Procedures. The ▇▇▇▇▇▇ Education Association designates the Association President or his/her designee as the local agent responsible for processing grievances through Level Three. 1. LEVEL ONE - A teacher– group of teachers, or the Association believing that there has been a violation shall, within ten (10) school days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative of the Association in an attempt to resolve the matter. 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 disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance 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 of the Superintendent is not satisfactory to the Association, the grievance may be 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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. A. Step 1
1. The filing of a grievance form with Human Resources shall initiate the formal grievance process. The Step 1 Management Representative shall schedule a meeting between the grievant, the grievant’s ▇▇▇▇▇▇ Education Association designates ▇▇/AFSCME Employee Representative, and any other appropriate individual within fifteen (15) days following receipt of the Association President or his/her designee as the local agent responsible for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group of teachersgrievance if no postponement is requested, or receipt of written notice that the Association believing that there has been a violation shall, within ten (10) school days of its alleged occurrence, orally discuss the grievances grievant wishes to proceed with the building Principal and Step 1 meeting if a postponement was previously requested. The grievant shall have the representative right to present any evidence in support of the Association in an attempt to resolve the mattergrievance at this meeting. If no the meeting does not result in resolution is obtained 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 five thirty (530) school days following the discussionconclusion of the meeting, unless an extension has been granted. If an extension was granted, the decision shall be issued by the agreed upon date. A copy of the 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 express the grievance in writing and process in accordance be transmitted by personal delivery with Level Twowritten documentation of receipt or by certified mail, return receipt requested.
2. LEVEL TWO - If the meeting is with the school principal and the parties cannot agreeWhere practicable, the grievance Step 1 Management Representative shall promptly be transmitted make available to the Superintendent who 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 Step 1 meeting, the grievant or the grievant’s ▇▇▇▇▇▇▇/AFSCME Employee Representative shall have five (5) school days thereafter the right, upon written request, to approve or disapprove 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, the grievant may proceed to Step 2 if the grievant or the grievant’s ▇▇▇▇▇▇▇/AFSCME Employee Representative has not received the written decision by the end of the 30th day following the conclusion of the Step 1 meeting.
B. Step 2
1. If the grievance is transmitted directly not satisfactorily resolved at Step 1, the grievant may file a written request for review with Human Resources within thirty (30) days following receipt of the Step 1 decision by the grievant or 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 request for review.
2. The Step 2 Management Representative shall issue a written decision, stating the reasons therefore, to the Superintendent, he/she shall have ten grievant or the grievant’s AFSCME Staff Representative within thirty (1030) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to following the Superintendent. If the grievance shall be denied by the Superintendent, either upon review conclusion of the action meeting. In the absence of an agreement to extend the school principal or in period for issuing the first instanceStep 2 decision, AFSCME may proceed to Step 3 if 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 of the Superintendent is AFSCME Staff Representative has not satisfactory to the Association, the grievance may be 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 received 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship of any party, the Superintendent shall use his/her best efforts to process such grievance prior to decision by the end of the school term 30th day following the conclusion of the Step 2 meeting. A copy of the decision shall be sent to the 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 as soon thereafter as possibleby certified mail, return receipt requested.
C. Step 3 – Arbitration
1. If the grievance is processed not resolved at Step 2, AFSCME may appeal the decision to arbitration, the parties may submit the grievance to expedited arbitration under the rules Arbitration on a Request for Arbitration Form within thirty (30) days after receipt of the American Arbitration Associationdecision.
2. The Board and AFSCME may, by written agreement, submit related grievances for hearing before the samearbitrator.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
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 or parties involved shall informally discuss the grievance with the division ▇▇▇▇ Education Association designates or designee.
2. If the Association grievance is not resolved through informal discussion, the grievant may invoke the formal grievance procedure by filing a signed written statement of the grievance with 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.
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 designee as Federation representative in an effort to resolve the local agent responsible grievance. The Vice President for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group of teachers, Academic Affairs (or designee) shall issue to the Association believing that there has been grievant and his/her Federation representative a violation shall, decision in writing on the grievance within ten (10) school working days of its alleged occurrence, orally discuss the grievances grievance meeting.
4. If the Federation is not satisfied with the building Principal and the representative disposition of the Association grievance by the Vice President for Academic Affairs (or designee), or if no disposition is made within the time limits in an attempt to resolve the matter. If no resolution is obtained within five (5) school days following the discussionLevel One, the grievant Federation shall express transmit the grievance in writing and process in accordance with to the President by filing a written copy thereof within ten (10) working days from the receipt of the decision (or of the failure to decide) of the Vice President for Academic Affairs. This initiates grievance Level Two.
25. LEVEL TWO - If The President shall have the meeting is option to meet (or designate another college official to meet) with the school principal grievant and the parties cannot agree, his/her Federation representative. The President (or designee) shall issue a decision on the grievance shall promptly be transmitted to the Superintendent who shall have five within fifteen (515) school days thereafter to approve or disapprove the grievanceworking days. If the grievance is transmitted directly denied, the President (or designee) shall state the reasons for doing so.
6. If the Federation is not satisfied with the disposition of the grievance by the President, the grievance* may be submitted to the Superintendent, he/she shall have arbitration within ten (10) school working days from the date of receipt of the President’s decision. To initiate arbitration, the Federation shall send a certified letter to approve or disapprove itthe NJ Public Employment Relations Commission with a copy to the College President. An Association No grievance concerning reappointment, promotion, or a group any grievance unrelated to this Agreement may be submitted directly advanced to arbitration. Decisions of the Superintendent. If the grievance 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 denied by the Superintendent, either upon review advisory. Decisions of the action of the school principal or in the first instance, the Superintendent shall answer the grievance in writing and the grievance arbitrator with the answer respect to all other grievances shall be transmitted to the Associationbinding.
37. LEVEL THREE - If the decision of the Superintendent is not satisfactory to the Association, the grievance may be submitted within twenty (20) school days to arbitration before an impartial arbitrator selected by the parties.
a. The arbitrator shall be selected by submit a written decision within thirty (30) calendar days of 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, 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 Agreement. Both parties agree to be bound by the award of the arbitrator The arbitrator’s fees 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 expenses shall be shared equally by the Board and the AssociationFederation.
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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates the Association President or parties hereto acknowledge that it is usually most desirable for an employee and his/her designee immediately involved superior to first resolve problems through free and informal communications. When requested by the employee, the building representative may accompany the employee to assist in the informal resolution of the problem. If, however, such informal processes fail to satisfy the employee, a grievance may be processed as follows:
A. The grievant (Association or individual employee) shall present the local agent responsible grievance in writing to the principal or immediate supervisor, stating the article(s) and section(s) of other Agreement alleged to be violated and requested remedy, along with the employee’s signature, on the Grievance Form (Exhibit A), no later than twenty (20) school days after either the occurrence of the alleged claim or after the grievant becomes aware of the occurrence. The principal or immediate supervisor will arrange for processing grievances through Level Three.
1a meeting to take place within ten (10) school days after receipt of the grievance. LEVEL ONE - A teacher– group of teachersAn Association representative selected by the aggrieved party, if said aggrieved party desires said assistance, the aggrieved party, the immediately involved supervisor and any person whose assistance he/she requests shall be present at the meeting. The principal or the Association believing that there has been a violation shallimmediate supervisor will then, within ten (10) school days after the meeting, provide the aggrieved party and the Superintendent with a written memorandum setting forth the disposition of its alleged occurrence, orally discuss the grievances grievance. Such memorandum shall contain reasons upon which the disposition of the matter was based.
B. If the grievant (Association or individual employee) is not satisfied with the building Principal and the representative disposition of the Association in an attempt grievance at Step A(1)), the grievant may then refer the grievance to resolve the matter. If no resolution is obtained Superintendent within five ten (510) school days following the discussion, the grievant thereafter. The Superintendent shall express the grievance in writing and process in accordance with Level Two.
2. LEVEL TWO - If the then arrange for a meeting is with the same parties being present at Step A(1) within ten (10) school principal and the parties cannot agree, days. Each party to the grievance shall promptly be transmitted have the right to include in its representation a counselor if so desired. Each party may present witnesses necessary to develop the Superintendent who shall have five (5) school days thereafter facts pertaining to approve or disapprove the grievance. If Upon conclusion of the grievance is transmitted directly to hearing on the Superintendentgrievance, he/she the Superintendent shall have ten (10) school days from receipt in which to approve or disapprove it. An Association, or a group grievance may be submitted directly provide his/her written decision to the Superintendent. aggrieved party.
C. If the grievance shall be denied by grievant (Association or individual employee) is not satisfied with the Superintendent, either upon review disposition of the action of the school principal or in the first instancegrievance at Step B(2), the Superintendent shall answer grievant may then refer the grievance in writing and the grievance with the answer shall be transmitted to the Association.
3. LEVEL THREE - If the decision of the Superintendent is not satisfactory to the Association, the grievance may be 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 Associationwithin thirty (30) days thereafter. 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 President of the Board granted shall then arrange for a meeting with the same parties being present at Step B(2) or for the purpose of reviewing written briefs prepared by Legislative Act.
b. If any teachers for whom the parties within ten (10) school days. The meeting (hearing) will be conducted by a grievance is sustained shall be found to have been improperly reprimanded or improperly deprived quorum of a position, or unjustly dischargedthe Board. Upon conclusion of the hearing on the grievance, the arbitrator will Board shall 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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.ten
Appears in 2 contracts
Sources: Professional Agreement, Professional Services
Procedures. In general--The ▇▇▇▇▇▇ Education Association designates adjustment of grievances shall be accomplished as rapidly as is possible. To that end, the Association President 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 is being considered. Initial private conference: A grievant shall first take up his/her designee as grievance with the local agent responsible for processing grievances through Level Threeprincipal or immediate administrative superior in private informal conferences. Every effort shall be made to adjust the grievance in an informal manner.
Level 1: If the 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. LEVEL ONE - A teacher– group Every effort should be made to develop an understanding of teachers, or the Association believing that there has been facts and the issues in order to create a violation shall, climate which will lead to a solution. The formal conference shall occur within ten (10) school days of its alleged occurrence, orally discuss the grievances last informal conference.
Level 2: In the event that the aggrieved person is not satisfied with the building Principal and disposition of his/her grievance at Level 1, or in the representative of the Association in an attempt to resolve the matter. If event that no resolution decision is obtained reached within five (5) school days following after the discussionpresentation of the grievance, he/she may appeal the grievant shall express the grievance matter 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 of Schools with the notice to the Board of Education. If the grievant does appeal the grievance to the Superintendent, the Superintendent or his designated representative, shall have confer with the grievant in an effort to arrive at a satisfactory solution within five (5) school days thereafter to approve or disapprove after the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to appeal has been received by the Superintendent. If the grievant does not appeal the grievance shall be denied by the Superintendent, either upon review of the action of the school principal or in the first instance, to 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 of the Superintendent is not satisfactory to the Association, the grievance may be submitted within twenty (20) school days to arbitration before an impartial arbitrator selected by after the partiesformal conference at Level 1, the appeal of the grievance shall automatically be waived.
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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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. Level 3: If the grievance is processed not adjusted to arbitrationthe satisfaction of the grievant, or if no decision is made thereon within ten (10) school days after the parties date the grievance was filed with the Superintendent or his/her designated representative under Level 2, then the grievant may submit appeal the grievance to expedited arbitration under the rules Board of Education for the purpose of final adjustment of the American Arbitration Association.grievance by submitting a written request to final adjustment of the grievance by submitting a written request to the Clerk of the Board of Education within ten (10) school days after the Superintendent, or his/her designated representative, has rendered a decision, or after the expiration of said ten
Appears in 2 contracts
Sources: Joint Agreement, Joint 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 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 be submitted. However, grievances alleging contract violations made by the ▇▇▇▇, 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 ▇▇▇▇▇ Education Association designates ▇, all decisions shall be submitted in writing at each step of the Association President or his/her designee as grievance procedure and the local agent responsible for processing grievances through Level Threedecision shall be submitted to both the grievant and the Union.
17.3.14 Grievances shall be filed on forms approved by the parties. LEVEL ONE - A teacher– group of teachers, 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 Association believing that there has been Union violates this provision, this action will be a violation shallwaiver 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 facilitate an investigation in order to expedite the grievance process. Such investigation may include the sharing of relevant documents, within ten (10) school days facts, records and data in the possession of its alleged occurrence, orally discuss either party.
7.3.17 Upon agreement between the grievances with the building Principal College’s Executive Director of Human Resources and the representative Union President, leave with pay may be granted to an employee to participate in a grievance meeting.
7.3.18 At any stage of the Association in procedure, the parties may initiate a settlement proceeding as an attempt to resolve the matter. 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 disapprove the a grievance. If the grievance proceeding is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance 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 of the Superintendent is not satisfactory to the Associationinitiated, the grievance may time limits will be submitted within twenty (20) school days to arbitration before an impartial arbitrator selected placed on hold in writing. The proceeding shall be conducted by a representative appointed by the parties.
a. Union and one appointed by the College. If either party determines that the proceeding should be terminated, that party may end the settlement proceeding by submitting a notification in writing to the other party of its intent to terminate the proceeding and reinstate the time limits. The arbitrator time limits 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 reinstated upon service to the Board other party of such reinstatement and to the Association. The arbitrator shall have no power to alter, add to or subtract from the terms include any portion 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship of any party, the Superintendent shall use his/her best efforts to process such grievance that expired prior to the end of parties agreement to toll 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 Associationtime limits.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. A grievance 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 grievance through an informal conference with the immediate supervisor 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 the grievant’s satisfaction, the grievant may present the grievance in writing to the immediate supervisor within five (5) days after expiration of the time period specified in Step One. The ▇▇▇▇▇▇ Education Association designates written grievance shall include the specific provision(s) of this Agreement that allegedly were violated, misinterpreted, or misapplied, a 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) days after receipt of a timely submitted written grievance. At Step Two of the grievance procedure, the grievant may elect in writing to represent himself/herself rather than have the Association President provide representation.
9.2.3 Step Three: If the grievance is not resolved to the grievant’s satisfaction at Step Two, the grievant may submit the written grievance and immediate supervisor’s response, if any, to the District Superintendent within five (5) days after receipt of the immediate supervisor’s written response at Step Two, or if the immediate supervisor fails to issue a timely response, within five (5) days after the expiration of the time period for issuance of a written response. Within five (5) days after the receipt of timely submitted grievance at Step Three, the Superintendent or his/her designee as the local agent responsible for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group of teachers, or the Association believing that there has been a violation shall, within ten (10) school days of its alleged occurrence, orally discuss the grievances will meet with the building Principal and the representative of the Association grievant in an attempt to resolve the matter. 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 disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have Within ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to after the Superintendent. If the grievance shall be denied by the Superintendent, either upon review of the action of the school principal or in the first instancemeeting, the Superintendent shall answer provide the grievance in writing and grievant with a written response to the grievance grievance.
9.2.4 Step Four: Mediation
9.2.4.1 If the grievant is not satisfied with the answer shall be transmitted disposition of the grievance, or if no disposition has occurred pursuant to the Association.
3. LEVEL THREE - If the decision provisions of the Superintendent is not satisfactory to the AssociationStep Four, the grievance may be submitted referred to grievance mediation within twenty ten (2010) school days of the Governing Board’s decision.
9.2.4.2 The grievant may request that a conciliator/mediator from the California State Mediation/Conciliation Service, or from any other mutually agreeable recognized dispute resolution center, be assigned to arbitration before assist the parties in the resolution of the grievance.
9.2.4.3 The mediator, shall meet with the grievant, the Association and the District for the purpose of resolving the grievance.
9.2.4.4 If an impartial arbitrator selected agreement is reached, the agreement shall be reduced to writing and shall be signed by the partiesgrievant, the Association and the District. This agreement shall be non-precedential and shall constitute a settlement of the grievance.
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 9.2.4.5 If an agreement is 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 dischargedreached, the arbitrator will have authority Association and District proceed 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 AssociationStep Five.
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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates A member(s) of the bargaining unit with an alleged grievance may initiate the 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 President 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 grievant prior to the scheduled meeting at which the Association representative may be present.
3. The above grievance need not be in writing and will remain confidential.
4. If the grievance is not resolved within five (5) days of the informal claim at LEVEL I, the grievant may request the Association Grievance Committee to continue with the grievance. If the committee agrees, the Association becomes the grievant and will continue with the grievance by proceeding to Level II. However, no grievance shall proceed to Level II unless it is an Association grievance. If the committee decides not to proceed with the grievance, the grievance will be withdrawn without prejudice or record. LEVEL II:
1. The grievant shall within five (5) days submit copies of the grievance in writing to the immediate administrator/supervisor.
2. Within five (5) days of the receipt of the grievance, the immediate administrator/supervisor shall meet with the grievant.
3. Within five (5) days of the meeting, the immediate administrator/supervisor shall write a disposition of the grievance and return a copy to 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) days of the disposition at LEVEL II, submit the grievance in writing to the Superintendent or his/her designee.
2. Within ten (10) days of the receipt of the written grievance, the Superintendent or his/her designee as shall meet with the local agent responsible for processing grievances through Level Threegrievant.
3. Within ten (10) days of this meeting, the superintendent or his/her designee shall write a disposition of the grievance and forward copies to the grievant (Association), the grieving employee, and the immediate administrator/supervisor.
4. If the grievant is not satisfied with the disposition of the grievance at LEVEL III, the grievant may pursue the grievance further by proceeding to LEVEL IV. LEVEL IV.
1. LEVEL ONE - A teacher– group of teachersThe Association shall notify the Superintendent by certified mail, or the Association believing that there has been a violation shallwith return receipt requested, within ten (10) school days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative after receipt of the Association in an attempt LEVEL III disposition that it intends to resolve the matter. If no resolution is obtained within five (5) school days following the discussion, the grievant shall express submit the grievance in writing and process in accordance with Level Twoto arbitration.
2. LEVEL TWO - If Within ten (10) days following the meeting is receipt of the 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 accordance with the school principal and rules of the parties cannot agree, 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. Once the grievance shall promptly be transmitted to the Superintendent who shall have five (5) school days thereafter to approve or disapprove the grievance. If the grievance is transmitted directly to the Superintendentarbitrator has been selected, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or conduct a group grievance may be submitted directly to the Superintendent. If the grievance 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 hearing on the grievance in accordance with the rules and regulations of the AAA.
4. The arbitrator shall hold the necessary hearing promptly and issue a decision 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 grievance with the answer shall be transmitted to the Associationhearing.
36. LEVEL THREE - If the The decision of the Superintendent is not satisfactory to the Association, the grievance may be 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 binding on any evidence not previously disclosed to the Board and to the Association. The arbitrator shall have no power authority to alter, add to add, or subtract from the terms and conditions 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 Actagreement.
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 lost7. The costs of any arbitration under this article the arbitrator shall be shared equally by the Board Association and the AssociationBoard.
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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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: Negotiated Agreement, Negotiated Agreement
Procedures. The ▇▇▇▇▇▇ Education 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 designates representative may accompany the Association President or his/her designee as teacher to assist in the local agent responsible for processing grievances through Level Three.
