.2.4 Step IV - If the Association is not satisfied with disposition of the grievance at Step III, the Association may submit the grievance to final and binding arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association. The parties may use AAA, FMCS, or a mutual selection to determine an arbitrator. If a demand for arbitration is not filed within thirty (30) calendar days of the meeting provided date for in this paragraph. If the Step III answer, then the grievance arises from a decision shall be deemed withdrawn. 3.2.4.1 Neither the Board of Education nor the Association shall be permitted to assert any grounds or action at evidence before the Vice President’s level, arbitrator which has not previously been disclosed to the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1other party.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. The party asserting parties acknowledge that a teacher and an Administrator may resolve problems through free and informal communications. The informal disposition of problems in no way prohibits the Association from filing a grievance may attempt to resolve the problem through informal communication with the immediate supervisornor does it establish a precedent. The parties may agree to bypass any step of the However, a grievance procedure.shall be processed as follows: Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally I. The grievant shall present the grievance in writing writing, signed, dated and specifying the remedy sought to the department supervisor who immediately involved administrator within ten (10) days of the occurrence, or date the grievant had knowledge of the occurrence, whichever is later, stating the Article and Section of the Agreement alleged to have been violated. The administrator will arrange for a meeting to be held take place within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise receipt to the grievance. The supervisor Association's representative, the grievant, and the immediately involved administrator shall provide a written answer to be present for the grievant with a copy to the Union within 10 working meeting. Within ten (10) days of the meeting. The answer , the grievant and the Association shall include be provided with the Administrator's written response, including the reasons for the decision. Step 2: II. If the grievance is not satisfactorily resolved at Step I, then the preceding step, Association shall refer the grievant(s) grievance to the Superintendent or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing Superintendent's official designee within ten (10) working days of after receipt of the answer from Step I answer. The Superintendent shall arrange with the Chief or, if no answer is received, Association's representative for a meeting to take place within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ Superintendent's receipt of the meeting date and timeappeal. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within Within ten (10) working days of the meeting meeting, the Association shall be provided with the Superintendent's written response, including the reasons for in this paragraphthe decision. Step III. If the Association is not satisfied with the disposition of the grievance arises from a decision or action at the Vice President’s levelStep II, the Association may submit the grievance to binding arbitration with the American Arbitration Association, which shall act as the Administrator of the proceedings. If a demand for arbitration is not filed with the Board within thirty (30) days of the date of the Step II answer, then the grievance shall be deemed withdrawn. a. Neither the Board nor the grievant shall be permitted to assert any grounds or evidence before the arbitrator, which was not previously disclosed to the other party. b. The arbitrator shall have no power to alter the terms of this agreement. c. Each party shall bear the full costs for its representation in the grievance procedure. d. The fees and the expenses of the arbitrator shall be shared equally by the parties. e. If only one party requests the presence of a court reporter, that party shall bear the cost of the reporter. If both parties request a court reporter, they shall share the costs. f. If only one party requests the postponement of an arbitration hearing, that party shall bear the cost of such postponement. Step IV. The arbitrator's decision within thirty (30) days of the date of his written decision with the findings of fact and conclusions of law may be initiated at Step 3, provided it is filed within appealed to the time limit prescribed in Step 1Circuit Court of Clinton County.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures. The party asserting parties acknowledge that it is usually most desirable for an employee and his immediately involved supervisor to resolve problems through free and informal communications. An attempt shall be made to resolve any grievance informally, through verbal discussion between the complainant and his immediate supervisor or other administrator having direct jurisdiction over the problem. When requested by the employee, a representative may accompany the employee to assist the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the Association, a grievance may attempt to resolve the problem through informal communication with the immediate supervisor. The parties may agree to bypass any step of the grievance procedure.be processed as follows: Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) The employee or the Union or both may formally Association shall present the grievance in writing on the required form to the department immediately involved supervisor who will [a copy is in Appendix A]. The immediately involved supervisor shall arrange for a meeting to be held take place within ten five (105) working days to review after the receipt of the grievance. The Supervisor will provide reasonable notice to grievant, his or her representative, the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violatedimmediately involved supervisor, and describe the remedy which is being sought. The filing of the formal written grievance at this step a district representative shall be within ten present for the meeting. Within five (105) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer , the grievant and the Association shall include be provided with the supervisor’s written response on the required form, including the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved to the satisfaction of the grievant at the preceding stepStep 1, the grievant(s) or the Union or both grievant may refer it the grievance to the Chief Director of Police by filing Schools within five (5) days after the grievance in writing within 10 working days of receipt of the answer from Step 1 orresponse or within ten (10) days after the Step 1 meeting, if no answer whichever is received, within 10 working days of the time that the answer was duelater. The Chief will Director shall arrange for a meeting to be held take place within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ five (5) davs of the meeting date and timeDirector’s receipt of the appeal. The Union Each party shall have the right to include in its presentation representation such witnesses and materials counselors as it deems necessary to develop facts pertinent to necessary. Within ten (10) davs after the grievance. A written answermeeting, including reason(s), the grievant shall be provided to with the grievant(s)Director’s written response, with a copy to including the Union, within 10 working days of reasons for the meeting provided for in this paragraphdecision. Step 3: If the grievance is not satisfactorily resolved at Step 2 or the preceding steptime limits expire without the issuance of the Director’s written reply, the grievant(s)grievant may request a review by the Board of Education within seven (7) days after the employee receives the written decision or within ten (10) days after the time limits for Step 2 have expired. This request shall be made in writing through the Director of Schools, or who shall attach all related documents and forward the Unionrequest to each member of the Board. The board, or bothwith counsel, may refer it to shall review the Vice President for Administrative Affairs, or designee, by filing grievance at a closed work session with the same employee and representation. The Board shall render a decision in writing within ten (10) working days of the grievance review. Copies of the decision of the Board of Education shall be sent to the aggrieved employee, to the Director of Schools, and to the Association. Step 4: If the grievant is not satisfied with the disposition of the grievance at Step 4 or the time limits expire without the issuance of the Board’s written reply, the grievant may submit the grievance to an arbitrator selected from a list provided by the American Arbitration Association (AAA). Adopted by the Claiborne County Board of Education, the arbitration request and arbitrator selection shall comply with the Labor Arbitration Rules of the AAA. The Board and grievant shall share the fees and expenses of arbitration equally. The decision of the arbitrator shall be advisor only, but will be adopted unless specifically rejected by a majority of the total membership of the Board within thirty (30) days of receipt or the scheduling of a regular board meeting, whichever occurs first. Notification of rejection or adoption must be written, stating the date of consideration and the vote of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1Board.

Appears in 2 contracts

Sources: Memorandum of Understanding, Memorandum of Understanding

Procedures. ‌ The party asserting A. In the event that a grievant believes there is a basis for a grievance, the grievant may first discuss the alleged grievance with his/her principal or other appropriate supervisor either personally or accompanied by his/her Association representative. B. Any employee may attempt present his/her grievance to resolve the problem through informal communication District and have such grievance adjusted without the intervention of the Association, as long as the Association has been given an opportunity to be present at that adjustment and to make its views known, and as long as the adjustment is not inconsistent with the immediate supervisorterms of this Agreement. C. If the grievance is not resolved in A or B above, formal grievance procedures may be instituted. STEP 1. The parties grievant may agree to bypass any step 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 procedureform shall be delivered to the principal or appropriate supervisor. If the grievance involves more than one (1) school building, it may be filed with the Superintendent or a representative designated by the Superintendent. A grievance must be filed within twenty (20) days of the occurrence or knowledge of the event of which he/she complains. Step 1: STEP 2. If the informal process grievant is not satisfied with the immediate supervisor fails to resolve disposition of the problemgrievance, the grievant(sgrievance shall be transmitted to the Superintendent within five (5) days. Within ten (10) days upon receipt the Superintendent or acting superintendent shall meet with the Union or both may formally present grievant and his/her Association representative on the grievance and shall indicate his/her disposition of the grievance in writing within five (5) days of such meeting, and shall furnish a copy thereof to the department supervisor who will arrange for grievant(s) and to the Association. STEP 3. If the grievant is not satisfied with the disposition of the grievance by the superintendent, the grievance shall be transmitted to the Chairman of the School Board within five (5) days. Within ten (10) days upon receipt the Board shall meet with the grievant and his/her Association representative on the grievance and shall indicate the disposition of the grievance in writing within five (5) days of such meeting, and shall furnish a meeting copy thereof to the grievant(s) and to the Association. STEP 4. If the grievant is not satisfied with the disposition of the grievance by the Board, the grievance, only at the option of the Association, may be held submitted before an impartial arbitrator. The Association shall exercise its rights of arbitration by giving the Superintendent written notice of its intention to arbitrate within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days written disposition of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraphBoard. If the grievance arises parties cannot agree to the arbitrator within five (5) days from a decision or action at the Vice President’s levelnotification date that arbitration will be pursued, the grievance may arbitrator shall be initiated selected by the American Arbitration Association in accordance with its rules, which rules shall likewise govern the arbitration proceeding. The parties shall not be permitted to assert in such arbitration proceeding any ground rule or to rely on any evidence not presented at Step 3, provided it is filed within an earlier step. The decision of the time limit prescribed in Step 1arbitrator shall be final and binding upon both parties.

Appears in 2 contracts

Sources: Collective Bargained Agreement, Collective Bargained Agreement

Procedures. ‌ The party asserting a grievance may attempt 9.4.1 Step 1 Every effort shall be made to resolve grievances or potential grievances through free and informal communications between the problem through informal communication with the grievant and his immediate administrative supervisor. The parties may agree However, if such informal processes fail to bypass any step provide an acceptable adjustment of the grievance proceduregrievance, the grievant may proceed to Step 2. 9.4.2 Step 1: If the informal process with the immediate supervisor fails to resolve the problem2 The grievant or, at his request, the grievant(sAssociation on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) or the Union or both may formally present the grievance in writing to the department grievant's immediate administrative supervisor who will shall arrange for a meeting to be held take place within ten four (104) working days to review after receipt of the grievanceform. The Supervisor will provide reasonable notice grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the Field Representative meeting. In addition, both the supervisor and the ▇▇▇▇▇▇▇ grievant may have present, others who might contribute to a better understanding of the meeting date facts and time. The formal written grievance shall clearly identify all provisions issues or otherwise contribute to an acceptable adjustment of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide the grievant and recognized employee organization with a written answer response (Appendix 5) to the grievant with a copy to the Union Grievance Review Request Form within 10 working four (4) days of after the meeting. The answer shall include the reasons for the decision. 9.4.3 Step 2: 3 If the grievance is not satisfactorily resolved adjusted at the preceding step, the grievant(s) or the Union or both may refer it Step 2 to the Chief of Police by filing the grievance in writing within 10 working days of receipt satisfaction of the answer from Step 1 orgrievant, if no answer is received, within 10 working days of then the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s)grievant, or the Union, or bothAssociation acting on his behalf, may refer it the grievance to the Vice President for Administrative Affairs, or designee, by filing Superintendent no later than eight (8) days after the same meeting prescribed in writing within ten (10) working days of receipt Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the answer from Association, unless the Chief or, if no answer is receivedAssociation or the employee waives its right to have representatives attend the meeting, within ten (10) working days after the grievance has been referred to him. Both the 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance at Step 3 or if the Superintendent has not provided a written decision within the time that prescribed in Step 3, then the answer was duegrievant, or the Association acting on his behalf, may request a meeting with the Board. The Vice President or designee will arrange Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting to be held within 15 working days of such referral to review with the grievance. The Vice President will provide reasonable notice Board is not delivered to the Field Representative and the ▇▇▇▇▇▇▇ of Superintendent with thirty (30) days after the meeting date and time. The Union shall have the right to include prescribed in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s levelStep 3 is held, the grievance may shall be initiated at Step 3, provided it is filed deemed withdrawn. The Board shall meet within the time limit prescribed in Step 1.ten

Appears in 2 contracts

Sources: Negotiated Agreement, Negotiated Agreement

Procedures. The party asserting a grievance may attempt to resolve the problem through informal communication with the immediate supervisor. The parties may agree to bypass any step of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally present the grievance in writing to the department supervisor who will arrange for a meeting to be held within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of Education Association designates the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe Association President or his/her designee as the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, local agent responsible for processing grievances through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decisionLevel Three. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief 1. LEVEL ONE - A teacher– group of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s)teachers, or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is receivedAssociation believing that there has been a violation shall, within ten (10) working school days of its alleged occurrence, orally discuss the time that grievances with the answer was duebuilding Principal and the representative of the Association in an attempt to resolve the matter. The Vice President If no resolution is obtained within five (5) school days following the discussion, the grievant shall express the grievance in writing and process in accordance with Level Two. 2. LEVEL TWO - If the meeting is with the school principal and the parties cannot agree, the grievance shall promptly be transmitted to the Superintendent who shall have five (5) school days thereafter to approve or designee will arrange for a meeting to be held within 15 working days of such referral to review disapprove the grievance. The Vice President will provide reasonable notice If the grievance is transmitted directly to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union Superintendent, he/she shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working school days of from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the meeting provided for in this paragraphSuperintendent. If the grievance arises from a shall be denied by the Superintendent, either upon review of the action of the school principal or in the first instance, the Superintendent shall answer the grievance in writing and the grievance with the answer shall be transmitted to the Association. 3. LEVEL THREE - If the decision or action at of the Vice President’s levelSuperintendent is not satisfactory to the Association, the grievance may be initiated submitted within twenty (20) school days to arbitration before an impartial arbitrator selected by the parties. a. The arbitrator shall be selected by the American Arbitration Association in accord with its rules which shall likewise govern the Arbitration hearing. The Board and Association shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the Board and to the Association. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction where such award does not conflict with or deny the powers and duties of the Board granted by Legislative Act. b. If any teachers for whom a grievance is sustained shall be found to have been improperly reprimanded or improperly deprived of a position, or unjustly discharged, the arbitrator will have authority to reinstate the teacher, with full reimbursement for all compensation lost. The costs of any arbitration under this article shall be shared equally by the Board and the Association. c. It is expressly understood that the grievance procedure shall not apply to those matters from which statute authorizes specific remedy, such as the Tenure Teacher Act. d. It is understood that the time limits are maximum and can be extended with the written mutual consent of both parties. Both parties should be encouraged to process a grievance as rapidly as possible and within the limits and procedure as set forth herein. If the administration at Step 3any step fails to respond in a timely manner, provided it the grievance will be considered denied and may be moved to the next level. Failure of the grievant to meet any time limits will result in the grievance being considered as withdrawn. e. In the event a grievance is filed within after May 1st of any year and strict adherence to the time limit prescribed limits may result in Step 1hardship of any party, the Superintendent shall use his/her best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. If the grievance is processed to arbitration, the parties may submit the grievance to expedited arbitration under the rules of the American Arbitration Association.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

Procedures. The party asserting following procedures are to be followed: 1. The grievant will make the written complaint to a grievance may building representative from the Grievance Committee. A building representative will, through free and informal communications, attempt to resolve the problem through informal communication with problem. This would take place during the immediate supervisorfive (5) business day period before the grievance proceeds to step two. 2. The parties grievant and/or representative from the Grievance Committee will make a written complaint to the principal within five (5) business days of the grievance. 3. If the principal does not produce a written response within five (5) business days, the grievance will proceed to step four. If grievant and the principal both agree, more time may agree be allowed to bypass any step reach a solution (maximum of 5 extra days, for a total of 10 days). 4. If no written response has been received after five (5) business days from the principal, or the proposed solution is not acceptable to the grievant, then the grievant and/or representative from the Grievance Committee, will present the written grievance to the Superintendent. 5. If no proposed solution has been received after five (5) business days from five days from the Superintendent’s receipt of the grievance procedure. Step 1: If from the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally present the grievance in writing to the department supervisor who will arrange for a meeting to be held within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s)Superintendent, or the Unionproposed solution is not acceptable to the grievant, then the grievant and/or representative from the Grievance Committee, will present the written grievance to the School Board. The grievant, principal, grievance committee and Superintendent will present all pertinent information and documents relating to the issue to the School Board at the next scheduled Board meeting during executive session. During this session, the Board, the grievant and the Grievance Committee will discuss the problem. 6. The Board, at the next regular meeting, or bothduly called meeting, may refer it to will take the Vice President for Administrative Affairsmatter under advisement and will respond with a solution, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is receivedwritten form, within ten (10) working days business days. 7. If the Grievant is not satisfied with the response of the time that the answer was due. The Vice President his/her Grievance at level #6 of this article, or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union if there is no response within ten (10) working days days, the Grievance may be referred to the Board Chairperson or his/her designee. Thereafter, the Board Chairperson shall convene a panel consisting of three (3) persons; one (1) designated by the Board Chairman, one (1) designated by the Grievant, and one 91) agreed upon by the two (2) appointed members for the purpose of reviewing the Grievance. No member of the meeting provided for panel shall have an interest in this paragraphthe underlying allegation nor shall such individual be a family member (as defined in Sick Leave) of the Grievant. 8. If At the next regularly scheduled Board Meeting, the Board Chairman shall report to the Board the findings of the grievance arises from a decision or action at Panel and the Vice President’s level, Board will address such findings in the grievance may be initiated at Step 3, provided it is filed within official records of the time limit prescribed in Step 1District.

Appears in 2 contracts

Sources: Master Contract, Master Contract

Procedures. The party asserting a grievance may attempt parties hereby acknowledge that it is usually most desirable for an employee and the employee’s immediately involved supervisor to resolve problems through free and informal communications. When requested by the problem through employee, an Association representative may accompany the employee to assist in the informal communication with the immediate supervisor. The parties may agree to bypass any step resolution of the grievance procedure. Step 1: If grievance. If, however, the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally present the grievance in writing to the department supervisor who will arrange for a meeting to be held within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when satisfy the employee or the UnionAssociation, through the use of reasonable diligence, should reasonably have known of a grievance may be processed as follows: ▪ Step I—Within twenty (20) days following the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) employee or the Union or both Association may refer it to the Chief of Police by filing present the grievance in writing within 10 working days of receipt of to the answer from Step 1 orimmediate supervisor, if no answer is received, within 10 working days of the time that the answer was due. The Chief who will arrange for a meeting to be held take place within 10 working ten (10) days after receipt of such referral to review the grievance. The Chief will provide reasonable notice written grievance shall include: 1) the factual basis for the grievance; 2) the provisions of this agreement which are alleged to have been violated or misapplied; and 3) a specific remedy requested. Within ten (10) days of the meeting, the grievant and the Association shall be provided with the immediate supervisor’s written response, including the reasons for the decision. ▪ Step II—If the grievance is not resolved at Step I, then the Association may refer the grievance to the Field Representative and Superintendent or the ▇▇▇▇▇▇▇ Superintendent’s official designee within ten (10) days after the receipt of the meeting date and timeStep I answer. The Union Superintendent or designee shall arrange with the Association representatives for a meeting to take place within ten (10) days of the Superintendent’s receipt of the appeal. Each party shall have the right to include in its presentation representation such witnesses and materials internal representatives as it deems necessary to develop the facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within Within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that meeting, the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), Association shall be provided with the Superintendent or designee’s written response, including the reasons for the decision. ▪ Step III—If the Association is not satisfied with the disposition of the grievance at Step II, the Association may submit the grievance to final and binding arbitration through the grievant(sAmerican Arbitration Association (“AAA”), which shall act as the administrator of the proceedings. If a demand for arbitration is not filed within twenty (20) with a copy to the Union within ten (10) working days of the meeting provided date for the Step II answer, then the grievance shall be deemed withdrawn. a. The arbitrator shall have no power to alter the terms of this Agreement nor to amend, modify, nullify, ignore, or add to the provisions of this Agreement. Their authority shall be strictly limited to deciding only the issue or issues presented to them in writing by the parties involved and their decision must be based solely and only upon their interpretation of the meaning or application of the express relevant language of this paragraphAgreement. DocuSign Envelope ID: DFC17043-752D-46F0-BCED-D429D7A717D0 b. The Board and the Association shall bear equally the costs of arbitration proceedings. All legitimate expenses incurred by the arbitrator and their fee shall be shared equally by the Board and the Association. Each party shall be responsible for compensating its own legal counsel, representatives and witnesses if they are necessary to process the grievance. c. If either party requests a transcript of the proceedings, that party shall bear the full cost of that transcript. If the grievance arises from both parties order a decision or action at the Vice President’s leveltranscript, the grievance cost of the two transcripts shall be divided equally between the parties. If a copy of the transcript shall be furnished to the arbitrator, the cost of such shall be paid as part of the costs for the arbitration proceedings. d. All claims for back wages shall be limited to the amount of wages that an employee would have otherwise earned plus interest, less any state unemployment compensation or other salary they may be initiated at Step 3, provided it is filed within have earned on a replacement job during the time limit prescribed in Step 1period of back pay.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. The party asserting Board and Association acknowledge that it is usually most desirable for an Employee and the School Principal to resolve problems through free and informal communications. When requested by an Employee, an Association representative may accompany the Employee to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the Employee, a grievance may attempt to resolve the problem through informal communication with the immediate supervisor. be processed as follows: A. Step I - The parties Grievant may agree to bypass any step of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally present the grievance in writing to the department supervisor supervising principal who will arrange for a meeting to be held take place within five (5) days of receiving the grievance. If the grievance is not received within ten (10) working days of the event-giving rise to review the grievancegrievance or when the grievance could have been reasonably ascertained, it is waived. The Supervisor will provide reasonable notice to Association’s representative, the Field Representative Grievant, and the ▇▇▇▇▇▇▇ of Principal will be present for the meeting date and timemeeting. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within Within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include , the Grievant and the Association will receive the Principal’s written response, including the reasons for the decisionresponse. B. Step 2: II - If the grievance is not satisfactorily resolved at Step I, then the preceding step, Association or Grievant may appeal the grievant(s) or the Union or both may refer it grievance to the Chief of Police by filing the grievance in writing Superintendent or designee within 10 working five (5) days of after receipt of the answer from Step 1 or, if no answer I response or it is received, within 10 working days of the time that the answer was duewaived. The Chief Superintendent or designee will arrange with the Association or Grievant for a meeting to be held take place within 10 working five (5) days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ Superintendent or designee’s receipt of the meeting date and timeappeal. The Union shall Each party will have the right to include in its presentation representation such witnesses and materials counselors as it deems necessary to develop facts pertinent to the grievancenecessary. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within Within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that meeting, the answer was due. The Vice President Association or designee Grievant will arrange receive the Superintendent or designee’s written response, including the reasons for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to response. C. Step III - If the Field Representative and Association is not satisfied with the ▇▇▇▇▇▇▇ disposition of the meeting date grievance at Step II, the Association may advance the grievance to final and timebinding arbitration through the Federal Mediation and Conciliation Service (FMCS) which will act as the administrator of the proceedings. The Union shall have If a demand for arbitration is not filed with the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(sFMCS within thirty (30) with a copy to the Union within ten (10) working calendar days of the meeting provided date for in this paragraph. If the grievance arises from a decision or action at the Vice President’s levelStep II response, the grievance may will be initiated at Step 3, provided it is filed within deemed withdrawn and waived. The arbitrator will have no power to alter or amend the time limit prescribed in Step 1terms of this Agreement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. The party asserting a grievance may School District and the grievant shall attempt to resolve all grievances which arise during the course of employment in the following manner: (1) The grievant must bring problems relating to this Agreement to the attention of his/her building administrator within 20 working days of becoming aware of the situation. (2) The grievant and building administrator shall attempt to informally resolve the grievance. In the event the problem through is not resolved within 10 working days, the grievant may initiate formal written procedures. (3) The grievant must submit the formal written grievance to the building administrator within 10 working days following the informal communication with the immediate supervisorprocedures. The parties may agree to bypass any step of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails have 10 working days to resolve the problemgrievance. (4) In the event the grievance is not resolved thereby, the grievant(s) or grievant may, within 10 working days, meet with the Union or both may formally present the grievance superintendent in writing an effort to the department supervisor who will arrange for a meeting to be held within ten (10) working days to review resolve the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to parties have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) 10 working days of the date of the occurrence giving rise to resolve the grievance, or within ten . (105) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of In the event giving rise the grievance is not resolved thereby, the grievant may, within 10 working days, meet with the School Board in an effort to resolve the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within parties have 10 working days of to resolve the meeting. The answer shall include the reasons for the decisiongrievance. Step 2: If (6) In the grievance is not satisfactorily resolved at event the preceding stepgrievant and the School Board are unable to resolve the grievance, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is receivedgrievant may, within 10 working days of days, submit the time grievance to binding arbitration according to the procedure set forth in P.E.L.R. A. The grievant must promptly notify the superintendent or School Board chair that the answer was duegrievance has been submitted to binding arbitration. (7) Within 10 working days after the request to arbitrate, the grievant and the School Board shall meet in an attempt to agree upon an arbitrator. The Chief will arrange for a meeting to be held If no agreement on an arbitrator is reached, either party may, within 10 working days, request the Bureau of Mediation Services to submit a panel of arbitrators. Within 10 days after receipt of such referral the panel, the parties shall alternately strike names, and the remaining name shall be the arbitrator to review hear the grievance. The Chief order of striking will provide reasonable notice to be determined by the Field Representative and the ▇▇▇▇▇▇▇ flip of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraphcoin. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1.

Appears in 1 contract

Sources: Teacher Master Agreement

Procedures. The party asserting a grievance may attempt parties hereto acknowledge that it is usually most desirable for an educator and his/her immediately involved supervisor to resolve problems through free and informal communications. If such informal processes fail to resolve the problem through informal communication with grievance, the immediate supervisorgrievance may be resolved as follows: 1. STEP ONE - The grievance shall be presented within fourteen (14) days of the event complained of or of the date when the grievant might reasonably have known of such event. The parties may agree to bypass any step of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally present the grievance in writing to the department supervisor who will arrange for a meeting to take place within eight (8) days following receipt of the grievance. The written grievance should state the nature of the grievance, should note the specific clause or clauses of the agreement allegedly violated, and should state the remedy requested. The aggrieved educator, an Association representative and the immediately involved supervisor shall be held present for the meeting. The Supervisor shall provide a written answer with reasons to the aggrieved educator, the Association and the Superintendent within ten (10) working days. 2. STEP TWO - If the grievance is not resolved at Step #1, then the educator shall refer the grievance to the Superintendent within six (6) days to review after receipt of the grievanceStep #1 answer or within eight (8) days after the Step #1 meeting, whichever is the later. The Supervisor will provide reasonable notice to Superintendent shall arrange for a meeting with the Field Representative educator and the ▇▇▇▇▇▇▇ Association representative to take place within five (5) days of his receipt of the meeting date and timeappeal. The formal written grievance Superintendent shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be file an answer within ten (10) working days of the date Step #2 grievance meeting and communicate it in writing to the educator, the principal, and the Association. 3. STEP THREE - If the grievance is not resolved at Step #2, then the educator shall refer the grievance to the School Board within six (6) days after receipt of the occurrence giving rise Step #2 answer. The School Board shall arrange for a meeting with the educator and the Association representative to take place within thirty (30) days of receipt of the grievance, or appeal. The School Board shall file an answer within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include Step #3 grievance meeting and communicate it in writing to the reasons for educator, the decisionSuperintendent, and the Association. Step 2: 4. STEP FOUR - If the grievance is not resolved satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing educator and the grievance in writing Association within 10 working thirty (30) days of after receipt of the answer written reply from Step 1 or#3 the Association may submit in writing a request to enter into binding arbitration. The American Arbitration Association will be requested to provide a panel of arbitrators. a. The Arbitrator, if no answer is receivedin his opinion, within 10 working days shall not amend, modify, nullify, ignore or add to the provisions of the time Agreement. His authority shall be strictly limited to deciding only the issue or issues presented to him in writing by the School Board and the Association and his decision must be based solely upon his interpretation of the meaning or application of the express relevant language of the Agreement. b. Expenses for the Arbitrator's services and the expenses which are common to both parties to the arbitration shall be borne equally by the Board and the Association. Each party to an arbitration proceeding shall be responsible for compensating its own representatives and witnesses. c. Neither the Board nor the Association shall be permitted to assert any grounds or evidence before the Arbitrator which was not previously disclosed to the other party. d. The parties shall jointly request the American Arbitration Association, the Federal Mediation and Conciliation Service or the Illinois Education Labor Relations Board to submit to them a list of five (5) arbitrator's names and qualifications. Either party may reject one list in its entirety and request that another list be submitted. From such a list, the answer was dueparty initially requesting the arbitration shall strike two names and the other party shall then strike two names. The Chief will arrange 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 meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraphhearing. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1.