1informal resolution of the grievance. LEVEL ONE - A teacher– group of teachersIf, however, the informal process fails to satisfy the teacher or the Association believing that there has been Association, a violation shall, within ten (10) school days of its alleged occurrence, orally discuss grievance may be processed as follows:
STEP 1 In the grievances with the building Principal and the representative of the Association in an attempt to resolve the matter. If no resolution is obtained within five (5) school days following the discussionevent a problem cannot be resolved informally, the grievant shall express file a grievance within thirty (30) days of 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 event giving rise to the Superintendent grievance, or the grievant’s knowledge of the same, whichever is later, in writing, to the immediately involved supervisor, who shall have five arrange for a meeting to take place within six (56) school days thereafter to approve or disapprove of the receipt of the grievance. This meeting shall include the grievant 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 transmitted directly not resolved in Step 1, then the grievant may refer the grievance to the Superintendentsuperintendent within six (6) days after the receipt of the Step 1 answer. The 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, he/she the grievant shall have ten (10) school days from receipt 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 in Step 2, then the grievant may request the Association to approve or disapprove it. An submit the grievance to final and binding arbitration through the American Arbitration Association, or a group grievance may be submitted directly to which shall act as the Superintendentadministrator of the proceedings. 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 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 of the Superintendent is not satisfactory to the Association, the grievance may be 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 Associationdeemed withdrawn. The arbitrator shall have no power to alter, add to or subtract from over 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates parties hereto acknowledge that it is usually most desirable for an employee and the Association President or his/her designee as employee's immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, a local agent responsible for processing grievances through Level Three.
1association member may accompany the employee to assist in the informal resolution of the grievance. LEVEL ONE - A teacher– group of teachersIf, however, the informal process fails to satisfy the employee or the Association believing that there has been Association, a violation shallgrievance may be processed as follows:
3.2.1 Step I - The grievance must be presented in writing to the immediately involved supervisor, within ten (10) school working days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative date of the Association in an attempt event giving rise to resolve the matter. If no resolution is obtained grievance, who will arrange for a meeting to take place within five (5) school working days following after the discussionreceipt of the grievance. The Association's representative (optional), 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 grievant, and the parties cannot agree, immediately involved supervisor shall be present for the grievance shall promptly be transmitted to the Superintendent who shall have meeting. Within five (5) school working days thereafter to approve or disapprove of the grievance. 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 transmitted directly not resolved at Step I, then the employee, or the Association, may refer the grievance to the Superintendent or the Superintendent's official designee within five (5) working days after receipt of the Step I answer. The 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 representation such witnesses and counselors as it deems necessary. Within five (5) working days of the meeting, he/she the 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 Panhandle Community Unit District #2 Board of Education. The Board will have ten (10) school calendar days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to resolve the Superintendent. If the grievance 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 Associationgrievance.
3. LEVEL THREE 3.2.4 Step IV - If the decision Association is not satisfied with disposition of the Superintendent is not satisfactory to the Associationgrievance at Step III, the grievance may be 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 final and binding arbitration under the rules 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 date for the Step III answer, then the grievance shall be deemed withdrawn.
3.2.4.1 Neither the Board of Education nor the Association shall be permitted to assert any grounds or evidence before the arbitrator which has not previously been disclosed to the other party.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates 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 President or his/her designee from filing a grievance nor does it establish a precedent. However, a grievance shall be processed as follows:
Step I. The grievant shall present the local agent responsible for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group of teachersgrievance in writing, or signed, dated and specifying the Association believing that there has been a violation shall, remedy sought to the immediately involved administrator within ten (10) school days of its alleged the occurrence, orally discuss or date the grievances with grievant had knowledge of the building Principal 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 take place within ten (10) days of receipt to the grievance. The Association's representative, the grievant, and the representative immediately involved administrator shall be present for the meeting. Within ten (10) days of the Association in an attempt to resolve the matter. If no resolution is obtained within five (5) school days following the discussionmeeting, the grievant and the Association shall express be provided with the grievance in writing and process in accordance with Level TwoAdministrator's written response, including the reasons for the decision.
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 disapprove the grievanceStep II. If the grievance is transmitted directly not resolved at Step I, then the Association shall refer the grievance to the Superintendent or the Superintendent, he/she shall have 's official designee within ten (10) school days from after receipt of the Step I answer. The Superintendent shall arrange with the Association's representative for a meeting to approve or disapprove ittake place within ten (10) days of the Superintendent's receipt of the appeal. An Within ten (10) days of the meeting, the Association shall be provided with the Superintendent'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 binding arbitration with the American Arbitration Association, or a group grievance may be submitted directly to which shall act as the SuperintendentAdministrator 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 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 of the Superintendent is not satisfactory to the Association, the grievance may be submitted within twenty (20) school days to arbitration before an impartial arbitrator selected by the partiesdeemed withdrawn.
a. The arbitrator Neither the Board nor the grievant 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 grounds or to rely on any evidence before the arbitrator, which was not previously disclosed to the Board and to the Association. other party.
b. The arbitrator shall have no power to alter, add to or subtract from alter the terms of this Agreement. Both parties agree to be bound by agreement.
c. Each party shall bear the award full costs for its representation in the grievance procedure.
d. The fees and the expenses 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 any step fails to respond in a timely manner, 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 If only one party requests the event presence of a grievance is filed after May 1st court reporter, that party shall bear the cost of any year 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 strict adherence conclusions of law may be appealed to the time limits may result in hardship Circuit Court 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 AssociationClinton County.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates A. In the Association President or event that a grievant believes there is a basis for a grievance, the grievant may first discuss the alleged grievance with his/her designee principal or other appropriate supervisor either personally or accompanied by his/her Association representative.
B. Any employee may present his/her grievance to the District and have such grievance adjusted without the intervention of the Association, as long as the local agent responsible for processing grievances through Level ThreeAssociation 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 terms of this Agreement.
C. If the grievance is not resolved in A or B above, formal grievance procedures may be instituted.
STEP 1. LEVEL ONE - A teacher– group of teachers, or The grievant may invoke the formal grievance procedure through the Association believing that there has been on the grievance form which will be available from the Association representative in each building. A copy of the grievance form shall be delivered to the principal or appropriate supervisor. If the grievance involves more than one (1) school building, it may be filed with the Superintendent or a violation shallrepresentative 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 2. If the grievant is not satisfied with the disposition of the grievance, the grievance 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 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 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 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 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) school days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative receipt of the Association in an attempt to resolve written disposition of the matterBoard. If no resolution is obtained the parties cannot agree to the arbitrator within five (5) school days following from the discussionnotification date that arbitration will be pursued, 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 disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance 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 of the Superintendent is not satisfactory to the Association, the grievance may be 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 accordance with its rules, which rules which shall likewise govern the Arbitration hearingarbitration proceeding. The Board and Association parties shall not be permitted to assert in such arbitration proceeding any ground rule or to rely on any evidence not previously disclosed to the Board and to the Associationpresented at an earlier step. 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 decision 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 final 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 binding upon 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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: Collective Bargained Agreement, Collective Bargained Agreement
Procedures. 9.4.1 Step 1 Every effort shall be made to resolve grievances or potential grievances through free and informal communications between the grievant and his immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment of the grievance, the grievant may proceed to Step 2.
9.4.2 Step 2 The ▇▇▇▇▇▇ Education Association designates grievant or, at his request, the Association President on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or his/her designee as otherwise contribute to an acceptable adjustment of the local agent responsible for processing grievances through Level Threegrievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting.
1. LEVEL ONE - A teacher– group 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of teachersthe grievant, then the grievant, or the Association believing that there has been a violation shallacting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) school days of its alleged occurrence, orally discuss after the grievances grievance has been referred to him. Both the
9.4.4 Step 4 If the grievant is not satisfied with the building Principal and disposition of his grievance at Step 3 or if the representative of Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or the Association in an attempt to resolve acting on his behalf, may request a meeting with the matterBoard. Upon mutual agreement of both parties, Step 4 would occur. If no resolution a request for a meeting with the Board is obtained within five not delivered to the Superintendent with thirty (530) school days following the discussion, the grievant shall express the grievance in writing and process in accordance with Level Two.
2. LEVEL TWO - If after the meeting prescribed in Step 3 is with the school principal and the parties cannot agreeheld, the grievance shall promptly be transmitted to the Superintendent who shall have five (5) school days thereafter to approve or disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance 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 of the Superintendent is not satisfactory to the Association, the grievance may be 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 hearingdeemed withdrawn. 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 meet within the limits and procedure as set forth herein. If the administration at any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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.ten
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
Procedures. The ▇▇▇▇▇▇ Education 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 designates representative may accompany the Association President teacher to assist in the informal resolution of the grievance. This informal approach does not extend or his/her designee waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as the local agent responsible for processing grievances through Level Three.follows:
1. LEVEL ONE - A teacher– group of teachers, a. The teacher or the Association believing that there has been a violation shall, within ten (10) school days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative of the Association in an attempt to resolve the matter. If no resolution is obtained within five (5) school days following the discussion, the grievant shall express may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work days after the receipt of the grievance. The Association's representative, the grievant, and process in accordance with Level Two.
2the immediately involved supervisor may be present for the meeting. LEVEL TWO - If The purpose of the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work days of the meeting, the grievant and the Association shall be provided with the school principal and supervisor's written response, including the parties cannot agree, reasons for the grievance shall promptly be transmitted to the Superintendent who shall have five (5) school days thereafter to approve or disapprove the grievance. decision.
b. If the grievance is transmitted directly not resolved at Step A, then the grievant or the Association may refer the grievance to the Superintendentsuperintendent or the superintendent's official designee within 10 teacher work days after receipt of the Step A answer or within 15 teacher work days after the Step A meeting, he/she whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the appeal. Each party shall have ten (10) school the right to include in its representation such witnesses or counselors as it deems necessary. The purpose of the meeting is to resolve the issue. Within 10 teacher work days from receipt to approve of the meeting, the Association and the grievant shall be provided with the superintendent's written response, including the reasons for the decision.
c. If the grievance is not resolved at Step B then the grievant or disapprove it. An Association, or a group the Association may refer the grievance may be submitted directly to the SuperintendentBoard of Education within 10 teacher work days after the receipt of the Step B answer or within 20 teacher work days after the Step B meeting, whichever is the later. The Board of Education will hear all grievance appeals at the next regularly scheduled Board of Education meeting. Each party shall have the right to include in its representation such witnesses or counselors as it deems necessary. Within 10 teacher work days of the meeting, 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 Federal 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 party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance 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 Associationdeemed withdrawn.
3. LEVEL THREE - If the decision of the Superintendent is not satisfactory to the Association, the grievance may be 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 Association1. The arbitrator shall have no power to alter, add to or subtract from alter 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 His/her authority shall be found strictly limited to have been improperly reprimanded deciding only the issue or improperly deprived of a position, or unjustly discharged, the arbitrator will have authority issues presented to reinstate the teacher, with full reimbursement for all compensation lost. The costs of any arbitration under this article shall be shared equally him 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship of any party, the Superintendent shall use his/her best efforts to process such grievance prior 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 the arbitration. The cost of the arbitrator shall be divided equally between the parties.
3. If either party requests a transcript of the proceedings, that party shall bear the full cost of the transcript. If both parties order a transcript, the cost of the 2 transcripts shall be divided equally between the parties. If a copy of the transcript is furnished to the end of the school term or as soon thereafter as possible. If the grievance is processed to arbitrationarbitrator, the parties may submit cost of such shall be divided equally by the grievance to expedited arbitration under the rules of the American Arbitration Associationparties.
Appears in 2 contracts
Sources: Master Contract, Master Contract
Procedures. The ▇▇▇▇▇▇ Education Association designates After consultation with the Association President president or the grievance 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 communications. If, however, the informal process fails to satisfy the Employee, a grievance may proceed through the formal grievance steps set forth below.
STEP I The grievant shall present the grievance in writing to the immediate involved supervisor, who will arrange for a meeting to take place within ten (10) work days after receipt of the grievance. The written grievance shall identify the grievant, summarize relevant facts, and identify all provisions of the Agreement allegedly violated. Within ten (10) work days of the 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 as the local agent responsible for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group of teachers, or the Association believing that there has been a violation shall, within ten (10) school work days after receipt of its alleged occurrence, orally discuss the grievances Step 1 answer. The Superintendent or his/her designee shall arrange with the building Principal and the grievant or Association representative of the Association in an attempt for a meeting to resolve the matter. If no resolution is obtained take place 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 disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school work days from of the Superintendent’s or his/her designee’s receipt to approve of the appeal. Within ten (10) work days after the meeting, the grievant and the Association shall be provided with the Superintendent’s or disapprove it. An Associationhis/her designee’s written response.
STEP III If the grievance remains unresolved at the Superintendent level, or a group grievance may be submitted directly it shall proceed to the Board level. The Superintendent. If ’s response to the grievance shall be denied by heard at the Superintendent, either upon review next Board meeting.
STEP IV If the grievant is not satisfied with the disposition of the action of grievance at Step 3, then 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 of the Superintendent is not satisfactory to the Association, the grievance may be 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 within thirty (30) work days to expedited binding arbitration under the rules Voluntary Labor Arbitration Rules of the American Arbitration Association.
Appears in 2 contracts
Sources: Professional Services, Professional Services
Procedures. The ▇▇▇▇▇▇ Education Association designates 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 Association President complainant and his immediate supervisor or his/her designee 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 be processed as the local agent responsible for processing grievances through Level Three.follows:
Step 1. LEVEL ONE - A teacher– group of teachers, : The employee or the Association believing that there has been shall present the grievance in writing on the required form to the immediately involved supervisor [a violation shallcopy is in Appendix A]. The immediately involved supervisor shall arrange a meeting to take place within five (5) days after the receipt of the grievance. The grievant, his or her representative, the immediately involved supervisor, and a district representative shall be present for the meeting. Within five (5) days of the meeting, the grievant and the Association shall 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 resolved to the satisfaction of the grievant at Step 1, the grievant may refer the grievance to the Director of Schools within five (5) days after the receipt of the Step 1 response or within ten (10) school days of its alleged occurrenceafter the Step 1 meeting, orally discuss the grievances with the building Principal and the representative of the Association in an attempt whichever is later. The Director shall arrange for a meeting to resolve the matter. If no resolution is obtained take place within five (5) school days following davs of the discussionDirector’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) davs after the meeting, the grievant shall express be provided with the grievance in writing and process in accordance with Level TwoDirector’s written response, including the reasons for the decision.
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 disapprove the grievance. Step 3: If the grievance is transmitted directly to not resolved at Step 2 or the Superintendenttime limits expire without the issuance of the Director’s written reply, he/she shall have the 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) school days from receipt after the time limits for Step 2 have expired. This request shall be made in writing through the Director of Schools, who shall attach all related documents and forward the request to approve or disapprove iteach member of the Board. An AssociationThe board, or with counsel, shall review the grievance at a group closed work session with the employee and representation. The Board shall render a decision in writing within ten (10) days of the grievance may review. Copies of the decision of the Board of Education shall be submitted directly sent to the Superintendent. If aggrieved employee, to the grievance shall be denied by the SuperintendentDirector of Schools, 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 - Step 4: If the decision grievant is not satisfied with the disposition of the Superintendent is not satisfactory to grievance at Step 4 or the Associationtime limits expire without the issuance of the Board’s written reply, the grievant may submit the grievance may be submitted within twenty (20) school days to arbitration before an impartial arbitrator selected by the parties.
a. The arbitrator shall be selected from a list provided by the American Arbitration Association in accord (AAA). Adopted by the Claiborne County Board of Education, the arbitration request and arbitrator selection shall comply with its rules which shall likewise govern the Labor Arbitration hearingRules of the AAA. The Board and Association grievant shall not be permitted to assert in such share the fees and expenses of arbitration proceeding any ground or to rely on any evidence not previously disclosed to the Board and to the Associationequally. 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 decision of the arbitrator and agree that judgment thereon may shall be entered in any court advisor only, but will be adopted unless specifically rejected by a majority of competent jurisdiction where such award does not conflict with or deny the powers and duties total membership 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 within thirty (30) days of receipt or improperly deprived the scheduling of a positionregular board meeting, whichever occurs first. Notification of rejection or unjustly dischargedadoption must be written, stating the arbitrator will have authority to reinstate the teacher, with full reimbursement for all compensation lost. The costs date of any arbitration under this article shall be shared equally by the Board consideration 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 any step fails to respond in a timely manner, the grievance will be considered denied and may be moved to the next level. Failure vote of the grievant to meet any time limits will result in the grievance being considered as withdrawnBoard.
e. In the event a grievance is filed after May 1st of any year and strict adherence to the time limits may result in hardship 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: Memorandum of Understanding, Memorandum of Understanding
Procedures. The ▇▇▇▇▇▇ Education Association designates parties acknowledge that it is usually most desirable for an employee and the Association President or his/her designee as employee’s immediate supervisor to resolve problems through informal and free communications. If, however, the local agent responsible for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group informal process fails to satisfy the employee, a grievant may be accompanied by a representative of teachers, choice: Step One The employee or the Association believing that there Union shall file the grievance in writing with the immediate supervisor, who shall certify by signature the date the grievance was received. The written grievance shall state the nature of the grievance, shall note the specific clause or clauses of the Agreement, which are applicable, and shall state the remedy requested. The supervisor shall arrange for a meeting to take place with the grievant within ten (10) days after receipt of the grievance. The supervisor shall make a decision on the grievance and communicate it in writing to the grievant and the Superintendent within five (5) days of the meeting. Step Two In the event a grievance has not been a violation shallsatisfactorily resolved at Step One, the grievant may present the grievance within ten (10) days to the Superintendent, who will follow the same provisions as established in Step One. Step Three If the grievance is not satisfactorily resolved at Step Two, the grievant shall file, within ten (10) school days of its alleged occurrencereceipt of the Superintendent’s decision at Step Two, orally discuss the grievances a request for a hearing with the building Principal 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 within ten (10) days of the hearing and communicate it in writing to the grievant and the representative of the Association in an attempt to resolve the matterSuperintendent. Step Four 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 agreesatisfactorily resolved at Step Three, the grievance shall promptly be transmitted proceed to binding arbitration. The Union shall submit to the Superintendent who shall have five (5) school days thereafter a written request on behalf of the Union and the grievant to approve or disapprove the grievanceenter into binding arbitration. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance 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 of the Superintendent demand for binding arbitration is not satisfactory to the Association, the grievance may be submitted filed within twenty (20) school days of receipt of the Step Three decision, then the grievance shall be deemed withdrawn. Arbitration proceedings shall be conducted by an arbitrator 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 two parties from the terms a roster of this Agreement. Both parties agree to be bound arbitrators provided 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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. Within seven (7) days after the Union requests binding arbitration, 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 arbitrator shall be final and binding on the parties. The arbitrator, in their opinion, 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 them in writing by the District and the Union, and their decision must be based solely and only upon their interpretation of the meaning or application of the express relevant language of the Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates 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 President or his/her designee from filing a grievance nor does it establish a precedent. However, a grievance shall be processed as follows:
3.2.1 STEP I - The grievant shall present the local agent responsible for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group of teachersgrievance in writing, or signed, dated and specifying the Association believing that there has been a violation shallremedy sought, to the immediately involved administrator within ten (10) school days of its alleged the occurrence, orally discuss stating the grievances with Article and Section of the building Principal Agreement alleged to have been violated. The administrator will arrange for a meeting to take place within ten (10) days of receipt of the grievance. The Association’s representative, the grievant, and the representative immediately involved administrator shall be present for the meeting. Within ten (10) days of the Association in an attempt to resolve the matter. If no resolution is obtained within five (5) school days following the discussionmeeting, the grievant and the Association shall express be provided with the grievance in writing and process in accordance with Level Twoadministrator’s written response, including the reasons for the decision.
2. LEVEL TWO 3.2.2 STEP II - 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 disapprove the grievance. If the grievance is transmitted directly not resolved at STEP I, then the Association shall refer the grievance to the Superintendent, he/she shall have ’s official designee within ten (10) school days from after receipt of the STEP I answer. The Superintendent shall arrange with the Association representative for a meeting to approve or disapprove it. An Association, or a group grievance may be submitted directly to take place within (10) days of the Superintendent’s receipt of the appeal. Within ten (10) days of the meeting, the Association shall be provided with the Superintendent’s receipt of the appeal. Within ten (10) days of the meeting, the Association shall be provided with the Superintendent’s written response, including the reasons for the decision.
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 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 Associationdeemed withdrawn.
3. LEVEL THREE - If 3.2.3.1 Neither the decision of Board nor the Superintendent is not satisfactory to the Association, the grievance may be submitted within twenty (20) school days to arbitration before an impartial arbitrator selected by the parties.
a. The arbitrator grievant 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 grounds of evidence before the arbitrator, which was not previously disclosed to the Board and to the Association. party.
3.2.3.2 The arbitrator shall have no power to alter, add to or subtract from alter the terms of this Agreement. Both parties agree to be bound by .
3.2.3.3 Each party shall bear the award full cost for its representation in the grievance procedure.
3.2.3.4 The fees and the expenses 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 Associationparties.
c. It is expressly understood 3.2.3.5 If only one party requests the presence of a court reporter, that party shall bear the grievance procedure cost of the reporter. If both parties request a court reporter, they shall not apply to those matters from which statute authorizes specific remedy, such as share the Tenure Teacher Actcosts.
d. It is understood 3.2.3.6 If only one party requests the postponement of an arbitration hearing, that party shall bear the time limits are maximum and can be extended with the written mutual consent cost 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 any step fails to respond in a timely manner, 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 withdrawnsuch postponement.
e. In the event a grievance is filed after May 1st of any year and strict adherence to the time limits may result in hardship 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: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates parties hereto acknowledge that it is incumbent upon the Association President or ParaEducator and his/her designee 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 local agent responsible for processing grievances through Level Threeright of any ParaEducator having a grievance to discuss the matter informally with his/her immediate supervisor and having the grievance adjusted, provided the resolution agreed to is not inconsistent with the terms of this Agreement.
1. LEVEL ONE - A teacher– group of teachers, Level One The formal grievance procedure begins when the ParaEducator or the Association believing that there presents the grievance in writing to the Division Chair. The grievance statement must specify the nature of the grievance, section of this Agreement which has been a violation shallviolated, and the remedy sought. Such grievance shall be submitted within ten twenty (1020) school days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative occurrence or knowledge of the Association in an attempt event giving rise to resolve the mattergrievance. If no resolution is obtained The supervisor shall arrange for a meeting to take place within five (5) school days following after receipt of the discussiongrievance 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 grievance together with the supporting reasons therefore. Copies shall be given to the grievant, the grievant shall express Association and to the grievance in writing and process in accordance with Level TwoSuperintendent within three (3) days after the meeting.
2. LEVEL TWO - Level Two If the grievance is not resolved at Level One, or if no decision has been rendered within three (3) days after the meeting at Level One, the grievant or Association may appeal to the Principal of 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 (5) days. The Principal (or his/her designee) shall thereafter schedule a meeting with the school principal grievant, the Association, the supervisor, and the parties cannot agreeperson or persons chosen by the grievant within five (5) days of receipt of the grievance. Within three (3) days after such meeting, the grievance Principal shall promptly be transmitted issue a written decision, including the reasons upon which the decision was based, with copies furnished to the Superintendent who 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 thereafter in which to approve or disapprove the grievance. If the grievance is transmitted directly appeal in writing to the Superintendent, he. 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/she 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 receipt delivery of the Superintendent's (or his/her designee’s) written response to approve or disapprove it. An Association, or a group grievance may be submitted directly appeal to the SuperintendentBoard. If the grievance This appeal shall be denied by in writing, addressed 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, either upon review 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 action hearing or within five (5) school days of the school principal or in next scheduled Board meeting following the first instancehearing, whichever is later, the Superintendent Board (or its designee(s)) shall answer the grievance respond in writing and the grievance with the answer shall be transmitted to the grievant and Association.
35. LEVEL THREE - If Level Five In the decision event the grievance is not resolved, the Association may, on behalf of the Superintendent is not satisfactory to the Associationgrievant, within fifteen (15) school days, submit the grievance may be submitted within twenty (20) school days to binding arbitration before an impartial arbitrator selected by the parties.
a. The arbitrator shall be selected by through 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(AAA). The arbitrator shall rule only on the alleged violation and shall have no power to alter, add to or subtract from alter the terms and/or conditions of this Agreement or the working conditions of ParaEducators covered by this Agreement. Both parties agree to be bound by the award Each party shall bear 50% of the arbitrator and agree full cost of arbitration, except that judgment thereon may be entered in each party shall bear full cost for any court of competent jurisdiction where such award does not conflict with or deny the powers and duties transcripts of the Board granted by Legislative Actproceeding it requests.
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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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: Collective Bargaining Agreement, Negotiated Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇ Education Association designates ▇▇▇’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 President or his/her designee as accompany him in approaching his immediate supervisor. In such case, the local agent responsible for processing grievances through Level Threesupervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
1c) 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. LEVEL ONE - This form is shown in the Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A teacher– group of teachersformal grievance shall be filed as soon as possible, or the Association believing that there has been a violation shall, within but in no event longer than ten (10) school days after disclosure of the facts giving rise to the grievance. Within five (5) days of its alleged occurrencethe filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, orally discuss the grievances with the building Principal grievant, and the Association representative of and an answer to the Association grievance shall be given to the grievant in an attempt to resolve the matter. If no resolution is obtained writing within five (5) school days following after 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 disapprove the grievancemeeting. If the grievance is transmitted directly not settled at Level One, the Association may, within five (5) days after said decision, notify the 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 Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An grievant and the Association, or a group grievance may be submitted directly to the Superintendent. If the grievance shall be denied is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the Superintendentgrievant and the Association, either upon review be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of the action of the school principal or in the first instancesuch notice, and the Superintendent shall answer promptly notify the grievance in writing grievant and the grievance with Association of the answer date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the Association.
3grievant and the Association within seven (7) days after the hearing. LEVEL THREE - If Within five (5) days of receipt of the decision of the Superintendent is not satisfactory to the Associationat Level Three, the grievance may be submitted within twenty (20) school days to arbitration before an impartial arbitrator selected by the partiesarbitration.
a. a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall be selected by the American Arbitration Association render his decision in accord with its rules which shall likewise govern the Arbitration hearing. The Board writing 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 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 Actjurisdiction.
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. b) The costs of any arbitration under this article shall be shared equally by the Board and the Association.
c. It is expressly understood Association agree that the grievance procedure neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence 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 any step fails to respond in a timely manner, the grievance will be considered denied and may be moved disclosed 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 after May 1st of any year and strict adherence to the time limits may result in hardship of any party, the Superintendent shall use his/her best efforts to process such grievance other party 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 Associationsuch hearings.
Appears in 2 contracts
Sources: Master Contract, Master Contract
Procedures. When requested by the employee, an Association representative (BEEA member) may accompany the employee to assist in the resolution of the grievance. The ▇▇▇▇▇▇ Education 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 be processed as follows.
STEP 1: The grievant shall present the grievance in writing using the appropriate form to the immediately involved supervisor, who will arrange for a meeting to take place within four (4) days after the receipt of the grievance. The grievant and the immediately involved supervisor shall be present for the meeting, at the request of the grievant; an Association designates representative may be present. Within two (2) days of the meeting, the grievant shall be provided with the supervisor’s written response, including 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 official designee with in six (6) days after the receipt of the Step 1 answer or within eight (8) days after the Step 1 meeting, whichever is later. The Superintendent shall arrange with the grievant and/or the Association President or his/her designee as the local agent responsible representative for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group of teachers, or the Association believing that there has been a violation shall, within ten (10) school days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative of the Association in an attempt meeting to resolve the matter. If no resolution is obtained take place within five (5) school days following of the discussionSuperintendent’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within four (4) days of the meeting, the grievant shall express be provided with the Superintendent’s written response, including reasons for the decision.
STEP 3: If the grievant is not satisfied with the grievance in writing and process in accordance with Level Two.
at Step 2. LEVEL TWO - If , or the meeting is with time limits expire without 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 disapprove the grievance. If the grievance is transmitted directly to issuance of the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance 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 of the Superintendent is not satisfactory to the Association’s written reply, the grievance may be submitted to the 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 of the Board shall arrange for a meeting to take place with the grievant and/or Association representative within twenty (20) school days of the receipt of the appeal. Each party shall have the right to arbitration before an impartial arbitrator selected by include in its representation such witnesses and counselors as it deems necessary to determine pertinent facts to the partiesgrievance. Upon conclusion of the hearing, the President of the Board shall have eight (8) days in which to provide the written decision of the Board with reasons to the grievant.
a. The arbitrator STEP 4: If the grievant is not satisfied with the disposition of the grievance 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 in the ILLINOIS EDUCATIONAL LABOR RELATION ACT. If a demand for arbitration is not filed within thirty (30) days of the date for the Step 3 answer, then the grievance shall be selected by deemed withdrawn. Neither the American Arbitration Association in accord with its rules which shall likewise govern Board nor the Arbitration hearing. The Board and Association shall not be permitted to assert in such arbitration proceeding any ground grounds or to rely on any evidence before the arbitrator, which was not previously disclosed to the Board and to the Associationother party. The arbitrator shall have no power to alter, add to or subtract from alter the terms of this the 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 Contract, Master Contract
Procedures. The ▇▇▇▇▇▇ Education Association designates the Association association President or his/her designee as the local agent responsible for processing grievances through Level Three.
1. LEVEL ONE - – A teachermember – group of teachersmembers, or the Association believing that there has been a violation shall, within ten (10) school days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative of the Association in an attempt to resolve the matter. 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 disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance 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 of the Superintendent is not satisfactory to the Association, the grievance may be 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 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 teacherancillary 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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. 17.3.1 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.
17.3.2 Grievance proceedings shall be kept informal at all levels of this procedure.
17.3.3 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.
17.3.4 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.
17.3.5 The time limits set forth herein may be extended provided the 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 no later than ten (10) days after the grievant knew or reasonably should have known of the action which precipitated the grievance and contains, at a minimum, what contractual provision(s) of this collective bargaining agreement is alleged to have been violated, the facts constituting the alleged violation, the date of the incident giving rise to the grievance and the relief requested.
17.3.7 No reprisal or retaliation shall be taken against any person who participates in this procedure.
17.3.8 A grievant may be accompanied and represented by the Union and the charged party may be represented by a person of the 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 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. Any adjustment made shall be consistent with the provisions of this Agreement.
17.3.11 If a 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 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 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 times other than during scheduled workload hours.
17.3.14 Except for informal decisions at ▇▇▇▇▇ Education Association designates ▇, all decisions shall be submitted in writing at each step of the Association President or his/her designee as grievance procedure and the local agent responsible for processing grievances through Level Threedecision shall be submitted to both the grievant and the Union.
1. LEVEL ONE - A teacher– group of teachers, or the Association believing that there has been a violation shall, within ten (10) school days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative of the Association in an attempt to resolve the matter. 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 disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance 17.3.15 Grievances 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 of the Superintendent is not satisfactory to the Association, the grievance may be submitted within twenty (20) school days to arbitration before an impartial arbitrator selected filed on forms approved by the parties.
a. 17.3.16 The arbitrator parties shall be selected maintain confidentiality for all grievance proceedings and for documents required 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 law 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 Actkept confidential.
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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. 1. The ▇▇▇▇▇▇ Education Association designates aggrieved person shall discuss the Association President grievance informally with the immediate supervisor.
2. If the aggrieved person is not satisfied with the disposition of the grievance, he/she shall, within five (5) school days, present the grievance in writing to the Superintendent. The submission to the Superintendent shall contain a 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 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 designee as decision in writing within five (5) school days to the local agent responsible for processing grievances through Level Threeaggrieved person.
14. LEVEL ONE - A teacher– group If the aggrieved person is not satisfied with the disposition of teachersthe 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 five (5) school days after receipt of the decision or the expiration of the time by which a decision is to be rendered, whichever is sooner, may request in writing that the Association believing submit the grievance to advisory arbitration. If the Association determines that there has been a violation shallthe grievance is meritorious, it may submit the grievance to advisory arbitration by notifying the Superintendent of such fact in writing within ten (10) school days after receipt by the Association of its alleged occurrence, orally discuss the grievances request to submit the grievance 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 building Principal Board and the representative of the Association in an attempt to resolve the matterand begin hearings as soon as can be arranged. 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 disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance 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 of the Superintendent is not satisfactory to the Association, the grievance may be submitted within twenty (20) school days to arbitration before an impartial arbitrator selected by the parties.
a. The arbitrator shall be selected by restricted to consider only the American Arbitration Association in accord with its rules which shall likewise govern the Arbitration hearing. The Board and Association shall not be permitted question or questions submitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the Board and to the Associationhim. The arbitrator shall have no power authority only to alter, add to or subtract from interpret and apply the terms of this AgreementAgreement and shall not have any authority to alter in any way the terms and conditions of this Agreement or to add any provisions thereto. Both parties agree to be bound by The arbitrator shall issue his/her recommendations within thirty (30) calendar days after he/she has concluded the award hearings. The recommendations of the arbitrator and agree that judgment thereon may shall be entered in any court of competent jurisdiction where such award does advisory only, not conflict with or deny the powers and duties of the Board granted by Legislative Actbinding.
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 lost7. The costs for the services of any arbitration under this article the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be shared borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.
c. It is expressly understood that 8. To proceed beyond the Board, a 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 must be extended concerned only with the written mutual consent interpretation or application of both parties. Both parties should be encouraged to process the provisions of this Agreement, provided, however, in no event may a grievance as rapidly as possible and within proceed beyond the limits and procedure as set forth herein. If the administration at any step fails to respond in a timely manner, the grievance will be considered denied and may be moved Board if it arises out of or relates to the next level. Failure interpretation or application of any of the grievant to meet any time limits will result in the grievance being considered as withdrawnfollowing provisions of this Agreement; ARTICLE XI; or ARTICLE XII.
e. In the event a grievance is filed after May 1st of any year and strict adherence to the time limits may result in hardship 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: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates the Association President or his/her designee as the local agent responsible for processing grievances Step #1 — Every reasonable effort shall be made to resolve any potential grievance through Level Three.
1. LEVEL ONE - A teacher– group of teachers, or the Association believing that there has been a violation shall, within ten (10) school days of its alleged occurrence, orally discuss the grievances informal discussion with the building Principal and the representative of the Association immediate supervisor and/or administrator whose determination or conduct is in an attempt to question. If such informal discussion shall not resolve the matterissue 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 no resolution is obtained within five (5) school days following the discussiongrievance cannot be resolved informally, the grievant shall express aggrieved may file the grievance in writing and process in accordance with Level Two.
2his/her principal. LEVEL TWO - If The Step #3 — In the meeting is 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 school Superintendent. Within seven (7) days after such written grievance is filed, the aggrieved, representative of the aggrieved as desired, the principal and the parties cannot agreeSuperintendent or his designee, the grievance shall promptly be transmitted meet to the Superintendent who shall have five (5) school days thereafter to approve or disapprove resolve the grievance. The Superintendent or his designee shall file an answer within seven (7) days of the third step grievance meeting and communicate it in writing to the employee, the principal, and the Association. Step #4 — If the grievance is transmitted directly not resolved satisfactorily, the Association may refer the grievance to arbitration by giving written notice to the Superintendent, he/she shall have ten Superintendent within fifteen (1015) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance 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.
3Step #3 answer. LEVEL THREE - If the decision of the Superintendent is not satisfactory to the Association, the grievance may be submitted within twenty (20) school days to arbitration before an impartial arbitrator selected by the parties.
a. The arbitrator shall be selected by from panel(s) to be secured from the American Arbitration Association in accord with its rules which shall likewise govern act as administrator of the Arbitration hearingproceedings. 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 parties may by mutual agreement submit more than one grievance to the Board and to the Associationsame arbitrator. The arbitrator shall have no power right or authority to alteramend, modify, nullify, ignore, add to to, or subtract from the terms provisions of this agreement. The arbitrator’s decision must be based solely upon his/her interpretation of the meaning or application of the express relevant provision 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 The arbitrator's decision 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 Associationbinding.
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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates (a) Step 1: Informal: Within ten (10) days after the Association President or his/her designee as occurrence of an event giving rise to a grievance, the local agent responsible for processing grievances through Level Threeemployee involved shall discuss the matter with the Director of Nutritional Services in the employee's work area, with the object of resolving the matter informally.
1(b) Step 2: If the grievance is not resolved informally at the first step, the aggrieved employee shall file the grievance, in writing, with the district administrator assigned to that area, within ten (10) days after the informal conference. LEVEL ONE - A teacher– group The written grievance shall state the nature of teachersthe grievance, reciting the specific clause or clauses of the Association believing agreement allegedly violated and specify the remedy requested.
(c) Within ten (10) days after the Director of Nutritional Services assigned to that there area receives the written grievance, a meeting at a mutually agreeable time shall be held with the aggrieved to discuss the alleged grievance and attempt to resolve the same. The Director of Nutritional Services shall render a decision communicated in writing to the aggrieved employee including a copy to the Union within ten (10) 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 and communicate it in writing to the employee, including a violation copy to the Union.
(e) Step 4: If the answer of the Superintendent is not accepted, the Union, within ten (10) days after receiving the Superintendent's answer, may request that the grievance be submitted to a joint committee consisting of the Board's Chief Negotiator, Superintendent or designee, the aggrieved, and the business representative of the Union. The Superintendent or designee shall, within ten (10) school days of its alleged occurrence, orally discuss after the grievances with joint committee meeting notify the building Principal aggrieved and the representative Union in writing of the Association in an attempt to resolve the matter. 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 disapprove employer's decision on the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance 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 of the Superintendent is not satisfactory to the Association, the grievance may be 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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: 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 ▇▇▇▇▇▇▇ Education Association designates of the Association President 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 his/her designee as within ten (10) working days of when the local agent responsible 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 processing grievances through Level Threethe decision.
1Step 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. LEVEL ONE - 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 teacher– group written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of teachersthe meeting provided for in this paragraph.
Step 3: If the grievance is not satisfactorily resolved at the preceding step, the grievant(s), or the Association believing that there has been a violation shallUnion, 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) school working days of its alleged occurrence, orally discuss the grievances with time that the building Principal 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 representative ▇▇▇▇▇▇▇ of the Association meeting date and time. The Union shall have the right to include in an attempt its presentation such witnesses and materials as it deems necessary to resolve develop facts pertinent to the mattergrievance. If no resolution is obtained A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within five ten (510) school working days following the discussion, the grievant shall express the grievance in writing and process in accordance with Level Two.