Appears in 1 contract

Sources: Professional Negotiation Agreement

Procedures. Grievant must file within ten (10) calendar days after the Employee becomes aware of an alleged violation which provides the basis for the grievance with the AFT Grievance Chairperson or designee. Written notification of intent to grieve must be filed with the Superintendent or designee within twenty (20) calendar days after the Employee becomes aware of an alleged violation which provides the basis for the grievance. A grievance must be brought to Step One within ten (10) calendar days after the Employee has filed said written notification of intent to grieve with the Superintendent or designee to meet with the Administrator against whom the grievance will be filed with the object of resolving the matter informally. The party asserting Employee shall notify the Administrator of the basis of the potential grievance. Both parties shall initial a statement that this meeting was held and the resolution if any. If the complainant desires, an AFT Grievance Committee Representative shall be present at this step to facilitate the discussion. If the Administrator, against whom the grievance may attempt be filed wants another Administrator to resolve the problem through informal communication with the immediate supervisorbe present at this step, another Administrator may be present if an AFT Grievance Committee Representative is present. 1. The parties may agree to bypass any step of If the grievance procedure. is not satisfactorily resolved in Step 1: If the informal process with the immediate supervisor fails to resolve the problemOne, the grievant(s) or the Union or both may formally present the grievance in writing to the department supervisor who will arrange for a meeting to shall be held within ten (10) working calendar days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date described in Step One. A request for the meeting shall be made in writing by the AFT Chairperson or designee or the grievant to the appropriate District or Building Administrator and time. The formal written the basis of the grievance shall clearly identify all provisions be specifically stated on the grievance form. 2. A copy of said form can be found in Exhibit H of this Agreement which are alleged to have Agreement. Present at this meeting shall be the grievant, the Administrator against whom the grievance has been violatedfiled, a designee of the Administrator if they so desire, and describe the remedy which is being soughtAFT Grievance Committee Representative, if they so desire. 3. The filing Within ten (10) calendar days of the formal Step Two meeting, the Administrator against whom the grievance has been filed shall communicate their decision, in writing with the supporting reasons to the participants at the Step Two meeting. 1. In the event the matter is not resolved in Step Two, within in ten (10) calendar days of the Step Two meeting, the AFT Chairperson or designee or the grievant may file a written grievance at this step appeal to the Superintendent or designee. A meeting with the object of resolving the matter shall be held within ten (10) working calendar days after receipt of this appeal letter by the date of Superintendent or their designee. Present at this meeting shall be the occurrence giving rise to Superintendent or designee, the grievanceAdministrator against whom the grievance has been filed and their immediate supervisor, or within the grievant, and the AFT Grievance Committee Representative, if a Waiver has not been filed. 2. Within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working calendar days of the meeting provided for in this paragraph. Step 3: If Three, the grievance is not satisfactorily resolved Superintendent or designee shall communicate their decision, in writing, together with the supporting reasons to the participants at the preceding step, the grievant(s), or the Union, or both, may refer it Step Three meeting and to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice AFT President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. The party asserting parties acknowledge that it is usually most desirable for a faculty member and a faculty member's immediately involved supervisor to resolve problems through free and informal communications. When requested by the faculty member, an Association representative may accompany the faculty member to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the faculty member or the Association, a grievance may attempt to resolve the problem through informal communication with the immediate supervisor. be processed as follows: A. Step One: The parties may agree to bypass any step of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) faculty member or the Union or both Association may formally present the grievance in writing to the department supervisor immediately involved supervisor, who will arrange for a meeting to be held take place within ten (10) working 10 college days to review after receipt of the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be submitted within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working 15 college days of when the employee or the Union, through the use of reasonable diligence, should occurrence might reasonably have known been ascertained. If the grievant requests, they may be accompanied to the meeting by a member of the occurrence full-time faculty. If the Association is not the grievant, and if the faculty member accompanying the grievant is not a full member of the event giving rise to Association, the grievanceAssociation may have one of its full members as a representative at the meeting. The supervisor shall provide a written answer to the grievant with a copy to the Union within Within 10 working college days of the meeting. The answer , the grievant and the Association shall include be provided with the reasons supervisor's written response, including the reason(s) for the decision. B. Step 2Two: If the grievance is not satisfactorily resolved at Step One, then the preceding step, the grievant(s) or the Union or both Association may refer it the grievance to the Chief President of Police by filing the grievance in writing College or designee within five college days after receipt of the Step One answer. The President, or their designee, shall arrange with the Association representative for a meeting to take place within 10 working college days of receipt of the answer from Step 1 or, if no answer is received, within appeal. Within 10 working college days of the time that meeting, the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), Association shall be provided to the grievant(s), with a copy to written response from the UnionPresident or designee, within 10 working days of including the meeting provided reason(s) for in this paragraphthe decision. C. Step 3Three: If the grievance Association is not satisfactorily resolved satisfied with the disposition of the grievance at Step Two or the preceding steptime limits expire without the issuance of the President's or designee's written reply, the grievant(sAssociation may submit the grievance to binding arbitration. The arbitrator shall be selected from a panel or panels to be secured from the American Arbitration Association (AAA). The arbitrator's award shall be binding. If a demand for arbitration is not filed within 20 college days after the date for the Step Two answer, then the grievance shall be considered withdrawn. In connection with any such arbitration, it is agreed as follows: 1. That the arbitrator shall have no power to alter or enlarge the Union, or both, may refer it to terms of this Agreement. 2. Each party shall bear the Vice President full costs for Administrative Affairs, or designee, by filing its representation in the same in writing within ten (10) working days of receipt arbitration. The cost of the answer from arbitrator and the Chief or, if no answer is received, within ten (10) working days AAA shall be divided equally between the parties. 3. If either party requests a transcript of the time proceedings, that party shall bear the answer was duefull costs of that transcript. The Vice President or designee will arrange for If both parties order a meeting to be held within 15 working days of such referral to review transcript, the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), cost shall be provided to divided equally between the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1parties.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. ‌ The party asserting a grievance may attempt to resolve the problem through informal communication with the immediate supervisor1. The parties may agree to bypass any step aggrieved person shall, within 25 school days of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problemoccurrence, the grievant(s) or the Union or both may formally present the grievance in writing to the department supervisor who will arrange for a meeting to be held within ten (10) working days to review the grievanceChief School Administrator. This document shall include: a. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ nature of the meeting Grievance and date and time. occurred. b. The formal written grievance shall clearly identify all provisions specific section or sections of this Agreement which are Agreement, Board Policy, or administrative decision alleged to have been violated, and describe misinterpreted or misapplied. c. The results of the remedy which is being previous discussions. d. The employees' dissatisfaction with the decision previously rendered. e. The specific relief sought. 2. The filing Chief School Administrator shall investigate the grievance and give his decision in writing within five (5) school days to the aggrieved person. 3. If the aggrieved person is not satisfied with the disposition of the formal written grievance at this step or if no decision is made, he shall, within five (5) school days after filing pursuant to number one (1), request a review by the Board. The request shall be submitted in writing through the Chief School Administrator who shall attach all records of the grievance and forward the same to the Board. Within thirty (30) days the Board or Committee of the Board shall review the grievance, hold a meeting with the aggrieved if requested, and render the decision in writing. 4. If the Association is not satisfied with the Board's disposition of the grievance and the grievance concerns an alleged violation of the express written terms of the contract, it may within five (5) school days of the Board's decision (or 35 days from when the grievance was presented to the Board, whichever is sooner) submit the grievance to the advisory non- binding arbitration using the service of the Public Employment Relations Commissioner (PERC). a. Within ten (10) working days after such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. b. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified time, a request for a list of arbitrators shall be made to PERC. The parties shall then be bound by the rules and proceedings of PERC. 5. The arbitrator shall be limited to the issues submitted to him, and shall not add to, subtract from or modify the terms of the date agreement. The only grievances which may be arbitrated are those which allege that there has been a violation of the occurrence giving rise express written terms of the locally negotiated agreement. The arbitrator shall have no authority to the grievancerule on grievances on Board policies, administrative decisions, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known statutes and regulations. 6. The award of the occurrence of the event giving rise to the grievance. The supervisor arbitrator shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decisionbe advisory. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due7. The Chief Arbitration meetings will arrange for a meeting to be held within 10 working days of such referral to review at times other than the grievance. The Chief will provide reasonable notice to the Field Representative regular school day, unless otherwise mutually agreed upon. A. Each full-time teacher, psychologist, social worker and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), school nurse shall be provided entitled to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1.eleven

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. ‌ The party asserting a grievance may Step 1 A good faith attempt shall be made to resolve any grievance ibn an informal discussion between the problem through informal communication with grievant and the immediate appropriate supervisor. The parties may agree to bypass Although nothing herein shall prevent an employee from having Association representation throughout any step of the grievance procedure, the Association and the Board strongly encourage employees and their supervisors to resolve problems in an informal atmosphere, without third party intervention, using this open dialogue and good faith before disputes become formal grievances. Step 1: 2 If the informal process with the immediate supervisor fails to resolve the problemgrievance cannot be resolved informally, the grievant(s) grievant or the Union or both Association may formally present file the grievance in writing to with the department supervisor who will arrange for a meeting to be held within ten (10) working days to review Director of Buildings and Grounds, or other appropriate supervisor. The written grievance should state the nature of the grievance. The Supervisor will provide reasonable notice to , the Field Representative and the ▇▇▇▇▇▇▇ specific clause or clauses of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being soughtrequested. The filing Filing of the formal written grievance at this step shall must be done within ten fifteen (1015) working days of days, or as otherwise mutually agreed between the Board and the Association, from the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievancegrievance or when the grievant could reasonably have had knowledge thereof. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(sten (10) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the grievance Step 3 In the event a grievance has not been satisfactorily resolved at Step 2, the grievant or the Association shall file, within seven (7) days of the written answer from to Step 1 2, or, if no answer is receivedreceived within the time specified in Step 2, within 10 working seven (7) days of the time that date when the answer was due, a copy of the grievance with the Superintendent or his/her designee. Within ten (10) days after such written grievance is filed, a meeting shall be scheduled with the aggrieved, a representative of the Association, the supervisor, and the Superintendent or his/her designee. The Chief will arrange for a meeting to be held Superintendent or his/her designee shall file an answer with the grievant, the supervisor, and the Association President within 10 working seven (7) days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraphthat meeting. Step 3: 4 If the grievance is not satisfactorily resolved at the preceding stepresolved, the grievant(s), or the Union, or both, Association may refer it the grievance to arbitration by giving written notice to the Vice President for Administrative Affairs, Superintendent or designee, by filing the same in writing his/her designee within ten (10) working days of the receipt of the Step 3 answer from the Chief or, if no answer is receivedreceived within the time specified in Step 3, within ten (10) working days of the time that date when the answer was due, or extend the time lines upon mutual agreement of the parties. The Vice President or designee will arrange for arbitrator shall be selected from a meeting panel(s) to be held within 15 working days secured from the American Arbitration Association, which shall act as administrator of such referral to review the grievanceproceedings. The Vice President will provide reasonable notice parties may, by mutual agreement, submit more than one grievance to the Field Representative same arbitrator. The arbitrator shall have no right or authority to amend, modify, nullify, ignore, add to, or subtract from the provisions of the Agreement. The fees and the ▇▇▇▇▇▇▇ expenses of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), arbitrator shall be divided equally between the Board and the Association, provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided that each party shall be responsible for in this paragraphcompensating its own representatives or witnesses. If one party requests a written transcript, that party shall pay the grievance arises from entire cost for the transcript. If both parties request a decision or action at the Vice President’s leveltranscript, the grievance may cost shall be initiated at Step 3, provided it is filed within divided equally between the time limit prescribed in Step 1Board and the Association.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. The party asserting Board and the Federation agree that it is usually most desirable for the employee and the principal to resolve problems through informal communications. If, however, the informal process fails to satisfy the employee, a grievance may attempt to resolve the problem through informal communication with the immediate supervisor. The parties may agree to bypass any step of the grievance procedure.be processed as follows: Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) I The employee or the Union or both Federation may formally present the grievance in writing to the department supervisor principal, who will arrange for a meeting to be held take place within ten five (105) working days to review after receipt of the grievance. The Supervisor will provide reasonable notice to grievant’s representative, the Field Representative employee, and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step principal shall be within ten present for the meeting. Within five (105) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer , the Grievant shall include be provided with the principal’s written response, including the reasons for the decision. Step 2: II If the grievance is not satisfactorily resolved at Step I, then the preceding step, the grievant(s) employee or the Union or both Federation may refer it the grievance to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing Superintendent within ten (10) working days of after receipt of the answer from Step I answer. The Superintendent shall arrange with the Chief or, if no answer is received, Grievant for a meeting to take place within ten (10) working days of the time that Superintendent’s receipt of the answer was dueappeal. The Vice President or designee will arrange for a meeting to be held within 15 working Within ten (10) days of such referral to review the grievance. The Vice President will provide reasonable notice to meeting, the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), Grievant shall be provided with the Superintendent’s written response, including reasons for the decision. Step III If the Grievant is not satisfied with the answer at Step II, the Grievant may submit the grievance to the grievant(s) with a copy to the Union Board of Education within ten (10) working days after receipt of the Step 2 response, to be discussed at the next regular board meeting. Within five (5) days of the meeting meeting, the Grievant shall be provided with the Board’s written response, including reasons for in this paragraphthe decision. Step IV If the Federation is not satisfied with the disposition of the grievance at Step III the Federation may submit the grievance to final and binding arbitration under the Voluntary Arbitration Rules of the American Arbitration Labor Arbitration Rules of the American Arbitration Association, which shall act as the administrator of the proceedings. If a demand for arbitration is not filed within thirty (30) days of the grievance arises from a decision or action at date for the Vice President’s levelStep III answer, the grievance may shall be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1deemed withdrawn.

Appears in 1 contract

Sources: Support Agreement

Procedures. Informal (Pre-Grievance Meetings Process) - An attempt shall be made to resolve any grievance using an informal process. The party asserting a grievance may purpose of this informal process is to encourage early communication about concerns and to facilitate open discussion about those concerns in order to attempt to resolve reach a resolution. This process will include the problem through informal communication complainant and the administrator with direct responsibility to the immediate supervisorincident, and upon request, Association representatives and/or other District Administrators. 1. The parties may agree to bypass any step of Step I - In the event the grievance procedure. Step 1: If is not resolved through the informal process with the immediate supervisor fails to resolve the problemprocess, the grievant(s) or the Union or both may formally present the grievant shall file a formal grievance in writing to with his/her immediate supervisor, and/or the department supervisor who will arrange for a meeting to be held within ten (10) working days to review the grievanceAdministrator with direct responsibility. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions note the specific clause or clauses of this the Agreement which are alleged to have been violated, allegedly violated and describe should state the remedy which is being soughtrequested. The filing of the formal written grievance at this step shall must be filed within ten (10) working 45 calendar days of from the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance, or from the date when the grievant might reasonably have had knowledge thereof. The supervisor or other administrator who has authority to make a decision on the grievance shall provide a written answer make such decision and communicate it in writing to the teacher, Superintendent, Associate Superintendent for Human Resources/Professional Learning, and the Association within ten (10) working days from receipt of the written grievance. The response shall include the reasons for the decision. 2. Step II – If the grievance is not resolved at Step I, the grievant with a copy to the Union shall file within 10 ten (10) working days of the Step I response, a copy of the grievance with the Superintendent and the Associate Superintendent for Human Resources/ Professional Learning who shall hold a meeting with the grievant and Association representative within ten (10) working days from the date of receipt of the Step II appeal. The Associate Superintendent for Human Resources/Professional Learning shall issue a written determination to the grievant within ten (10) working days after the Step II meeting. The This answer shall include the reasons for the decision. 3. Step 2: If III - In the event a grievance is has not been satisfactorily resolved at the preceding second step, the grievant(sgrievant shall file within ten (10) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that supervisor's written decision and reason(s) at the answer was duesecond step, a copy of the Grievance with the Superintendent. The Chief will arrange for Within ten (10) working days after such written grievance is filed, the Superintendent, or designee, shall hold a meeting to be held within 10 working days of such referral to review with the grievance. The Chief will provide reasonable notice to the Field Representative grievant and the ▇▇▇▇▇▇▇ of the meeting date and timeAssociation representative. The Union Each party shall have the right to include in its presentation representation such witnesses and materials counselors as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days Upon conclusion of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding stephearing, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within Superintendent shall have ten (10) working days of receipt of in which to provide the answer from the Chief orwritten decision, if no answer is receivedwith reasons, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative grievant and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1Association.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. The party asserting parties hereto acknowledge that it is usually most desirable for a Teacher and his or her immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, a Union representative may accompany the employee to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the Teacher or the Union, a grievance may attempt to resolve the problem through informal communication with the immediate supervisor. be processed as follows: A. The parties may agree to bypass any step of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) Teacher or the Union or both may formally present the grievance in writing to the department supervisor who will arrange for a meeting to be held writing, within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer , to the grievant with a copy immediately involved supervisor, which grievance shall state the article, section and clause of this Agreement alleged to be violated, misrepresented or misapplied, and which grievance shall further state the Union within 10 working remedy which is sought. Within five (5) days of after the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 orgrievance, if no answer is received, within 10 working days of the time that the answer was due. The Chief immediately involved supervisor will arrange for a meeting to take place. The Union’s representative shall be held within 10 working present for the meeting. Within five (5) days of such referral the meeting, the grievant and the Union shall be provided with the Supervisor’s written response. B. If the grievance is not resolved in step 4.2A, then the Union may refer the grievance to review the grievanceSuperintendent or his officially designated representative within five (5) days after the receipt of the Step 4.2A answer or within ten (10) days of the Step 4.2A meeting, whichever is later. The Chief will provide reasonable notice Superintendent shall arrange with the Union for a meeting to the Field Representative and the ▇▇▇▇▇▇▇ take place within five (5) days of the meeting date and timeSuperintendent’s receipt of the appeal. The Union Each party shall have the right to include in its presentation representation such witnesses and materials counsel as it deems necessary to develop facts pertinent to necessary. Within five (5) days of the grievance. A written answermeeting, including reason(s), the Union shall be provided to with the grievant(s), Superintendent’s written response. C. If the Union is still not satisfied with a copy to the Union, within 10 working days disposition of the meeting provided grievance at Step 4.2B or the time limits expire without the issuance of the Superintendent’s written reply, the Union may submit the grievance to final and binding arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association, which shall act as the Administration of the proceeding. If a demand for in this paragrapharbitration is not filed within thirty (30) days for the 4.2B answer, then the grievance shall be deemed withdrawn. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time1. The Union shall have not be permitted to assert any grounds or evidence before the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent Arbitrator which were not previously disclosed to the grievanceimmediately involved supervisor and the Superintendent. A written answerSimilarly, including reason(s), neither the Board nor its Superintendent shall be provided permitted to assert any grounds or evidence before the Arbitrator which were not previously disclosed to the grievant(s) with Association. 2. The Arbitrator shall have no power to alter the terms of this Agreement. 3. Each party will pay its own costs of representation and the cost of a copy to the Union within ten (10) working days transcript of the meeting provided for in this paragrapharbitration proceedings, if requested. 4. If The cost of the grievance arises from a decision or action at American Arbitration Association is to be shared equally by the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1parties.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. ‌ The party asserting a Step 1 - Oral Grievances 1. To the Superintendent a. At the option of the tenured teacher, an oral grievance concerning placement on the seniority list, layoff, recall, or compensation may attempt to resolve the problem through informal communication be filed directly with the immediate supervisorSuperintendent. The parties may agree to bypass any step At the option of the probationary teacher, an oral grievance procedure. Step 1: If the informal process concerning compensation may be filed directly with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally present the Superintendent. Any oral grievance in writing to the department supervisor who will arrange for a meeting to must be held filed within ten (10) working school days to review after the grievanceoccurrence of the alleged violation unless the grieved matter occurs within the last nine days of school, in which case, the grievance must be filed on or before June 30 of the current year. N: 89, 10 b. The Supervisor will provide reasonable notice Superintendent may remand the grievance to the Field Representative and Building level if he/she deems it appropriate. N: 86 2. To the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written Building Principal(s) or Director a. Any teacher shall present an oral grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be his/her Building Principal or Director within ten (10) working school days after the occurrence unless the grieved matter occurs within the last nine days of school, in which case, the must be filed on or before June 30 of the current year. The oral grievance shall be considered with or without the intervention of the Association. Any adjustment shall be consistent with the terms of this agreement. The Association representative shall be given the opportunity to be present at this adjustment. R:75, 80, 86, 10 Step 2 – Written Grievances 1. To the Superintendent a. If the oral grievance to the Superintendent in Article XII, C, 1, a. above is not resolved at the oral level, the grievance must be submitted in writing on the Grievance Report Form (Appendix E-1) to the Superintendent within five (5) school days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the initial oral grievance meeting. The answer form shall include be signed by the reasons for grievant and the decision. Association Representative or officer. The grievance process will proceed at Step 2: 6 below. If the grievance is not satisfactorily filed in writing within those five (5) days, it shall be considered waived. N: 86, R: 10 2. To the Building Principal(s) or Director a. If the oral grievance is not resolved at the preceding steporal level, the grievant(sgrievance must be submitted in writing on the Grievance Report Form (Appendix E-1) or the Union or both may refer it to the Chief of Police by filing the grievance in writing Building Principal or Director within 10 working five (5) school days of receipt after presentation of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the oral grievance. The Chief will provide reasonable notice to Grievance Report Form shall be signed by the Field Representative grievant and the ▇▇▇▇▇▇▇ of the meeting date and timeAssociation Representative or officer. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same filed in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is receivedwriting, within ten those five (105) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as school days, it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraphconsidered waived. If the grievance arises from a decision or action at involves more than one school building, it will be filed with the Vice President’s levelPrincipal(s). R: 86, 06, 10 Step 3 – Meeting to Resolve Written Grievance Within five (5) school days after the receipt of the written grievance, the administrator shall meet with the teacher and Association Representative or officer in an effort to resolve the written grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1.2. R: 10

Appears in 1 contract

Sources: Master Agreement

Procedures. ‌ The party asserting a grievance may An attempt shall first be made to resolve any grievance in informal discussion between the problem through informal communication with the immediate supervisorcomplainant and his/her building principal (or Superintendent if filed directly at Step II). The parties may agree to bypass any step of the grievance procedure. Step 1: If If, however, the informal process fails to satisfy either party, a formal grievance may be processed as follows: STEP I BUILDING PRINCIPAL If the grievance cannot be resolved informally, a grievance shall be filed in writing with the immediate supervisor fails to resolve the problem, the grievant(sprincipal within twenty-five (25) or the Union or both may formally present the grievance in writing to the department supervisor who will arrange for a meeting to be held within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of from the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor written grievance shall provide a written answer to state the grievant with a copy to the Union within 10 working days nature of the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding stepgrievance, the grievant(sspecific clause or clauses of the Agreement allegedly violated, misinterpreted or misapplied, and the remedy requested. Within five (5) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 orgrievance, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for principal shall schedule a meeting to be held within 10 working days of such referral to review discuss the grievancematter with the grievant, or representative if the grievant is represented. The Chief will provide reasonable notice to the Field Representative principal shall make a decision and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include communicate it in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided writing to the grievant(s), with a copy to the UnionAssociation, within 10 working days of and the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing Superintendent within ten (10) working days after the meeting. STEP II SUPERINTENDENT In the event a grievance has not been satisfactorily resolved at Step I, an appeal may be filed, in writing, to the Superintendent within five (5) days of receipt delivery of the answer from the Chief or, if no answer is receivedprincipal’s written decision. The Superintendent shall, within ten (10) working days after receipt of the time that written appeal, schedule a meeting with the answer was duegrievant, or representative if the grievant is represented. The Vice President or designee will arrange for Superintendent shall make a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice decision and communicate it in writing to the Field Representative grievant, the principal (if applicable) and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union Association within ten (10) working days of the meeting provided meeting. Class grievances involving one or more Unit Members from different school buildings or any grievance involving the act of an Administrator above the building level shall be initially filed at Step II of the grievance process. STEP III BOARD OF EDUCATION If the grievance has not been satisfactorily resolved at Step II, an appeal may be filed in writing to the Board President within five (5) days of delivery of the Superintendent’s written decision. The grievant, independently, or the Association shall present a written brief to the Board and may file a written request for in this paragraphan oral hearing on the grievance that will be granted at the discretion of the Board President. Such brief and/or request for oral hearing is to be filed within fourteen (14) days after the appeal of the grievance has been submitted to the Board President. If the grievance arises from oral hearing is granted, the hearing will be conducted by the full Board or by a subcommittee of the Board, as the Board President may designate. Such hearing shall be held on or before the next regularly-scheduled Board meeting. If, however, the request for oral hearing is submitted to the Board President less than five (5) days prior to the next regularly-scheduled Board meeting, any hearing that is granted shall take place on or before the second-next regularly-scheduled Board meeting following the Board President’s receipt of the hearing request. The Board shall make a decision or action at on the Vice President’s levelgrievance and communicate it in writing to the grievant, the Association, the Superintendent and the principal, on the next business day following the next regularly-scheduled Board meeting following the meeting at which the hearing was held or the subcommittee’s recommendation is delivered to the Board. STEP IV ARBITRATION If the grievance has not been satisfactorily resolved at Step III, it may be initiated at Step 3submitted to final and binding arbitration through the American Arbitration Association (AAA), provided it which shall act as the administrator of such further proceedings and whose arbitration rules shall govern. The grievant shall provide contemporaneous notice of the demand for arbitration to the Superintendent. If a demand for arbitration is not filed within twenty (20) days of delivery to grievant of the time limit prescribed Board’s decision, then the grievance shall be deemed withdrawn. At arbitration, neither party to the grievance will be permitted to assert grounds not previously raised in Step 1the proceedings below. In no case will the arbitrator selected be a resident of School District 304. Expenses for the arbitrator’s services and the expenses that are common to both parties to the arbitration shall be borne equally by the Board and the Association. Each party to an arbitration proceeding shall be responsible for compensating its own representatives and witnesses. The arbitrator shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. The arbitrator’s authority shall be strictly limited to deciding only the issue or issues presented to the arbitrator in writing by the Board and the Association and the decision rendered must be based solely upon the arbitrator’s interpretation of the meaning or application of the express relevant language of the Agreement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. A. Level 1 - The party asserting bargaining unit member is encouraged to resolve alleged grievances through oral settlement. If, however, the oral settlement is not satisfactory, a grievance may attempt to resolve be filed in writing on the problem through informal communication Grievance Report Form with the immediate supervisor. The parties may agree to bypass any step of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally present the grievance in writing to the department supervisor who will arrange for a meeting to be held building principal within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working school days of the date time of its inception. The building principal shall meet with the grievant within five (5) school days after receipt of the occurrence giving rise grievance form and shall reply to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working three (3) school days of such meeting. B. Level 2 - Within five (5) school days of the receipt of such response a grievant may appeal the decision to the District Superintendent. The appeal shall be in writing on the grievance form. A copy of the appeal shall be given to the principal. The grievant shall supply the original grievance and a copy of the Level I disposition report with his appeal. The District Superintendent shall meet with the grievant at a mutually agreed time within five (5) school days of the receipt of the answer from Step 1 or, if no answer is received, grievance form. A disposition report (Level 2) by the Superintendent shall be issued within 10 working five (5) school days of the time that meeting. C. Level 3 - Within five (5) school days of the answer was duereceipt of the District Superintendent's report a grievant may appeal his decision to the Board of Education. The Chief will arrange Board of Education shall set a date, time and place for a meeting hearing on such appeal to be held within 10 working fifteen (15) school days of the receipt of the appeal form. Five (5) school days written notice shall be given to the grievant. The grievant must be present at the hearing. All hearings may be continued from time to time as determined by mutual agreement of the parties concerned. All hearings shall be concluded within a period of sixty (60) school days. At the discretion of the Board the hearing may be held before the Board as a whole or before a committee of the Board. The Board shall render a written decision within fifteen (15) school days of such referral to review the grievancefinal hearing. The Chief will provide reasonable notice Board may designate a committee or representative to meet with the Field Representative grievant to discuss such decision. If the grievant has been heard by a committee of the Board, and the ▇▇▇▇▇▇▇ of grievant is not satisfied with the meeting date and time. The Union shall have decision rendered by the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to Board, the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Uniongrievant may, within 10 working three (3) school days of the meeting provided for receipt of such decision request a review of the decision (but not a further hearing) by the entire Board. This review must take place within twenty (20) school days and the final decision of the Board affirming, reversing, or modifying its prior decision shall be given in this paragraphwriting to the grievant within that time. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within D. Level 4 - Within ten (10) working school days after the conclusion of receipt of Level 3, the answer from the Chief orAssociation may, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable after notice to the Field Representative Board in writing, refer the grievance to binding arbitration as provided in Section 903 of the Public Employee Relations Act, Act 195, and the ▇▇▇▇▇▇▇ procedures set forth in Act 195 or in the regulations of the meeting date Pennsylvania Labor Relations Board shall thereafter control. Both parties will request that the decision of the arbitrator be in writing and timeset forth his or her findings of fact, reasoning and conclusions on the issues submitted. The Union shall have decision of the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), arbitrator shall be provided to binding upon the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s levelBoard, the grievance may NHSEA and the grievant. Each case shall be initiated at Step 3considered on its merits and the collective bargaining agreement shall constitute the basis on which the decision shall be rendered. The arbitrator shall be without jurisdiction to render an award contrary to law or to add to, provided it is filed within the time limit prescribed in Step 1modify, vary, change or remove any term of this Agreement.