2. LEVEL TWO - If of 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 disapprove the grievanceprovided for in this paragraph. If the grievance is transmitted directly to arises from a decision or action at the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance 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 of the Superintendent is not satisfactory to the AssociationVice President’s level, the grievance may be submitted initiated at Step 3, provided it is filed 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 any step fails to respond limit prescribed in a timely manner, 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 withdrawnStep 1.
e. In the event a grievance is filed after May 1st of any year and strict adherence to the time limits may result in hardship 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: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education 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 designates representative may accompany the Association President employee to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or his/her designee the Association, a grievance may be processed as the local agent responsible for processing grievances through Level Three.follows:
1. LEVEL ONE - A teachera. Step I – group of teachers, The employee or the Association believing that there has been a violation shall, may present the grievance in writing to the building principal within ten (10) school days of its alleged occurrencethe event. The building principal will arrange for a meeting to take place within ten (10) days after receipt of the grievance. The Association’s representative, orally discuss the grievances grievant, and the principal shall be present for the meeting. Within five (5) days of the meeting, the grievant and the Association shall be provided with the building Principal and principal’s written response, including the representative reasons for the decision.
b. Step II – If the grievance is not resolved at Step I, then the grievant or the Association Representative may refer the grievance to the Superintendent or his assignee with ten (10) days after the receipt of the Step I answer. The Superintendent shall arrange with the grievant or the Association in an attempt representative for a meeting to resolve the matter. If no resolution is obtained take place within five (5) school days following of the discussion, Superintendent’s receipt of the grievant shall express the grievance in writing and process in accordance with Level Two.
2appeal. 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 Each party shall have five (5) school days thereafter the right to approve or disapprove the grievancerepresentation. If the grievance is transmitted directly to the Superintendent, he/she shall have Within ten (10) school days from receipt to approve or disapprove it. An Associationof the meeting, or a group grievance may the Association shall be submitted directly to provided with the Superintendent’s receipt of the appeal. Each party shall have the right to representation. Within ten (10) days of the meeting, the Association shall be provided with the Superintendent’s written response, including the reasons for the decision.
c. Step III – If the 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 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 Associationdeemed withdrawn.
31. LEVEL THREE - If Neither the decision of Board nor the Superintendent is not satisfactory to the Association, the grievance may be 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 grounds or to rely on any evidence before the arbitrator which was not previously disclosed to the Board and to the Associationother party.
2. The arbitrator shall have no power to alter, add to or subtract from alter the terms of this Agreementagreement.
3. Both parties agree to be bound by The fees and the award expenses 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 Associationequally.
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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. 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 be processed as follows:
A. The ▇▇▇▇▇▇ Education Association designates grievant shall present the Association President grievance in writing within twenty-two (22) days of occurrence of the event giving rise to the grievance, (or his/her designee as within 22 days from the local agent responsible for processing grievances through Level Threedate 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.
1. LEVEL ONE - A teacher– group of teachersB. If the grievance is not resolved at Step A, the aggrieved may refer the grievance to the Superintendent or the Association believing that there has been a violation shall, official designee within ten (10) school days after the receipt of the Step A answer. The Superintendent shall arrange for a meeting to take place with ten (10) days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative receipt of the Association in an attempt to resolve appeal. Within ten (10) days of the matter. If no resolution is obtained within five (5) school days following the discussionmeeting, the grievant shall express be provided with the Superintendent’s written response.
C. If the grievant is not satisfied with the answer at Step B, the grievant may submit 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 disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have Board of Education within ten (10) school days from receipt to approve or disapprove itbe discussed at the next regular Board meeting. An AssociationWithin ten (10) days of the meeting, or a group grievance may be submitted directly to the Superintendent. If the grievance grievant 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 provided with the answer shall be transmitted to Board’s written response, including the Association.
3. LEVEL THREE - If reasons for the decision of the Superintendent is not satisfactory to the Association, the grievance may be submitted within twenty (20) school days to arbitration before an impartial arbitrator selected by the partiesBoards’ decision.
a. The arbitrator grievant may request a closed hearing.
b. Neither the Board not the Grievant 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 grounds or to rely on any evidence evidence, which was not previously disclosed to the Board 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 Association. The arbitrator shall have no power to alter, add to or subtract from the terms provisions of this Agreement. Both parties agree His authority shall be strictly limited to be bound deciding only the issues presented to him in writing by the award School District and the Association, and his decision must be based solely upon his interpretation of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction where such award does not conflict with meaning or deny the powers and duties application of the Board granted by Legislative Actexpress relevant language of the Agreement this opinion, shall not amend, modify, nullify, ignore, or add.
b. ii. Each party shall bear the full costs for its representation in the grievance procedure.
iii. If any teachers either party requests a transcript of the proceedings, that party shall bear the full costs for whom that transcript. If both parties order a grievance is sustained transcript, the cost of the two (2) transcripts 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 divided equally by between the Board and the Association.
c. It is expressly understood iv. Each party shall share equally the cost of the arbitrator and A.A.A.
▇. ▇▇▇▇▇▇▇ of the teacher or the Association to act on a grievance within the prescribed time limits will bar any further appeal. An Administrator’s failure to give a decision within the time 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 shall not apply may be bypassed and the grievance brought directly to those matters from which statute authorizes specific remedy, such as Step B if mutually agreed upon by the Tenure Teacher Actemployee and the Superintendent.
d. It is understood that D. Class grievances involving one (1) or more teachers or one (1) or more supervisors and grievances involving administrators above 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 any step fails to respond in a timely manner, the grievance will be considered denied and building level may be moved to initially filed by the next level. Failure 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 meet discuss any time limits will result in grievance if the grievance being considered as withdrawnAssociation representative is not present, if one is requested.
e. In ▇. ▇▇ reprisals shall be taken by the event Board or Administration against a grievance is filed after May 1st teacher because of any year and strict adherence to the time limits may result in hardship of any party, the Superintendent shall use his/her best efforts to process such grievance prior to participation in a grievance.
G. With the end of the school term or as soon thereafter as possible. If the grievance is processed to arbitrationSuperintendent’s approval, the parties Grievant and the local representative may submit the grievance be released from his/her assignment with loss of pay or benefits to expedited arbitration under the rules of the American Arbitration Associationattend meetings specified in Section 10.2.
Appears in 2 contracts
Sources: Teacher Contract, Teacher Contract
Procedures. The ▇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 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 adjust the grievance in an informal 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 formal conference shall occur within five (5) days of the written request or the informal conference. In the event that the grievance is not resolved at ▇▇▇▇▇ Education Association designates ▇, the Association President or his/her designee as the local agent responsible for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group of teachers, or the Association believing that there has been a violation shall, grievant may within ten (10) school days appeal the matter in writing to the Superintendent of its alleged occurrencethe District or another administrator provided by the ESD when the grievant’s immediate supervisor is also the Superintendent. The Superintendent, orally discuss the grievances Superintendent’s designated representative, or other named administrator shall confer with the building Principal and grievant in an effort to meet a satisfactory solution within a reasonable time limit. If the representative grievance has not been resolved within ten (10) days after the grievance was discussed with the Superintendent or the Superintendent’s designee pursuant to ▇▇▇▇▇ ▇ 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 Association District. The request for the meeting with the Board of Directors shall be in an attempt to resolve writing and filed with the matterSuperintendent of the District as Secretary of the Board of Directors. If no resolution is obtained The Board of Directors will, within fifteen (15) days after the receipt of the written request, confer with the grievant and within five (5) school days following the discussiondays, render a decision to be submitted to the grievant shall express in writing. In 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 disapprove the grievance. If event that the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance shall be denied not settled by the Superintendent, either upon review disposition of the action of the school principal or in the first instanceBoard, 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 of the Superintendent is not satisfactory to the Association, the grievance may be submitted then 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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.five
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. (A) Stage 1
(1) The ▇▇▇▇▇▇ Education Association designates aggrieved party shall orally present the Association President or his/her designee as grievance to the local agent responsible for processing grievances through Level Threeimmediate administrator who shall orally and informally discuss the grievance with the aggrieved party. The immediate administrator shall render a determination to the aggrieved party within ten (10) calendar days after the grievance has been discussed. If such grievance is not satisfactorily resolved at this stage, the aggrieved party may proceed to Stage 2.
1. LEVEL ONE - A teacher– group of teachers, or the Association believing that there (B) Stage 2
a) Within ten (10) calendar days after a determination has been made at the preceding stage, the aggrieved party may submit a violation grievance in writing to the Superintendent for review and determination.
b) The Superintendent shall, within ten (10) school calendar days of its alleged occurrencereceiving the written appeal, orally discuss hold a hearing at which the grievances with aggrieved party, and/or the building Principal aggrieved party's representative, and the representative all parties of the Association interest may be present in an attempt effort to resolve the mattergrievance. If no resolution is obtained within five (5) school days following the discussion, the grievant The Superintendent shall express render a written determination on 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 disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have within ten (10) school calendar days from receipt to approve or disapprove it. An Associationof the date of the hearing.
(C) Stage 3
(1) The aggrieved party may, or a group grievance may be submitted directly to within ten (10) calendar days of the Superintendent. If the grievance shall be denied determination by the Superintendent, either upon make a written request to the Board of Education for review and determination. All written statements and records of the action case shall be submitted to the President of the school principal or in Board of Education by the first instance, the Superintendent shall answer the grievance in writing and the grievance with the answer shall be transmitted to the Association.
3Superintendent. LEVEL THREE - If the decision The Board of the Superintendent is not satisfactory to the Association, the grievance may be submitted Education will hold a hearing within twenty (20) school calendar days of receiving the written appeal to obtain further information regarding the grievance. At this hearing the aggrieved party, and/or the aggrieved party's representative, and all parties of interest may be present in an effort to resolve the grievance. The Board will render a written determination on the grievance within fifteen (15) calendar days after the conclusion of the meeting.
(D) Stage 4
(1) If the aggrieved party is not satisfied with the disposition of the grievance at Stage 3, the aggrieved party may appeal to arbitration before an impartial within ten (10) calendar days of the receipt of the Stage 3 decisions. The rules and regulations of the American Arbitration shall govern the selection of the arbitrator selected by and the partiesconduct of the procedures and hearings.
a. (2) The arbitrator so selected will hear the matter promptly and will issue a decision not later than thirty (30) calendar days from the date the final post-hearing briefs are submitted. The arbitrator's decision will be in writing, and will set forth the finding of facts and the reasons therefore, in detail.
(3) The arbitrator shall be selected by without power or authority to make any decision contrary or inconsistent with applicable law or rules or regulations having 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 Associationforce of law. The arbitrator shall have no power to alter, add to or subtract detract from the terms of this Agreement. Both parties agree to be bound by the award provisions of the arbitrator Agreement.
(4) The Arbitrator's decision shall be final and agree that judgment thereon may binding. The election to submit a grievance to arbitration shall automatically be entered in any court a waiver of competent jurisdiction where such award does not conflict with all other remedies or deny forums which otherwise could be available.
(5) The costs for the powers and duties services of the Board granted by Legislative Act.
b. If any teachers for whom a grievance is sustained shall arbitrator, including expenses, if any, will 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 borne equally by the Board District 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates parties agree that it is desirable for problems to be resolved between the employee and his/her immediate supervisor, and nothing herein shall prevent an employee from taking up any claimed grievance with his/her immediate supervisor before formal filing of said grievance.
A. Step One Within thirty (30) days of the date an alleged grievance occurs, the grievant must present the grievance in writing to the immediately involved administrator (Step One Grievance Form located in Appendix 16), who will arrange for a meeting to take place within four (4) days after receipt of the grievance. Said administrator shall provide the grievant and the Association President with a written answer to the grievance together with the reasons for the decision within four (4) days after the meeting (Step One Grievance Form-back located in Appendix 16B).
B. Step Two If the grievance is not settled at Step One, then the grievance may be referred in writing to the Superintendent or his/her designee within ten (10) days after the grievant’s receipt of the administrator’s answer at Step One, (Step Two Grievance Form located in Appendix 17). The written grievance shall give a clear and concise statement of the alleged grievance, including the facts on which the grievance is based, reference to the specific terms of the Agreement which have been violated, the issues involved, and the remedy sought. The Superintendent or designee shall arrange for a meeting with the grievant to take place within seven (7) days of receipt of the appeal. The parties shall have the right to include in the meeting such witnesses and counselors as they deem necessary to develop facts pertinent to the local agent responsible grievance. Each party shall pay for processing grievances through Level Threeits witnesses. Upon conclusion of the meeting, the Superintendent or designee will have seven (7) days to provide a written decision, together with the reasons for the decision to the Association and grievant, (Step Two Grievance Form - back located in Appendix 17B).
1. LEVEL ONE - A teacherC. Step Three – group of teachersBinding Arbitration If the grievance is not settled at Step Two, or the Association believing that there has been a violation shallgrievant may, within ten (10) school days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative after receipt of the Superintendent’s or designee’s answer to Step Two, request in writing that the Association in an attempt submit his/her grievance to resolve arbitration (Step Two Grievance Form – back). The Association may, by written notice to the matter. If no resolution is obtained Superintendent within five seven (57) school days following after receipt of the discussionrequest from the employee, the grievant shall express submit the grievance to binding arbitration (Step Three Grievance Form located in writing and process Appendix 18). Arbitration shall be conducted in accordance with Level Twoprovisions which follow:
1. Selection of Arbiter by Agreement In regard to each case that reaches arbitration, the parties will attempt to agree on an arbiter to hear and decide the particular case. If the parties are unable to agree to an arbiter within ten (10) days after submission of the written request for arbitration, the provisions of “2” below (Selection of the Arbiter by American Arbitration Association) shall apply to the selection of an arbiter.
2. LEVEL TWO - If Selection of the meeting Arbiter by American Arbitration Association In the event an arbiter is with the school principal and not agreed upon as provided in “1” above, the parties cannot agree, shall jointly request the grievance shall promptly be transmitted to the Superintendent who shall have five (5) school days thereafter to approve or disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance shall be denied by the Superintendent, either upon review services 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 American Arbitration Association.
3. LEVEL THREE - If the decision of the Superintendent is not satisfactory to the Association, the grievance may be submitted within twenty (20) school days to arbitration before an impartial arbitrator selected by the parties.
a. The arbitrator arbiter shall be selected by the American Arbitration Association in accord with its rules, which rules which shall likewise govern the arbitration proceeding.
D. Arbitration hearingRules of Procedure Arbitration proceedings shall be in accordance with the following:
1. 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 arbiter shall have no power to alter, add to to, or subtract from the terms of this Agreement. Both He/she shall hear and accept pertinent evidence submitted by both parties agree and shall be empowered to be bound by request such data as the award arbiter deems pertinent to the grievance and should render a decision in writing to both parties within twenty (20) days (unless mutually extended) 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 completion of the Board granted by Legislative Act.
b. If any teachers for whom a grievance is sustained hearing. Neither party shall be found permitted 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 any step fails to respond in a timely manner, 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 assert in the grievance being considered as withdrawn.
e. In arbitration proceedings any evidence which change the event a grievance is filed after May 1st issues submitted at Step Two. Upon request of any year and strict adherence to the time limits may result in hardship of any either party, the Superintendent merits of a grievance and the arbitrability issues arising in connection with that grievance shall use his/her best efforts to process such be consolidated for hearing before an arbiter; provided the arbiter shall not resolve the question of arbitrability of a grievance prior to having heard the end merits of the school term or as soon thereafter as possiblegrievance. If Upon request of either party, the arbitrability of the grievance is processed to arbitration, the parties may submit the grievance to expedited arbitration under shall be determined by an arbiter in accordance with the rules and procedures of the American Arbitration Association.
2. The arbiter shall issue a decision in writing on the issue presented for arbitration which decision shall be final and binding on both parties.
3. The arbiter shall rule only on the basis of information presented in the hearing and shall refuse to receive any information after the hearing except when there is mutual agreement in the presence of both parties.
4. Each party to the proceedings may call such witnesses as may be necessary in the order in which their testimony is to be heard. Such testimony shall be limited to the matters set forth in the written statement of grievance. The arguments of the parties may be supported by oral comment and rebuttal. Either or both parties may submit written briefs within a time period mutually agreed upon. Such arguments of the parties, whether oral or written, shall be confined to and directed at the matters set forth in the grievance.
5. Each party shall pay any compensation and expenses relating to its own witnesses or representatives.
6. The costs for the services of the arbiter, including per diem expenses, if any, and his/her travel and subsistence expenses and the cost of any hearing room, will be shared equally by the Employer and the Association. All other costs will be borne by the party incurring them. The total cost of the stenographic record (if requested) will be paid by the party requesting it. If the other party also requests a copy, that party will pay one-half (1/2) of the stenographic costs.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates Every effort shall be made to resolve grievances, or potential grievances, through free and informal communications between the Association President or grievant and his/her designee as the local agent responsible for processing grievances through Level Three.
1immediate administrative supervisor. LEVEL ONE - A teacher– group of teachersHowever, or the Association believing that there has been a violation shall, within ten (10) school days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative if such informal processes fail to provide an acceptable adjustment of the Association in an attempt to resolve the matter. If no resolution is obtained within five (5) school days following the discussiongrievance, 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 disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance 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 of the Superintendent is not satisfactory to the Association, then the grievance may be submitted processed as follows:
a. Step I: The grievant, or at his/her request the Association on his/her behalf, may submit an executed Grievance Review Form to the grievant's immediate administrative supervisor within twenty (20) school days after the alleged act first became known 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 hearinggrievant. The Board immediate supervisor shall then arrange for a meeting to take place within four (4) days after receipt of the form. The grievant, his/her immediate administrative supervisor and a representative of the Association, shall attend the meeting. In addition, both the supervisor and the grievant may have present others who might contribute to a better understanding of the facts and issues or otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and the Association shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed with a written response to the Board and to Grievance Review Request within two (2) days after 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 Actmeeting.
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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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. Step II: If the grievance is processed not adjusted at Step I to arbitrationthe satisfaction of the grievant, then the parties grievant, or the Association (acting on his behalf) may submit refer the grievance to expedited arbitration under the rules superintendent within six (6) days after receipt of the American Arbitration answer prescribed in Step I. The superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the organization waives its right to have representatives attend the meeting, within five (5) days after the grievance has been referred. Both the superintendent and the grievant may have present others who might contribute to an acceptable adjustment of the grievance. The superintendent shall provide a written decision concerning the grievance and any adjustment on it within four (4) days after the meeting.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Grievances shall be processed as rapidly as possible. All grievance hearings shall be closed to outside parties unless by mutual agreement. Level One: A grievant may initiate the procedure by filing a written statement of grievance, citing the relevant provisions of the Agreement, with the person at the lowest administrative level with authority to decide the grievance. A meeting will be held at a mutually acceptable time to discuss the grievance within five (5) days of the receipt of the written statement. The ▇▇▇▇▇▇ Education Association designates the Association President or immediate supervisor shall respond in writing with reasons for his/her designee as decision within five (5) days of the local agent responsible for processing grievances through meeting. If the grievance is unresolved, the grievance may be appealed to Level Three.
1Two. LEVEL ONE - A teacher– group Level Two: The written grievance may be advanced to Level Two, by certified mail or by email, to the District Superintendent within 15 working days of teachers, or the Association believing that there has been receipt of response of the Level One. The Superintendent shall conduct a violation shall, hearing within ten (10) school days of its alleged occurrencereceipt of the appeal at a mutually agreeable time and place. At this hearing, orally discuss the grievances with Superintendent shall hear facts, evidence, and the building Principal and arguments of the representative of the Association in an attempt to resolve decision-maker and of the mattergrievant. If no resolution the Superintendent is obtained the decision-maker at the hearing, he/she shall present the facts, evidence and argument supporting the decision made, as well as listening to the presentation of the grievant. A written decision must be made within five (5) school days following from the discussiondate of the hearing. If unresolved, the grievant shall express the grievance in writing and process in accordance with may appeal at Level Two.
2Three. 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 disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group Level Three: The written grievance may be submitted directly advanced to Level Three by certified mail or by email to the Superintendent. If the grievance shall be denied by the Superintendent, either upon review District requesting arbitration within 15 working days of the action receipt 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 response of the Superintendent is not satisfactory Level Two. The Association or their representative may submit a written grievance by certified mail or by email, to the Association, the grievance may be submitted within twenty (20) school days to arbitration before an impartial arbitrator selected by the parties.
a. arbitration. The arbitrator shall will be selected from the list of arbitrators supplied by the American Arbitration Association in accord with its rules which (AAA). He/she shall likewise govern be selected using 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 procedures of the Board and to the AssociationAAA. 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship of any party, the Superintendent shall use render his/her best efforts written decision within thirty (30) days. Should the arbitrator be unable to process such grievance prior to meet the end of the school term or as soon thereafter as possible. If the grievance is processed to arbitrationthirty (30) day timeframe, the parties may submit shall consider extending the grievance to expedited arbitration under the rules of the American time allowed. The Alaska Uniform Arbitration AssociationAct (Chapter 43, Title 9, Alaska Statutes) is incorporated into this article by reference.
Appears in 1 contract
Sources: Negotiated Agreement
Procedures. The ▇parties hereto acknowledge it is usually most desirable for a teacher and the teacher’s building principal or immediate supervisor to resolve problems through free and informal communications. Nothing contained herein shall be construed as limiting the right of a teacher having problems to discuss the matter informally and the parties agree every attempt should be made to resolve the problem at an informal level prior to initiating the grievance procedure.
Level 1 If the problem cannot be resolved informally, the grievant shall indicate in writing, to the building principal, within fifteen (15) days of the alleged violation of the Agreement, or grievant’s reasonable knowledge of same, but not to extend beyond the first day of the next school year, that a written response is requested within ten (10) days. If the problem is not resolved or no written response has been rendered within ten *Note – In instances involving grievances on the Superintendent, the Superintendent will be responsible for the performance of the Level 1 procedure. If the grievance concerning the Superintendent is not resolved at ▇▇▇▇▇ Education Association designates ▇, and the Association grievant wishes to continue with the process, then the Board President or his/her his designee as the local agent will be responsible for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group of teachers, or the Association believing that there has been a violation shall, within ten (10) school days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative performance of the Association Level 2 procedure. Level 2 – If the grievance is not resolved in an attempt Level 1, the grievant may refer the grievance to resolve the matter. If no resolution is obtained Superintendent or designee within five (5) school days following after the discussion, receipt of the Level 1
Level 3 If the grievant shall express is not satisfied with the disposition of 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 disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If time limit expires without the grievance 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 of the Superintendent is not satisfactory to the Association, the grievance may be 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 issue of a positionwritten reply, 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 any step fails to respond in a timely manner, the grievance will be considered denied and may be moved to the next level. Failure of then the grievant to meet any time limits will result in may request the grievance being considered as withdrawn.
e. In the event a grievance is filed after May 1st of any year and strict adherence to the time limits may result in hardship 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 Association submit the grievance to binding expedited arbitration. The arbitration proceedings shall be conducted under the voluntary labor arbitration rules of the American Arbitration Association. If a demand for arbitration is not filed within thirty
A. Neither the Board nor the Association shall be permitted to assert before the Arbitrator any new violation, misrepresentation, or misapplication of the specific terms of this agreement which are not stated in the written grievance or any reference not stated in the written responses to the grievance not disclosed prior to Level 3. Documentary evidence not disclosed to the other party in support of the written grievances or responses thereto prior to Level 3 shall not be received as evidence in the arbitration on that grievance, unless the Board and Association mutually agree otherwise.
B. The arbitrator may recommend any award which the arbitrator judges to be proper to make the grievant whole, but cannot alter the terms of the contract.
C. The fees and expenses of the arbitrator and the cost of a written transcript for the arbitrator shall be divided equally between the Board and the Association, provided, however, that each party shall be responsible for compensating its own representatives and witnesses, and purchasing its own copy of the written transcript.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Step 1 — A good faith attempt shall be made to resolve any grievance in an informal discussion between the grievant and the appropriate supervisor. Although nothing herein shall prevent an employee from having Association designates representation throughout any step of the grievance procedure, the Association President 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 2 — If the grievance cannot be resolved informally, the grievant or the Association may file the grievance in writing with the Director of Transportation or another appropriate supervisor. The written grievance should state the nature of the grievance, the specific clause or clauses of the Agreement violated, and the remedy requested. Filing of the written grievance must be done within fifteen (15) days, or as otherwise mutually agreed between the Board and the Association, from the date of the occurrence of the event giving rise to the grievance or when the grievant could reasonably have had knowledge thereof. The Director or supervisor shall within ten (10) days of receipt of the grievance schedule a meeting to resolve the grievance. He/she shall issue
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 to Step 2, or, if no answer is received within the time specified in Step 2, within seven (7) days of the 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 Superintendent or his/her designee as shall file an answer with the local agent responsible for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group of teachersgrievant, or the supervisor, and the Association believing that there has been a violation shall, President within ten seven (107) school days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative of the Association in an attempt to resolve the matter. 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 Twothat meeting.
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 disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance 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 of the Superintendent is not satisfactory to the Association, the grievance may be 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates the Association President or his/her designee as the local agent responsible for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group Grievance proceedings shall be kept informal and confidential at all levels of teachers, or the Association believing that there has been a violation shall, within ten (10) school days this procedure. Breach of its alleged occurrence, orally discuss the grievances with the building Principal and the representative of the Association confidentiality may result in an attempt to resolve the matter. 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 Twodisciplinary action.
2. LEVEL TWO - 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.
3. If the meeting is College fails to comply with the school principal and time limit requirements as set forth under any of the parties cannot agreeprocedure levels, the grievance shall promptly be transmitted considered automatically appealed to the Superintendent who shall have five (5) school days thereafter to approve or disapprove next level of the grievanceprocedure.
4. If the grievance is transmitted directly grievant fails to comply with the Superintendentgrievant’ s time limit requirements as set forth under any of the procedure levels, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance shall be denied considered null and void or, in the case of appeals, the previous decision by the Superintendent, either College shall be final.
5. The time limits set forth herein may be extended provided the extension has been mutually agreed 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 of the Superintendent is not satisfactory to the Association, the grievance may be 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 hearing6. The Board and Association A grievance shall not be permitted to assert in such arbitration proceeding 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.
7. No reprisal or retaliation by any ground or to rely on any evidence not previously disclosed party to the Board grievance shall be taken against any party as a result of participation in the proceeding of a grievance.
8. A grievant and the party charged may be accompanied and represented at any hearing or meeting conducted under this procedure.
9. A staff member, acting individually, may present a grievance 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 staff member, the Federation as a party to this Agreement, will be afforded the Associationopportunity to be present and present its views. The arbitrator Any adjustment made shall have no power to alter, add to or subtract from be consistent with the terms provisions of this Agreement.
10. Both parties agree to be bound If a grievance affects a group of two or more staff members of the bargaining unit or involves a decision or action by the award of the arbitrator and agree College 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 has a grievance is sustained shall be found to have been improperly reprimanded or improperly deprived of a position, or unjustly dischargedsystem‐wide impact, 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 Federation may submit the grievance to expedited arbitration under the rules on behalf of the American Arbitration Associationaffected staff members at Level Two of this procedure. The parties may submit this grievance at Level One if all of the members of the bargaining unit affected by the grievance have the same supervisor.
11. The parties may cooperate in any investigation that may be necessary in order to expedite the process.
12. 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.
13. 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.
14. Unless otherwise agreed to by the parties, the processing of grievances shall be conducted during work time.
15. 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.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 9.4.1 Step 1 Every effort shall be made to resolve grievances or potential grievances through free and informal communications between the grievant and his immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment of the grievance, the grievant may proceed to Step 2.
9.4.2 Step 2 The ▇▇▇▇▇▇ Education Association designates grievant or, at his request, the Association President on his behalf, may submit an executed Grievance Review Request Form (Appendix 4) to the grievant's immediate administrative supervisor who shall arrange for a meeting to take place within four (4) days after receipt of the form. The grievant, his immediate supervisor, and a representative of the Association, unless the Association waives its right to have its representative present, shall attend the meeting. In addition, both the supervisor and the grievant may have present, others who might contribute to a better understanding of the facts and issues or his/her designee as otherwise contribute to an acceptable adjustment of the local agent responsible for processing grievances through Level Threegrievance. The supervisor shall provide the grievant and recognized employee organization with a written response (Appendix 5) to the Grievance Review Request Form within four (4) days after the meeting.
1. LEVEL ONE - A teacher– group 9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of teachersthe grievant, then the grievant, or the Association believing that there has been a violation shallacting on his behalf, may refer the grievance to the Superintendent no later than eight (8) days after the meeting prescribed in Step 2 is held. The Superintendent shall arrange to meet with the grievant and with representatives of the Association, unless the Association or the employee waives its right to have representatives attend the meeting, within ten (10) school 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 its alleged occurrence, orally discuss the grievances grievance. The Superintendent shall provide his written decision (Appendix 6) concerning the grievance and any adjustment of it to the grievant and the recognized employee organization within ten (10) days after the meeting.
9.4.4 Step 4 If the grievant is not satisfied with the building Principal and disposition of his grievance at Step 3 or if the representative of Superintendent has not provided a written decision within the time prescribed in Step 3, then the grievant, or the Association in an attempt to resolve acting on his behalf, may request a meeting with the matterBoard. Upon mutual agreement of both parties, Step 4 would occur. If no resolution a request for a meeting with the Board is obtained within five not delivered to the Superintendent with thirty (530) school days following the discussion, the grievant shall express the grievance in writing and process in accordance with Level Two.
2. LEVEL TWO - If after the meeting prescribed in Step 3 is with the school principal and the parties cannot agreeheld, the grievance shall promptly be transmitted to the Superintendent who deemed withdrawn. The Board shall have five (5) school days thereafter to approve or disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have meet within ten (10) school days from receipt to approve or disapprove it. An Association, or after mutual agreement for a group grievance may be submitted directly to the Superintendent. If the grievance 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 meeting with the answer shall be transmitted to the Association.
3. LEVEL THREE - If the decision grievant and/or with representatives of the Superintendent is not satisfactory to the Association, unless the grievance may be submitted Association waives its right to have representatives attend such meetings: and 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 after 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 dischargedmeetings, the arbitrator will have authority to reinstate board shall render a written decision respecting 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 Associationgrievance.
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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Negotiated Agreement
Procedures. A. Stage One The ▇▇▇▇▇▇ Education Association designates the Association President or employee shall attempt to resolve any potential grievance in an informal discussion with his/her designee as immediate supervisor within twenty (20) work days of the local agent responsible for processing grievances through Level Threeevent giving rise to the alleged violation of this Agreement. The immediate supervisor shall respond orally within twenty (20) work days of the informal discussion.
1B. Stage Two If the grievance cannot be resolved at Stage One, the employee shall file a written grievance with his/her immediate supervisor. LEVEL ONE - A teacher– group Such written statement of teachers, or the Association believing that there has been a violation shall, grievance shall be filed within ten (10) school work days from the receipt of the 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 Agreement which are alleged to have been violated. The immediate supervisor shall respond in writing within ten (10) work days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative receipt of the Association in an attempt to resolve the matter. 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.written grievance
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 disapprove the grievance. C. Stage Three If the grievance is transmitted directly not resolved at Stage Two, the ESP and Association may appeal the decision of the immediate supervisor in writing to the Superintendent, he/she shall have District Superintendent within ten (10) school work days from of receipt of the written decision of the immediate supervisor. The District Superintendent shall schedule a conference with the employee and the Association within ten (10) work days to approve or disapprove it. An Association, or a group discuss the grievance may be submitted directly to and shall respond in writing within ten (10) work days of the Superintendent. conference.
D. Stage Four If the grievance shall be denied by the Superintendent, either upon review of the action of the school principal or in the first instanceis not satisfactorily resolved at Stage Three, the Superintendent Association shall answer the grievance in writing and the grievance with the answer shall be transmitted submit to the Association.
3. LEVEL THREE - If the decision of the Superintendent is not satisfactory to the Association, the grievance may be submitted within twenty (20) school work days of receipt of the answer in Stage Three, a written request on behalf of the grievance to arbitration before an impartial arbitrator selected by the parties.
a. The arbitrator enter into binding arbitration. Arbitration proceedings shall be conducted by an arbitrator to be selected from a roster of arbitrators provided by the American Arbitration Association in accord with its rules which shall likewise govern Association. Expenses for the Arbitration hearing. The Board arbitrator's services will be borne equally by the District 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's decision shall be binding on all parties. The arbitrator shall have no power to alter, add to not amend or subtract from modify any of the terms provisions of this Agreement. Both parties agree 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 bound by the award present at any level 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 Actgrievance.
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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates 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 President or his/her designee from filing a grievance nor does it establish a precedent. However, a grievance shall be processed as follows:
3.2.1 STEP I - The grievant shall present the local agent responsible for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group of teachersgrievance in writing, or signed, dated and specifying the Association believing that there has been a violation shallremedy sought, to the immediately involved administrator within ten (10) school days of its the incident or within 45 calendar days, stating the Article and Section of the Agreement alleged occurrenceto have been violated. The administrator will arrange for a meeting to take place within ten (10) days of receipt of the grievance. The Association’s representative, orally discuss the grievances with the building Principal grievant, and the representative immediately involved administrator shall be present for the meeting. Within ten (10) days of the Association in an attempt to resolve the matter. If no resolution is obtained within five (5) school days following the discussionmeeting, the grievant and the Association shall express be provided with the grievance in writing and process in accordance with Level Twoadministrator’s written response, including the reasons for the decision.
2. LEVEL TWO 3.2.2 STEP II - 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 disapprove the grievance. If the grievance is transmitted directly not resolved at STEP I, then the Association shall refer the grievance to the Superintendent, he/she shall have ’s official designee within ten (10) school days from after receipt of the STEP I answer. The Superintendent shall arrange with the Association representative for a meeting to approve or disapprove it. An Association, or a group grievance may be submitted directly to take place within (10) days of the Superintendent’s receipt of the appeal. Within ten (10) days of the meeting, the Association shall be provided with the Superintendent’s receipt of the appeal. Within ten (10) days of the meeting, the Association shall be provided with the Superintendent’s written response, including the reasons for the decision.
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 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 Associationdeemed withdrawn.
3. LEVEL THREE - If 3.2.3.1 Neither the decision of Board nor the Superintendent is not satisfactory to the Association, the grievance may be submitted within twenty (20) school days to arbitration before an impartial arbitrator selected by the parties.
a. The arbitrator grievant 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 grounds of evidence before the arbitrator, which was not previously disclosed to the Board and to the Association. party.
3.2.3.2 The arbitrator shall have no power to alter, add to or subtract from alter the terms of this Agreement. Both parties agree to be bound by .
3.2.3.3 Each party shall bear the award full cost for its representation in the grievance procedure.
3.2.3.4 The fees and the expenses 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 Associationparties.
c. It is expressly understood 3.2.3.5 If only one party requests the presence of a court reporter, that party shall bear the grievance procedure cost of the reporter. If both parties request a court reporter, they shall not apply to those matters from which statute authorizes specific remedy, such as share the Tenure Teacher Actcosts.
d. It is understood 3.2.3.6 If only one party requests the postponement of an arbitration hearing, that party shall bear the time limits are maximum and can be extended with the written mutual consent cost 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 any step fails to respond in a timely manner, 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 withdrawnsuch postponement.
e. In the event a grievance is filed after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education parties hereto acknowledge that it is usually most desirable for a teacher and his or her immediate supervisor to resolve problems through free and informal communications. When requested by the teacher, an Association designates representative may accompany the teacher to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the teacher and/or the Association, a grievance may be processed as follows:
7.2.1 Step 1 The grievant and the Association President may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within 7 days after the receipt of the grievance. The written grievance shall state the nature of the grievance, shall note the specific clause or clauses of the Agreement allegedly violated and shall state the remedy requested. The filing of the formal, written grievance at Step 1 must be within 20 days from the date of the occurrence or from the time when the grievance might reasonably have been ascertained, The Association representative, the grievant and the immediately involved supervisor shall be present for the meeting. Within 8 days of the meeting, the grievant and the Association shall be provided with the supervisor's written response, including the reasons for the decision.
7.2.2 Step 2 If the grievance is not resolved at Step 1, then the grievant or the Association may appeal the grievance to the Superintendent or his/her designee as within 6 days after receipt of the local agent responsible for processing grievances through Level Three.
1Step 1 answer. LEVEL ONE - A teacher– group of teachers, The Superintendent or his/her designee shall arrange with the grievant or the Association believing that there has been representative for a violation shall, meeting to take place within ten (10) school 10 days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative Superintendent's receipt of the Association in an attempt to resolve grievance. Within 8 days of the matter. If no resolution is obtained within five (5) school days following the discussionmeeting, the grievant and the Association shall express the grievance in writing and process in accordance with Level Two.
2. LEVEL TWO - If the meeting is be provided with the school principal and Superintendent's written response, including the parties cannot agree, reasons for the grievance shall promptly be transmitted to the Superintendent who shall have five (5) school days thereafter to approve or disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance 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 Associationdecision.
3. LEVEL THREE - If the decision of the Superintendent is not satisfactory to the Association, the grievance may be 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates parties hereto acknowledge it is usually most desirable for an employee and the Association President or employee’s immediately involved administrator to resolve problems through free and informal communications. An attempt shall be made to resolve any grievance in informal, verbal discussion between complainant and his/her designee as immediate supervisor. Then, if requested by the local agent responsible for processing grievances through Level Three.