Appears in 1 contract

Sources: Professional Staff Contract

Procedures. The party asserting parties hereto acknowledge that it is usually most desirable for a teacher and his immediately involved supervisor to resolve problems through free and informal communications. When requested by the teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may attempt to resolve the problem through informal communication with the immediate supervisor. The parties may agree to bypass any step of the grievance procedure.be processed as follows: Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) #1 The teacher or the Union or both Association may formally present the grievance in writing to the department supervisor principal who will arrange for a meeting to take place within seven (7) days after receipt of the grievance. The grievant, a representative if desired by the teacher, and the principal shall be held present for the meeting. Within seven (7) days of the meeting, the grievant shall be provided with the principal’s written response, including the reasons for the decision. Step #2 If the grievance is not resolved at Step #1, then the grievant may refer the grievance to the Superintendent or his/her official designee within six (6) days after receipt of the Step #1 answer. The Superintendent shall arrange with the grievant or the Association for a meeting to take place within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of Superintendent’s receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was dueappeal. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union Each party shall have the right to include in its presentation representation such witnesses and materials counselors as it deems necessary to develop facts pertinent to the grievancenecessary. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within Within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the meeting, the employee or the Association shall be provided with the Superintendent’s written response, including the reasons for the decision. Step #3 If the grievant is not satisfied with the disposition of the grievance at Step #2 or the time that limits expire without the answer was dueissuance of the Superintendent’s written reply, the Association 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 #2 answer, then the grievance shall be deemed withdrawn. The Vice President or designee will arrange for a meeting arbitration proceeding shall be conducted by an Arbitrator to be held selected by the two parties within 15 working seven (7) days after said notice is given. If the two parties fail to reach agreement on an Arbitrator within seven (7) days, the American Arbitration Association will be requested to provide a panel of such referral to review seven (7) arbitrators. Each of the grievancetwo parties will alternately strike one name at a time from the panel until only one shall remain. The Vice President will provide reasonable notice to remaining name shall be binding on the Field Representative parties. Expenses for the Arbitrator’s services shall be borne equally by the district and the ▇▇▇▇▇▇▇ Association. His authority shall be strictly limited to deciding only the issue or issues presented to him in writing by the district and the Association and his decision must be based solely and only upon his interpretation of the meeting date and timemeaning or application of the express relevant language of the Agreement. 1. The Union A grievance arising from action of an administrator above the building level must be filed at Step #2. 2. No teacher shall be required to discuss any grievance in the absence of a representative unless said teacher so desires. 3. When a teacher is not represented by the Association, the Association at its request shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to receive a copy of the formal, final disposition of the grievance. 4. No reprisals of any kind shall be taken by the Board or the Administration against a teacher because of his/her participation in this grievance procedure. 5. All records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants. 6. The time limits at any step of this grievance procedure may be extended by written mutual agreement. 7. A written answer, including reason(s), shall be provided to the grievant(s) with grievant may withdraw a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the any time limit prescribed in Step 1without prejudice.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. ‌ The party asserting a grievance may attempt to resolve the problem through informal communication Grievances, as defined by Section 6.1, shall be resolved in conformance with the immediate supervisorfollowing procedure: Step 1 An EMPLOYEE claiming a violation concerning the interpretation or application of the CONTRACT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievances to the EMPLOYEE’S supervisor as designated by the EMPLOYER. The parties may agree EMPLOYER designated representative will discuss and give an answer to bypass any step of the such Step 1 grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally present the grievance in writing to the department supervisor who will arrange for a meeting to be held within ten (10) working calendar days after receipt. A grievance not resolved in Step 1 and appealed to review Step 2 shall be placed in writing setting forth the nature of this grievance. The Supervisor will provide reasonable notice to , the Field Representative and facts on which it is based, the ▇▇▇▇▇▇▇ provision or provisions of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been CONTRACT allegedly violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step requested, and shall be appealed to Step 2 within ten (10) working calendar days of after the date of EMPLOYER designated representative’s final answer in Step 1. Any grievance not appealed in writing to Step 2 by the occurrence giving rise to the grievance, or FEDERATION within ten (10) working calendar days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decisionbe considered waived. Step 2: 2 If the grievance is not satisfactorily resolved at the preceding stepappealed, the grievant(s) or written grievance shall be presented by the Union or both may refer it to FEDERATION to, and discussed with, the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from EMPLOYER designated Step 1 or, if no answer is received, within 10 working days of the time that the answer was due2 representative. The Chief will arrange for a meeting to be held within 10 working days of such referral to review EMPLOYER designated representative shall give the grievance. The Chief will provide reasonable notice to FEDERATION the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. EMPLOYER’S Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same 2 answer in writing within ten (10) working calendar days of 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 EMPLOYER designated representative’s final Step 2 answer. Any grievance not appealed in writing to Step 3 by the FEDERATION within ten (10) calendar days shall be considered waived. Step 3 If appealed, the written grievance shall be presented by the FEDERATION to, and discussed with the EMPLOYER designated Step 3 representative. The EMPLOYER designated representative shall give the FEDERATION the EMPLOYER’S Step 3 answer from in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed by the Chief orFEDERATION 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 FEDERATION within ten (10) calendar days shall be considered waived. 1. If the grievance has not been satisfactorily resolved at Step 3, if no answer is receivedeither the Federation or the Employer may, within ten (10) working calendar days, request mediation. If the parties agree that the grievance is suitable for mediation, the parties shall submit a joint request to the Minnesota Bureau of Mediation Services for the assignment of a mediator. Grievance mediation shall be completed within 30 days of the assignment. 2. Grievance mediation is an optional and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance arbitration. When grievance mediation is invoked, the contractual time that limit for moving the answer was duegrievance to arbitration shall be delayed for the period of mediation. 3. The Vice President or designee will arrange for a meeting to grievance mediation process shall be held within 15 working days informal. Rules of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative evidence shall not apply, and the ▇▇▇▇▇▇▇ no record shall be made of the meeting date and timeproceeding. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), Both sides shall be provided ample opportunity to present the grievant(s) evidence and argument to support their case. The mediator may meet with a copy to the Union within ten (10) working days parties in joint session or in separate caucuses. 4. At the request of both parties, the meeting provided mediator may issue an oral recommendation for settlement. Either party may request that the mediator assess how an arbitrator might rule in this paragraphcase. 5. The grievant shall be present at the grievance mediation proceeding. If the grievance arises from a decision or action at the Vice President’s levelis resolved, the grievant shall sign a statement agreeing to accept the outcome. Unless the parties agree otherwise, the outcome shall not be presidential. 6. If the grievance is not resolved and is subsequently moved to arbitration, such proceeding shall be de novo. Nothing said or done by the parties or the mediator during grievance mediation with respect to their positions concerning resolution or offers of settlement may be initiated at used or referred to during arbitration. Step 3, provided it is filed within the time limit prescribed 4 A grievance unresolved in Step 13 and appealed to Step 4 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the “Rules Governing the Arbitration of Grievances” as established by the Board Bureau of Mediation Services.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 7.3.1 The number of Days indicated at each level of this procedure shall be considered maximum and every effort shall be made to expedite the process. 7.3.2 Grievance proceedings shall not be conducted in accordance with the rules of civil procedure. 7.3.3 If the College fails to comply in writing or with its time limit requirements as set forth under any of the procedure steps, the grievance shall be considered automatically appealed to the next level of the procedure. 7.3.4 If the grievant fails to comply with the grievant’s time limit requirements, as set forth under any of the procedure’s steps, the grievance shall be considered null and void. 7.3.5 The time limits set forth herein may be extended provided the extension has been mutually agreed upon in writing by the parties. 7.3.6 A grievance shall not be considered unless the grievant initiates the grievance no later than twenty 20 Days after the grievant knew or reasonably should have known of the alleged violation that precipitated the grievance. 7.3.7 No reprisal or retaliation shall be taken against any person who participates in this procedure. 7.3.8 A grievant may be accompanied and represented by one Union representative and the charged-party asserting may be represented by a person of the charged-party’s choice at any hearing or meeting conducted under this procedure. 7.3.9 An employee, acting individually, may present a grievance may attempt without the intervention of the Union, provided the grievance has been processed in accordance with this procedure. The grievant shall be responsible for notifying the Union in writing that a grievance is being filed. At any hearing or meeting related to resolve a grievance brought individually by an employee, the problem through informal communication Union shall be notified by the grievant of the hearing in advance and afforded the opportunity to be present and make its views known. Any adjustment made shall be consistent with the immediate supervisorprovisions of this Agreement. 7.3.10 All documents related to a grievance shall be maintained in a separate grievance file. The parties may agree to bypass any This provision does not include disciplinary actions and/or documents that are the subject of a grievance. 7.3.11 Grievances shall be processed at times other than during an employee’s scheduled class time or times when there is a school or department meeting or an Academic Affairs or College-wide meeting where attendance is mandatory. 7.3.12 All decisions shall be submitted in writing at each step of the grievance procedureprocedure and the decision shall be submitted to both the grievant and the Union. Step 1: 7.3.13 Grievances shall be filed on forms provided by the College – and shall be attached hereto. 7.3.14 The parties shall maintain confidentiality for all grievance proceedings and for documents required by law to be kept confidential. If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) a grievant or the Union violates this provision, this action will be a waiver by the grievant or both Union of any confidentiality right the grievant may formally present the grievance in writing to the department supervisor who will arrange for a meeting to be held within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which that is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise related to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it 7.3.15 The parties to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within mutually agree to toll the procedure’s time limit prescribed limits in Step 1accordance with sub-paragraph 7.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. Step 1 - The party asserting a grievance may grievant shall promptly attempt to resolve the problem through informal communication with grievance informally between the teacher and their principal and/or immediate supervisor. Step 2 -- If the grievance is not resolved informally, it shall be reduced to writing by the grievant who shall submit it to the principal or immediate supervisor. The parties may agree to bypass any step written grievance shall give a clear and concise statement of the alleged grievance procedure. Step 1: including the facts upon which the grievance is based, the issues involved, the Agreement provisions involved, and the relief sought. If the informal process with grievant does not submit such written grievance to the principal or immediate supervisor fails within fifteen (15) school days after the facts upon which the grievance is based first occur or first become known to resolve the problemgrievant, the grievant(s) grievance will be deemed waived. The principal or the Union or both may formally present the grievance immediate supervisor will reply in writing to the department supervisor who grievant with a copy to the Association within five (5) school days after receipt of the written grievance. Step 3 -- If the grievance is not settled in Step 2 and the grievant wishes to appeal the grievance to Step 3, the teacher will arrange for a meeting file the completed written grievance to be held the superintendent of schools within ten (10) working school days to after receipt of the principal's written answer. The superintendent or their representative shall thoroughly review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, arrange for necessary discussions, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide give a written answer to the grievant with a copy to the Union within 10 working Association no later than ten (10) school days after receipt of the meetingwritten grievance by the superintendent. The answer shall include the reasons for the decision. Step 2: 4 -- If the grievance is not satisfactorily resolved at settled in Step 3 and the preceding stepgrievant wishes to appeal the grievance to Step 4, the grievant(s) or grievant may file the Union or both may refer it written grievance to the Chief of Police by filing the grievance in writing District Board within 10 working ten (10) school days of after receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was duesuperintendent's written answer. The Chief will arrange for a meeting to be held within 10 working days of such referral to Board shall review the grievance. The Chief will provide reasonable notice , arrange for necessary discussions, and give a written answer to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), grievant with a copy to the Union, within 10 working Association no later than ten (10) school days after receipt of the meeting written grievance. Step 5 -- a. Grievances not settled in Step 4 of the grievance procedure may be appealed by the grievant to arbitration provided for in this paragraphthe issue involves the interpretation or meaning of a specific provision or provisions of the Agreement. Step 3: b. If the grievance grievant is not satisfactorily resolved satisfied with the disposition of the grievance at the preceding step, the grievant(s), Step 4 or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing if no decision has been rendered within ten (10) working school days of after the grievant has first met with the District Board, the Association may, by written notice to the superintendent within fifteen (15) school days after receipt of the answer request from the Chief orgrievant, if no answer is receivedsubmit the grievance to binding arbitration. A list of seven arbitrators will be requested from the Employment Relations Board, within ten (10) working days Conciliation Service Division. Upon receipt, the Association will strike one name and the District and Association will then alternate the striking process until one name remains. That person will be the arbitrator. Except as otherwise expressly provided in this Agreement, the arbitration hearing will be conducted in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association in effect at the time that (hereinafter referred to as the answer was due"AAA Rules"). c. The arbitrator so selected will confer with the representatives of the superintendent and the Association and hold hearings promptly and will issue their decision not later than thirty (30) 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 evidence are submitted. The Vice President or designee arbitrator's decision will arrange for a meeting to be held within 15 working days in writing and will set forth the findings of such referral to review fact, reasoning and conclusions on the grievanceissue facts and evidence submitted. The Vice President decision of the arbitrator will provide reasonable notice be submitted to the Field Representative Board and the ▇▇▇▇▇▇▇ Association and will be final and binding upon the parties. d. The arbitrator's authority is limited to the interpretation and application of this contract. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The Board and the Association will share equally any joint costs of the meeting date arbitration procedure, such as the fee and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days expense of the meeting provided for in this paragraph. If arbitrator and the grievance arises from a decision or action at cost of the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1hearing room.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. ‌ The party asserting a grievance may attempt 9.4.1 Step 1 Every effort shall be made to resolve grievances or potential grievances through free and informal communications between the problem through informal communication with the grievant and his immediate administrative supervisor. The parties may agree However, if such informal processes fail to bypass any step provide an acceptable adjustment of the grievance proceduregrievance, the grievant may proceed to Step 2. 9.4.2 Step 1: If the informal process with the immediate supervisor fails to resolve the problem2 The grievant or, at his request, the grievant(sAssociation on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) or the Union or both may formally present the grievance in writing to the department grievant's immediate administrative supervisor who will shall arrange for a meeting to be held take place within ten four (104) working days to review after receipt of the grievanceform. The Supervisor will provide reasonable notice grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the Field Representative meeting. In addition, both the supervisor and the ▇▇▇▇▇▇▇ grievant may have present, others who might contribute to a better understanding of the meeting date facts and time. The formal written grievance shall clearly identify all provisions issues or otherwise contribute to an acceptable adjustment of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide the grievant and recognized employee organization with a written answer response (Appendix 5) to the grievant with a copy to the Union Grievance Review Request Form within 10 working four (4) days of after the meeting. The answer shall include the reasons for the decision. 9.4.3 Step 2: 3 If the grievance is not satisfactorily resolved adjusted at the preceding step, the grievant(s) or the Union or both may refer it Step 2 to the Chief of Police by filing the grievance in writing within 10 working days of receipt satisfaction of the answer from Step 1 orgrievant, if no answer is received, within 10 working days of then the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s)grievant, or the Union, or bothAssociation acting on his behalf, may refer it the grievance to the Vice President for Administrative Affairs, or designee, by filing Superintendent no later than eight (8) days after the same meeting prescribed in writing within ten (10) working days of receipt Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the answer from Association, unless the Chief or, if no answer is receivedAssociation or the employee waives its right to have representatives attend the meeting, within ten (10) working days after the grievance has been referred to him. Both the Superintendent and the grievant may have others present who might contribute to an acceptable adjustment of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will Superintendent shall provide reasonable notice his written decision (Appendix 6) concerning the grievance and any adjustment of it to the Field Representative grievant and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union recognized employee organization within ten (10) working days after the meeting. 9.4.4 Step 4 If the grievant is not satisfied with the disposition of his grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not delivered to the Superintendent with thirty (30) days after the meeting provided for prescribed in this paragraph. If the grievance arises from a decision or action at the Vice President’s levelStep 3 is held, the grievance may shall be initiated at Step 3deemed withdrawn. The Board shall meet within ten (10) days after mutual agreement for a meeting with the grievant and/or with representatives of the Association, provided it is filed unless the Association waives its right to have representatives attend such meetings: and within twenty (20) days after such meetings, the time limit prescribed in Step 1board shall render a written decision respecting the grievance.

Appears in 1 contract

Sources: Negotiated Agreement

Procedures. A. Stage One The party asserting a grievance may employee shall attempt to resolve any potential grievance in an informal discussion with his/her immediate supervisor within twenty (20) work days of the problem through event giving rise to the alleged violation of this Agreement. The immediate supervisor shall respond orally within twenty (20) work days of the informal communication discussion. B. Stage Two If the grievance cannot be resolved at Stage One, the employee shall file a written grievance with the his/her immediate supervisor. The parties may agree to bypass any step Such written statement of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally present the grievance in writing to the department supervisor who will arrange for a meeting to shall be held filed within ten (10) working work days to review from the grievance. The Supervisor will provide reasonable notice to receipt of the Field Representative oral response of the immediate supervisor and shall contain a statement of the factual basis of the grievance and the ▇▇▇▇▇▇▇ section or sections of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step immediate supervisor shall be respond in writing within ten (10) working work days of the date receipt of the occurrence giving rise written grievance C. Stage Three If the grievance is not resolved at Stage Two, the ESP and Association may appeal the decision of the immediate supervisor in writing to the grievance, or District Superintendent within ten (10) working work days of when receipt of the written decision of the immediate supervisor. The District Superintendent shall schedule a conference with the employee or and the Union, through Association within ten (10) work days to discuss the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor grievance and shall provide a written answer to the grievant with a copy to the Union respond in writing within 10 working ten (10) work days of the meeting. The answer shall include the reasons for the decisionconference. Step 2: D. Stage Four If the grievance is not satisfactorily resolved at the preceding stepStage Three, the grievant(s) or the Union or both may refer it Association shall submit to the Chief of Police by filing the grievance in writing Superintendent within 10 working twenty (20) work days of receipt of the answer from Step 1 orin Stage Three, if no answer is received, within 10 working days a written request on behalf of the time that grievance to enter into binding arbitration. Arbitration proceedings shall be conducted by an arbitrator to be selected from a roster of arbitrators provided by the answer was dueAmerican Arbitration Association. Expenses for the arbitrator's services will be borne equally by the District and the Association. The Chief will arrange for a meeting arbitrator's decision shall be binding on all parties. The arbitrator shall not amend or modify any of the provisions of this Agreement. The arbitrator's authority shall be strictly limited to deciding only the issue or issues presented to him in writing by the School District and the Association and shall be based solely on the wording of this Agreement. The Board acknowledges the right of the ESP to request the Association's grievance representative to be held within 10 working days present at any level of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. ‌ The party asserting a grievance may attempt to resolve the problem through informal communication with the immediate supervisor. The parties may agree to bypass any step of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally present the grievance in writing to the department supervisor who will arrange for a meeting to be held within . Within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working school days of the date of the occurrence giving rise to the grievancetime a grievance arises, or within ten (10) working school days of when the employee or the Union, through the use of reasonable diligence, grievance should reasonably have known become known, the CHESS Association member will present the grievance to his/her immediate supervisor. Free and informal communications are encouraged. Within ten (10) school days after the presentation of the occurrence grievance, the supervisor shall give his/her written answer orally to the griever. At the request of the event giving rise to grieved, the grievance. The supervisor griever shall provide submit a written answer to the grievant with a copy to the Union within 10 working days “Statement of the meeting. The answer shall include the reasons for the decisionGrievance. Step 2: . If the grievance is not satisfactorily resolved at the preceding stepin Step 1, the grievant(s) grievant or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is receivedCHESS Association representative may, within ten (10) working school days of receipt of the Step 1 answer (written or oral), submit to the building principal, or if the grievance is a District issue, to the Director of Human Resources, a written “Statement of Grievance” signed by the employee. Within ten (10) school days of the time that receipt of the answer was dueStep 2 grievance, the building principal/Director of Human Resources shall hold a Step 2 grievance conference. The Vice President or designee will arrange for a meeting to be held within 15 working Within ten (10) school days of such referral to review the grievanceStep 2 grievance conference, the building principal/Director of Human Resources shall issue a written Step 2 grievance answer. Step 3. The Vice President will provide reasonable notice If the grievance is not resolved in Step 2, the grievant or the CHESS Association may, within fifteen (15) school days of the Step 2 grievance conference, submit a Step 3 grievance to the Field Representative and the ▇▇▇▇▇▇▇ Superintendent. Within ten (10) school days of the meeting date and timereceipt of the Step 3 grievance, the Superintendent, and/or other representatives of the Board, shall hold a Step 3 grievance conference. The Union Within ten (10) school days of the Step 3 grievance conference, the Superintendent shall issue a written Step 3 grievance answer. Step 4. If a satisfactory disposition of the grievance is not made as a result of the conference provided for in Step 3 above, either the Board or the CHESS Association shall have the right to include appeal the dispute to final and binding arbitration under and in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to accordance with the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days Voluntary Labor Arbitration Rules of the meeting American Arbitration Association. Such appeal must be taken within thirty (30) days from the date of the conference provided for in this paragraph. If Step 3 above unless a longer time is jointly agreed upon between the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1parties.

Appears in 1 contract

Sources: Negotiation Agreement

Procedures. The party asserting parties hereto acknowledge that it is usually most desirable for an employee and the employee's immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, a local association member may accompany the employee to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the Association, a grievance may attempt to resolve the problem through informal communication with the immediate supervisor. be processed as follows: 3.2.1 Step 1 - The parties may agree to bypass any step of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally present the grievance must be presented in writing to the department supervisor who will arrange for a meeting to be held within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violatedimmediately involved supervisor, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence event giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief who will arrange for a meeting to be held take place within 10 five (5) working days after the receipt of such referral to review the grievance. The Chief will provide reasonable notice Association's representative (optional), the grievant, and the immediately involved supervisor shall be present for the meeting. Within five (5) working days of the meeting, the grievant and the Association shall be provided with the supervisor's written response, including the reason(s) for the decision. 3.2.2 Step II - If the grievance is not resolved at Step I then the employee, or the Association, may refer the grievance to the Field Representative and superintendent or the ▇▇▇▇▇▇▇ superintendent's official designee within five (5) working days after receipt of the meeting date and timeStep I answer. The Union superintendent shall arrange with the Association representative for a meeting to take place within five (5) working days of the superintendent's receipt of the appeal. Each party shall have the right to include in its presentation representation such witnesses and materials counselors as it deems necessary to develop facts pertinent to the grievancenecessary. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten Within five (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (105) working days of the time that meeting, the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), Association shall be provided with the superintendent's written response, including the reason(s) for the decision. 3.2.3 Step III - If the Association is not satisfied with the disposition of the grievance at Step II, the Association may submit the grievance to the grievant(s) with a copy to the Union within Panhandle Community Unit District #2 Board of Education. The Board will have ten (10) working calendar days to resolve the grievance. 3.2.4 Step IV - If the Association is not satisfied with disposition of the grievance at Step III, the Association may submit the grievance to final and binding arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association. The parties may use AAA, FMCS, or a mutual selection to determine an arbitrator. If a demand for arbitration is not filed within thirty (30) days of the meeting provided date for in this paragraph. If the Step III answer, then the grievance arises from a decision shall be deemed withdrawn. 3.2.4.1 Neither the Board of Education nor the Association shall be permitted to assert any grounds or action at evidence before the Vice President’s level, arbitrator which has not previously been disclosed to the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1other party.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. ‌ The party asserting A. Any grievance must be filed within ten (10) days of the aggrieved act or it shall be deemed forever waived by the grievant. B. Since it is important that a grievance be processed as rapidly as possible, the number of days indicated at each level should be considered a maximum, and every effort should be made to expedite the process. C. In the event a grievance is filed on or after the closing of the school year, which, if left unresolved until the beginning of the following school year, could result in irreparable harm to a party in interest, the parties agree to make a good faith effort to reduce the time limits set forth herein so that the grievance procedure may attempt be exhausted as soon as is practicable. D. Nothing herein contained will be construed as limiting the right of any grievant having a grievance to resolve discuss the problem through informal communication matter informally and confidentially with any appropriate member of the administration, and having the grievance adjusted without intervention of the Association; provided the adjustment is not inconsistent with the immediate supervisorterms of this grievance procedure. E. Any aggrieved person may be represented at all stages of the grievance procedure by himself/ herself, or, at the grievant’s option, by a representative selected or approved by the Association. The parties may agree In any event the Association shall have a right to bypass any step have a representative present and to state its views at all stages of the grievance procedure. Step 1: F. Oral Informal Discussion with Principal or Immediate Supervisor A grievant with a grievance must first discuss it informally with the principal or where the grievant is not under the direct supervision of a principal, with the grievant’s immediate supervisor. The principal/immediate supervisor shall prepare a written memo of the discussion noting the date of the aggrieved act, the date the complaint was first made and the date of the discussion with the grievant. The principal/immediate supervisor shall forward a copy of this memo to the Executive Director of Human Resources. G. Level One - Written Formal Grievance to Principal If the informal process aggrieved party is not satisfied with the disposition of the grievance by the principal or immediate supervisor, the grievant may file a written grievance with the principal/immediate supervisor fails on forms provided by the School District and the Association within five (5) days of the informal conference or ten (10) days of the aggrieved act, whichever is longer. The principal shall communicate the decision in writing to resolve all parties in interest within five (5) days after receipt of the problemgrievance. The decision shall include supporting reasons therefor. H. Level Two - Executive Director of Human Resources Within five (5) days of receipt of the decision rendered by the principal/immediate supervisor, any party in interest may appeal the principal’s/immediate supervisor’s decision to the Executive Director ofHumanResourcesonformsprovidedbytheSchoolDistrictandtheAssociation.The appeal shall include a copy of the Level One decision and the grounds for regarding the decision as incorrect. Within five (5) days of receipt of the appeal, the grievant(sExecutive Director of Human Resources shall communicate a decision in writing to all parties in interest. The decision shall include supporting reasons therefor. I. Level Three - Superintendent Within five (5) days of receipt of the decision rendered by the Executive director of Human Resources, any party in interest may appeal the Director’s decision to the Superintendent, or designee, on forms provided by the Union SchoolDistrictandtheAssociation.Theappealshallinclude a copy of the decisions of Level One and Level Two and the grounds for regarding the decision as incorrect. Within ten (10) days after receipt of the appeal, the Superintendent, or both designee, shall communicate the decision in writing to all parties in interest. The decision shall include supporting reasons therefor. J. Level Four - Board of Education Within five (5) days of receipt of the decision rendered by the Superintendent, any party in interest may formally present appeal the Superintendent’s decision to the Board of Education on forms provided by the School District and the Association. The appeal shall include a copy of decisions of Level One, Level Two, Level Three and the grounds for regarding the decision as incorrect. Within ten (10) days after receipt of the appeal, the Board of Education shall set a hearing for the grievance and shall forward written notice of the time and place of the hearing to all parties in interest. Within fifteen (15) days of hearing of the appeal, the Board of Education shall communicate its decision in writing to all parties in interest. The decision shall include supporting reasons therefor. The decision of the Board of Education shall be final. K. Failure at any step of this procedure to communicate the decision in writing on a grievance within the specified time limits shall permit any party in interest 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. L. No reprisals of any kind will be taken by the Board of Education or any member of the administration against any party in interest or any other party involved directly or indirectly in the grievance procedure. M. All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the permanent central office files of the participants. N. Forms for processing grievances will be printed by the Board of Education and the Association and given appropriate distribution by the parties so as to facilitate operation of the grievance procedure. O. Every effort will be made by all parties to avoid interruption of classroom activities and to avoid the involvement of students in all phases of the grievance procedure. P. If in the judgment of the Executive Director of Human Resources and the Association, a grievance affects a group or class of teachers, the Association may submit such grievance in writing to the department supervisor who will arrange for a meeting to be held within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative Superintendent directly and the ▇▇▇▇▇▇▇ processing of the meeting date and time. The formal written grievance shall clearly identify all be commenced at Level Three. Q. All parties in interest are required to exhaust the grievance procedure set forth in this article before seeking alternative remedies. R. If any party in interest elects to pursue any legal or statutory remedy for any grievance, such election will bar any further or subsequent proceedings for relief under the provisions of this Agreement which are alleged to have been violated, and describe the remedy which procedure. S. It is being sought. The filing appropriate at each level of the formal written grievance process to determine whether such grievance is a proper grievable item as defined herein. If at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If any level it is determined that the grievance is not satisfactorily resolved at a proper grievable item, then that determination should be noted in the preceding stepdecision rendered. This Agreement, and all items agreed on pursuant to this Agreement, when adopted and signed by both parties, shall remain in effect for so long as the grievant(s) or Association is recognized as the lawful representative of the certified personnel of the Union School District or until modified by the parties in writing. Either party desiring changes in this Agreement shall notify the other party in writing at least thirty (30) days prior to any regular meeting of the negotiations committee. Any changes in this Agreement must be made by a majority consent of both may refer it the Board and Association. If any provision or application of this Agreement shall be found contrary to law, such provision or application shall have effect only to the Chief extent permitted by law. Adopted Negotiated Policy, 3-12-73 Revised Negotiated Policy, 12-5-88 Revised Negotiated Policy, 8-14-95 Revised Negotiated Policy, 10-14-02 Revised Negotiated Policy, 6-19-03 Revised Negotiated Policy, 8-29-05 Revised Negotiated Policy, 5-14-07 Revised Negotiated Policy, 8-27-07 Revised Negotiated Policy, 8-11-08 Revised Negotiated Policy, 11-14-11 * Includes the district portion of Police by filing single health, dental, vision, life, short-term disability and long-term disability. ** Represents the grievance in writing within 10 working days of receipt qualified Oklahoma certification step and can be different from the district step. Only the qualified Oklahoma certification step can be utilized for the TRS credit. *** The State Flexible Benefit Allowance-A is $69.72 per month ($69.72 x 12 = $836.64/year). One half of the answer from Step 1 or, if no answer monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. **** The State Flexible Benefit Allowance-B is received, within 10 working days $449.48 per month ($449.48 x 12 = $5,393.76/year). One half of the monthly amount ($224.74) to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. SFBA-B is only available to employees who participate in one of the district's group health insurance plans. * Includes the district portion of single health, dental, vision, life, short-term disability and long-term disability. ** Represents the qualified Oklahoma certification step and can be different from the district step. Only the qualified Oklahoma certification step can be utilized for the TRS credit. *** The State Flexible Benefit Allowance-A is $69.72 per month ($69.72 x 12 = $836.64/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. **** The State Flexible Benefit Allowance-B is $449.48 per month ($449.48 x 12 = $5,393.76/year). One half of the monthly amount ($224.74) to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. SFBA-B is only available to employees who participate in one of the district's group health insurance plans. * Includes the district portion of single health, dental, vision, life, short-term disability and long-term disability. ** Represents the qualified Oklahoma certification step and can be different from the district step. Only the qualified Oklahoma certification step can be utilized for the TRS credit. *** The State Flexible Benefit Allowance-A is $69.72 per month ($69.72 x 12 = $836.64/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. **** The State Flexible Benefit Allowance-B is $449.48 per month ($449.48 x 12 = $5,393.76/year). One half of the monthly amount ($224.74) to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. SFBA-B is only available to employees who participate in one of the district's group health insurance plans. * Includes the district portion of single health, dental, vision, life, short-term disability and long-term disability. ** Represents the qualified Oklahoma certification step and can be different from the district step. Only the qualified Oklahoma certification step can be utilized for the TRS credit. *** The State Flexible Benefit Allowance-A is $69.72 per month ($69.72 x 12 = $836.64/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. **** The State Flexible Benefit Allowance-B is $449.48 per month ($449.48 x 12 = $5,393.76/year). One half of the monthly amount ($224.74) to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. SFBA-B is only available to employees who participate in one of the district's group health insurance plans. * Includes the district portion of single health, dental, vision, life, short-term disability and long-term disability. ** Represents the qualified Oklahoma certification step and can be different from the district step. Only the qualified Oklahoma certification step can be utilized for the TRS credit. *** The State Flexible Benefit Allowance-A is $69.72 per month ($69.72 x 12 = $836.64/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. **** The State Flexible Benefit Allowance-B is $449.48 per month ($449.48 x 12 = $5,393.76/year). One half of the monthly amount ($224.74) to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. SFBA-B is only available to employees who participate in one of the district's group health insurance plans. 0 34,000 34,000 985.92 60.15 69.72 449.48 1 34,375 34,510 985.92 103.41 69.72 449.48 2 34,750 34,891 985.92 145.65 69.72 449.48 3 35,125 35,274 985.92 188.15 69.72 449.48 4 35,500 35,659 985.92 233.33 69.72 449.48 5 35,900 36,044 985.92 278.76 69.72 449.48 6 36,300 36,577 985.92 325.26 69.72 449.48 7 36,700 39,513 985.92 372.82 69.72 449.48 8 37,100 40,639 985.92 421.44 69.72 449.48 9 37,500 41,172 985.92 471.12 69.72 449.48 10 39,625 41,673 985.92 521.87 69.72 449.48 11 40,050 41,828 985.92 573.67 69.72 449.48 12 40,475 42,602 985.92 626.54 69.72 449.48 13 40,900 43,056 985.92 680.48 69.72 449.48 14 41,325 43,464 985.92 735.47 69.72 449.48 15 41,750 43,943 985.92 791.53 69.72 449.48 16 42,175 44,804 985.92 848.65 69.72 449.48 17 42,600 46,066 985.92 906.83 69.72 449.48 18 43,025 46,448 985.92 966.07 69.72 449.48 19 43,450 46,829 985.92 1,026.38 69.72 449.48 20 43,875 47,187 985.92 1,087.75 69.72 449.48 21 44,300 48,663 985.92 1,150.18 69.72 449.48 22 44,725 48,765 985.92 1,213.68 69.72 449.48 23 45,150 49,303 985.92 1,278.23 69.72 449.48 24 45,575 49,685 985.92 1,343.85 69.72 449.48 25 46,000 49,983 985.92 1,410.53 69.72 449.48 26 46,000 51,247 985.92 1,410.53 69.72 449.48 27 46,000 51,630 985.92 1,410.53 69.72 449.48 28 46,000 52,013 985.92 1,410.53 69.72 449.48 29 46,000 52,396 985.92 1,410.53 69.72 449.48 30 46,000 52,620 985.92 1,410.53 69.72 449.48 31 46,000 55,515 985.92 1,410.53 69.72 449.48 32 46,000 55,898 985.92 1,410.53 69.72 449.48 33 46,000 56,281 985.92 1,410.53 69.72 449.48 34 46,000 56,638 985.92 1,410.53 69.72 449.48 35 46,000 57,905 985.92 1,410.53 69.72 449.48 * Includes the district portion of single health, dental, vision, life, short-term disability and long-term disability. ** Represents the qualified Oklahoma certification step and can be different from the district step. Only the qualified Oklahoma certification step can be utilized for the TRS credit. *** The State Flexible Benefit Allowance-A is $69.72 per month ($69.72 x 12 = $836.64/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. **** The State Flexible Benefit Allowance-B is $449.48 per month ($449.48 x 12 = $5,393.76/year). One half of the monthly amount ($224.74) to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. SFBA-B is only available to employees who participate in one of the district's group health insurance plans. Salary-Payments Employee pay shall be per placement on the salary schedule. Payment will be on a semi-monthly (twice a month) basis commencing September and ending in August. Payment of July and August earnings will be available on or around the close of the fiscal year. Adopted Negotiated Policy, 8-26-91 Revised Negotiated Policy, 7-22-98 Revised Negotiated Policy, 8-30-99 Revised Negotiated Policy, 8-18-00 Revised Negotiated Policy, 8-28-01 Revised Negotiated Policy, 10-14-02 Revised Negotiated Policy, 6-19-03 Revised Negotiated Policy, 5-14-07 Revised Negotiated Policy, 8-11-08 Stipend Non-recurring, one-time that 2011-2012 funds have been accrued through employees’conscientious efforts to control spending and to collect revenue due to the answer was duedistrict. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice accrued funds were allocated to the Field Representative UCTA, USPA and administrator/associate employee groups. Any stipend paid to any employee eligible for membership in the ▇▇▇▇▇▇▇ of bargaining unit from the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), 2011-2012 fiscal year funds shall be provided paid for that fiscal year only. In addition, any stipend paid to any employee eligible for membership in the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer bargaining unit from the Chief or, if no answer is received, within ten (10) working days 2011-2012 fiscal year shall NOT be included in the definition of the time that the answer was due. The Vice President “salary” or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include “salary level” or “benefits” or “compensation” in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision determining any employee’s salary or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1.salary level or benefits or compensation under any statute

Appears in 1 contract

Sources: Master Contract

Procedures. The party asserting parties hereto acknowledge that it is usually most desirable for an employee and his or her immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany him or her to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the Association, a grievance may attempt to resolve the problem through informal communication with the immediate supervisor. be processed as follows: A. The parties may agree to bypass any step of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) employee or the Union or both Association may formally present the grievance in writing to the department supervisor who will arrange for a meeting to be held writing, within ten twenty-one (1021) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance, to the immediately involved supervisor, which grievance shall state the part, article, section and clause of this Agreement alleged to be violated, misrepresented or misapplied and which grievance shall further state the remedy which is sought. The immediately involved supervisor shall provide a written answer to will arrange with the grievant with and, if requested, the Association’s representative, for a copy meeting to take place within seven (7) days of the Union within 10 working receipt of the grievance. Within seven (7) days of the meeting. The answer , the grievant and the Association shall include be provided with the reasons for the decision.supervisor’s written response Step 2: B. If the grievance is not satisfactorily resolved at Step 1.2.A, then the preceding step, the grievant(s) grievant or the Union or both Association may refer it the grievance to the Chief of Police by filing the grievance in writing Superintendent or his officially designated representative within 10 working seven (7) days of after receipt of the Step 1.2.A answer from or within fourteen (14) days after the Step 1 or1.2.A meeting, whichever is later. The Superintendent shall arrange with the grievant and, if no answer is receivedrequested, within 10 working days of the time that the answer was due. The Chief will arrange Association representative, for a meeting to be held take place within 10 working seven (7) days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ Superintendent’s receipt of the meeting date and timeappeal. The Union Each party shall have the right to include in its presentation representation such witnesses and materials counsel as it deems necessary to develop facts pertinent to necessary. Within seven (7) days of the grievance. A written answermeeting, including reason(s), the grievant and the Association shall be provided to with the grievant(s), Superintendent’s written response. C. If the Association is not satisfied with a copy to the Union, within 10 working days disposition of the meeting provided for in this paragraph. grievance at Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), 1.2.B. or the Union, or both, may refer it to time limits expire without the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt issuance of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A Superintendent’s written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s levelreply, the grievance may be initiated at Step 3submitted to final and binding arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association, provided it which shall act as the Administrator of the proceedings. If a demand for arbitration is not filed within thirty (30) days of the time limit prescribed in date for Step 1.2.B., then the grievance shall be deemed withdrawn. 1. Neither the grievant nor the Association shall be permitted to assert any grounds or evidence before the Arbitrator which were not previously disclosed to the immediately involved supervisor and the Superintendent. Similarly, neither the Board nor its Superintendent shall be permitted to assert any grounds or evidence before the Arbitrator which were not previously disclosed to the grievant or the Association. 2. The Arbitrator shall have no power to alter the terms of this Agreement. 3. Each party will pay its own costs of representation and the cost of a transcript of the arbitration proceedings, if requested.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. The party asserting parties hereto acknowledge that it is usually most desirable for a Teacher and the Teacher's immediately involved supervisor to resolve problems through free and informal communications. When requested by the Teacher, an Association representative may accompany the Teacher to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the Teacher or the Association, a grievance may attempt be processed as follows: 1. Step 1 - A grievance must be presented within thirty (30) days after the parties become aware of the occurrence that gives rise to resolve the problem through informal communication with the immediate supervisorgrievance. The parties may agree to bypass any step of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) Teacher or the Union or both Association may formally present the grievance in writing to the department supervisor immediately involved supervisor, who will arrange for a meeting to be held take place within ten five (105) working days to review after receipt of the grievance. The Supervisor will provide reasonable notice to Association's representative, the Field Representative grievant and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step immediately involved supervisor shall be within ten present for the meeting. Within five (105) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer , the grievant and the Association shall include be provided with the supervisor's written response, including the reasons for the decision. 2. Step 2: 2 - If the grievance is not satisfactorily resolved at Step 1, then the preceding step, Association may refer the grievant(s) grievance to the Superintendent or the Union or both may refer it to the Chief of Police by filing the grievance in writing Superintendent's official designee within 10 working fifteen (15) days of after receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was dueanswer. The Chief will Superintendent shall arrange with the Association representative for a meeting to be held take place within 10 working five (5) days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ Superintendent's receipt of the meeting date and timeappeal. The Union Each party shall have the right to include in its presentation representation such witnesses and materials counselors as it deems necessary to develop facts pertinent to necessary. Within five (5) days of the grievance. A written answermeeting, including reason(s), the Association shall be provided to with the grievant(s)Superintendent's written response, with a copy to including the Union, within 10 working days of reasons for the meeting provided for in this paragraphdecision. 3. Step 3: 3 - If the grievance is not satisfactorily resolved at Step 2, then the preceding step, the grievant(s), or the Union, or both, Association may refer it the grievance to the Vice President for Administrative Affairs, Board of Education. The Board shall consider this item at a regular or designee, by filing the same in writing special meeting within ten fourteen (1014) working days of receipt of the answer after notification from the Chief or, if no Association that the Step 2 answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative unacceptable and the ▇▇▇▇▇▇▇ of the reason therefore. This meeting date shall be conducted in executive session and time. The Union each party shall have the right to include in its presentation representation such witnesses and materials counselors as it deems necessary to develop facts pertinent to necessary. Within five (5) days of the grievance. A written answermeeting, including reason(s), the Association shall be provided to with the grievant(s) Board's written response, including the reasons for the decision. 4. Step 4 - If the Association is not satisfied with a copy to the Union within ten (10) working days disposition of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it the Association may submit the grievance to final and binding arbitration through the Federal Mediation and Conciliation Service (FMCS), which shall act as the administrator of the proceedings. If a demand for arbitration is not filed within thirty (30) days of the time limit prescribed in date for the Step 13 answer, then the grievance shall be deemed withdrawn. a. Neither the Board nor the Association shall be permitted to assert any grounds or evidence before the arbitrator which was not previously disclosed to the other party. b. The arbitrator shall have no power to alter the terms of this Agreement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. The party asserting number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process. The failure of an employee of the Union to act on any grievance within the prescribed time limits shall constitute a waiver of the alleged grievance and will act as a bar to further appeal. An administrator's failure to give a decision within the prescribed time limits shall permit the grievant to proceed to the next step. The time limits may be extended by mutual consent. It is agreed that any investigation or other handling or processing of any grievance by the grieving employee or their representative, shall be conducted so as to result in no interference with or interruption whatsoever of the duties and related work activities of the grieving employee or of any other employee. The employer shall solely determine whether an interference has occurred under this paragraph. STEP 1: An attempt shall be made to resolve any grievance under this Article orally, through an informal discussion between the grievant and his/her immediate supervisor. If requested by the alleged aggrieved employee, a representative may be present at the informal discussion. Grievance shall be presented within five (5) working days of the date of occurrence of the event giving rise to the grievance or the grievance shall be considered waived. The immediate supervisors shall within five (5) days notify the employee of their decision. The County Conference Board shall be notified by certified mail of all grievances filed. STEP 2: If the grievance is not resolved informally at the first step, the aggrieved employee shall file the grievance in writing with the Department Head within five (5) working days of the response of the immediate supervisors. The written grievance shall state the nature of the grievance, spelling out the specific clause or clauses of the Agreement which have been allegedly violated, misinterpreted, or misapplied, and shall state the remedy requested, and the date of the alleged violation. Within five (5) working days after the Department Head received the written grievance, a meeting shall be held, at a mutually agreeable time and place, with the aggrieved employee and his/her representative, to discuss and attempt to resolve the problem through informal communication with the immediate supervisoralleged grievance. The parties may agree to bypass any step of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally present the grievance in writing Department Head shall render a written decision to the department supervisor who will arrange for a meeting to be held aggrieved employee and the Union, within ten (10) working days following the meeting. STEP 3: In the event that the grievance has not been satisfactorily resolved in the second step, the grievance may be appealed, within five (5) working days of the receipt of the written decision, to review the County Conference Board, or their designee. The Board of Supervisors or their designee shall, within fifteen (15) days, respond to the grievance in writing to the employee and the Union. The parties may by mutual Agreement and within five (5) days following the receipt of the written appeal to the County Conference Board, schedule a meeting to discuss the grievance. The Supervisor will provide reasonable notice County Conference Board or their designee shall respond in writing to the Field Representative employee and Union, within ten (10) days following the ▇▇▇▇▇▇▇ meeting. Grievance must be taken up promptly and awards and settlements thereof shall in no case be retroactive beyond the date on which the grievance was first presented in written form. STEP 4: Grievances not settled under the preceding steps shall be submitted to binding arbitration, at the written request of the meeting date employee and timeUnion. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe Requests must be received by the remedy which is being sought. The filing of the formal written grievance at this step shall be Employer within ten (10) working days of the receipt of the written response by the Employer to step three. Within five (5) working days from the date of the occurrence giving rise receipt of the written request for arbitration, the Employer and the aggrieved employee and the Union shall meet and either mutually agreed upon an arbitrator or jointly petition the Iowa Public Employment Relations Board to submit a list of five (5) arbitrators. Within seven (7) days after receipt of the list by parties, they shall meet and by the flip of a coin determine which party shall strike the first name on the list. They shall alternately strike names and the person whose name is left shall be the appointed arbitrator. The decision of the arbitrator shall be limited to the grievancesubject matter of the grievance and shall be restricted solely to interpretation and application of the terms of the Agreement where the alleged violation occurred. The arbitrator shall have no power to add to, subtract from or modify in part or in whole, the terms or intent of any other part of this Agreement. Both parties shall share equally the costs and expenses of the arbitration proceedings, including transcript fees and fees of the arbitrator. Each party, however, shall be responsible for their own expenses of witnesses, representatives, attorney fees etc. Any employee found by the grievance procedure to have been wrongly disciplined, suspended, or within ten (10) working days discharged, shall be entitled to reinstatement of when seniority and payment for time lost, provided however, that such payment shall take into account any penalty which it is determined would have been justified under the circumstances with an arbitration award. The Union may find initially that the employee or does not have a grievance and all review by the Union shall cease. The employee and the Employer shall be notified immediately. Any employee, not a member of the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right at any time to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent present his/her grievance to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), Employer for adjustment with a copy to or without intervention of the Union, within 10 working days as long as such adjustment is not inconsistent with the terms of his Agreement. WAGE PLAN - ARTICLE 21 A. The WAGE PLAN for the terms of this Agreement shall be those listed in Appendix "A" and "B". B. New employees other than seasonal, shall serve a six (6) month probationary period, and shall be hired at the minimum rate for the position. C. Check-off for Credit Union: The Employer agrees to deduct from member's paycheck authorized deductions for General Drivers Credit Union. Same will be remitted to the Treasurer of the meeting Union as provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was dueabove. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1.RULES AND REGULATIONS - ARTICLE 22

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 7.3.1 The number of days indicated at each level of this procedure shall be considered maximum and every effort shall be made to expedite the process. 7.3.2 Grievance proceedings shall not be conducted in accordance with the rules of civil procedure. 7.3.3 If the College fails to comply in writing or with its time limit requirements as set forth under any of the procedure steps, the grievance shall be considered automatically appealed to the next level of the procedure. 7.3.4 If the grievant fails to comply with the grievant’s time limit requirements, as set forth under any of the procedure’s steps, the grievance shall be considered null and void. 7.3.5 The time limits set forth herein may be extended provided the extension has been mutually agreed upon in writing by the parties. 7.3.6 A grievance shall not be considered unless the grievant initiates the grievance no later than twenty 20 DAY s after the grievant knew or reasonably should have known of the alleged violation that precipitated the grievance. 7.3.7 No reprisal or retaliation shall be taken against any person who participates in this procedure. 7.3.8 A grievant may be accompanied and represented by one Union representative and the charged-party asserting may be represented by a person of the charged-party’s choice at any hearing or meeting conducted under this procedure. 7.3.9 An employee, acting individually, may present a grievance may attempt without the intervention of the Union, provided the grievance has been processed in accordance with this procedure. The grievant shall be responsible for notifying the Union in writing that a grievance is being filed. At any hearing or meeting related to resolve a grievance brought individually by an employee, the problem through informal communication Union shall be notified by the grievant of the hearing in advance and afforded the opportunity to be present and make its views known. Any adjustment made shall be consistent with the immediate supervisorprovisions of this Agreement. 7.3.10 All documents related to a grievance shall be maintained in a separate grievance file. The parties may agree to bypass any This provision does not include disciplinary actions and/or documents that are the subject of a grievance. 7.3.11 Grievances shall be processed at times other than during an employee’s scheduled class time or times when there is a school or department meeting or an Academic Affairs or College-wide meeting where attendance is mandatory. 7.3.12 All decisions shall be submitted in writing at each step of the grievance procedureprocedure and the decision shall be submitted to both the grievant and the Union. Step 1: 7.3.13 Grievances shall be filed on forms provided by the College – and shall be attached hereto. 7.3.14 The parties shall maintain confidentiality for all grievance proceedings and for documents required by law to be kept confidential. If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) a grievant or the Union violates this provision, this action will be a waiver by the grievant or both Union of any confidentiality right the grievant may formally present the grievance in writing to the department supervisor who will arrange for a meeting to be held within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which that is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise related to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it 7.3.15 The parties to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within mutually agree to toll the procedure’s time limit prescribed limits in Step 1accordance with sub-paragraph 7.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. 17.3.1 The party asserting a grievance may attempt number of days indicated at each level of this procedure shall be considered maximum and every effort shall be made to resolve expedite the problem through process. 17.3.2 Grievance proceedings shall be kept informal communication with the immediate supervisor. The parties may agree to bypass any step at all levels of the grievance this procedure. Step 1: 17.3.3 If the informal process Institute fails to comply in writing or with its time limit requirements as set forth under any of the procedure steps, the grievance shall be considered automatically appealed to the next level of the procedure. 17.3.4 If the grievant fails to comply with the immediate supervisor fails to resolve grievant’s time limit requirements as set forth under any of the problemprocedure’s steps, the grievant(s) or grievance shall be considered null and void. 17.3.5 The time limits set forth herein may be extended provided the Union or both may formally present extension has been mutually agreed upon in writing by the parties. 17.3.6 A grievance shall not be considered unless the grievant initiates the grievance in writing to the department supervisor who will arrange for a meeting to be held within no later than ten (10) working days to review after the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ grievant knew or reasonably should have known of the meeting date action which precipitated the grievance and time. The formal written grievance shall clearly identify all provisions contains, at a minimum, what contractual provision(s) of this Agreement which are collective bargaining agreement is alleged to have been violated, and describe the remedy which is being sought. The filing of facts constituting the formal written grievance at this step shall be within ten (10) working days of alleged violation, the date of the occurrence incident giving rise to the grievance, grievance and the relief requested. 17.3.7 No reprisal or within ten (10) working days of when retaliation shall be taken against any person who participates in this procedure. 17.3.8 A grievant may be accompanied and represented by the employee or Federation and the Union, through the use of reasonable diligence, should reasonably have known charged party may be represented by a person of the occurrence party’s choice at any hearing or meeting conducted under this procedure. 17.3.9 The parties agree to make good faith efforts to exchange information in order to expedite the process. 17.3.10 An employee, acting individually, may present a grievance without the intervention of the event giving rise to Federation provided the grievancegrievance has been processed in accordance with this procedure. The supervisor grievant shall provide be responsible for notifying the Federation in writing that a written answer grievance is being filed. At any hearing or meeting related to a grievance brought individually by an employee, the Federation shall be notified by the grievant with a copy to the Union within 10 working days of the meetinghearing in advance and afforded the opportunity to be present and make its views known. The answer Any adjustment made shall include be consistent with the reasons for the decisionprovisions of this Agreement. Step 2: 17.3.11 If the a grievance is not satisfactorily resolved at the preceding step, the grievant(s) affects a group of two or the Union more employees or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from involves a decision or action at by the Vice President’s levelInstitute which has a departmental or Institute-wide impact, the Federation may submit the grievance on behalf of the affected employees at Level 2 of this procedure. The parties may submit this grievance at Level 1 if the affected employees have the same supervisor. 17.3.12 All documents related to a grievance shall be initiated maintained in a separate grievance file. This provision does not include disciplinary actions and/or documents that are the subject of a grievance. 17.3.13 Unless otherwise agreed to by the parties, grievances shall be processed at Step 3times other than during scheduled workload hours. 17.3.14 Except for informal decisions at Level 1, provided it is all decisions shall be submitted in writing at each step of the grievance procedure and the decision shall be submitted to both the grievant and the Federation. 17.3.15 Grievances shall be filed within on forms approved by the time limit prescribed in Step 1parties. 17.3.16 The parties shall maintain confidentiality for all grievance proceedings and for documents required by law to be kept confidential.