1employee, an Association representative may accompany the employee to assist in the informal resolution of the grievance. LEVEL ONE - A teacher– group of teachersIf, however, the informal process fails to satisfy the employee or the Association believing that there has been Association, a violation shall, grievance may be processed as follows:
6.1.1 Step 1 The Assistant superintendent or Principal will arrange for a meeting to take place within ten (10) school days after receipt of the grievance. The Association’s representative, the grievant, and the Assistant Superintendent or Principal shall be present for the meeting. Within ten (10) days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative of the Association in an attempt to resolve the matter. If no resolution is obtained within five (5) school days following the discussionmeeting, 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 agreeAssociation shall be provided with written response, including the reasons for the decision. A grievance shall promptly must be transmitted to submitted within fifteen (15) days of the Superintendent who shall have five date of the alleged violation. (5) school days thereafter to approve or disapprove the grievance. 2001)
6.1.2 Step 2 If the grievance is transmitted directly not resolved at STEP 1, then the Association may refer the grievance to the Superintendent, he/she shall have or the Superintendent’s official designee within ten (10) school days from after receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance shall be denied by the Superintendent, either upon review of the action STEP 1 answer. The Superintendent shall schedule the STEP 2 grievance meeting within ten (10) days of receipt of the school principal or in referral from 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 of the Superintendent is not satisfactory to the Association, the grievance may be 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 Teachers’ 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 positionSuperintendent, 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship of any party, the Superintendent shall use his/her best efforts to process such designee, shall file and answer within ten (10) days of the STEP 2 grievance prior meeting and communicate it in writing to the end of Employee, the school term Assistant Superintendent or as soon thereafter as possiblePrincipal, and the Association President. (2001)
6.1.3 Step 3 If the grievance is processed not resolved at STEP 2, then the Association and the superintendent will refer the grievance to arbitrationthe board of education to be discussed at the next regular board meeting. Within ten (10) days of the meeting, the parties Grievant and Association shall be provided with a written response.
6.1.4 Step 4 If the teacher or the Association is not satisfied with the disposition of the grievance at STEP 3, the Association may submit the grievance to expedited final and binding arbitration under the rules Voluntary Labor Arbitration Rules of the American Arbitration AssociationAssociation which shall act as the administrator of the proceedings. If a demand for arbitration is not filed within thirty (30) days of the date of the STEP 3 answer, then the grievance shall be deemed withdrawn.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates Level 1: Principal or immediate supervisor (Informal). An employee with a grievance shall first discuss the Association President grievance with the principal or his/her designee as immediate supervisor, with the local agent responsible for processing grievances through Level Threeobject of resolving the matter informally.
1Level 2: Principal or immediate supervisor (Formal). LEVEL ONE - A teacher– group If the grievance cannot be resolved informally the grievant may file the grievance in writing, with the building principal or immediate supervisor. The written grievance shall state the nature of teachersthe grievance, the specific provisions of the Agreement allegedly violated, and the relief requested. The filing of the formal, written grievance at level two must be within twenty (20) days from the date of occurrence of the event giving rise to the grievance or from the Association believing that there date when the grievant could reasonably have become aware of such occurrence. The building principal or immediate supervisor shall make a decision on the grievance and communicate it in writing to the employee and the Union within ten (10) 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: In the event a grievance has not been a violation shallsatisfactorily resolved at the second level, the grievant may file, within ten (10) school days of its alleged occurrencethe principal’s or immediate supervisor’s written decision at the second level, orally discuss a copy of the grievances grievance with the building Principal and the representative Executive Director of the Association in an attempt to resolve the matterHuman Resources or designee. If no resolution Within seven (7) days after such written grievance is obtained within five (5) school days following the discussionfiled, 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 Executive Director of Human Resources or designee shall promptly be transmitted meet to the Superintendent who shall have five (5) school days thereafter to approve or disapprove consider the grievance. The Executive Director of Human Resources or designee shall file an answer within ten (10) days of such meeting and communicate it in writing to the employee and the Union. Level 4: If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance 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 of the Superintendent is not satisfactory to the Associationresolved satisfactorily at level three, the grievance may be 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 twenty thirty (2030) school days to arbitration before an impartial arbitrator selected by from receipt of the parties.
a. level three answer. The arbitrator shall be selected by the American Arbitration Association 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 least five (5) arbitrators, from which a selection shall be made in accord accordance with its rules which these practices: The Union shall likewise govern request a list of five (5) arbitrators from 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 AssociationPublic Employment Relations Board. The arbitrator shall have no power 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 altereither party’s representatives or witnesses, and other expenses incurred by either party in presenting 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 hearing(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 or subtract from the terms provisions of this the Agreement. Both parties agree His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her, and his/her decision must be bound by based solely and only upon his/her interpretation of the award meaning or application of the expressed relevant language of the Agreement. The decision 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, final and binding on 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 Associationparties.
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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. Step 1 - The ▇▇▇▇▇▇ Education teacher or Association designates may present the Association President grievance in writing to the immediately involved supervisor who will arrange for a meeting to take place within five (5) days after receipt of the
Step 2 - If the grievance is not resolved at Step 1, the grievant shall refer the grievance to the Superintendent or his/her official designee as who shall have the local agent responsible for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group authority on behalf of teachers, the Superintendent to issue a decision on the grievance within fifteen (15) days after the receipt of the Step 1 answer or the Association believing that there has been a violation shall, within ten (10) school days of its alleged occurrenceafter the Step 1 meeting, orally discuss the grievances whichever is later. The Superintendent or designee shall arrange for a meeting with the building Principal and grievant, the representative designated members of the Association in an attempt Grievance Committee of the Association, and, at the option of the Superintendent or designee, the supervisor, to resolve the matter. If no resolution is obtained take place within five (5) school days following of his/her receipt of the discussionappeal. Each party shall have the right to call such witnesses it deems necessary to develop facts pertinent to the grievance and the right to representation as provided in Section 10 above. Upon conclusion of the hearing, 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 or designee shall have five (5) school days thereafter in which to approve provide his or disapprove her written decision with reasons to the grievance. grievant and the Association.
Step 3 - If the grievance is transmitted directly not resolved at Step 2, the grievant or the Association shall refer the grievance to the SuperintendentBoard within fifteen (15) days after receipt of the decision at Step 2. The Board shall arrange for a meeting to take place with the grievant and the representative of the Association, he/she if any; it should be within seven (7) days of receipt of the appeal. Each party shall have the right to call such witnesses as it deems necessary to develop facts pertinent to the grievance and the right to representation as provided in Section 10. Upon conclusion of the hearing, the President of the Board shall have ten (10) school days from receipt in which to approve provide the Board's written decision with reasons to the grievant and the Association.
Step 4 - If the Association is not satisfied with the disposition of the grievance at Step 3, or disapprove it. An the time limits expire without the issuance of the Board President's written reply, the Association may submit the grievance to final and binding arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association, or a group grievance may be submitted directly to which shall act as the Superintendentadministrator of the proceedings. If a demand for arbitration is not filed within fifteen (15) days of the date for the Step 3 reply, then the grievance 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 Associationdeemed withdrawn.
3. LEVEL THREE - If the decision of the Superintendent is not satisfactory to the Association, the grievance may be 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 Association1. The arbitrator shall have no power to alter, add to or subtract from alter the terms of this Agreement.
2. Both parties agree The arbitrator is empowered to include in any award such financial reimbursements or other remedies he judges to be bound proper, if provided for by the award terms of this Agreement, plus interest, if any.
3. Each party shall bear the full costs for its representation in the arbitration. The cost of the arbitrator arbitration and agree that judgment thereon may the AAA shall be entered in any court of competent jurisdiction where such award does not conflict with or deny divided equally between the powers and duties parties.
4. If either party requests a transcript of the Board granted by Legislative Act.
b. proceedings, that party shall bear the full costs for that transcript. If any teachers for whom both parties or the arbitrator requires a grievance is sustained transcript, the cost of the transcripts shall be found to have been improperly reprimanded or improperly deprived of a position, or unjustly discharged, divided equally between 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 Associationparties.
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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Professional Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates the Association President or his/her designee as the local agent responsible for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group of teachers, or the Association believing that there has been a violation shall, A. Any grievance must be filed within ten (10) school days of its alleged occurrence, orally discuss the grievances with aggrieved act or it shall be deemed forever waived by the building Principal and the representative of the Association in an attempt to resolve the matter. 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 Twogrievant.
2. LEVEL TWO - If the meeting B. Since it 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 disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance 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 of the Superintendent is not satisfactory to the Association, the grievance may be 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 important 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 processed as rapidly as possible and within the limits and procedure as set forth herein. If the administration at any step fails to respond in a timely mannerpossible, the grievance will number of days indicated at each level should be considered denied a maximum, and may every effort should be moved made to expedite the next level. Failure of the grievant to meet any time limits will result in the grievance being considered as withdrawnprocess.
e. C. In the event a grievance is filed on or after May 1st the closing of any year and strict adherence 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 result in hardship be exhausted as soon as is practicable.
D. Nothing herein contained will be construed as limiting the right of any partygrievant having a grievance to discuss the 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 terms 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. In any event the Association shall have a right to have a representative present and to state its views at all stages of the grievance procedure.
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 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 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 all parties in interest within five (5) days after receipt of the grievance. 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 Executive 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 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 designee, shall use his/her best efforts communicate the decision in writing to process 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 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 prior in writing to the end Superintendent directly and the processing of the school term grievance shall 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 procedure.
S. It is appropriate at each level of the grievance process to determine whether such grievance is a proper grievable item as soon thereafter as possibledefined herein. If at any level it is determined that the grievance is processed not a proper grievable item, then that determination should be noted in the decision rendered. This Agreement, and all items agreed on pursuant to arbitrationthis Agreement, when adopted and signed by both parties, shall remain in effect for so long as the Association is recognized as the lawful representative of the certified personnel of the Union School District or until modified by the parties may submit in writing. Either party desiring changes in this Agreement shall notify the grievance other party in writing at least thirty (30) days prior to expedited arbitration under the rules any regular meeting of the American Arbitration negotiations committee. Any changes in this Agreement must be made by a majority consent of both 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 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 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 $379.76 per month ($379.76 x 12 = $4,557.12/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. 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 $379.76 per month ($379.76 x 12 = $4,557.12/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. SFBA-B is only available to employees who participate in one of the district's group health insurance plans. 0 32,800 32,800 985.92 60.15 69.72 379.76 1 33,175 33,175 985.92 103.41 69.72 379.76 2 33,550 33,550 985.92 145.65 69.72 379.76 3 33,925 33,925 985.92 188.15 69.72 379.76 4 34,300 34,300 985.92 233.33 69.72 379.76 5 34,700 34,700 985.92 278.76 69.72 379.76 6 35,100 35,792 985.92 325.26 69.72 379.76 7 35,500 36,841 985.92 372.82 69.72 379.76 8 35,900 37,324 985.92 421.44 69.72 379.76 9 36,300 37,753 985.92 471.12 69.72 379.76 10 37,575 38,114 985.92 521.87 69.72 379.76 11 38,000 38,852 985.92 573.67 69.72 379.76 12 38,425 39,329 985.92 626.54 69.72 379.76 13 38,850 39,729 985.92 680.48 69.72 379.76 14 39,275 40,252 985.92 735.47 69.72 379.76 15 39,700 41,080 985.92 791.53 69.72 379.76 16 40,125 41,456 985.92 848.65 69.72 379.76 17 40,550 41,831 985.92 906.83 69.72 379.76 18 40,975 42,207 985.92 966.07 69.72 379.76 19 41,400 42,645 985.92 1,026.38 69.72 379.76 20 41,825 43,768 985.92 1,087.75 69.72 379.76 21 42,250 44,145 985.92 1,150.18 69.72 379.76 22 42,675 44,520 985.92 1,213.68 69.72 379.76 23 43,100 44,898 985.92 1,278.23 69.72 379.76 24 43,525 45,236 985.92 1,343.85 69.72 379.76 25 43,950 46,390 985.92 1,410.53 69.72 379.76 26 43,950 46,809 985.92 1,410.53 69.72 379.76 27 43,950 47,185 985.92 1,410.53 69.72 379.76 28 43,950 47,563 985.92 1,410.53 69.72 379.76 29 43,950 47,856 985.92 1,410.53 69.72 379.76 30 43,950 50,635 985.92 1,410.53 69.72 379.76 31 43,950 51,013 985.92 1,410.53 69.72 379.76 32 43,950 51,389 985.92 1,410.53 69.72 379.76 33 43,950 51,783 985.92 1,410.53 69.72 379.76 34 43,950 52,958 985.92 1,410.53 69.72 379.76 * 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 $379.76 per month ($379.76 x 12 = $4,557.12/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. SFBA-B is only available to employees who participate in one of the district's group health insurance plans. 0 32,800 32,850 985.92 60.15 69.72 379.76 1 33,175 33,211 985.92 103.41 69.72 379.76 2 33,550 33,550 985.92 145.65 69.72 379.76 3 33,925 33,925 985.92 188.15 69.72 379.76 4 34,300 34,300 985.92 233.33 69.72 379.76 5 34,700 34,700 985.92 278.76 69.72 379.76 6 35,100 36,671 985.92 325.26 69.72 379.76 7 35,500 37,744 985.92 372.82 69.72 379.76 8 35,900 38,185 985.92 421.44 69.72 379.76 9 36,300 38,621 985.92 471.12 69.72 379.76 10 37,575 38,868 985.92 521.87 69.72 379.76 11 38,000 39,613 985.92 573.67 69.72 379.76 12 38,425 40,090 985.92 626.54 69.72 379.76 13 38,850 40,492 985.92 680.48 69.72 379.76 14 39,275 41,021 985.92 735.47 69.72 379.76 15 39,700 41,842 985.92 791.53 69.72 379.76 16 40,125 42,217 985.92 848.65 69.72 379.76 17 40,550 42,593 985.92 906.83 69.72 379.76 18 40,975 42,967 985.92 966.07 69.72 379.76 19 41,400 43,393 985.92 1,026.38 69.72 379.76 20 41,825 44,532 985.92 1,087.75 69.72 379.76 21 42,250 44,907 985.92 1,150.18 69.72 379.76 22 42,675 45,285 985.92 1,213.68 69.72 379.76 23 43,100 45,661 985.92 1,278.23 69.72 379.76 24 43,525 45,986 985.92 1,343.85 69.72 379.76 25 43,950 47,196 985.92 1,410.53 69.72 379.76 26 43,950 47,572 985.92 1,410.53 69.72 379.76 27 43,950 47,950 985.92 1,410.53 69.72 379.76 28 43,950 48,327 985.92 1,410.53 69.72 379.76 29 43,950 48,603 985.92 1,410.53 69.72 379.76 30 43,950 51,401 985.92 1,410.53 69.72 379.76 31 43,950 51,777 985.92 1,410.53 69.72 379.76 32 43,950 52,155 985.92 1,410.53 69.72 379.76 33 43,950 52,537 985.92 1,410.53 69.72 379.76 34 43,950 53,732 985.92 1,410.53 69.72 379.76 * 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 $379.76 per month ($379.76 x 12 = $4,557.12/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. 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 $379.76 per month ($379.76 x 12 = $4,557.12/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. 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 $379.76 per month ($379.76 x 12 = $4,557.12/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
Appears in 1 contract
Sources: Master Contract
Procedures. The ▇▇▇▇▇▇ Education Association designates If a grievance is not filed within twenty-one (21) calendar days after the Association President or his/her designee as the local agent responsible for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group of teachers, individual or the Association believing that there has been a violation shall, within ten (10) school days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative group knew or should have known of the Association in an attempt to resolve the matter. If no resolution is obtained within five (5) school days following the discussion, the grievant shall express set of conditions on which 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 agreebased, the grievance shall promptly be transmitted waived.
Step 1 - Any Interpreter who has a grievance may, at their option, discuss the same with the supervisor, or reduce the grievance to writing and have it filed with the Superintendent who shall have five supervisor. The supervisor will return a written answer within seven (57) school calendar days thereafter to approve or disapprove after receiving the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance 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 Step 2 - If the decision of the Superintendent is not satisfactory to the Association, the grievance may be 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 any step fails to respond in a timely manner, 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 has not been satisfactorily resolved at the first step, the grievant may file, within seven (7) calendar days of the supervisor's written decision at the second step, file a copy of the grievance with the Superintendent. Within ten (10) calendar days after such written grievance is filed after May 1st of any year and strict adherence to the time limits may result in hardship of any partyfiled, the Superintendent or Superintendent's designee shall use his/her best efforts meet with the grievant and SSCEA representative and attempt to process such resolve the grievance. The Superintendent or Superintendent's designee shall file an answer within thirty (30) calendar days of the second step grievance prior meeting and communicate it in writing to the end of Interpreter, SSCEA representative and the school term or as soon thereafter as possible. supervisor.
Step 3 - If the grievance is processed to arbitrationnot resolved satisfactorily at step two, the parties may submit Grievant may, within thirty (30) calendar days request a meeting with the grievance to expedited arbitration under Board of Education Classified Committee. The Board shall render a decision within thirty (30) calendar days following the rules date of the American Arbitration Associationhearing. The Boards decision on a grievance may not change or amend the terms of this collective bargaining agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. An attempt must be made to resolve any potential grievance in informal discussion between the employee and his/her building principal or supervising administrator. If, however, the informal process fails to satisfy the employee, a formal grievance may be processed as follows:
1. Provided the employee, their immediate supervisor, and SEIU agree, and the contract provision grieved is not within the purview of the supervisor, Step 1, Step 2 and/or Step 3 of the grievance procedure may be bypassed and the grievance brought directly to the next step.
2. Step 1 The aggrieved employee must file in writing with the principal or supervising administrator within 15 days from the date of the occurrence of the event givi8ng rise to the grievance or within 10 days of the last informal discussion provided that the first informal discussion occurred within 15 days from the date of occurrence of the event giving rise to the grievance, whichever is later, In the event the grievance is the result of events occurring on multiple days the last day on which and event occurs will be the starting point for the fifteen (15) days. The written notification must include items designed by section 2 Content of a Grievance. The member shall notify an SEIU representative of the claim and the representative shall participate in all further discussions outlined in this article.
3. Step 2 Within fifteen (15) days of receipt of the grievance, the principal or supervising administrator shall submit a written response to the grievant with a copy to the Superintendent and the SEIU ▇▇▇▇▇▇▇. Should the principal, supervising administrator, or grievant feel further conversations are needed before the written response, such conversations must occur within five (5) days of receipt of the grievance and written response must follow within the fifteen (15) day time limit for submitting the response.
4. Step 3 If the member or SEIU is not satisfied with the disposition of the grievance or if no disposition has been made within fifteen (15) days, the grievance shall be transmitted to the Superintendent and/or designee. Such transmittance shall be within ten (10) days of the receipt of the written response from the principal or supervising administrator or the end of the fifteen (15) day timeline indicated in Step 2. The grievant shall meet with the Superintendent and/or designee to discuss the grievance, accompanied by an SEIU representative. The Superintendent and/or designee may request the Principals and other affected persons to attend. The Superintendent and/or designee shall make a written disposition of the grievance within ten (10) days of such meeting.
5. Step 4 If not satisfied with the disposition of the grievance at Step 3, the Association may submit the grievance to the Board of Education, such to be filed no later than five (5) days following the written decision of the Superintendent and/or designee. The appeal may be in writing or by way of an oral hearing, as SEIU may request, and if the latter, shall be closed unless otherwise mutually agreed and shall be before the full Board of a committee thereof as the Board shall designate. Any such hearing shall be scheduled within ten (10) days of the date of filing of the grievance at Step 4. The Board shall communicate its decision in writing to the aggrieved member and the SEIU ▇▇▇▇▇▇▇ Education Association designates the Association President or his/her designee as the local agent responsible for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group of teachers, or the Association believing that there has been a violation shall, within ten (10) school days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative of the Association in an attempt to resolve the matter. If no resolution is obtained within five (5) school days following the discussion, hearing. Those persons who have the grievant shall express the grievance right to participate in writing and process in accordance with Level Two.