Appears in 1 contract

Sources: Part Time Faculty Contract

Procedures. ‌ The party asserting Level 1: Principal or immediate supervisor (Informal). An employee with a grievance may attempt to resolve shall first discuss the problem through informal communication grievance with the principal or immediate supervisor, with the object of resolving the matter informally. Level 2: Principal or immediate supervisor (Formal). If the grievance camiot be resolved informally, the grievant may file the grievance in writing, with the building principal or immediate supervisor. The parties may agree to bypass any step of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally present the grievance in writing to the department supervisor who will arrange for a meeting to be held within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all state the nature of the grievance, the specific provisions of this the Agreement which are alleged to have been allegedly violated, and describe the remedy which is being soughtrelief requested. The filing of the formal formal, written grievance at this step shall level two must be within ten twenty (1020) working days of from the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievancegrievance or from the date when the grievant could reasonably have become aware of such occurrence. The building principal or immediate supervisor shall provide make a written answer decision on the grievance and communicate it in writing to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative employee and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days after receipt of the grievance, provided at the request of the building principal or immediate supervisor, a meeting shall be held with the grievant to discuss such grievance, in which event the building principal or immediate supervisor shall have additional time to respond. Such additional time shall not exceed fifteen (15) days from receipt of the grievance or ten (10) days from the date of the meeting, if held, whichever shall be the lesser. Level 3: hi the event a grievance has not been satisfactorily resolved at the second level, the grievant may file, within ten (10) days of the principal's or immediate supervisor's written decision at the second level, a copy of the grievance with the Executive Director of Human Resources or designee. Within seven (7) days after such written grievance is filed, the grievant and the Executive Director of Human Resources or designee shall meet to consider the grievance. The Executive Director of Human Resources or designee shall file an answer within ten (10) days of such meeting provided for and communicate it in this paragraphwriting to the employee and the Union. Level 4: If the grievance arises from a decision or action is not resolved satisfactorily at the Vice President’s levellevel three, the grievance may be initiated submitted to impartial, binding arbitration. To enter such arbitration, the Union shall submit a written request on behalf of the Union and the grieving employee(s) to the Executive Director of Human Resources or designee within thirty (30) days from receipt of the level three answer. The arbitrator shall be selected by the two parties within seven (7) days after said notice is given. If the two parties fail to reach agreement on an arbitrator, within seven (7) days the Public Employment Relations Board shall be requested to provide a panel of at Step 3least five (5) arbitrators, provided it is filed within from which a selection shall be made in accordance with these practices: The Union shall request a list of five (5) arbitrators from the time limit prescribed Public Employment Relations Board. The arbitrator shall be selected by the two parties using an alternating strike-through process, with the first strike-through determined by a coin toss and repeating the process until one arbitrator remains. The costs for the services of the arbitrator, and the cost of the hearing room shall be borne equally by the school district and the Union. Expenses relating to either party's representatives or witnesses, and other expenses incurred by either party in Step 1presenting its case shall be borne by each party. A transcript or recording shall be made of the hearing at the request of either party; however, the party requesting the copy of the transcript or recording shall pay for such copy. The arbitrator so selected shall hold hearing(s) unless such liearing(s) are waived, and shall issue her/his decision not later than twenty (20) days from the date of the close of the hearing(s) unless mutually extended by both the District and the Union. The arbitrator, in his/her decision, shall not amend, modify, nullify, ignore or add to the provisions of the Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her, and his/her decision must be based solely and only upon his/her interpretation of the meaning or application of the expressed relevant language of the Agreement. The decision of the arbitrator shall be final and binding on the parties.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. ‌ The party asserting a grievance may An attempt shall be made to resolve the problem through informal communication with the any grievance in informal, verbal discussion between complainant and his/her immediate supervisor. The parties may agree to bypass any step of the grievance procedure. Step (1) First Step: If the informal process with the immediate supervisor fails to resolve the problemgrievance cannot be resolved informally, the grievant(s) or the Union or both may formally present aggrieved Teacher shall file the grievance in writing to on an official grievance form. The written grievance should state the department supervisor who will arrange for a meeting to be held within ten (10) working days to review nature of the grievance. The Supervisor will provide reasonable notice to , should note the Field Representative and the ▇▇▇▇▇▇▇ specific clause or clauses of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been agreement allegedly violated, and describe should state the remedy which is being soughtrequested. The filing of the formal written grievance at this the first step shall must be within ten (10) working days of from the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor principal or other administrator who has authority to make a decision on the grievance shall provide a written answer make such decision and communicate it in writing to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative Teacher and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing Superintendent within ten (10) working days. (2) Second Step: In the event a grievance has not been satisfactorily resolved at the first step, the aggrieved Teacher shall file, within five (5) school days of receipt the principal's written decision or answer at the first step, a copy of the grievance with the Superintendent. Within ten (10) school days after such written grievance is filed, the aggrieved, a representative of the aggrieved when requested by the grievant, the Principal and the Superintendent, or his/her designee, shall meet to resolve the grievance. The Superintendent, or his/her designee, shall file an answer from the Chief or, if no answer is received, within ten (10) working school days of the time that the answer was due. The Vice President or designee will arrange for a second step grievance meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice and communicate it in writing to the Field Representative Teacher, the Principal, and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(sFederation. (3) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. Third Step: If the grievance arises from a decision or action cannot be settled at the Vice President’s levelsecond step, the grievance may shall be initiated at Step 3submitted to the Board within five (5) school days. The Board hearing will be placed on the next regularly scheduled Board meeting, provided it there is filed a minimum of five (5) days from the appeal to the Board meeting. The aggrieved, acting independently or through the Federation, may present a written brief to the Board and may request an oral hearing on the grievance, which will be granted at the discretion of the Board. If granted, the hearing will be conducted by the full Board or by a subcommittee of the Board with authority to decide the grievance, as the Board may designate. The decision on the grievance first presented in a third step grievance meeting, whether upon hearing or otherwise shall be made by the Board at a regular or special Board meeting within 45 days from the time limit prescribed in Step 1third step grievance meeting. (4) In the event a grievance has not been satisfactorily resolved at the third step, the aggrieved Teacher acting independently or through the Federation may, within 30 school days, submit the grievance to arbitration under the rules of the American Arbitration Association. The arbitrator shall follow the standard rules of the A.A.A., and his/her decision shall be binding on all parties only as applied to the terms and conditions of this agreement.

Appears in 1 contract

Sources: Negotiated Agreement

Procedures. The party asserting parties acknowledge that it is usually most desirable for a teacher and the teacher's immediate supervisor to resolve problems through informal and free communications. If, however, the informal process fails to satisfy the teacher, a grievance may attempt to resolve be processed in the problem through informal communication following manner and the grievant may be accompanied by a representative of choice. The teacher or the Association shall file the grievance in writing with the immediate supervisor, who shall certify by signature the date the grievance was received. The parties may agree to bypass any step written grievance shall state the nature of the grievance procedure. Step 1: If grievance, shall note the informal process with specific clause or clauses of the immediate Agreement which are applicable, and shall state the remedy requested. The supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally present the grievance in writing to the department supervisor who will shall arrange for a meeting to be held take place with the grievant within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ after receipt of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide make a written answer decision on the grievance and communicate it in writing to the grievant with a copy to and the Union Superintendent within 10 working five (5) days of the meeting. The answer shall include In the reasons for event a grievance has not been satisfactorily resolved at Step One, the decision. grievant or the Association may present the grievance within ten (10) days to the Superintendent who will follow the same provisions as established in Step 2: One. If the grievance is not satisfactorily resolved at the preceding stepStep Two, the grievant(s) or the Union or both Association, at its discretion, may refer it submit to the Chief Superintendent a written request on behalf of Police by filing the grievance in writing Association and the grievant to enter into binding arbitration. If a demand for binding arbitration is not filed within 10 working twenty (20) days of receipt of the answer Step Two decision, then the grievance shall be deemed withdrawn. Arbitration proceedings shall be conducted by an arbitrator to be selected by the two parties from Step 1 ora roster of arbitrators provided by the American Arbitration Association. Within seven (7) days after the Association requests binding arbitration, if no answer is received, within 10 working days the two parties will request the American Arbitration Association provide a panel of seven (7) arbitrators. Each of the two parties will alternately strike one name at a time that from the answer was duepanel until only one name shall remain. The Chief will arrange remaining name shall be the arbitrator. Expenses for a meeting to the arbitrator's services shall be held within 10 working days of such referral to review borne equally by the grievanceDistrict and the Association. The Chief will provide reasonable notice decision of the arbitrator shall be final and binding on the parties. The arbitrator, in his opinion, shall not amend, modify, nullify, ignore, or add to the Field Representative provisions of the Agreement. The arbitrator's authority shall be strictly limited to deciding only the issue or issues presented to him in writing by the District and the ▇▇▇▇▇▇▇ Association, and his decision must be based solely and only upon his interpretation of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days meaning or application of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt expresses relevant language of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1Agreement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. The party asserting number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process. The failure of an employee of the Union to act on any grievance within the prescribed time limits shall constitute a waiver of the alleged grievance and will act as a bar to further appeal. An administrator's failure to give a decision within the prescribed time limits shall permit the grievant to proceed to the next step. Time limits may be extended by mutual consent. It is agreed that any investigation or other handling or processing of any grievance by the grieving employee or their representative, shall be conducted so as to result in no interference with or interruption whatsoever of the duties and related work activities of the grieving employee or of any other employee. The employer shall solely determine whether an interference has occurred under this paragraph. STEP 1: An attempt shall be made to resolve any grievance under this Article orally, through an informal discussion between the grievant and his/her immediate supervisor. STEP 2: If the grievance is not resolved informally at the first step, the aggrieved employee shall file the grievance in writing with the Department Head within five (5) working days of the response of the immediate supervisors. The written grievance shall state the nature of the grievance, spelling out the specific clause or clauses of the Agreement which have been allegedly violated, misinterpreted, or misapplied, and shall state the remedy requested, and the date of the alleged violation. Within five (5) working days after the Department Head received the written grievance, a meeting shall be held, at a mutually agreeable time and place, with the aggrieved employee and his/her representative, to discuss and attempt to resolve the problem through informal communication with the immediate supervisoralleged grievance. The parties Department Head shall render a written decision to the aggrieved employee and the Union, within ten (l0) working days following the meeting. STEP 3: In the event that the grievance has not been satisfactorily resolved in the second step, the grievance may agree to bypass any step be appealed, within five (5) working days of the grievance procedure. Step 1: If receipt of the informal process with written decision, to the immediate supervisor fails Board of Supervisors, or their designee. The Board of Supervisors or their designee shall, within fifteen (15) days, respond to resolve the problem, the grievant(s) or the Union or both may formally present the grievance in writing to the department supervisor who will arrange for employee and the Union. The parties may by mutual Agreement and within five (5) days following the receipt of the written appeal to the Board of Supervisors, schedule a meeting to be held discuss the grievance. The Board of Supervisors or their designee shall respond in writing to the employee and Union, within ten (10) working days following the meeting. Grievance must be taken up promptly and awards and settlements thereof shall in no case be retroactive beyond the date on which the grievance was first presented in written form. STEP 4: Grievances not settled under the preceding steps shall be submitted to review binding arbitration, at the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ written request of the meeting date employee and timeUnion. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe Requests must be received by the remedy which is being sought. The filing of the formal written grievance at this step shall be Employer within ten (10) working days of the receipt of the written response by the Employer to step three. Within five (5) working days from the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 orwritten request for arbitration, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative Employer and the ▇▇▇▇▇▇▇ of aggrieved employee and the meeting date and time. The Union shall have meet and either mutually agree upon an arbitrator or jointly petition the right Iowa Public Employment Relations Board to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievancesubmit a list of five (5) arbitrators. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working Within seven (7) days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of after receipt of the answer from list by parties, they shall meet and by the Chief or, if no answer flip of a coin determine which party shall strike the first name on the list. They shall alternately strike names and the person whose name is received, within ten (10) working days left shall be the appointed arbitrator. The decision of the time that the answer was due. The Vice President or designee will arrange for a meeting to arbitrator shall be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice limited to the Field Representative and the ▇▇▇▇▇▇▇ subject matter of the meeting date grievance and time. shall be restricted solely to interpretation and application of the terms of the Agreement where the alleged violation occurred. A. The Union WAGE PLAN for the terms of this Agreement shall have the right to include be those listed in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s)Appendix "A". B. New employees other than seasonal, shall serve a six (6) month probationary period, and shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action hired at the Vice President’s level, minimum rate for the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1position.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. ‌ The party asserting a grievance may 1. In order to limit the number of formal grievances and maintain the best possible employee/management relationships, any aggrieved person(s) shall discuss their concerns informally with the appropriate first level supervisors before proceeding with the formal procedure outlined below. An attempt shall be made by all parties involved to resolve the matter informally and at the lowest supervisory level possible. 2. If informal attempts to resolve the problem through informal communication with the immediate supervisor. The parties may agree to bypass any step of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problemare unsuccessful, the grievant(s) or following process shall be available for utilization by the Union or both may formally present the aggrieved provided that such grievance in writing to the department supervisor who will arrange for a meeting to shall be held filed within ten (10) working days to review of its occurrence. 3. Grievances shall be submitted in writing on forms prepared by the grievanceemployer and available upon request from the superintendent’s office. All grievance forms must be properly completed and signed by all aggrieved persons and their respective bargaining unit representative. The Supervisor following steps will provide reasonable notice be utilized in the formal grievance process. However, in order to expedite certain grievances, a step or steps may be waived by mutual agreement of the parties involved. Step (1) Person(s) initiating the alleged grievance shall present the grievance to the Field Representative and respective building principal or to the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be elementary principal within ten (10) working days of its occurrence. The principal shall reply to the grievance within five (5) days after initial presentation of the grievance. Step (2) If the action of Step (1) fails to resolve the grievance to the satisfaction of the aggrieved, the grievance may be referred to the assistant superintendent within five (5) days. The assistant superintendent shall reply to the grievance within five (5) days after receipt of the grievance. Step (3) If the action of Step (2) fails to resolve the grievance to the satisfaction of the aggrieved, the grievance may be referred to the superintendent within five (5) days. The superintendent shall reply to the grievance within five (5) days of the date receipt of the occurrence giving rise grievance. Step (4) If the action of Step (3) fails to resolve the grievance to the grievancesatisfaction of the aggrieved, or the grievance may be referred to the board of education through the secretary to the board within five (5) days. The board of education will strive to reply to the grievance within twenty (20) days of its receipt by the board secretary. However, no board response will be delayed beyond the regularly scheduled board meeting that occurs at least twenty (20) days after receipt of the grievance by the secretary. Step (5) If the action of Step (4) fails to resolve the grievance to the satisfaction of the aggrieved, the grievance may be processed, with the consent of the Association, for binding arbitration by completion of the proper forms within ten (10) working days in accordance with Section 903 of when Act 195. However, the employee or the Union, through the use of reasonable diligence, should reasonably have known authority of the occurrence of the event giving rise arbiter shall be limited only to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days language of the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraphcollective bargaining agreement. If the grievance arises from a decision or action at fails to meet the Vice President’s levelcriteria of Section 903 of Act 195, the grievance may be initiated at Step 3, provided it is filed within decision of the time limit prescribed board of education in Step 1(4) shall be final.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. The party asserting a grievance may attempt parties hereby acknowledge that it is usually most desirable for an employee and the employee’s immediately involved supervisor to resolve problems through free and informal communications. When requested by the problem through employee, an Association representative may accompany the employee to assist in the informal communication with the immediate supervisor. The parties may agree to bypass any step resolution of the grievance procedure. Step 1: If grievance. If, however, the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally present the grievance in writing to the department supervisor who will arrange for a meeting to be held within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when satisfy the employee or the UnionAssociation, through the use of reasonable diligence, should reasonably have known of a grievance may be processed as follows: ! Step I—Within twenty (20) days following the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) employee or the Union or both Association may refer it to the Chief of Police by filing present the grievance in writing within 10 working days of receipt of to the answer from Step 1 orimmediate supervisor, if no answer is received, within 10 working days of the time that the answer was due. The Chief who will arrange for a meeting to be held take place within 10 working ten (10) days after receipt of such referral to review the grievance. The Chief will provide reasonable notice written grievance shall include: 1) the factual basis for the grievance; 2) the provisions of this agreement which are alleged to have been violated or misapplied; and 3) a specific remedy requested. Within ten (10) days of the meeting, the grievant and the Association shall be provided with the immediate supervisor’s written response, including the reasons for the decision. ! Step II—If the grievance is not resolved at Step I, then the Association may refer the grievance to the Field Representative and Superintendent or the ▇▇▇▇▇▇▇ Superintendent’s official designee within ten (10) days after the receipt of the meeting date and timeStep I answer. The Union Superintendent or designee shall arrange with the Association representatives for a meeting to take place within ten (10) days of the Superintendent’s receipt of the appeal. Each party shall have the right to include in its presentation representation such witnesses and materials internal representatives as it deems necessary to develop the facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within Within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that meeting, the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), Association shall be provided with the Superintendent or designee’s written response, including the reasons for the decision. ! Step III—If the Association is not satisfied with the disposition of the grievance at Step II, the Association may submit the grievance to final and binding arbitration through the grievant(sAmerican Arbitration Association (“AAA”), which shall act as the administrator of the proceedings. If a demand for arbitration is not filed within twenty (20) with a copy to the Union within ten (10) working days of the meeting provided date for the Step II answer, then the grievance shall be deemed withdrawn. a. The arbitrator shall have no power to alter the terms of this Agreement nor to amend, modify, nullify, ignore or add to the provisions of this Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her in writing by the parties involved and his/her decision must be based solely and only upon his/her interpretation of the meaning or application of the express relevant language of this paragraphAgreement. b. The Board and the Association shall bear equally the costs of arbitration proceedings. All legitimate expenses incurred by the arbitrator and his/her fee shall be shared equally by the Board and the Association. Each party shall be responsible for compensating its own legal counsel, representatives and witnesses, if they are necessary to process the grievance. c. If either party requests a transcript of the proceedings, that party shall bear the full cost of that transcript. If the grievance arises from both parties order a decision or action at the Vice President’s leveltranscript, the grievance cost of the two transcripts shall be divided equally between the parties. If a copy of the transcript shall be furnished to the arbitrator, the cost of such shall be paid as part of the costs for the arbitration proceedings. d. All claims for back wages shall be limited to the amount of wages that an employee would have otherwise earned plus interest, less any state unemployment compensation or other salary s/he may be initiated at Step 3, provided it is filed within have earned on a replacement job during the time limit prescribed in Step 1period of back pay.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. ‌ The 1. All grievances shall include the name and position of the aggrieved party, a citation of the provision of the agreement involved in the said grievance, the time when and the place where the alleged events or conditions constituting the grievance existed, the identity of the party asserting responsible for causing the said events or conditions, if known to the aggrieved party, and a general statement of the nature of the grievance may attempt to resolve and the problem through redress sought by the aggrieved party. 2. Except for informal communication with the immediate supervisor. The parties may agree to bypass any decisions at Stage 1a, all decisions shall be rendered in writing at each step of the grievance procedureprocedures, setting forth findings of fact conclusions, and supporting reasons thereof. A copy of the decision at each stage shall be promptly transmitted to the aggrieved party and the Association President. Step 1: 3. If a grievance affects a group of teachers or appears to the informal process association to be connected with system-wide policies, it shall be submitted to the administrator with the immediate supervisor fails request that it be transmitted directly to resolve the problemSuperintendent. 4. The District and Association agree to facilitate any investigation which may be required and to make available all relevant documentation not regarded in law as restricted. This includes but is not limited to District logs as referred to in this agreement. 5. The preparation and processing of grievances shall be done as promptly as possible and at mutually accepted times. 6. An aggrieved party and any party of interest shall have the right at Stages 2 and 3 of a grievance to question all present, to testify and call witnesses on the parties own behalf, and to be furnished with a copy of any notes of the proceedings. 7. No interference, coercion, restraint, discrimination, or reprisal of any kind shall be exercised against any participant in the grievance procedures. 8. Necessary forms to implement all phases of the grievance procedure shall be developed and printed by the Association and the District. 9. All documentation dealing with the processing of a grievance shall be filed in a separate grievance file. 10. The grievant may choose a representative to accompany the grievant at all stages of the grievance procedure. At the opening informal stage, the grievant(s) or the Union or both representative may formally present the grievance in writing act as a witness but may not speak. 11. The Superintendent shall be responsible for maintaining an Official Grievance Record which shall consist of written grievances, exhibits, transcripts, any official notes and briefs. The Record shall be available to the department supervisor who will arrange for aggrieved party, the Association, and the Board of Education. 12. Official minutes shall be kept of all proceedings at Stage 2 and 3 and a meeting to be held within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice copy given to the Field Representative aggrieved party and the ▇▇▇▇▇▇▇ Association within five (5) days. 13. Nothing in this grievance procedure shall be construed as preventing a teacher from processing a grievance independent of the meeting date and timeAssociation. 14. The formal written A grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which be regarded as waived unless it is being sought. The filing of the formal written grievance at this step shall be submitted within ten thirty (1030) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of time when the employee aggrieved party knew or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decisionor condition on which it is based. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the 15. Unless all time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative limits and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s levelsteps are complied with, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1shall terminate.

Appears in 1 contract

Sources: Professional Agreement

Procedures. The party asserting parties acknowledge that it is usually most desirable for a teacher and the teacher’s immediate supervisor to resolve problems through informal and free communications. Therefore, before a grievance is filed, the claimant shall discuss the claim with the most immediate supervisor. If, however, the informal process fails to satisfy the teacher, a grievance may attempt to resolve be processed in the problem through informal communication following manner, and the grievant may be accompanied by a representative of choice: The teacher or the Association shall file the grievance in writing with the immediate supervisor, who shall certify by signature the date the grievance was received. This certification shall be witnessed by the grievant. The parties may agree to bypass any step written grievance shall state the nature of the grievance procedure. Step 1: If grievance, shall note the informal process with specific clause or clauses of the immediate Agreement which are applicable, and shall state the remedy requested. The supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally present the grievance in writing to the department supervisor who will shall arrange for a meeting to be held take place with the grievant within ten five (105) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ after receipt of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide make a written answer decision on the grievance and communicate it in writing to the grievant and the Superintendent with a copy to the Union within 10 working five (5) days of the meeting. The answer In the event the grievance has not been satisfactorily resolved at Step One, the grievant shall include file a copy of the grievance with the Grievance Committee of the Association within ten (10) days of receipt of the Step One written decision. If the Grievance Committee feels that the grievance has merit, the grievant shall file, within twenty (20) days of receipt of the Step One written decision, a copy of the grievance with the Superintendent. Within ten (10) days after receipt of the written appeal, the Superintendent shall respond in writing to the grievant and the Association Grievance Committee giving a decision, including reasons for if the decision. Step 2: appeal is denied. If the grievance is not satisfactorily resolved at the preceding stepStep Two, the grievant(s) or the Union or both grievance may refer it proceed to binding arbitration. The Association may submit to the Chief Superintendent a written request on behalf of Police by filing the grievance in writing Association and the grievant to enter into binding arbitration. If a demand for binding arbitration is not filed within 10 working thirty (30) days of receipt of the answer Step Two decision, then the grievance shall be deemed withdrawn. Arbitration proceedings shall be conducted by an arbitrator to be selected by the two parties through mutual selection or from Step 1 ora roster of arbitrators provided by the American Arbitration Association. Within seven (7) days after the Association requests binding arbitration, if no answer is received, within 10 working days the two parties will request the American Arbitration Association provide a panel of seven (7) arbitrators. Each of the two parties will alternately strike one name at a time that from the answer was duepanel until only one name shall remain. The Chief will arrange remaining name shall be the arbitrator. Expenses for a meeting to the arbitrator’s services shall be held within 10 working days of such referral to review borne equally by the grievanceDistrict and the Association. The Chief will provide reasonable notice decision of the arbitrator shall be final and binding on the parties. The arbitrator, in his or her opinion, shall not amend, modify, nullify, ignore or add to the Field Representative provisions of the Agreement. The arbitrator’s authority shall be strictly limited to deciding only the issue or issues presented to him or her in writing by the District and the ▇▇▇▇▇▇▇ Association and his or her decision must be based solely and only upon his or her interpretation of the meeting date and timemeaning or application of the expressed relevant language of the Agreement. The Union Board and the Association shall have the right not be permitted to include assert in its presentation such witnesses and materials as it deems necessary these arbitration procedures any grounds or to develop facts pertinent rely on any evidence not previously disclosed to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraphother party. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. The party asserting parties acknowledge that a teacher and an administrator may resolve problems through free and informal communications as long as the adjustment is not inconsistent with the terms of the collective bargaining agreement then in effect, provided the Bargaining Representative has been given an opportunity to be present at such adjustment. The informal disposition of problems in no way prohibits the Association from filing a grievance, nor does it establish a precedent. However, a grievance may attempt to resolve the problem through informal communication with the immediate supervisor. The parties may agree to bypass any step of the grievance procedure.shall be processed as follows: Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally I The grievant shall present the grievance in writing writing, signed, dated and specifying the remedy sought, to the department supervisor who administrator within (10) days of the occurrence, or date the grievant had knowledge of the occurrence, whichever is later, stating the Article and Section of the Agreement alleged to have been violated. The administrator will arrange for a meeting to be held take place within ten (10) working days to review of receipt of the grievance. Within ten (10) days of the meeting, the grievant shall be provided with the administrator’s written response, including reasons for the decision. Step II Failing to reach an amicable resolution at Step I, the grievant may request a hearing on the grievance with the Willow Grove Board of Education. The Supervisor will provide reasonable notice request for a Step II hearing with the Board of Education shall be submitted to the Field Representative and the ▇▇▇▇▇▇▇ Board of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be Education President within ten (10) working days of the date administrator’s written response at Step I, or the grievance shall be deemed to have been withdrawn. Within thirty (30) days of the occurrence giving rise request for a hearing, the Board of Education shall commence a meeting to hear the grievance, or within issue. Each party shall have the right to include in its representation such witnesses as it deems necessary. Within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer hearing, the grievant shall include be provided with the Board’s written response, including the reasons for the decision. Step 2: III If the grievance Association is not satisfactorily resolved satisfied with the disposition of the grievance at the preceding stepStep II, the grievant(s) or the Union or both Association may refer it to the Chief of Police by filing submit the grievance in writing within 10 working days of receipt to binding arbitration with the American Arbitration Association which shall act as the administrator of the answer from Step 1 or, if no answer proceedings. If a demand for arbitration is received, not filed with the Board within 10 working thirty (30) days of the time that date of the answer was dueStep II answer, then the grievance shall be deemed to have been withdrawn. A. The Arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The Chief will arrange arbitrator shall consider and decide only the specific issues submitted to him/her in writing, and his/her decision shall be based solely upon his/her interpretation of the meaning or application of the specific terms of this Agreement to the facts of the grievance presented. B. Each party shall bear the full costs for its representation in the grievance procedure. C. The fees and expenses of the arbitrator shall be shared equally by the parties. D. If only one party requests the presence of a meeting to be held within 10 working days court reporter; that party shall bear the cost of the reporter. If both parties request a court reporter, they shall share the costs. E. If only one party requests the postponement of an arbitration hearing, that party shall bear the cost of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraphpostponement. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. Stage I : The party asserting a grievance may attempt Grievant will discuss the matter with his/her immediate supervisor in an effort to resolve the problem through informal communication with the immediate supervisormatter informally. The parties may agree to bypass any step of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problemThereafter, the grievant(saggrieved party shall present his grievance signed and in writing, within fifteen (15) or the Union or both may formally present the grievance in writing to the department supervisor who will arrange for a meeting to be held within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working school days of the date of occurrence or the occurrence event giving rise to the grievance, or the date on which the event should reasonably have been known to the grievant. The grievance shall identify the aggrieved party, the provision of the Agreement, the time when and place where the alleged events or condition constituting the grievance exists or occurred, and, if known, the identity of the person responsible for causing such events or condition, and a general statement of the grievance and redress sought by the aggrieved party. The supervisor, or his representative, will meet with the grievant and/or his representative within five school days after receipt of the written grievance. The supervisor will deliver his written findings and determination within five school days after his/her meeting with the grievant, mailing or delivering a copy to the association president. Stage I I : If such a grievance is not resolved by Stage I, the aggrieved party may appeal in writing to the Superintendent within five (5) school days of his receipt of the Supervisor’s decision. The Superintendent, or his representative, shall meet with the aggrieved party and/or his representative within five (5) school days of the receipt of the appeal. The Superintendent shall deliver his written findings and determination within five (5) school days after his meeting with the grievant, mailing or delivering a copy to the Association President. Stage III: The grievant may, within five (5) school days after his receipt o f the Superintendent’s written decision, file his written notice of appeal with the President of the Board of Education and the Superintendent. The Board of Education shall hold a hearing within ten (10) working school days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor thereafter and shall provide a deliver its written answer to the grievant with a copy to the Union decision within 10 working five (5) school days of the meetinghearing. The answer shall include Stage IV: In the reasons for event that the decision. Step 2: If Board elects not to review the grievance at Stage III or if the Association or the Grievant is not satisfactorily resolved satisfied with the Board determination at the preceding stepStage III, the grievant(s) Association or the Union or both Board may refer it to the Chief of Police by filing the grievance elect arbitration. Such requests shall be made in writing and be made within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working five (5) school days of the time that decision received in Stage III. Within five (5) school days of the answer was duerequest for arbitration, the parties shall meet to agree upon an arbitrator. The Chief will arrange If no arbitrator is mutually acceptable, a request shall be made to the Public Employment Relations Board (“PERB”) for a meeting to be held within 10 working days panel of such referral to review seven (7) arbitrators from which the grievance. The Chief will provide reasonable notice to the Field Representative Association and the ▇▇▇▇▇▇▇ of Superintendent or his designee shall alternately cross off one name until only one name remains, and such person shall be the meeting date and timearbitrator. The Union Either party shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, reject one panel within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten five (105) working calendar days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable thereof by notice to the Field Representative other party. The arbitrator chosen shall hold a hearing and determine the matter in accordance with the rules of the PERB and his award shall be binding on both parties. The costs of such arbitration shall be borne equally by the Board and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1Association.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. The party asserting parties acknowledge that and employee and an Administrator may resolve problems through free and informal communications. The informal disposition of problems in no way prohibits the Union from filing a grievance may attempt to resolve the problem through informal communication nor does it establish a precedent. However, a grievance shall be processed as follows: Informal Conference A complaint shall first be discussed with the immediate supervisorobject of resolving the matter informally. The parties may agree to bypass any step of In the grievance procedure. Step 1: If event the informal process with matter is resolved informally between the complainant and the immediate supervisor fails to resolve the problem, the grievant(s) principal or supervisor shall inform the Union or both may formally President of the adjustment. A. Step I The grievant shall present the grievance in writing writing, signed, dated and specifying the remedy sought, to the department supervisor who immediately involved administrator within ten (10) days of the occurrence, or date the grievant had knowledge of the occurrence, whichever is later, stating the Article and Section of the Agreement alleged to have been violated. The administrator will arrange for a meeting to be held take place within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise receipt to the grievance. The supervisor Union's representative, the grievant, and the immediately involved administrator shall provide a written answer to be present for the grievant with a copy to the Union within 10 working meeting. Within ten (10) days of the meeting. The answer , the grievant and the Union shall include be provided with the administrator's written response, including the reasons for the decision. B. Step 2: II If the grievance is not satisfactorily resolved at the preceding stepStep I, the grievant(s) Union shall refer the grievance to the Superintendent or the Union or both may refer it to the Chief of Police by filing the grievance in writing Superintendent's official designee within 10 working ten (10) days of after receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was dueI answer. The Chief will Superintendent shall arrange with the Union representative for a meeting to be held take place within 10 working ten (10) days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ Superintendent's receipt of the meeting date and timeappeal. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working Within ten (10) days of the meeting the Union shall be provided with the Superintendent's written response, including the reasons for in this paragraphthe decision. C. Step 3: III If the grievance is not satisfactorily resolved at the preceding stepStep II, the grievant(s), Union shall refer the grievance to the School Board or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing Board's official designee within ten (10) working days of after receipt of the answer from Step II answer. Subject to the Chief orapproval of the Board, if no answer is received, the Board shall arrange with the Union representative for a meeting to take place within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ Board's receipt of the meeting date and timeappeal. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within Within ten (10) working days of the meeting the Union shall be provided with the Board's written response, including the reasons for in this paragraphthe decision. D. Step IV If the Union is not satisfied with the disposition of the grievance at Step III, the Union may submit the grievance to final and binding arbitration with FMCS (Federal Mediation & Conciliation Service), which shall act as the administrator of the proceedings. If a demand for arbitration is not filed with the Board within thirty (30) days of the date of the Step III answer, then the grievance arises from a decision shall be deemed withdrawn. 1. Neither the Board nor the grievant shall be permitted to assert grounds or action at evidence before the Vice President’s level, arbitrator which was not previously disclosed to the other party. 2. The arbitrator shall have no power to alter the terms of this Agreement. 3. Each party shall bear the full costs for its representation in the grievance may procedure. 4. The fees and the expenses of the arbitrator shall be initiated at Step 3shared equally by the parties. 5. If only one party requests the presence of a court reporter, provided it is filed within that party shall bear the time limit prescribed in Step 1cost of the reporter. If both parties request a court reporter, they shall share the cost equally. 6. If only one party requests the postponement of an arbitration hearing, that party shall bear the cost of such postponement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. ‌ The party asserting Any administrator shall have the right to present his/her grievance through the steps described in the following paragraphs with assured freedom from restraint, interference, coercion, discrimination or reprisal and shall be entitled to appear at the appeal level. 1. Any administrator who has a grievance may shall first orally advise his or her immediate supervisor of its existence within twenty (20) calendar days after its occurrence. The supervisor shall meet with the administrator within fourteen (14) calendar days in an attempt to resolve the problem through informal communication grievance at this level. Within fourteen (14) calendar days after discussion, the supervisor shall orally make known his or her decision to the administrator. 2. If the grievance is not resolved to the satisfaction of the administrator at the level of Step 1, the administrator may appeal, within seven (7) calendar days, to the Superintendent of Schools in a written statement setting forth specific details and specific grounds on which the grievance is based and attaching all pertinent documents. The Superintendent shall confer with the immediate supervisorparties concerned together or separately within seven (7) calendar days. The parties Superintendent shall render a decision within fourteen (14) calendar days of such occurrence. A written statement of the decision and the supporting reasons shall be sent to the aggrieved and the supervisor. 3. If the grievance is not resolved at Step 2 to the satisfaction of the administrator, said administrator may agree request a review by the Board of Education. This request shall be made in writing through the Superintendent of Schools, who shall attach all related documents and forward the request to bypass any step the Board. The Board shall review the case, shall hold a hearing with the administrator, if requested by the administrator, and shall render a decision in writing within twenty-one (21) calendar days of receipt of the grievance procedureby the Board at a regular or special meeting. Copies of the decision of the Board shall be sent to the aggrieved and to the Superintendent of Schools. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally present the 4. A grievance in writing which remains unresolved to the department supervisor who will arrange for a meeting satisfaction of the Association after the Board has rendered its decision may be submitted to be held arbitration within ten (10) working calendar days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of following receipt of the answer Board’s decision. The arbitrator shall be chosen from Step 1 ora list of names provided by the New Jersey Public Employment Relations Commission. Arbitration shall begin as quickly as possible, depending upon the availability of an arbitrator. Copies of the arbitrator’s binding decision shall be sent to: (1) the aggrieved; (2) the Board; (3) the Superintendent of Schools; and (4) the Association. 5. The arbitrator shall be limited to the issues submitted to him by the parties and shall be without power or authority to alter, amend or modify the terms of this Agreement. In addition, the arbitrator shall be without power or authority to make any decision which requires the commission of acts prohibited by law or which violates the terms of this Agreement. In formulating his decision, the arbitrator shall adhere to the statutory law of New Jersey and to pertinent decisions of the Commissioner of Education, the State Board of Education and the Courts. 6. The cost for the services of the arbitrator including per diem expenses, if no answer is receivedany, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date actual and time. The Union shall have the right to include in its presentation such witnesses necessary travel and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), subsistence expenses shall be provided to borne equally by the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative Board and the ▇▇▇▇▇▇▇ of the meeting date and timeAssociation. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), Any other expenses incurred shall be provided to paid by the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1party incurring same.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. A. The party asserting a grievance may attempt to resolve bargaining unit member will discuss orally with his/her immediate supervisor the problem through informal communication with the immediate supervisor. The parties may agree to bypass any step of alleged grievance. B. If the grievance procedure. Step 1: If is not resolved by the informal process with oral discussion, the unit member or his/her association representative will reduce the grievance to writing and present it to the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally present the grievance in writing to the department supervisor who will arrange for a meeting to be held within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of following the occurrence giving rise to the grievance. The immediate supervisor will respond in writing within five (5) working days after receipt of the written grievance. Step 2 Any grievance not resolved in Step 1 shall be presented in writing, signed by the aggrieved party or his/her representative, and presented to the next appropriate higher level of supervision within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of regular workdays following the occurrence of the event giving rise to the grievance. The Within five (5) workdays after receipt of the written grievance, this supervisor shall meet with the employee, Unit President or designee and shall, within five (5) workdays after the meeting, provide a written answer to the grievant employee with a copy to the Union Unit President. Any grievance not resolved in Step 2 shall be presented to the Superintendent or designee within 10 working days three (3) workdays of the receipt of the Step 2 answer. Within ten (10) workdays after the receipt of the grievance, the Superintendent or designee shall meet with the grievant or his/her designee and the Field Representative. A written answer shall be provided by the Superintendent or designee within five (5) workdays of the Step 3 meeting. The answer shall include Upon mutual agreement of the reasons for Association and the decisionDistrict, any grievance affecting the entire unit or bargaining unit members in more than one building may be filed directly to the Superintendent or designee within ten (10) regular workdays following the occurrence giving rise to the grievance. Step 2: A. If the grievance is not satisfactorily resolved at the preceding stepin Step 3, the grievant(semployee with the approval of the Executive Committee of the Association, may, within thirty (30) or days from the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or3 answer, if no answer is received, within 10 working days submit the grievance to the American Arbitration Association for arbitration in accordance with its voluntary labor arbitration rules. B. The fees and expenses of the arbitrator shall be shared equally by the parties. Each party shall be responsible for its own expenses for preparation, legal counsel, records, witnesses, and other costs necessary to arbitration. C. The decision of the arbitrator shall be final and binding on all parties. D. Unless the grievance is raised and appealed within the time that limits set forth herein, which may be extended only by written consent of both the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative District and the ▇▇▇▇▇▇▇ Association, it shall be deemed that there has been a waiver of the meeting date and time. The Union shall have the right to include in its presentation such witnesses arbitration and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), matter shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraphclosed. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. ‌ The party asserting A. In the event that a grievant believes there is a basis for a grievance, the grievant may first discuss the alleged grievance with his/her principal or other appropriate supervisor either personally or accompanied by his/her Association representative. B. Any employee may attempt present his/her grievance to resolve the problem through informal communication District and have such grievance adjusted without the intervention of the Association, as long as the Association has been given an opportunity to be present at that adjustment and to make its views known, and as long as the adjustment is not inconsistent with the immediate supervisorterms of this Agreement. C. If the grievance is not resolved in A or B above, formal grievance procedures may be instituted. STEP 1. The parties grievant may agree to bypass any step 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 procedureform shall be delivered to the principal or appropriate supervisor. If the grievance involves more than one (1) school building, it may be filed with the Superintendent or a representative designated by the Superintendent. A grievance must be filed within twenty (20) days of the occurrence or knowledge of the event of which he/she complains. Step 1: STEP 2. If the informal process grievant is not satisfied with the immediate supervisor fails to resolve disposition of the problemgrievance, the grievant(sgrievance shall be transmitted to the Superintendent within five (5) or days. Within ten (10) days upon receipt the STEP 3. If the Union or both may formally present grievant is not satisfied with the disposition of the grievance by the superintendent, the grievance shall be transmitted to the Chairman of the School Board within five (5) days. Within ten (10) days upon receipt the Board shall meet with the grievant and his/her Association representative on the grievance and shall indicate the disposition of the grievance in writing within five (5) days of such meeting, and shall furnish a copy thereof to the department supervisor who will arrange for a meeting grievant(s) and to the Association. STEP 4. If the grievant is not satisfied with the disposition of the grievance by the Board, the grievance, only at the option of the Association, may be held submitted before an impartial arbitrator. The Association shall exercise its rights of arbitration by giving the Superintendent written notice of its intention to arbitrate within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days written disposition of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraphBoard. If the grievance arises parties cannot agree to the arbitrator within five (5) days from a decision or action at the Vice President’s levelnotification date that arbitration will be pursued, the grievance may arbitrator shall be initiated selected by the American Arbitration Association in accordance with its rules, which rules shall likewise govern the arbitration proceeding. The parties shall not be permitted to assert in such arbitration proceeding any ground rule or to rely on any evidence not presented at Step 3, provided it is filed within an earlier step. The decision of the time limit prescribed in Step 1arbitrator shall be final and binding upon both parties.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. ‌ The party asserting A. Any grievance must be filed within ten (10) days of the aggrieved act or it shall be deemed forever waived by the grievant. B. Since it is important that a grievance be processed as rapidly as possible, the number of days indicated at each level should be considered a maximum, and every effort should be made to expedite the process. C. In the event a grievance is filed on or after the closing of the school year, which, if left unresolved until the beginning of the following school year, could result in irreparable harm to a party in interest, the parties agree to make a good faith effort to reduce the time limits set forth herein so that the grievance procedure may attempt be exhausted as soon as is practicable. D. Nothing herein contained will be construed as limiting the right of any grievant having a grievance to resolve discuss the problem through informal communication matter informally and confidentially with any appropriate member of the administration, and having the grievance adjusted without intervention of the Association; provided the adjustment is not inconsistent with the immediate supervisorterms of this grievance procedure. E. Any aggrieved person may be represented at all stages of the grievance procedure by himself/ herself, or, at the grievant’s option, by a representative selected or approved by the Association. The parties may agree In any event the Association shall have a right to bypass any step have a representative present and to state its views at all stages of the grievance procedure. Step 1: F. Oral Informal Discussion with Principal or Immediate Supervisor A grievant with a grievance must first discuss it informally with the principal or where the grievant is not under the direct supervision of a principal, with the grievant’s immediate supervisor. The principal/immediate supervisor shall prepare a written memo of the discussion noting the date of the aggrieved act, the date the complaint was first made and the date of the discussion with the grievant. The principal/immediate supervisor shall forward a copy of this memo to the Executive Director of Human Resources. G. Level One - Written Formal Grievance to Principal If the informal process aggrieved party is not satisfied with the disposition of the grievance by the principal or immediate supervisor, the grievant may file a written grievance with the principal/immediate supervisor fails on forms provided by the School District and the Association within five (5) days of the informal conference or ten (10) days of the aggrieved act, whichever is longer. The principal shall communicate the decision in writing to resolve all parties in interest within ten (10) days after receipt of the problemgrievance. The decision shall include supporting reasons therefor. H. Level Two - Executive Director of Human Resources Within ten (10) days of receipt of the decision rendered by the principal/immediate supervisor, any party in interest may appeal the principal’s/immediate supervisor’s decision to the Executive Director of Human Resources on forms provided by the School District and the Association. The appeal shall include a copy of the Level One decision and the grounds for regarding the decision as incorrect. Within ten (10) days of receipt of the appeal, the grievant(sExecutive Director of Human Resources shall communicate a decision in writing to all parties in interest. The decision shall include supporting reasons therefor. I. Level Three - Superintendent Within ten (10) days of receipt of the decision rendered by the Executive Director of Human Resources, any party in interest may appeal the Director’s decision to the Superintendent, or designee, on forms provided by the Union School District and the Association. The appeal shall include a copy of the decisions of Level One and Level Two and the grounds for regarding the decision as incorrect. Within ten (10) days after receipt of the appeal, the Superintendent, or both designee, shall communicate the decision in writing to all parties in interest. The decision shall include supporting reasons therefor. J. Level Four - Board of Education Within ten (10) days of receipt of the decision rendered by the Superintendent, any party in interest may formally present appeal the Superintendent’s decision to the Board of Education on forms provided by the School District and the Association. The appeal shall include a copy of decisions of Level One, Level Two, Level Three and the grounds for regarding the decision as incorrect. Within ten (10) days after receipt of the appeal, the Board of Education shall set a hearing for the grievance and shall forward written notice of the time and place of the hearing to all parties in interest. Within fifteen (15) days of hearing of the appeal, the Board of Education shall communicate its decision in writing to all parties in interest. The decision shall include supporting reasons therefor. The decision of the Board of Education shall be final. K. Failure at any step of this procedure to communicate the decision in writing on a grievance within the specified time limits shall permit any party in interest 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. L. No reprisals of any kind will be taken by the Board of Education or any member of the administration against any party in interest or any other party involved directly or indirectly in the grievance procedure. M. All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the permanent central office files of the participants. N. Forms for processing grievances will be printed by the Board of Education and the Association and given appropriate distribution by the parties so as to facilitate operation of the grievance procedure. O. Every effort will be made by all parties to avoid interruption of classroom activities and to avoid the involvement of students in all phases of the grievance procedure. P. If in the judgment of the Executive Director of Human Resources and the Association, a grievance affects a group or class of teachers, the Association may submit such grievance in writing to the department supervisor who will arrange for a meeting to be held within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative Superintendent directly and the ▇▇▇▇▇▇▇ processing of the meeting date and time. The formal written grievance shall clearly identify all be commenced at Level Three. Q. All parties in interest are required to exhaust the grievance procedure set forth in this article before seeking alternative remedies. R. If any party in interest elects to pursue any legal or statutory remedy for any grievance, such election will bar any further or subsequent proceedings for relief under the provisions of this Agreement which are alleged to have been violated, and describe the remedy which procedure. S. It is being sought. The filing appropriate at each level of the formal written grievance process to determine whether such grievance is a proper grievable item as defined herein. If at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If any level it is determined that the grievance is not satisfactorily resolved at a proper grievable item, then that determination should be noted in the preceding stepdecision rendered. This Agreement, and all items agreed on pursuant to this Agreement, when adopted and signed by both parties, shall remain in effect for so long as the grievant(s) or Association is recognized as the lawful representative of the certified personnel of the Union School District or until modified by the parties in writing. Either party desiring changes in this Agreement shall notify the other party in writing at least thirty (30) days prior to any regular meeting of the negotiations committee. Any changes in this Agreement must be made by a majority consent of both may refer it the Board and Association. If any provision or application of this Agreement shall be found contrary to law, such provision or application shall have effect only to the Chief extent permitted by law. Adopted Negotiated Policy, 3-12-73 Revised Negotiated Policy, 12-5-88 Revised Negotiated Policy, 8-14-95 Revised Negotiated Policy, 10-14-02 Revised Negotiated Policy, 6-19-03 Revised Negotiated Policy, 8-29-05 Revised Negotiated Policy, 5-14-07 Revised Negotiated Policy, 8-27-07 Revised Negotiated Policy, 8-11-08 Revised Negotiated Policy, 11-14-11 Revised Negotiated Policy, 6-8-15 Revised Negotiated Policy, 6-12-17 BACHELOR'S State-Paid Monthly State Monthly State 0 31,600 34,000 993.84 60.15 35,054 594.90 69.72 1 31,975 34,390 993.84 103.41 35,487 594.90 69.72 2 32,350 34,781 993.84 145.65 35,920 594.90 69.72 3 32,725 35,171 993.84 188.15 36,353 594.90 69.72 4 33,100 35,562 993.84 233.33 36,789 594.90 69.72 5 33,500 35,990 993.84 278.76 37,263 594.90 69.72 6 33,900 36,427 993.84 325.26 37,746 594.90 69.72 7 34,300 36,863 993.84 372.82 38,230 594.90 69.72 8 34,700 37,300 993.84 421.44 38,715 594.90 69.72 9 35,100 37,737 993.84 471.12 39,202 594.90 69.72 10 35,950 38,116 993.84 521.87 39,632 594.90 69.72 11 36,375 38,598 993.84 573.67 40,166 594.90 69.72 12 36,800 39,080 993.84 626.54 40,700 594.90 69.72 13 37,225 39,563 993.84 680.48 41,237 594.90 69.72 14 37,650 40,045 993.84 735.47 41,774 594.90 69.72 15 38,075 40,558 993.84 791.53 42,343 594.90 69.72 16 38,500 41,090 993.84 848.65 42,932 594.90 69.72 17 38,925 41,622 993.84 906.83 43,523 594.90 69.72 18 39,350 42,154 993.84 966.07 44,114 594.90 69.72 19 39,775 42,686 993.84 1,026.38 44,706 594.90 69.72 20 40,200 43,298 993.84 1,087.75 45,380 594.90 69.72 21 40,625 43,930 993.84 1,150.18 46,074 594.90 69.72 22 41,050 44,561 993.84 1,213.68 46,769 594.90 69.72 23 41,475 45,193 993.84 1,278.23 47,465 594.90 69.72 24 41,900 45,825 993.84 1,343.85 48,163 594.90 69.72 25 42,325 46,026 993.84 1,410.53 48,430 594.90 69.72 26 42,325 46,426 993.84 1,410.53 48,830 594.90 69.72 27 42,325 47,226 993.84 1,410.53 49,630 594.90 69.72 28 42,325 48,026 993.84 1,410.53 50,430 594.90 69.72 29 42,325 48,826 993.84 1,410.53 51,230 594.90 69.72 30 42,325 49,626 993.84 1,410.53 52,030 594.90 69.72 31 42,325 50,626 993.84 1,410.53 53,030 594.90 69.72 32 42,325 50,626 993.84 1,410.53 53,030 594.90 69.72 33 42,325 50,626 993.84 1,410.53 53,030 594.90 69.72 34 42,325 51,626 993.84 1,410.53 54,030 594.90 69.72 35 42,325 51,626 993.84 1,410.53 54,030 594.90 69.72 36 42,325 51,626 993.84 1,410.53 54,030 594.90 69.72 37 42,325 52,626 993.84 1,410.53 55,030 594.90 69.72 38 42,325 52,626 993.84 1,410.53 55,030 594.90 69.72 39 42,325 52,626 993.84 1,410.53 55,030 594.90 69.72 40 42,325 53,626 993.84 1,410.53 56,030 594.90 69.72 41 42,325 53,626 993.84 1,410.53 56,030 594.90 69.72 * Teachers who obtained National Board Certifcation after June 30, 2013, will receive $1,000 added to base salary reflected on the salary schedule (except those teachers who applied for NBC prior to June 30, 2013, who are under the previous NBC bonus program). ** Includes the district portion of Police by filing single health ($17.76 X 24 = $426.24/year), dental ($16.47 X 24 = $395.28/year), vision ($.34 X 24 = $8.16/year), life ($1.70 X 24 = $40.80/year), short-term disability and long-term disability ($5.14 X 24 = $123.36/year) above state Flexible Benefit Allowance. *** Represents the grievance in writing within 10 working days of receipt qualified Oklahoma certification step and can be different from the district step. Only the qualified Oklahoma certification step can be utilized for the TRS credit. **** The State Flexible Benefit Allowance-A is $594.90 per month ($594.90 x 12 = $7138.80/year). One half of the answer from Step 1 or, if no answer monthly amount ($297.45) to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. SFBA-A is received, within 10 working days only available to employees who participate in the district's group health insurance plan. ***** The State Flexible Benefit Allowance-B is $69.72 per month ($69.72 x 12 = $836.64/year). One half of the time that the answer was due. The Chief will arrange for a meeting monthly amount to be held within paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. 0 31,600 34,500 993.84 60.15 35,554 594.90 69.72 1 31,975 34,890 993.84 103.41 35,987 594.90 69.72 2 32,350 35,281 993.84 145.65 36,420 594.90 69.72 3 32,725 35,671 993.84 188.15 36,853 594.90 69.72 4 33,100 36,062 993.84 233.33 37,289 594.90 69.72 5 33,500 36,490 993.84 278.76 37,763 594.90 69.72 6 33,900 36,927 993.84 325.26 38,246 594.90 69.72 7 34,300 37,363 993.84 372.82 38,730 594.90 69.72 8 34,700 37,800 993.84 421.44 39,215 594.90 69.72 9 35,100 38,237 993.84 471.12 39,702 594.90 69.72 10 working days 35,950 38,716 993.84 521.87 40,232 594.90 69.72 11 36,375 39,198 993.84 573.67 40,766 594.90 69.72 12 36,800 39,680 993.84 626.54 41,300 594.90 69.72 13 37,225 40,163 993.84 680.48 41,837 594.90 69.72 14 37,650 40,645 993.84 735.47 42,374 594.90 69.72 15 38,075 41,158 993.84 791.53 42,943 594.90 69.72 16 38,500 41,690 993.84 848.65 43,532 594.90 69.72 17 38,925 42,222 993.84 906.83 44,123 594.90 69.72 18 39,350 42,754 993.84 966.07 44,714 594.90 69.72 19 39,775 43,286 993.84 1,026.38 45,306 594.90 69.72 20 40,200 43,998 993.84 1,087.75 46,080 594.90 69.72 21 40,625 44,630 993.84 1,150.18 46,774 594.90 69.72 22 41,050 45,261 993.84 1,213.68 47,469 594.90 69.72 23 41,475 45,893 993.84 1,278.23 48,165 594.90 69.72 24 41,900 46,525 993.84 1,343.85 48,863 594.90 69.72 25 42,325 46,726 993.84 1,410.53 49,130 594.90 69.72 26 42,325 47,126 993.84 1,410.53 49,530 594.90 69.72 27 42,325 47,926 993.84 1,410.53 50,330 594.90 69.72 28 42,325 48,726 993.84 1,410.53 51,130 594.90 69.72 29 42,325 49,526 993.84 1,410.53 51,930 594.90 69.72 30 42,325 50,426 993.84 1,410.53 52,830 594.90 69.72 31 42,325 51,426 993.84 1,410.53 53,830 594.90 69.72 32 42,325 51,426 993.84 1,410.53 53,830 594.90 69.72 33 42,325 51,426 993.84 1,410.53 53,830 594.90 69.72 34 42,325 52,426 993.84 1,410.53 54,830 594.90 69.72 35 42,325 52,426 993.84 1,410.53 54,830 594.90 69.72 36 42,325 52,426 993.84 1,410.53 54,830 594.90 69.72 37 42,325 53,426 993.84 1,410.53 55,830 594.90 69.72 38 42,325 53,426 993.84 1,410.53 55,830 594.90 69.72 39 42,325 53,426 993.84 1,410.53 55,830 594.90 69.72 40 42,325 54,426 993.84 1,410.53 56,830 594.90 69.72 41 42,325 54,426 993.84 1,410.53 56,830 594.90 69.72 * Teachers who obtained National Board Certifcation after June 30, 2013, will receive $1,000 added to base salary reflected on the salary schedule (except those teachers who applied for NBC prior to June 30, 2013, who are under the previous NBC bonus program). ** Includes the district portion of such referral to review single health ($17.76 X 24 = $426.24/year), dental ($16.47 X 24 = $395.28/year), vision ($.34 X 24 = $8.16/year), life ($1.70 X 24 = $40.80/year), short-term disability and long-term disability ($5.14 X 24 = $123.36/year) above state Flexible Benefit Allowance. *** Represents the grievancequalified Oklahoma certification step and can be different from the district step. Only the qualified Oklahoma certification step can be utilized for the TRS credit. **** The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ State Flexible Benefit Allowance-A is $594.90 per month ($594.90 x 12 = $7138.80/year). One half of the meeting date monthly amount ($297.45) to be paid on a semi-monthly (twice per month) basis commencing and timeending with the negotiated salary-payment schedule. SFBA-A is only available to employees who participate in the district's group health insurance plan. ***** The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievanceState Flexible Benefit Allowance-B is $69.72 per month ($69.72 x 12 = $836.64/year). A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days One half of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting monthly amount to be held within paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. MASTER'S State-Paid Monthly State Monthly State 0 32,800 35,810 993.84 60.15 36,864 594.90 69.72 1 33,175 36,200 993.84 103.41 37,297 594.90 69.72 2 33,550 36,591 993.84 145.65 37,730 594.90 69.72 3 33,925 36,981 993.84 188.15 38,163 594.90 69.72 4 34,300 37,372 993.84 233.33 38,599 594.90 69.72 5 34,700 37,800 993.84 278.76 39,073 594.90 69.72 6 35,100 38,237 993.84 325.26 39,556 594.90 69.72 7 35,500 38,673 993.84 372.82 40,040 594.90 69.72 8 35,900 39,110 993.84 421.44 40,525 594.90 69.72 9 36,300 39,546 993.84 471.12 41,011 594.90 69.72 10 37,575 40,057 993.84 521.87 41,573 594.90 69.72 11 38,000 40,539 993.84 573.67 42,107 594.90 69.72 12 38,425 41,021 993.84 626.54 42,641 594.90 69.72 13 38,850 41,503 993.84 680.48 43,177 594.90 69.72 14 39,275 41,986 993.84 735.47 43,715 594.90 69.72 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1.39,700 42,498 993.84 791.53 44,283 594.90 69.72 16 40,125 43,030 993.84 848.65 44,872 594.90 69.72 17 40,550 43,562 993.84 906.83 45,463 594.90 69.72 18 40,975 44,094 993.84 966.07 46,054 594.90 69.72 19 41,400 44,626 993.84 1,026.38 46,646 594.90 69.72 20 41,825 45,437 993.84 1,087.75 47,519 594.90 69.72 21 42,250 46,069 993.84 1,150.18 48,213 594.90 69.72 22 42,675 46,701 993.84 1,213.68 48,909 594.90 69.72 23 43,100 47,332 993.84 1,278