2. LEVEL TWO - If the meeting is with at the school principal and the parties cannot agree, the grievance shall promptly be transmitted to the Superintendent who Superintendent’s level shall have five (5) school days thereafter the right to approve or disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance 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 of the Superintendent is not satisfactory to the Association, the grievance may be 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 appear at the Board hearing, 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 legal counsel 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 Actalso appear.
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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates 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. An attempt shall be made by the Association President grievant to resolve any grievance by means of an informal verbal communication between the grievant and his or his/her designee immediately involved supervisor. If, however, the informal process fails to satisfy the grievant, a grievance may be processed as follows:
Step A: If the local agent responsible for processing grievances through Level Three.
1grievance is not resolved informally, then the grievant shall present the grievance in writing to the immediately involved supervisor. LEVEL ONE - A teacher– group The grievance shall specify the article and clause alleged to have been violated and shall state the remedy sought. The grievance shall be initiated at this step within thirty (30) days from the point the grievant becomes aware of teachersthe alleged violation, or should have become aware, whichever is later. The immediately involved supervisor shall arrange for a meeting to take place with the Association believing that there has been a violation shall, grievant within ten (10) school days after the receipt of the grievance. The immediately involved supervisor shall provide a written answer, which includes the reason for his/her decision to the grievant within ten (10) days after the scheduled meeting.
Step B: If the grievance is not resolved at Step (A), the aggrieved may refer the grievance to the Superintendent or his official designee within ten (10) days after the receipt of the Step
(A) response. The Superintendent or his official designee shall arrange for a meeting to take place within ten (10) days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative his receipt of the Association in an attempt to resolve appeal. Within ten (10) days after the matter. If no resolution is obtained within five (5) school days following the discussion, meeting the grievant shall express be provided with the Superintendents written response, which includes the reason for his/her decision. request for a hearing is not filed within thirty (30) days of the date of the Step (B) answer, then the grievance in writing and process in accordance with Level Twoshall be deemed withdrawn.
1. Neither the Board of Education nor the Association shall be permitted to assert any grounds or evidence before the arbitrator, which has not previously been disclosed to the other party.
2. LEVEL TWO - If the meeting is with the school principal and the parties canThe arbitrator, in his opinion, shall not agreeamend, the grievance shall promptly be transmitted modify, nullify, ignore, or add to the Superintendent who shall have five (5) school days thereafter to approve or disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance 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 of the Superintendent is not satisfactory to the Association, the grievance may be 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 provisions of this Agreement. Both parties agree His authority shall be strictly limited to be bound deciding only the issue presented to him in writing by the award School District and the Association, and his decision must be based only upon his interpretation of the meaning or application of the express relevant language of the Agreement
3. Each party shall bear the full costs for its representation in the grievance procedure.
4. Each party shall share equally the cost 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 associated filing fees. If either party requests a transcript of the Board granted by Legislative Act.
b. proceedings, that party shall bear full costs for that transcript. If any teachers for whom both parties order a grievance is sustained transcript, the costs of the two transcripts 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 divided equally by between 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 herein5. If the administration at Association or any step fails to respond employee files a complaint or suit in a timely mannercourt of competent jurisdiction, the grievance will school district shall not be considered denied and may be moved required to process the next level. Failure claim or set of the grievant to meet any time limits will result in facts through the grievance being considered as withdrawnprocedure.
e. In the event a grievance is filed after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. Step 1: The ▇▇▇▇▇▇ Education parties agree that an employee and the immediately involved Supervisor should attempt to resolve problems through free and informal communications and that every effort will be made to arrive at a solution in this manner.
Step 2: If the problem is not resolved in Step 1, the Association, shall within fifteen (15) days from the date when the employee or Association designates knew or should have known about the allegation, present the grievance in writing to the 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 will arrange for a meeting to take place within seven (7) days of receipt of the grievance. The Association’s representative, the employee and the immediately involved supervisor, shall be present for the meeting. Within seven (7) days of the meeting, the Association President or his/her designee as shall be provided with the local agent responsible supervisor’s written response, including the reasons for processing grievances through Level Threethe decision.
1. LEVEL ONE - A teacher– group of teachersStep 3: If the grievance is not resolved at Step 2, the Association may refer the grievance to the Superintendent or the Superintendent’s official designee within seven (7) days of receipt of the Step 2 answer. The Superintendent shall arrange, with the Association believing that there has been representative, for a violation shallmeeting 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 request a hearing of the Board within seven (7) days of receipt of the Superintendent’s response. The Board shall schedule the hearing within ten (10) school days of its alleged occurrencethe Board’s receipt of the appeal. Within seven (7) days of the meeting, orally discuss the grievances Association shall be provided with the building Principal and Board’s written response, including the representative reasons for the decision.
Step 5: If the Association is not satisfied with the disposition of the grievance at Step 4, the Association in an attempt may submit the grievance to resolve the matterfinal and binding arbitration. If no resolution a demand for arbitration 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 not filed with the school principal and Employer within fifteen (15) days of the parties cannot agreeAssociation’s receipt of the Board’s written response, the grievance shall promptly be transmitted to the Superintendent who deemed withdrawn. Neither party shall have five (5) school days thereafter to approve or disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance 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 of the Superintendent is not satisfactory to the Association, the grievance may be 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 grounds or to rely on any evidence before the Arbitrator which was not previously disclosed to the Board and other party. The demand for arbitration shall be submitted to the Association. The arbitrator Federal Mediation and Conciliation Service (FMCS) which shall have no power to alter, add to or subtract from act as the terms of this Agreement. Both parties agree to be bound by the award administrator 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 Actproceedings.
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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. STEP 1 The Building Principal shall respond in writing to each grievance received. If an aggrieved party 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 grievance. Within ten days after such a meeting or meetings, the Superintendent or his designee, after consultation with the Board 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. 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 days submit the grievance to an arbitrator by registered mail with a copy to the Superintendent. In the event ▇▇. ▇▇▇▇▇▇▇▇▇ Education Association designates should not be available to perform the Association President or his/her designee as required arbitration, both parties agree that a new and mutually acceptable arbiter shall be designated by appropriate amendment to this section. In the local agent responsible for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group of teachers, or the Association believing that there has been a violation shall, within ten (10) school days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative of the Association in an attempt to resolve the matter. 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 event the parties cannot agreeagree on an arbiter, they shall request a list of arbiters from the grievance shall promptly American Arbitration Association. The parties will then be transmitted to the Superintendent who shall have five (5) school days thereafter to approve or disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance shall be denied bound by the Superintendent, either upon review rules and procedures 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 of the Superintendent is not satisfactory to the Association, the grievance may be 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 hearingselection of an arbiter. The Board 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 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 be permitted to assert privileged by law, in such arbitration proceeding any ground their possession or to rely on any evidence not previously disclosed control, and which is relevant to the Board 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 arbiter's report shall be submitted in writing to the board, the employee, and the Association, and shall set forth his findings of fact, reasoning’s, conclusions and decisions on the issues submitted. The arbitrator arbiter shall have no power or authority to alter, add to make any decision which requires the commission of an act prohibited by law or subtract from which shall violate of the terms of this Agreementagreement. Both parties agree to The decisions of the arbiter shall be bound final and binding upon all parties. The expenses of the arbitration, including the arbiter's fees, his expenses, a transcript of the hearings, etc., shall be shared equally by the award of the arbitrator Association 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 the Association signed the appeal to Step 4. If any teachers for whom a grievance is sustained shall be found the Association did not sign the appeal to have been improperly reprimanded or improperly deprived of a position, or unjustly dischargedStep 4, the arbitrator will have authority to reinstate the teacher, with full reimbursement for all compensation lost. The costs of any arbitration under this article expenses shall be shared equally by the Board and the Associationaggrieved person.
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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. Grievances, as defined by Section 6.1, shall be resolved in conformance with the following 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 ▇▇▇▇▇▇ Education Association designates EMPLOYER designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the Association President nature of this grievance, the facts on which it is based, the provision or his/her designee as provisions of the local agent responsible for processing grievances through Level ThreeCONTRACT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER designated representative’s final answer in Step 1. Any grievance not appealed in writing to Step 2 by the FEDERATION within ten (10) calendar days shall be considered waived.
Step 2 If appealed, the written grievance shall be presented by the FEDERATION to, and discussed with, the EMPLOYER designated Step 2 representative. The EMPLOYER designated representative shall give the FEDERATION the EMPLOYER’S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the 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 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 FEDERATION 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. LEVEL ONE - A teacher– group of teachersIf the grievance has not been satisfactorily resolved at Step 3, either the Federation or the Association believing that there has been a violation shallEmployer may, within ten (10) school 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 its alleged occurrence, orally discuss the grievances with the building Principal and the representative of the Association in an attempt to resolve the matter. 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 Twoassignment.
2. LEVEL TWO - If Grievance mediation is an optional and voluntary part of the meeting grievance resolution process. It is a supplement to, not a substitute for, grievance arbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to arbitration shall be delayed for the period of mediation.
3. The grievance mediation process shall be informal. Rules of evidence shall not apply, and no record shall be made of the proceeding. Both sides shall be provided ample opportunity to present the evidence and argument to support their case. The mediator may meet with the school principal and parties in joint session or in separate caucuses.
4. At the parties cannot agreerequest of both parties, the mediator may issue an oral recommendation for settlement. Either party may request that the mediator assess how an arbitrator might rule in this case.
5. The grievant shall be present at the grievance shall promptly be transmitted to the Superintendent who shall have five (5) school days thereafter to approve or disapprove the grievancemediation proceeding. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance shall be denied by the Superintendent, either upon review of the action of the school principal or in the first instanceresolved, the Superintendent grievant shall answer sign a statement agreeing to accept the grievance in writing and outcome. Unless the grievance with the answer shall be transmitted to the Association.
3. LEVEL THREE - If the decision of the Superintendent is not satisfactory to the Associationparties agree otherwise, the grievance may be 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 outcome 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 Actpresidential.
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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 possible6. If the grievance is processed 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 submit be used or referred to during arbitration.
Step 4 A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to arbitration subject to the grievance to expedited arbitration under the rules provisions of the American Public Employment Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the “Rules Governing the Arbitration Associationof Grievances” as established by the Board Bureau of Mediation Services.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates (a) Whenever Parent is entitled to recovery under this Article VIII, Parent shall promptly notify the Association President or his/her designee Company Agent of the claim and, when known, the facts constituting the basis for such claim. Any failure to provide such notice shall not affect Parent's right to recovery hereunder, unless, and only to the extent that, such failure has materially and adversely affected the Company Agent's ability to defend a Third Party Claim (as the local agent responsible for processing grievances through Level Threedefined below).
1(b) Upon receipt by the Company Agent of the notice of claim and the facts constituting the basis for such claim as provided in subparagraph (a) of this Section 8.6, Parent and the Company Agent shall negotiate in good faith to reach an agreement as to the validity and amount of such claim. LEVEL ONE - A teacher– group of teachers, or the Association believing that there If such an agreement has not been a violation shall, reached within ten thirty (1030) school days of its alleged occurrencethe aforesaid notice, orally discuss the grievances with the building Principal Parent and the representative Company Agent shall submit the claim to be settled by arbitration in the City of the Association in an attempt to resolve the matter. If no resolution is obtained within five (5) school days following the discussionAtlanta, 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 agreeState of Georgia, the grievance shall promptly be transmitted pursuant to the Superintendent who shall have five (5) school days thereafter to approve or disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance shall be denied by the Superintendent, either upon review commercial arbitration rules then in effect 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 of the Superintendent is not satisfactory to the Association, the grievance may be 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 (or at any time or at any other place or under any other form of arbitration proceeding any ground or to rely on any evidence not previously disclosed mutually acceptable to the Board parties so involved). Any award rendered shall be final and to conclusive upon the Association. The arbitrator shall have no power to alterparties, 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 a judgment thereon may be entered in any the highest court of competent jurisdiction where such the forum, state or federal, having jurisdiction. Any award does not conflict with or deny may include the powers expenses of arbitration as well as the cost of counsel and duties experts. The provisions of this Section 8.6(b) shall in all respects be governed by the Board granted by Legislative Federal Arbitration Act.
b. If (c) The Company Agent shall not settle or compromise or voluntarily enter into any teachers for whom binding agreement to settle or compromise, or consent to entry of any judgment arising from, any claim or proceeding by a grievance person who is sustained not a party to this Agreement with respect to which Parent is entitled to recovery under this Article VIII (a "Third Party Claim") except with the prior written consent of Parent, which will not be unreasonably withheld. With respect to any Third Party Claim, the Company Agent may at the expense of the Shareholders undertake the defense thereof by representatives of its own choosing reasonably satisfactory to Parent. Parent shall cooperate in the defense of any Third Party Claim, to the extent reasonably requested by the Company Agent, and any expenses incurred by Parent as a result thereof shall constitute recoverable Losses hereunder. Parent shall have the right to participate in any such defense of a Third Party Claim with advisory counsel of its own choosing. Such participation shall be found to have been improperly reprimanded or improperly deprived at the expense of Parent, unless Parent reasonably determines that, because of a position, conflict of interest or unjustly dischargedotherwise, the arbitrator will have authority to reinstate Company Agent is not adequately representing or may not adequately represent its interests, in which case the teacher, with full reimbursement for all compensation lost. The reasonable costs of any arbitration under this article such participation by Parent 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 partiesconstitute recoverable Losses hereunder. 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 any step fails to respond in a timely manner, 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 the Company Agent, does not notify Parent of its intent to defend a grievance is filed Third Party Claim within ten (10) days of receipt of notice thereof or, after May 1st of any year and strict adherence to the time limits may result in hardship of any party, the Superintendent shall use his/her best efforts to process such grievance prior to the end half of the school term period for the presentation of a defense against any such Third Party Claim, fails to begin to diligently defend it (or as soon at any time thereafter as possible. If ceases to diligently defend it), Parent will have the grievance is processed right to arbitrationundertake and control the defense, the parties may submit the grievance to expedited arbitration under the rules compromise or settlement of the American Arbitration Associationsuch Third Party Claim, and any expenses incurred by Parent resulting therefrom shall constitute recoverable Losses hereunder.
Appears in 1 contract
Procedures. The ▇▇▇▇▇▇ Education Association designates parties hereby acknowledge that it is usually most desirable for an employee and the Association President or his/her designee employee's immediately involved supervisor to resolve problems through free and informal communications. If, however, the informal process fails to satisfy the grievant, a grievance may be processed as the local agent responsible for processing grievances through Level Three.follows:
1. LEVEL ONE - A teacher– group Within thirty (30) days of teachersthe date that the grievant becomes aware of the event giving rise to the grievance, or the Association believing grievant shall present the grievance in writing to the Principal stating the nature of the grievance, the provision(s) of the Agreement that there has have been violated, and the remedy sought. The Principal shall arrange for a violation shall, meeting to take place within ten (10) school days after receiving the written grievance, for the purpose of resolving the grievance. Within ten (10) days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative of the Association in an attempt to resolve the matter. If no resolution is obtained within five (5) school days following the discussionmeeting, the principal shall notify the grievant shall express the grievance in writing and process in accordance with Level Twoof his/her decision.
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 disapprove the grievance. If the grievance is transmitted directly not resolved at Step 1, the grievant may submit the grievance to the Superintendent, he/she shall have Superintendent within ten (10) school days from of receipt of the Principal's decision. The Superintendent shall arrange for a meeting to approve or disapprove ittake place within ten (10) days after receiving the written grievance. An AssociationEach party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) days of the meeting, or a group grievance may be submitted directly to the SuperintendentSuperintendent shall notify the grievant in writing of his/her decision.
3. If the grievance shall be denied by is not resolved at Step 2, the grievant may submit it to the Board within ten (10) days of receipt of the Superintendent, either upon review 's decision. At its next meeting following receipt of the action written grievance, the Board may hear the grievance, each party to the grievance shall have the right to include in its presentation to the Board such representatives, witnesses, counselors and evidence as it deems necessary. The Board shall notify the grievant in writing of its decision on the grievance not later than ten (10) days after its next meeting following the grievance hearing.
4. If the Association is not satisfied with the disposition of the school principal grievance at Step 3, or in the first instance, time limits expire without 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 issuance of the Superintendent is not satisfactory to Board's reply, the Association, with the approval of the grievant may submit the grievance to final and binding arbitration through the American Arbitration Association, which shall act as administrator of the proceedings. The parties may mutually agree upon another source or agency to provide an arbitrator. If a demand for arbitration is not filed within thirty (30) days of the receipt of the Step 3 decision, then the grievance shall be submitted within twenty (20) school days to arbitration before an impartial arbitrator selected by the partiesdeemed withdrawn.
a. The arbitrator arbitrator, in his opinion, shall not amend, modify, nullify, ignore or add to the provisions of the Agreement. His authority shall be selected by strictly limited to deciding only the American Arbitration Association issue or issues presented to him 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 writing by the Board and the Association, and his decision must be based solely upon the express relevant language of the Agreement.
c. It is expressly understood that b. Each party shall bear the grievance procedure shall not apply to those matters from which statute authorizes specific remedy, such as full costs for its representation in 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 partiesarbitration. 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 any step fails to respond in a timely manner, the grievance will be considered denied and may be moved to the next level. Failure The cost of the grievant to meet any time limits will result in arbitrator and the grievance being considered as withdrawnAAA or other administrative agency shall be borne equally by the parties.
e. In the event a grievance is filed after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education 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 Association, the teacher, or group of teachers an Association designates representative may accompany the Association President employee to assist in the informal resolution of any grievance. If, however, the informal process fails to satisfy the teacher, or his/her designee group of teachers or the Association, a grievance may be processed as the local agent responsible for processing grievances through Level Three.follows:
STEP 1. LEVEL ONE - A : The teacher– , group of teachers, or the Association believing that there has been may present the grievance in writing to the immediately involved supervisor, who will arrange for a violation shallmeeting to take place within five (5) days after receipt of the grievance. Such grievance shall be submitted within fifteen (15) days of when such occurrence should reasonably have become known. The Association’s representative, the grievant(s), and the immediately involved supervisor shall be present for the meeting. Within ten (10) days of the meeting, the grievant(s) and the Association shall be provided with the supervisor’s written response, including the reasons for the decision.
STEP 2: If the grievance is not resolved at Step 1, then the Association may refer the grievance to the Superintendent or the Superintendent’s official designee within ten (10) school days of its alleged occurrence, orally discuss the grievances receipt of the Step 1 answer. The Superintendent shall arrange with the building Principal and the Association representative of the Association in an attempt for a meeting to resolve the matter. If no resolution is obtained take place 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 disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from of the Superintendent’s receipt of the appeal. Each party shall have the right to approve or disapprove itinclude in its representation such witnesses and counselors as it deems necessary. An Within ten (10) days of the meeting, the Association shall be provided with the Superintendent’s written response, including the reasons for the decision.