Appears in 1 contract

Sources: Master Contract

Procedures. ‌ The party asserting a 1. Any grievance may attempt to resolve arising between the problem through informal communication with the immediate supervisor. The parties may agree to bypass any step of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) or Employer and the Union or both may formally any employee(s) represented by the Union shall be settled in the following manner: STEP 1. The aggrieved employee or employees must present the grievance in writing to the department first line supervisor who will arrange for a meeting to be held within ten (10) working days to review through the grievance. The Supervisor will provide reasonable notice to the Field Representative and the shop ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten five (105) working days after knowledge of the date grievance or the reason for the grievance has occurred. If a satisfactory settlement is not reached with the first line supervisor within three (3) working days, the grievance may be appealed to Step 2. STEP 2. The union business representative shall then take the matter up with a representative of the occurrence giving rise employer with authority to act upon such grievance. A decision must be made within five (5) working days. STEP 3. If no satisfactory settlement can be agreed upon, the matter may be referred to the grievance, or within ten (10) working days New Jersey State Mediation Service. After the New Jersey State Mediation Service submits a list of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy arbitrators to the Union and the Employer, they shall reply with their preferred selection within 10 working days the time limits set forth by the New Jersey Mediation Service. The Arbitrator shall not have the authority to amend or modify this Agreement or establish new terms or conditions under this Agreement. A mutual settlement of the meetinggrievance pursuant to the procedures set forth herein and/or a decision of the Arbitrator will be final and binding on all parties and the employees involved. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt expense of the answer from Step 1 or, if no answer is received, within 10 working days of Arbitrator selected or appointed shall be borne equally by the time that Employer and the answer was dueUnion. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union Local Union, or its authorized representative, shall have the right to include examine the time sheets and other records pertaining to the computation of compensation of any individuals whose pay is in dispute or records pertaining to a specific grievance. The procedures set forth herein may be invoked only by an authorized representative of the Employer or the Union. An appeal to arbitration shall be instituted in writing twenty (20) calendar days from the receipt of a decision at Step 2, then within twenty-five (25) calendar days from presenting the grievance at Step 2. Failure at any step of this procedure to appeal a grievance to the next step within this specified time limit shall be deemed to be an abandonment of such grievance and the decision rendered therein shall stand for the particular grievance. It is understood that employees shall, during and notwithstanding the pendency of any grievance, continue to observe all assignments, instructions, and applicable rules and regulations of the Township of Readington, or its presentation designee, until such witnesses grievance and materials any effect thereof shall have been fully determined. Failure at any step of this procedure to communicate the decision of the grievance within the specified time limits shall permit the aggrieved to proceed to the next step. However, a failure to render a decision shall not be considered as it deems necessary to develop facts pertinent an acquiescence to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. ‌ The party asserting a grievance may attempt ‌ 1. After consultation with the Association President or Grievance Chair, the parties acknowledge that it is usually most desirable for an employee, Union representative and his/her immediate involved supervisor to resolve the problem through free and informal communication with the immediate supervisorcommunications. The parties may agree to bypass any step of the grievance procedure. Step 1: If If, however, the informal process fails to satisfy the Employee, a grievance may proceed through the formal grievance steps set forth below.‌ 2. Every employee covered by this Agreement shall have the right to present grievances in accordance with these procedures, with or without representations by the Association, provided that a Union designated representative is afforded the opportunity to be present at any grievance meeting, and that any settlement made is consistent with the immediate supervisor fails terms of this Agreement. The employee may be present at any grievance discussion, except during closed session.‌ 3. Only the Association, and not an employee, may appeal the grievance beyond Step II.‌ 4. It is agreed that any investigation or other handling or processing of any grievance by the Grievant or Association representative shall be conducted so as to resolve result in no interference with or interruption whatsoever of work activities of the problem, the grievant(s) or the Union or both may formally employees.‌ STEP 1‌ The Grievant shall present the grievance in writing to the department supervisor immediate involved Supervisor or Building Principal, who will arrange for a meeting to be held take place within ten (10) working days to review after the receipt of the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify the Grievant, summarize relevant facts, identify all provisions of this the Agreement which are alleged to have been allegedly violated, and describe list specific actions requested to remedy the remedy which is being soughtgrievance. The filing Within ten (10) days of the formal written grievance at this step meeting, the Grievant and the Association shall be provided with the Supervisor’s written response.‌ STEP II‌ If the grievance is not resolved in Step I, the Grievant may appeal the grievance in writing to the Superintendent or his/her designee within ten (10) working days after receipt of the date of the occurrence giving rise to the grievance, Step I answer or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include date the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer response was due. The Chief will Superintendent or his/her designee shall arrange with the Grievant or Association Representative for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing take place within ten (10) working days of the Superintendent’s or his/her designee’s receipt of the answer from appeal. Within ten (10) days after the Chief ormeeting, if no answer is receivedthe Grievant and the Association shall be provided with the Superintendent’s or his/her designee’s written response.‌ STEP III‌ If the grievance remains unresolved in Step II, the Association may appeal the grievance in writing to the Secretary of the Board of Education within ten (10) working days after receipt of the time that the Step II answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting date the Step II response was due. The grievance and the Superintendent’s response to the grievance shall be heard at the next Board meeting. Within ten (10) days after the Board meeting, the Association shall be provided with the Board of Education’s written response.‌ STEP IV‌ If the Association is not satisfied with the disposition of the grievance at Step III, then the Association may submit the grievance within thirty (30) days to binding arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association.‌ i. Each party shall bear the full costs for its representation in this paragrapharbitration. The costs of the arbitrator, the AAA, and a court reporter, if present, shall be divided equally between the parties.‌ ii. If either party requests a transcript of the proceedings, that party shall bear the full costs for the transcript. If both parties order a transcript, the cost of two (2) transcripts shall be divided equally between the parties. If the arbitrator requests a copy of the transcript, the costs shall be divided equally between the parties.‌ iii. Neither the Board nor the Association shall be permitted to assert any grounds or evidence before the arbitrator which had not previously been disclosed to the other party during the previous steps.‌ iv. The arbitrator shall have no power to nullify, alter, amend, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the questions of fact as to whether there has been a violation, misinterpretation, or misapplication of the specific provisions of this Agreement. The arbitrator shall be empowered to determine the issue raised by the grievance arises from as submitted in writing at Step I, unless otherwise‌ mutually agreed by the parties. The arbitrator shall have no authority to make any decision on any other issue not submitted. The arbitrator shall be without power to make decisions contrary to, inconsistent with, or modifying applicable federal laws, applicable state laws (not otherwise superseded by a lawful provision of this Agreement pursuant to Section 17 of the Illinois Educational Labor Relations Act), or of rules and regulations of administrative bodies that have the force and effect of applicable law. The arbitrator shall not in any way limit or interfere with the powers, duties, and responsibilities of the District under law and applicable court decisions. Any decision or action at award of the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed arbitrator rendered within the time limit prescribed in Step 1.limitations of this Section shall be final and binding upon the parties.‌

Appears in 1 contract

Sources: Professional Services

Procedures. The party asserting parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's immediately involved supervisor to resolve problems through free and informal communication. When requested by the teacher, Association representatives may accompany the teacher to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may attempt to resolve the problem through informal communication with the immediate supervisor. be processed as follows: A. Step 1- The parties may agree to bypass any step of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) teacher or the Union or both Association may formally present the grievance in writing to the department supervisor immediately involved supervisor, who will arrange for a meeting to be held meetingtaktoe place within ten five (105) working days to review after receipt of the grievance. The Supervisor will provide reasonable notice to Association's representatives, the Field Representative grievant, and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step supervisor shall be within ten present for the meeting_ Within two (102) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer , the grievant and the Association shall include be provided wtih the supervisor's written response, including the reasons for the decision. B. Step 2: 2- If the grievance teacher or the Association is not satisfactorily resolved at the preceding stepsatisfied by Step 1, the grievant(s) or teacher shall request a meeting with the Union or both may refer it to the Chief Board of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was dueEducation. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union Board shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing meet within ten (10) working days of receipt daysof the requeswt ith the teacher, representatives of the answer from Association, and the Chief or, if no answer is received, within ten Superintendent for the purpose of resolving the grievance. Within seven (107) working days of the time that meeting, the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative grievant and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), Association shall be provided with the written response, inucdl ing the reasons for the decision. C. Step 3- If the teacher or the Association is not satisfied with the disposition of the grievance at Step 2, the Association and/or Board may mutually submit the grievance to arbitration under the grievant(sVoluntary Labor Arbtiotrna Rules of the American Arbitration Association, which shall act as the administrator of the proceedings. If a demand for arbitration is not filed within thirty (30) with a copy to the Union within ten (10) working days of the meeting provided date for in this paragraph. If the Step 2 answer, then the grievance arises from a decision or action at shall be deemed withdrawn. The arbitrator shall have no power to alter the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1terms of this Agreement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. ‌ The party asserting A. Step 1 1. An employee having a grievance may attempt to resolve shall file the problem through informal communication with the immediate supervisor. The parties may agree to bypass any step of the applicable grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(sform (Appendix C) or the Union or both may formally present the grievance in writing to the department supervisor who will arrange for a meeting to be held at Human Resources within ten thirty (1030) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of following the occurrence of the event giving rise to the grievance. The supervisor grievance shall provide a written answer to set forth the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If complete facts on which the grievance is not satisfactorily resolved at the preceding stepbased, the grievant(sspe- cific provision(s) or of the Union or both may refer it to Agreement allegedly violated, and the relief requested. The Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from or designee shall schedule a Step 1 ormeet- ing between the grievant, if no answer is receivedthe grievant’s designated representative, within 10 working days of the time that the answer was duegriev- ant’s supervisor, or other appropriate individuals. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union grievant shall have the right to include present any evidence in support of the grievance at this meet- ing. If the meeting does not result in resolution of the grievance, the Chief of Police or designee will proceed with processing the grievance and issu- ing a written decision, stating the reasons therefore, to grievant or griev- ant’s designated representative within thirty (30) days following the con- clusion of the meeting, unless an extension has been granted. If an exten- sion was granted, the decision shall be issued by the agreed upon date. A copy of the decision shall be sent to the grievant and to the PBA if griev- ant elected not to be represented by the PBA. The decision shall be trans- mitted by personal delivery with written documentation of receipt or by certified mail, return receipt requested. 2. Where practicable, the University shall make available to the griev- ant or grievant’s designated representative, documentation referenced in the Step 1 decision prior to its presentation such witnesses issuance. All documents referred to in the decision and materials any additional documents presented by the grievant shall be attached to the decision, together with a list of these documents. In advance of the Step 1 meeting, the grievant shall have the right, upon writ- ten request, to a copy of documents identified as it deems necessary to develop facts pertinent relevant to the grievance. 3. A In the absence of an agreement to extend the period for issuing the Step 1 decision, the grievant may proceed to Step 2 if the grievant or griev- ant’s designated representative has not received the written answer, including reason(s), shall be provided to decision by the grievant(s), with a copy to the Union, within 10 working days end of the meeting provided for in this paragraph. Step 3: If thirtieth (30th) day following the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt conclusion of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 11 meeting.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. ‌ The party asserting a grievance may Step 1 — A good faith attempt shall be made to resolve any grievance in an informal discussion between the problem through informal communication with grievant and the immediate appropriate supervisor. The parties may agree to bypass Although nothing herein shall prevent an employee from having Association representation throughout any step of the grievance procedure, the Association and the Board strongly encourage employees and their supervisors to resolve problems in an informal atmosphere without third party intervention using this open dialogue and good faith before disputes become formal grievances. Step 1: 2 — If the informal process with the immediate supervisor fails to resolve the problemgrievance cannot be resolved informally, the grievant(s) grievant or the Union or both Association may formally present file the grievance in writing to with the department supervisor who will arrange for a meeting to be held within ten (10) working days to review Supervisor of Transportation or other appropriate supervisor. The written grievance should state the nature of the grievance. The Supervisor will provide reasonable notice to , the Field Representative and the ▇▇▇▇▇▇▇ specific clause or clauses of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being soughtrequested. The filing Filing of the formal written grievance at this step shall must be done within ten fifteen (1015) working days of days, or as otherwise mutually agreed between the Board and the Association, from the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievancegrievance or when the grievant could reasonably have had knowledge thereof. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(sten (10) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the grievance schedule a meeting to resolve the grievance. He/she shall issue the grievant and the Association President a written response within seven (7) days of that meeting. Step 3 — In the event a grievance has not been satisfactorily resolved at Step 2, the grievant or the Association shall file, within seven (7) days of the written answer from to Step 1 2, or, if no answer is receivedreceived within the time specified in Step 2, within 10 working seven (7) days of the time that date when the answer was due. The Chief will arrange for , a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ copy of the meeting date and timegrievance with the Superintendent or his/her designee. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within Within ten (10) working days of receipt after such written grievance is filed, a meeting shall be scheduled with the aggrieved, a representative of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s levelAssociation, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1.supervisor,

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. The party asserting parties acknowledge that a Teacher and an Administrator may resolve problems through free and informal communications. The informal disposition of problems in no way prohibits the Association from filing a grievance may attempt to resolve the problem through informal communication with the immediate supervisornor does it establish a precedent. However, a grievance shall be processed as follows: 3.2.1 STEP I - The parties may agree to bypass any step of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally grievant shall present the grievance in writing writing, signed, dated and specifying the remedy sought, to the department supervisor who immediately involved administrator within ten (10) days of the incident or within 45 calendar days, stating the Article and Section of the Agreement alleged to have been violated. The administrator will arrange for a meeting to be held take place within ten (10) working days to review of receipt of the grievance. The Supervisor will provide reasonable notice to Association’s representative, the Field Representative grievant, and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step immediately involved administrator shall be within present for the meeting. Within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer , the grievant and the Association shall include be provided with the administrator’s written response, including the reasons for the decision. Step 2: 3.2.2 STEP II - If the grievance is not satisfactorily resolved at STEP I, then the preceding step, Association shall refer the grievant(s) or the Union or both may refer it grievance to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing Superintendent’s official designee within ten (10) working days of after receipt of the answer from STEP I answer. The Superintendent shall arrange with the Chief or, if no answer is received, Association representative for a meeting to take place within (10) days of the Superintendent’s receipt of the appeal. Within ten (10) working days of the time that meeting, the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), Association shall be provided to with the grievant(s) with a copy to Superintendent’s receipt of the Union within appeal. Within ten (10) working days of the meeting meeting, the Association shall be provided with the Superintendent’s written response, including the reasons for in this paragraphthe decision. 3.2.3 STEP III - If the Association is not satisfied with the disposition of the grievance at STEP II, the Association may submit the grievance to final and binding arbitration. The American Arbitration Association shall act as the administrator of the proceedings using the Voluntary Labor Arbitration Rules. If a demand for arbitration is not filed with the Board within thirty (30) days of the Association’s receipt of the Step II answer, then the grievance arises from a decision or action at shall be deemed withdrawn. 3.2.3.1 Neither the Vice President’s levelBoard nor the grievant shall be permitted to assert any grounds of evidence before the arbitrator, which was not previously disclosed to the party. 3.2.3.2 The arbitrator shall have no power to alter the terms of this Agreement. 3.2.3.3 Each party shall bear the full cost for its representation in the grievance may procedure. 3.2.3.4 The fees and the expenses of the arbitrator shall be initiated at Step 3shared equally by the parties. 3.2.3.5 If only one party requests the presence of a court reporter, provided it is filed within that party shall bear the time limit prescribed in Step 1cost of the reporter. If both parties request a court reporter, they shall share the costs. 3.2.3.6 If only one party requests the postponement of an arbitration hearing, that party shall bear the cost of such postponement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. The party asserting a grievance may attempt to resolve the problem through informal communication with the immediate supervisor. The parties may agree to bypass any Informal Step Formal Step 1) All formal grievances shall be rendered in writing at each step of the Grievance Procedure, except the Informal Step and shall include the name and position of the grievant, the specific provisions of the Labor Agreement, or the past practice violated, allegedly violated, the time and the place where the alleged events or conditions giving rise to the grievance proceduretook place, and a general statement of the nature of the grievance and the relief sought by the grievant. Step 1: If 2) All formal decisions shall be rendered in writing at each step of the informal process with Grievance Procedure, except the immediate supervisor fails Informal Step, and copies of answers shall be submitted to resolve the problem, grievant and his/her Union Representative. 3) The time limits specified herein may be waived at any step by mutual Agreement for both Parties. Any such waiver shall be reduced to writing and signed or initialed by both Parties. 4) Failure on the grievant(s) or part of the Union or both may formally present Township to answer grievances within the specified time limits will permit the grievance in writing to advance to the department supervisor next step. 5) Grievances not filed at the appropriate step within the specified time limits shall be considered dismissed. Any Bargaining Unit Employee who will arrange for believes that he/she have a meeting to be held within ten (10) working days to review claim arising under the grievance. The Supervisor will provide reasonable notice terms of this Labor Agreement with regard to the Field Representative interpretation or application of this Labor Agreement including disciplinary actions, shall reduce said grievance to writing as provided herein and submit the ▇▇▇▇▇▇▇ same within five (5) days of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be said occurrence or within ten five (105) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known Employee gains knowledge of the occurrence of said grievance to the event giving rise to Fire Chief or his/her designee. The Fire Chief or his/her designee shall schedule a meeting with the Employee and his/her Union Representative within five (5) days from the date the Fire Chief or his/her designee is informed in writing of the grievance. The supervisor Following this meeting, the Fire Chief or his/her designee shall provide a written have five (5) days to answer to the grievant with a copy to the Union within 10 working days of the meetingsaid grievance in writing. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(sOne (1), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at shall proceed to Step 3, provided it is filed within the time limit prescribed in Step 1.Two

Appears in 1 contract

Sources: Labor Agreement

Procedures. The party asserting parties shall attempt to adjust all grievances on an informal basis between the employee and/or his/her designated representative and a supervisor in the employee's chain of command, up to and including the Fire Chief. 24.3.1 If the parties are unable to adjust the grievance may on an informal basis, the grievant shall file the grievance in writing with his/her immediate supervisor (Captain). The Fire Chief shall be served with a copy of the written grievance at the time such grievance is filed with the grievant's immediate supervisor. 24.3.2 If the grievance has not been settled within seven (7) working days of its filing with the grievant's immediate supervisor, it shall then be submitted to the Fire Chief for adjustment, if requested by either party, the Fire Chief and the grievant and his/her representative shall meet in an attempt to resolve the problem through informal communication with grievance within seven (7) days of the immediate supervisor. The parties may agree to bypass any step filing of the grievance procedurewith the Fire Chief, the Fire Chief shall provide the grievant and his/her representative with a written statement regarding the grievance. Any such appeal shall be considered by the Board of Directors within 60 days of the filing of the appeal. Step 1: 24.3.3 If the informal process grievant does not agree with the immediate supervisor fails Fire Chief's proposed resolution of the grievance, he/she shall submit the written grievance to resolve the problemBoard of Directors for adjustment and/or decision. In order to be effective, the grievant(s) or grievant's appeal to the Union or both may formally present Board of Directors regarding the grievance in writing must be filed with the Board of Directors no later than five (5) days from the date on which the Fire Chief rendered his/her written decision. All written materials and rationale which are to be submitted by the grievant to the department supervisor who will arrange for a meeting Board of Directors shall be served upon the Fire Chief at the time the grievance is appealed to the Board of Directors. Both the grievant and his/her representative and the Fire Chief shall be held within ten (10) working days given an opportunity to review argue their position on the grievance to the Board of Directors prior to its determination upon the merits of the grievance. The Supervisor will provide reasonable notice to the Field Representative grievant and representative and the ▇▇▇▇▇▇▇ Fire Chief shall be notified in writing of the meeting date and time. The formal written Board's decision on the grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working 60 days of the date close of the occurrence giving rise to the grievanceargument, if argument is requested, or within ten (10) working 60 days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, appeal if no answer argument is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraphrequested. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1.

Appears in 1 contract

Sources: Memorandum of Understanding

Procedures. The party asserting parties hereto acknowledge that the proper chain of command will be followed when trying to resolve problems through free and informal communications. Free and informal communication may be verbal or written communication. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of the problem. If, however, the informal process fails to satisfy the employee or the Association, a grievance may attempt to resolve the problem through informal communication with the immediate supervisor. The parties may agree to bypass any step of the grievance procedure.be processed as follows: Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) I. The employee or the Union or both may formally Association will present the grievance in writing to and file it with the department supervisor who will arrange for a meeting to be held Principal within ten (10) working days from the time that the employee or the Association could reasonably be expected to review have become aware of the grievanceoccurrence of the event. The Supervisor will provide reasonable notice to the Field Representative grievance shall contain a statement of facts, circumstance, and the ▇▇▇▇▇▇▇ of the meeting date and timea suggested remedy. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe Principal will meet with the remedy which is being sought. The filing of the formal written grievance at this step shall be grievant within ten (10) working days after receipt of the date of grievance. The Principal will provide a written response following the occurrence giving rise to the grievance, or meeting within ten (10) working days. Step II. The employee or the Association may appeal to the Superintendent in writing within ten (10) days after receiving the decision of when the Principal. A copy of the appeal shall be furnished to the Principal by the employee or the Union, through the use of reasonable diligence, should reasonably have known Association. A meeting will take place within ten (10) days after receipt of the occurrence of the event giving rise to the grievanceappeal. The supervisor shall provide a written answer to Association's representative, the grievant with a copy to and the Union within 10 working Superintendent shall be present at the meeting. Within ten (10) days of the meeting. The answer shall include , the reasons grievant and the Association will be provided with the Superintendent's written response including the reason for the decision. . Step 2: Ill. If the grievance is not satisfactorily resolved at Step II, then the preceding step, the grievant(s) grievance or the Union or both Association may refer it the grievance to the Chief Board of Police by filing Education within ten (10) days after receipt of the grievance in writing Step II answer. The Board will arrange with the Association representative and the grievant for a meeting to take place within 10 working ten (10) days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the unresolved grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union Each party shall have the right to include in its presentation representation such witnesses and materials counselors as it deems necessary to develop facts pertinent to the grievancenecessary. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within Within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that meeting, the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative Association and the ▇▇▇▇▇▇▇ of grievances will be provided with the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A Board's written answerresponse, including reason(s), shall be provided to the grievant(s) with a copy to reason for the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1decision.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. The party asserting adjustment of grievances will be accomplished as rapidly as possible. In order to insure rapid resolution of grievances, the number of days within which each step is prescribed to be accomplished shall be considered as maximum and every effort shall be made to expedite the process. Failure by the district and/or respondent to comply with the time limits shall cause the grievance to be waived. Failure by the district to comply with the time limits shall be construed as a denial of the grievance at that level. Under unusual circumstances, the time limits prescribed in this section may attempt be extended by mutual consent of the grievant and the District and/or respondent. LEVEL 1 The grievant shall first discuss the grievance with the employee’s immediate supervisor in private conferences within twenty (20) days of the occurrence of the event upon which the grievant became aware or reasonably should have become aware of the events upon which the grievance is based, whichever shall be later. Every effort shall be made to resolve adjust the problem through grievance in an informal communication manner. If the grievant is dissatisfied with the outcome of the initial private conference, the grievant must request, in writing, a formal conference with the immediate supervisor, at which time the grievant may be accompanied by a representative from the grievance committee. Every effort should be made to develop an understanding of the facts and issues in order to create a climate which will lead to a solution. The parties may agree to bypass any step formal conference shall occur within five (5) days of the grievance procedure. Step 1: If written request or the informal process with conference. In the immediate supervisor fails to resolve event that the problemgrievance is not resolved at ▇▇▇▇▇ ▇, the grievant(s) or the Union or both grievant may formally present the grievance in writing to the department supervisor who will arrange for a meeting to be held within ten (10) working days to review appeal the grievance. The Supervisor will provide reasonable notice matter in writing to the Field Representative and Superintendent of the District or another administrator from either the Coulee-▇▇▇▇▇▇▇▇ of or Almira District when the meeting date and timegrievant’s immediate supervisor is also the Superintendent. The formal written Superintendent, the Superintendent’s designated representative, or other named administrator shall confer with the grievant in an effort to meet a satisfactory solution within a reasonable time limit. If the grievance shall clearly identify all provisions of this Agreement which are alleged to have has not been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be resolved within ten (10) working days of after the date of grievance was discussed with the occurrence giving rise to the grievance, or within ten (10) working days of when the employee Superintendent or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise Superintendent’s designee pursuant to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ ▇ above, then the grievant may request a meeting with the Board of Directors for the purpose of presenting the grievance to the Board of Directors of the meeting date and timeDistrict. The Union request for the meeting with the Board of Directors shall have be in writing and filed with the right Superintendent of the District as Secretary of the Board of Directors. The Board of Directors will, within fifteen (15) days after the receipt of the written request, confer with the grievant and within five (5) days, render a decision to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent be submitted to the grievancegrievant in writing. A written answer, including reason(s), shall be provided to In the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If event that the grievance is not satisfactorily resolved at settled by the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt disposition of the answer from the Chief orBoard, if no answer is received, then within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1.five

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. The party asserting parties acknowledge that it is usually most desirable for an employee and the employee’s immediate involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the Association, a grievance may attempt to resolve the problem through informal communication with the immediate supervisor. be processed as follows: a. Step I – The parties may agree to bypass any step of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) employee or the Union or both Association may formally present the grievance in writing to the department supervisor who building principal within ten (10) days of the event. The building principal will arrange for a meeting to be held take place within ten (10) working days to review after receipt of the grievance. The Supervisor will provide reasonable notice to Association’s representative, the Field Representative grievant, and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step principal shall be within ten present for the meeting. Within five (105) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer , the grievant and the Association shall include be provided with the principal’s written response, including the reasons for the decision. b. Step 2: II – If the grievance is not satisfactorily resolved at Step I, then the preceding step, the grievant(s) grievant or the Union or both Association Representative may refer it the grievance to the Chief of Police by filing Superintendent or his assignee with ten (10) days after the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was dueI answer. The Chief will Superintendent shall arrange with the grievant or the Association representative for a meeting to be held take place within 10 working five (5) days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ Superintendent’s receipt of the meeting date and timeappeal. The Union Each party shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievancerepresentation. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within Within ten (10) working days of the meeting, the Association shall be provided with the Superintendent’s receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was dueappeal. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union Each party shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievancerepresentation. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within Within ten (10) working days of the meeting meeting, the Association shall be provided with the Superintendent’s written response, including the reasons for in this paragraphthe decision. c. Step III – If the association is not satisfied with the disposition of the grievance at Step II, the Association may submit the grievance to final and binding arbitration through the American Arbitration Association which shall act as the administrator of the proceedings. If a demand for arbitration is not filed within thirty (30) days of the date for the Step II answer, then the grievance arises from shall be deemed withdrawn. If a decision or action at demand for arbitration is not filed within thirty (30) days of the Vice President’s leveldate for the Step II answer, then the grievance may shall be initiated at Step deemed withdrawn. 1. Neither the Board nor the Association shall be permitted to assert any grounds or evidence before the arbitrator which was not previously disclosed to the other party. 2. The arbitrator shall have no power to alter the terms of this agreement. 3, provided it is filed within . The fees and the time limit prescribed in Step 1expenses of the arbitrator shall be shared equally.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. a. Grievance proceedings shall be kept informal and confidential at all levels of this procedure. Breach of confidentiality may result in disciplinary action. b. The number of days indicated at each level of this procedure shall be considered a maximum, and every effort shall be made to expedite the process. c. If the College fails to comply with the time limit requirements as set forth under any of the procedure levels, the grievance shall be considered automatically appealed to the next level of the procedure. d. If the grievant fails to comply with the grievant’s time limit requirements as set forth under any of the procedure levels, the grievance shall be considered null and void. e. The time limits set forth herein may be extended provided the extension has been mutually agreed upon in writing by the parties. f. A grievance shall not be considered unless the grievant files the grievance no later than ten (10) days after the grievant knew or reasonably should have known of the action that precipitated the grievance. g. No reprisal or retaliation by any party asserting to the grievance shall be taken against any party as a result of participation in the proceeding of a grievance. h. A grievant and the party charged may be accompanied and represented at any hearing or meeting conducted under this procedure. i. A faculty member, acting individually, may present a grievance may attempt without the intervention of the Federation provided the grievance has been processed in accordance with this procedure. At any hearing of a grievance brought individually by a faculty member, the Federation as a party to resolve this Agreement, will be afforded the problem through informal communication opportunity to be present and present its views. Any adjustment made shall be consistent with the immediate supervisorprovisions of this Agreement. j. If a grievance affects a group of two or more faculty members of the bargaining unit or involves a decision or action by the College that has a system-wide impact, the Federation may submit the grievance on behalf of the affected faculty members at Level Two of this procedure. The parties may agree submit this grievance at Level One if all of the members of the bargaining unit affected by the grievance have the same supervisor. k. The parties shall cooperate in any investigation that may be necessary in order to bypass expedite the process. l. All documents related to a grievance shall be maintained in a separate grievance file and shall not be kept in the personnel file of any of the grievance participants. m. All grievances and grievance responses shall be filed and processed on grievance forms mutually agreed upon by the parties and contained in an Appendix of this Agreement. n. Unless otherwise agreed to by the parties, the processing of grievances shall be conducted during non-instruction time. o. All decisions shall be submitted in writing at each step of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally present the grievance in writing to the department supervisor who will arrange for a meeting to be held within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative procedure and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step decision shall be within ten (10) working days of the date of the occurrence giving rise submitted to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to both the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraphFederation. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. Step 1: The party asserting a grievance may parties agree that an employee and the immediately involved Supervisor should attempt to resolve the problem problems through free and informal communication with the immediate supervisor. The parties may agree communications and that every effort will be made to bypass any step of the grievance procedurearrive at a solution in this manner. Step 12: If the informal process with the immediate supervisor fails to resolve the problemproblem is not resolved in Step 1, the grievant(sAssociation, shall within fifteen (15) days from the date when the employee or Association knew or should have known about the Union or both may formally allegation, present the grievance in writing to the department immediately involved supervisor. The grievance shall set forth the nature of the occurrence, the specific provisions of the Agreement claimed to have been violated and the remedy requested. The supervisor who will arrange for a meeting to be held take place within ten seven (107) working days to review of receipt of the grievance. The Supervisor will provide reasonable notice to Association’s representative, the Field Representative employee and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violatedimmediately involved supervisor, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten present for the meeting. Within seven (107) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer , the Association shall include be provided with the supervisor’s written response, including the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding stepStep 2, the grievant(s), Association may refer the grievance to the Superintendent or the UnionSuperintendent’s official designee within seven (7) days of receipt of the Step 2 answer. The Superintendent shall arrange, or bothwith the Association representative, for a meeting to take place within seven (7) days of the Superintendent’s receipt of the appeal. Within seven (7) days of the meeting, the Association shall be provided with the Superintendent’s written response, including the reasons for the decision. Step 4: If the grievance is not resolved in Step 3, the Association may refer it to request a hearing of the Vice President for Administrative Affairs, or designee, by filing Board within seven (7) days of receipt of the same in writing Superintendent’s response. The Board shall schedule the hearing within ten (10) working days of the Board’s receipt of the answer from the Chief or, if no answer is received, within ten appeal. Within seven (107) working days of the time that meeting, the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), Association shall be provided with the Board’s written response, including the reasons for the decision. Step 5: If the Association is not satisfied with the disposition of the grievance at Step 4, the Association may submit the grievance to final and binding arbitration. If a demand for arbitration is not filed with the grievant(sEmployer within fifteen (15) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If Association’s receipt of the grievance arises from a decision or action at the Vice PresidentBoard’s levelwritten response, the grievance may shall be initiated at Step 3, provided it is filed within deemed withdrawn. Neither party shall be permitted to assert any grounds or evidence before the time limit prescribed in Step 1Arbitrator which was not previously disclosed to the other party. The demand for arbitration shall be submitted to the Federal Mediation and Conciliation Service (FMCS) which shall act as the administrator of the proceedings.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. STEP 1 The Building Principal shall respond in writing to each grievance received. If an aggrieved party asserting is not satisfied with the response of the Building Principal or if no response is received within one calendar week after the submission of a grievance, such aggrieved party may submit a copy of the grievance to the grievance committee of the Little Falls Teachers Association. STEP 2 If the aggrieved is not satisfied with the determination of a grievance at Step 1, he/she may within ten days of the response by the Building Principal, or within ten days of the time such response was due, submit the grievance, in writing, to the Superintendent for review and determination. STEP 3 The Superintendent or his designee shall meet with the aggrieved and his representative (if the aggrieved desires a representative) at a reasonable time and place designated by the Superintendent within five days after the presentation of the appropriate appeal documents to the Superintendent's office. Such meetings shall be an attempt to resolve the problem through informal communication grievance. Within ten days after such a meeting or meetings, the Superintendent or his designee, after consultation with the immediate supervisorBoard of Education, shall make a decision in writing, setting forth his conclusions with respect to the grievance, and setting forth his reasons for such conclusion. The parties A copy of such decision shall be given to the aggrieved and the Association. STEP 4 If the Association is not satisfied with the disposition of any grievance at Step 3, it may agree to bypass any step of within ten days submit the grievance procedure. Step 1: If the informal process to an arbitrator by registered mail with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally present the grievance in writing a copy to the department supervisor who will arrange for a meeting to be held within ten (10) working days to review Superintendent. In the grievanceevent ▇▇. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇▇▇ should not be available to perform the required arbitration, both parties agree that a new and mutually acceptable arbiter shall be designated by appropriate amendment to this section. In the event the parties cannot agree on an arbiter, they shall request a list of arbiters from the American Arbitration Association. The parties will then be bound by the rules and procedures of the meeting date and timeAmerican Arbitration Association in the selection of an arbiter. The formal arbiter will have authority to hold hearings and make procedural rules. The aggrieved employee, the Association and the Superintendent shall have standing to be heard at such hearings. Any of the persons having standing, as well as the arbiter, may request a written grievance shall clearly identify transcript of such hearings. Any of the persons having standing, as well as the arbiter, may request and obtain from the various parties all provisions of this Agreement which are alleged to have been violatedpertinent information not privileged by law, in their possession or control, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise relevant to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to issues raised by the grievance. All hearings held shall be closed sessions and no news releases shall be made concerning the progress of the hearings. The supervisor arbiter's report shall provide a written answer be submitted in writing to the grievant with a copy board, the employee, and the Association, and shall set forth his findings of fact, reasoning’s, conclusions and decisions on the issues submitted. The arbiter shall have no power or authority to make any decision which requires the Union within 10 working days commission of an act prohibited by law or which shall violate of the meetingterms of this agreement. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt decisions of the answer from Step 1 or, if no answer is received, within 10 working days arbiter shall be final and binding upon all parties. The expenses of the time that arbitration, including the answer was due. The Chief will arrange for arbiter's fees, his expenses, a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ transcript of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answerhearings, including reason(s)etc., shall be provided to shared equally by the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative Association and the ▇▇▇▇▇▇▇ of Board if the meeting date and time. The Union shall have Association signed the right appeal to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraphStep 4. If the grievance arises from a decision or action at Association did not sign the Vice President’s levelappeal to Step 4, the grievance may expenses shall be initiated at Step 3, provided it is filed within shared equally by the time limit prescribed in Step 1Board and the aggrieved person.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. STEP 1 The Building Principal shall respond in writing to each grievance received. If an aggrieved party asserting is not satisfied with the response of the Building Principal or if no response is received within one calendar week after the submission of a grievance, such aggrieved party may submit a copy of the grievance to the grievance committee of the Little Falls Teachers Association. STEP 2 If the aggrieved is not satisfied with the determination of a grievance at Step 1, he/she may within ten days of the response by the Building Principal, or within ten days of the time such response was due, submit the grievance, in writing, to the Superintendent for review and determination. STEP 3 The Superintendent or his designee shall meet with the aggrieved and his representative (if the aggrieved desires a representative) at a reasonable time and place designated by the Superintendent within five days after the presentation of the appropriate appeal documents to the Superintendent's office. Such meetings shall be an attempt to resolve the problem through informal communication grievance. Within ten days after such a meeting or meetings, the Superintendent or his designee, after consultation with the immediate supervisor. The parties may agree to bypass any step Board of the grievance procedure. Step 1: If the informal process Education, shall make a decision in writing, setting forth his conclusions with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally present the grievance in writing to the department supervisor who will arrange for a meeting to be held within ten (10) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise respect to the grievance, or and setting forth his reasons for such conclusion. A copy of such decision shall be given to the aggrieved and the Association. STEP 4 If the Association is not satisfied with the disposition of any grievance at Step 3, it may within ten (10) working days of when submit the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise grievance to the grievance. The supervisor shall provide a written answer to the grievant an arbitrator by registered mail with a copy to the Union within 10 working days Superintendent. A mutually acceptable arbiter shall be designated by appropriate amendment to this section. In the event the parties cannot agree on an arbiter, they shall request a list of arbiters from the American Arbitration Association. The parties will then be bound by the rules and procedures of the meetingAmerican Arbitration Association in the selection of an arbiter. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding steparbiter will have authority to hold hearings and make procedural rules. The aggrieved employee, the grievant(s) Association and the Superintendent shall have standing to be heard at such hearings. Any of the persons having standing, as well as the arbiter, may request a written transcript of such hearings. Any of the persons having standing, as well as the arbiter, may request and obtain from the various parties all pertinent information not privileged by law, in their possession or the Union or both may refer it control, and which is relevant to the Chief of Police issues raised by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. All hearings held shall be closed sessions and no news releases shall be made concerning the progress of the hearings. The Chief will provide reasonable notice arbiter's report shall be submitted in writing to the Field Representative board, the employee, and the ▇▇▇▇▇▇▇ Association, and shall set forth his findings of fact, reasoning’s, conclusions and decisions on the issues submitted. The arbiter shall have no power or authority to make any decision which requires the commission of an act prohibited by law or which shall violate of the meeting date and timeterms of this agreement. The Union decisions of the arbiter shall have be final and binding upon all parties. The expenses of the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answerarbitration, including reason(s)the arbiter's fees, his expenses, a transcript of the hearings, etc., shall be provided to shared equally by the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative Association and the ▇▇▇▇▇▇▇ of Board if the meeting date and time. The Union shall have Association signed the right appeal to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraphStep 4. If the grievance arises from a decision or action at Association did not sign the Vice President’s levelappeal to Step 4, the grievance may expenses shall be initiated at Step 3, provided it is filed within shared equally by the time limit prescribed in Step 1Board and the aggrieved person.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. ‌ The party asserting a 1. Stage 1 - Within twenty-eight (28) days after an alleged grievance may attempt to resolve the problem through informal communication with the immediate supervisor. The parties may agree to bypass any step of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problemoccurred, the grievant(s) or the Union or both may formally aggrieved teacher shall present the his grievance in writing to the department his/her immediate supervisor who will arrange shall discuss the grievance with the aggrieved teacher, or with the teacher and his/her representative (s) if any. If no mutual time for a meeting can be arranged within five (5) days after receipt of the written grievance, then arrangements shall be made to relieve the teacher of duties in order to meet with the person involved in each stage where applicable. 2. Intermediate Stage (Building Principal) - If the immediate supervisor is a department head, then Stage 2 will be the building principal; if the immediate supervisor is a building principal, then appeal from Stage 1 will go directly to Stage 3. The procedures at Stage 2 shall follow the provisions of Stage 1. The building principal shall render a decision in writing to the teacher within seven (7) days after the hearing. 3. Chief Administrator Stage a. The Superintendent shall, within seven (7) days of receipt of a notice of the grievant’s intent to pursue the grievance to this step, notify the aggrieved teacher and immediate supervisor to submit written statements to him/her within seven (7) days setting forth the specific nature of the grievance, the facts relating thereto, and the determination(s) previously rendered. b. If such is requested, in the written statement of either party pursuant to paragraph “a” above, the Superintendent shall notify all parties concerned in the case of the time and place when a hearing will be held where such parties may appear and present oral and written statements supplementing their position in the case. Such hearings shall be held within ten seven (107) working days of receipt of the written statements pursuant to review paragraph “a”. c. The Superintendent shall render his determination in writing within fourteen (14) days after the grievancewritten statements pursuant to paragraph “a” and/or “b” have been presented to him/her or the hearing provided for in paragraph “b” is held. 4. Board Stage - All written statements and records of the case shall be submitted to the President of the Board by the Superintendent. The Supervisor will provide reasonable Board may, at the request of either party or the Board itself, hold a hearing within fourteen (14) days of the initiation of this stage to obtain further information regarding the case. After receiving both the report of the Superintendent and the appeal of the aggrieved teacher, the Board shall render a decision. If no hearing is held such decision shall be rendered within fourteen (14) days of receipt of notice of appeal; if a hearing be held such decision shall be rendered within fourteen (14) days of the date of the hearing. 5. Arbitration Stage a. After such hearing, if the teacher and/or Association are not satisfied with the decision at Stage 4, and the Association determines that the grievance is meritorious and that appealing it is in the best interest of the school system, it may submit the grievance to arbitration by written notice to the Field Representative and Superintendent of Schools with a copy to the Board within twenty-one (21) days of the decision at Stage 4. b. The parties shall select on a rotating basis from the following panel of arbitrators: ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision. Step 2: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Police by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇▇▇, and ▇▇▇▇▇of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇. In the event that none of the meeting date and timeaforementioned arbitrators are available in a timely fashion or decline to hear a dispute, the parties shall have five (5) days within which to agree upon an alternate arbitrator from the American Arbitration Association. If no such agreement can be made, the matter shall be referred to the American Arbitration Association for designation. In either case, the Voluntary Labor Arbitration Rules of the American Arbitration Association shall be used. c. The selected arbitrator will hear the matter promptly. The Union arbitrator's decision will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issue. d. The arbitrator shall have no power or authority to make any decision which requires the right to include in its presentation such witnesses commission of an act prohibited by law or which is violative of the terms of this Agreement. e. The decision of the arbitrator shall be final and materials as it deems necessary to develop facts pertinent to binding upon all parties. f. The costs for the grievance. A written answerservices of the arbitrator, including reason(s)expenses, if any, will be borne equally by the District and the Association. 6. AMERICANS WITH DISABILITIES ACT (ADA) Any dispute arising with regard to an employee's claim for a reasonable accommodation shall be provided to resolved through the grievant(sgrievance procedure, which shall be the exclusive remedy. Upon a notice of five (5) with a copy to the Union within ten (10) working days of the meeting provided for in an intent to grieve, this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance dispute may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1proceed directly to arbitration.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. The party asserting parties acknowledge that an Employee and the Board may resolve problems through free and informal communications. However, a grievance may attempt to resolve the problem through informal communication with the immediate supervisor. shall be processed as follows: A. Step 1 – The parties may agree to bypass any step Association, an individual employee or group of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally employees shall present the grievance in writing to the department immediately involved supervisor who will arrange for a meeting to be held within ten twelve (1012) working days to review the grievance. The Supervisor will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee Association or the Uniongrievant should reasonable have had knowledge, through unless the use violation is of reasonable diligence, should reasonably have known a continuing nature. The supervisor will arrange for a meeting to take place within five (5) days after receipt of the occurrence of the event giving rise to the grievance. The Association’s representative, the grievant and the immediately involved supervisor shall provide a written answer to be present for the grievant with a copy to the Union within 10 working meeting. Within twelve (12) days of the meeting. The answer , the Association and the grievant shall include be provided with the supervisor’s written response, including the reasons for the decision. B. Step 2: 2 – If the grievance is not satisfactorily resolved at the preceding stepStep 1, the grievant(s) or the Union or both Association may refer it the grievance to the Chief Board of Police by filing Education within fifteen (15) days after receipt of the Step 1 answer. The Board President shall arrange with the Association representative, for a meeting to take place with the Board of Education within fifteen (15) days of the Board’s receipt of the appeal. Within ten (10) days of the meeting the Association shall be provided with the Board of Education’s written response including the reasons for the decision. C. Step 3 – If the Association is not satisfied with the disposition of the grievance in writing at Step 2, it may submit the grievance to final and binding arbitration within 10 working twenty (20) days of receipt of the answer from Step 1 orBoard’s decision. Unless the parties can come to a mutual agreement on the selection of an arbitrator, the parties will submit a joint request to either the American Arbitration Association (AAA) or the Federal Mediation and Conciliation Service (FMCS). Selection of the arbitrator and proceedings for the hearing shall be conducted in accordance with the voluntary labor arbitration rules of AAA. The arbitrator shall be without power or authority to make any decision which is contrary to, inconsistent with, or which modifies or varies the terms of this Agreement; or which limits or interferes with the Board’s duties, powers or responsibilities under applicable law. The sole power of the arbitrator shall be to determine if the terms of this Agreement have been violated, misinterpreted, or misapplied. The decision and/or award of the arbitrator, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include made in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s)accordance with his jurisdiction, shall be provided to binding on the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraphparties. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures. The party asserting parties acknowledge that it is usually most desirable for an employee and the employee’s immediate involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the Association, a grievance may attempt to resolve the problem through informal communication with the immediate supervisor. be processed as follows: a. Step I − The parties may agree to bypass any step of the grievance procedure. Step 1: If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) employee or the Union or both Association may formally present the grievance in writing to the department supervisor who building principal within ten (10) days of the event. The building principal will arrange for a meeting to be held take place within ten (10) working days to review after receipt of the grievance. The Supervisor will provide reasonable notice to Association’s representative, the Field Representative grievant, and the ▇▇▇▇▇▇▇ of the meeting date and time. The formal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step principal shall be within ten present for the meeting. Within five (105) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer , the grievant and the Association shall include be provided with the principal’s written response, including the reasons for the decision. b. Step 2: II − If the grievance is not satisfactorily resolved at Step I, then the preceding step, the grievant(s) grievant or the Union or both Association Representative may refer it the grievance to the Chief of Police by filing Superintendent or his assignee with ten (10) days after the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was dueI answer. The Chief will Superintendent shall arrange with the grievant or the Association representative for a meeting to be held take place within 10 working five (5) days of such referral to review the grievance. The Chief will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ Superintendent’s receipt of the meeting date and timeappeal. The Union Each party shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievancerepresentation. A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting provided for in this paragraph. Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Union, or both, may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within Within ten (10) working days of the meeting, the Association shall be provided with the Superintendent’s receipt of the answer from the Chief or, if no answer is received, within ten (10) working days of the time that the answer was dueappeal. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Vice President will provide reasonable notice to the Field Representative and the ▇▇▇▇▇▇▇ of the meeting date and time. The Union Each party shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievancerepresentation. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within Within ten (10) working days of the meeting meeting, the Association shall be provided with the Superintendent’s written response, including the reasons for in this paragraphthe decision. c. Step III − If the association is not satisfied with the disposition of the grievance at Step II, the Association may submit the grievance to final and binding arbitration through the American Arbitration Association which shall act as the administrator of the proceedings. If a demand for arbitration is not filed within thirty (30) days of the date for the Step II answer, then the grievance arises from a decision shall be deemed withdrawn. 1. Neither the Board nor the Association shall be permitted to assert any grounds or action at evidence before the Vice President’s level, arbitrator which was not previously disclosed to the grievance may other party. 2. The arbitrator shall have no power to alter the terms of this agreement. 3. The fees and the expenses of the arbitrator shall be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1shared equally.

Appears in 1 contract

Sources: Collective Bargaining Agreement