STEP 3: If the Association is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration through the American Arbitration Association, or a group grievance may be submitted directly to which shall act as the Superintendentadministrator of the proceedings. If a demand for arbitration is not filed within thirty (30) days of the date from the Step 2 response, then the grievance shall be denied by deemed withdrawn. Neither the Superintendent, either upon review of Board nor 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 of the Superintendent is not satisfactory to the Association, the grievance may be 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 grounds or to rely on any evidence issues before the arbitrator, which were not previously disclosed to the Board and to the Associationother party. The arbitrator shall have no power to alter, add to or subtract from alter 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 Actagreement.
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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Professional Services
Procedures. The ▇▇▇▇▇▇ Education Association designates the Association President or his/her designee as the local agent responsible for processing grievances through Level Three.
1. LEVEL ONE Step 1 - A teacher– group of teacherswritten grievance will be submitted by a Teaching Assistant, Special Education Aide or the Association believing that there has been a violation shall, within ten (10) school days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative of the Association in an attempt to resolve the matter. 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 appropriate building principal. Where a Teaching Assistant is assigned to approve or disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance 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 of the Superintendent is not satisfactory to the Association, the grievance may be 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 any step fails to respond in a timely mannermore than one school, the grievance will be considered denied and may be moved submitted to the next appropriate supervisor. The parties will attempt to resolve the grievance at this level.
Step 2 - If agreement is not reached at Step 1, the grievant will reduce the grievance to writing and submit same to the parties to whom the informal grievance was submitted in Step 1. Failure The writing will include the provision of this Agreement involved, the time when and the place where the alleged events or conditions constituting the grievance arose and the proposed remedy sought. The party to whom the written grievance is submitted will respond in writing within five school days after receipt of the grievant to meet any time limits will result in the grievance being considered as withdrawngrievance.
e. Step 3 - If the grievant is not satisfied with the response received at Step 2 or if no response is received within five school days, the grievant may, within five school days thereafter, submit a copy of his/her written grievance, together with any response received at Step 2, to the Superintendent of Schools. The Superintendent of Schools, or his/her designee, will make a determination in regard to the grievant within 10 school days. In the event a grievance is filed after May 1st course of any year and strict adherence to deciding the time limits may result in hardship of any partygrievance, the Superintendent shall use of Schools, or his/her best efforts to process such grievance prior designee, may hold meetings or conferences as he deems necessary.
Step 4 - If the grievant is not satisfied with the response received at Step 3, the grievant, may, within five school days, submit a copy of his/her written grievance, together with all responses received at previous Steps, to the end Board of Education. The Board of Education will make a determination in regard to the school term grievance and transmit its written decision thereon to the grievant within 10school days. In the course of deciding the grievance, the Board of Education may hold meetings, conferences or hearings as soon thereafter as possibleit deems necessary.
Step 5 - 1. If the grievance grievant is processed to arbitrationnot satisfied with the determination of the Board of Education, the parties may submit grievant may, within 10working days after receipt of the grievance determination, seek arbitration pursuant to expedited arbitration under the rules Voluntary Labor Arbitration Rules of the American Arbitration Association and the provisions of the Civil Procedure Law and Rules. The cost of any arbitration will be borne equally by the District and the Association.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates the Association President or his/her designee as the local agent responsible for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group of teachers, or the Association believing that there has been a violation shall, A. Any grievance must be filed within ten (10) school days of its alleged occurrence, orally discuss the grievances with aggrieved act or it shall be deemed forever waived by the building Principal and the representative of the Association in an attempt to resolve the matter. 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 Twogrievant.
2. LEVEL TWO - If the meeting B. Since it 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 disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance 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 of the Superintendent is not satisfactory to the Association, the grievance may be 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 important 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 processed as rapidly as possible and within the limits and procedure as set forth herein. If the administration at any step fails to respond in a timely mannerpossible, the grievance will number of days indicated at each level should be considered denied a maximum, and may every effort should be moved made to expedite the next level. Failure of the grievant to meet any time limits will result in the grievance being considered as withdrawnprocess.
e. C. In the event a grievance is filed on or after May 1st the closing of any year and strict adherence 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 result in hardship be exhausted as soon as is practicable.
D. Nothing herein contained will be construed as limiting the right of any partygrievant having a grievance to discuss the 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 terms 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. In any event the Association shall have a right to have a representative present and to state its views at all stages of the grievance procedure.
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 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 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 all parties in interest within ten (10) days after receipt of the grievance. 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 Executive 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 School District and the Association. The appeal shall use his/her best efforts 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 designee, shall communicate the decision in writing to process 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 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 prior in writing to the end Superintendent directly and the processing of the school term grievance shall 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 procedure.
S. It is appropriate at each level of the grievance process to determine whether such grievance is a proper grievable item as soon thereafter as possibledefined herein. If at any level it is determined that the grievance is processed not a proper grievable item, then that determination should be noted in the decision rendered. This Agreement, and all items agreed on pursuant to arbitrationthis Agreement, when adopted and signed by both parties, shall remain in effect for so long as the Association is recognized as the lawful representative of the certified personnel of the Union School District or until modified by the parties may submit in writing. Either party desiring changes in this Agreement shall notify the grievance other party in writing at least thirty (30) days prior to expedited arbitration any regular meeting of the negotiations committee. Any changes in this Agreement must be made by a majority consent of both 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 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 rules previous NBC bonus program). ** Includes the district portion of 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 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 American Arbitration Association.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 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 monthly amount to be 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 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 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 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 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 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 monthly amount to be 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 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 ▇▇▇▇▇▇ Education Association designates Any administrator shall have the Association President or right to present his/her designee as grievance through the local agent responsible for processing grievances through Level Threesteps 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. LEVEL ONE - A teacher– group of teachers, Any administrator who has a grievance shall first orally advise his or the Association believing that there has been a violation shall, within ten (10) school days her immediate supervisor of its alleged existence within twenty (20) calendar days after its occurrence, orally discuss the grievances . The supervisor shall meet with the building Principal and the representative of the Association administrator within fourteen (14) calendar days in an attempt to resolve the mattergrievance at this level. If no resolution is obtained within five Within fourteen (514) school calendar days following the after discussion, the grievant supervisor shall express orally make known his or her decision to the grievance in writing and process in accordance with Level Twoadministrator.
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 disapprove the grievance. If the grievance is transmitted directly not resolved to the Superintendentsatisfaction of the administrator at the level of Step 1, he/she 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 have confer with the parties concerned together or separately within seven (7) calendar days. The 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 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 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 by 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.
4. A grievance which remains unresolved to the satisfaction of the Association after the Board has rendered its decision may be submitted to arbitration within ten (10) school calendar days from following receipt to approve or disapprove itof the Board’s decision. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance The arbitrator shall be denied chosen from a list of names provided by the SuperintendentNew Jersey Public Employment Relations Commission. Arbitration shall begin as quickly as possible, either depending upon review the availability of an arbitrator. Copies of the action of arbitrator’s binding decision shall be sent to: (1) the school principal or in aggrieved; (2) the first instance, Board; (3) the Superintendent shall answer the grievance in writing of Schools; and the grievance with the answer shall be transmitted to (4) the Association.
35. LEVEL THREE - If the decision of the Superintendent is not satisfactory to the Association, the grievance may be submitted within twenty (20) school days to arbitration before an impartial arbitrator selected by the parties.
a. The arbitrator shall be selected limited to the issues submitted to him by the American Arbitration Association in accord with its rules which parties and shall likewise govern the Arbitration hearing. The Board and Association shall not be permitted to assert in such arbitration proceeding any ground without power or to rely on any evidence not previously disclosed to the Board and to the Association. The arbitrator shall have no power authority to alter, add to amend or subtract from modify the terms of this Agreement. Both parties agree In addition, the arbitrator shall be without power or authority to be bound make any decision which requires the commission of acts prohibited by law or which violates the award 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 any, 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 actual and duties of the Board granted by Legislative Act.
b. If any teachers for whom a grievance is sustained necessary travel and subsistence expenses 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 borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.
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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. STEP 1 The ▇▇▇▇▇▇ Education Association designates Building Principal shall respond in writing to each grievance received. If an aggrieved party is not satisfied with the Association President response of the Building Principal or his/her designee as if no response is received within one calendar week after the local agent responsible for processing grievances through Level Threesubmission 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. LEVEL ONE - A teacher– group , he/she may within ten days of teachersthe response by the Building Principal, or the Association believing that there has been a violation shall, within ten (10) school days of its alleged occurrencethe time such response was due, orally discuss submit the grievances grievance, in writing, to the Superintendent for review and determination.
STEP 3 The Superintendent or his designee shall meet with the building Principal aggrieved and his representative (if the representative aggrieved desires a representative) at a reasonable time and place designated by the Superintendent within five days after the presentation of the Association in appropriate appeal documents to the Superintendent's office. Such meetings shall be an attempt to resolve the mattergrievance. If no resolution is obtained within five (5) school Within ten days following the discussionafter such a meeting or meetings, the grievant Superintendent or his designee, after consultation with the Board of Education, shall express make a decision in writing, setting forth his conclusions with respect to the grievance, 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 days submit the grievance in writing and process in accordance to an arbitrator by registered mail with Level Two.
2a copy to the Superintendent. LEVEL TWO - If A mutually acceptable arbiter shall be designated by appropriate amendment to this section. In the meeting is with the school principal and event the parties cannot agreeagree on an arbiter, they shall request a list of arbiters from the grievance shall promptly American Arbitration Association. The parties will then be transmitted to the Superintendent who shall have five (5) school days thereafter to approve or disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance shall be denied bound by the Superintendent, either upon review rules and procedures 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 of the Superintendent is not satisfactory to the Association, the grievance may be 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 hearingselection of an arbiter. The Board 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 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 be permitted to assert privileged by law, in such arbitration proceeding any ground their possession or to rely on any evidence not previously disclosed control, and which is relevant to the Board 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 arbiter's report shall be submitted in writing to the board, the employee, and the Association, and shall set forth his findings of fact, reasoning’s, conclusions and decisions on the issues submitted. The arbitrator arbiter shall have no power or authority to alter, add to make any decision which requires the commission of an act prohibited by law or subtract from which shall violate of the terms of this Agreementagreement. Both parties agree to The decisions of the arbiter shall be bound final and binding upon all parties. The expenses of the arbitration, including the arbiter's fees, his expenses, a transcript of the hearings, etc., shall be shared equally by the award of the arbitrator Association 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 the Association signed the appeal to Step 4. If any teachers for whom a grievance is sustained shall be found the Association did not sign the appeal to have been improperly reprimanded or improperly deprived of a position, or unjustly dischargedStep 4, the arbitrator will have authority to reinstate the teacher, with full reimbursement for all compensation lost. The costs of any arbitration under this article expenses shall be shared equally by the Board and the Associationaggrieved person.
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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates 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 President or his/her designee from filing a grievance, nor does it establish a precedent. However, a grievance shall be processed as follows:
Step I The grievant shall present the local agent responsible for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group grievance in writing, signed, dated and specifying the remedy sought, to the administrator within (10) days of teachersthe occurrence, or date the Association believing that there has 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 violation shall, meeting to take place within ten (10) school days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative receipt of the Association in an attempt to resolve grievance. Within ten (10) days of the matter. If no resolution is obtained within five (5) school days following the discussionmeeting, the grievant shall express 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 in writing and process in accordance with Level Two.
2. LEVEL TWO - If the meeting is with the school principal and Willow Grove Board of Education. The request for a Step II hearing with the parties cannot agree, the grievance Board of Education shall promptly be transmitted submitted to the Superintendent who shall have five (5) school days thereafter to approve or disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have Board of Education President within ten (10) school days from receipt to approve or disapprove it. An Associationof the administrator’s written response at Step I, or a group grievance may be submitted directly to the Superintendent. If the grievance shall be denied by the Superintendent, either upon review deemed to have been withdrawn. Within thirty (30) days of the action request for a hearing, the Board of Education shall commence a meeting to hear the issue. Each party shall have the right to include in its representation such witnesses as it deems necessary. Within ten (10) days of the school principal or in the first instancehearing, the Superintendent grievant shall answer be provided with the Board’s written response, including the reasons for the decision.
Step III If the Association is not satisfied with the disposition of the grievance in writing and at Step II, the Association may submit the grievance to binding arbitration with the answer shall be transmitted to the Association.
3. LEVEL THREE - If the decision of the Superintendent is not satisfactory to the Association, the grievance may be 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 act as the Arbitration hearingadministrator of the proceedings. The Board and Association shall If a demand for arbitration is not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to filed with the Board and within thirty (30) days of the date of the Step II answer, then the grievance shall be deemed to the Association. have been withdrawn.
A. The arbitrator Arbitrator shall have no power right to alteramend, modify, nullify, ignore, add to or subtract from the terms provisions of this Agreement. Both parties agree The arbitrator shall consider and decide only the specific issues submitted to him/her in writing, and his/her decision shall be bound by based solely upon his/her interpretation of the award 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 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 Associationparties.
c. It is expressly understood D. If only one party requests the presence of a court reporter; that party shall bear the grievance procedure cost of the reporter. If both parties request a court reporter, they shall not apply to those matters from which statute authorizes specific remedy, such as share the Tenure Teacher Actcosts.
d. It is understood E. If only one party requests the postponement of an arbitration hearing, that party shall bear the time limits are maximum and can be extended with the written mutual consent cost 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 any step fails to respond in a timely manner, 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 withdrawnsuch postponement.
e. In the event a grievance is filed after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates Any non-probationary paraprofessional may at any time present grievances to the administration without the intervention of the Association President provided that the Association has been given the opportunity to be present at all meetings. The failure of non-probationary paraprofessional of the Association to act within the time limits will act as a bar to any further appeal and an administrator’s failure to render a decision or meet within the time limits set forth shall permit the non-probationary paraprofessional or Association to proceed to the next step. Time limits may be extended only by mutual agreement. Hearings and conferences held under this procedure shall be conducted by mutual agreement, but in a timely manner. Before a grievance is filed, a sincere attempt shall be made to resolve any differences informally between the aggrieved and the Supervisor. At this meeting, the Association is entitled to be represented if requested by the paraprofessional. FIRST STAGE The filing of the grievance at the first stage must be within thirty (30) school days of the original occurrence of the grievance. The meeting with the Supervisor or appropriate District representative, who has the authority to make a decision on the grievance, shall make such decision and communicate it in writing within ten (10) school days after the meeting, to the aggrieved, the Executive Director and the Association President. SECOND STAGE In the event a grievance has not been satisfactorily resolved at the first stage, the aggrieved paraprofessional or his/her designee as the local agent responsible for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group of teachersAssociation designee, or the Association believing that there has been a violation shall, will file within ten (10) school days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative receipt of the Association in an attempt to resolve Executive Director ‘s written decision or answer at the matter. If no resolution is obtained within five (5) school days following the discussionfirst stage, 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 a letter to the Superintendent who shall have five (5) school days thereafter to approve or disapprove the grievanceExecutive Director and/or his/her designee, requesting a meeting. If the grievance is transmitted directly to the Superintendent, he/she shall have Within ten (10) school days from receipt to approve or disapprove it. An Associationafter the meeting, or a group grievance may the decision will be submitted directly communicated in writing to the Superintendentparaprofessional, Supervisor and Association President. THIRD STAGE If grievance is not resolved satisfactorily to the grievance Association after the second stage, there shall be denied by the Superintendenta third step impartial arbitration. The Association may submit in writing, either upon review within thirty (30) days of the action of the school principal or in the first instanceExecutive Director’s decision, the Superintendent a request to enter into such arbitration. The parties shall answer the grievance in writing and the grievance with the answer shall be transmitted to the Association.
3. LEVEL THREE - If the decision of the Superintendent is not satisfactory to the Association, the grievance may be submitted within twenty (20) school days to arbitration before an impartial arbitrator selected by the parties.
a. The arbitrator shall be selected by jointly request the American Arbitration Association to submit to them a list of five (5) arbitrators’ names and qualifications. Either party may reject one list in accord with its rules which entirety and request that another list is submitted. From such list, the party requesting the arbitration shall likewise govern strike two names and the Arbitration hearingother party shall strike two names. The Board and Association person whose name remains 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 Associationarbitrator. 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 selected shall be found jointly notified of their selection and requested to have been improperly reprimanded or improperly deprived of contact the parties with respect to setting up a position, or unjustly discharged, the arbitrator will have authority to reinstate the teacher, with full reimbursement time for all compensation losta hearing. The costs of any arbitration under this article All expenses incurred shall be shared equally by the Board and Association. Any legal expenses incurred should be paid for by the Associationparty engaging the legal counsel. Insofar as such arbitration is limited solely and simply to interpretation and implementation of the terms of this contract, both parties agree to abide by the results of the findings of the arbitrator. The arbitrator shall not have the power to add to, subtract from, alter, or modify in any way, any of the terms or conditions of this Agreement. It shall be the function of the arbitrator, and he/she shall be empowered, except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specified Articles and Sections of the Agreement.
c. It A. He/she shall have no power to establish salary structures.
B. He/she shall have no power to rule on any of the following:
1. The termination of services or failure to re-employ any probationary paraprofessional.
2. Any claim, or complaint, to which there is expressly understood another remedial procedure, or forth-established law or regulation, having the force of law.
3. Any matter involving paraprofessional evaluation.
C. He/she shall have no power to decide any questions, which under the Agreement are within the responsibility of management to decide. In rendering decisions, the arbitrator shall give due regard to the responsibilities of management and shall so construe such responsibilities, except as they may be specifically conditioned by the Agreement.
D. If either party disputes the ability to arbitrate any grievance under the terms of this Agreement, the arbitrator shall have no jurisdiction to act until the matter has been determined by a court of competent jurisdiction. In the event that a case is appealed to an arbitrator, on which he/she has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits.
E. All claims for back wages shall be limited to the amount of wages that a paraprofessional would have otherwise earned less any unemployment or other compensation that he/she may have received from any source during the period of back pay. No decision in any one case shall require a retroactive wage adjustment in any other case. In any case an award shall not go back further than the beginning of this Agreement.
F. The fact that the grievance procedure has been considered by the parties in the preceding steps of the grievance shall not apply constitute a waiver of jurisdictional limitations upon the arbitrator in the Agreement.
G. All records related to those matters the grievance shall be filed separately from which statute authorizes specific remedythe personnel files of a paraprofessional during the time of grievance.
H. By mutual agreement, such any step of the grievance procedure may be bypassed.
I. No reprisal shall be taken by the Board or SEDOM administration against any paraprofessional because of the paraprofessional’s participation in a grievance. A reprisal shall not be considered any exercise of management’s prerogative as indicated by this agreement.
J. A grievance may be withdrawn at any level but if withdrawn shall be treated as though never filed.
K. The Board shall provide the Tenure Teacher Association with public records necessary for the investigation of any grievance, provided a charge therefore may be made not to exceed the amount specified in the Public Records Act.
d. It is understood that the time limits are maximum and can L. The Association may 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 represented at any step fails to respond in formal meeting, which is part of this procedure, and shall receive a timely manner, the grievance will be considered denied and may be moved to the next level. Failure copy of the grievant to meet any time limits will result in the grievance being considered as withdrawnall formal responses.
e. In the event a grievance is filed after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates parties agree that it is desirable for problems to be resolved between the employee and his/her immediate supervisor, and nothing herein shall prevent an employee from taking up any claimed grievance with his/her immediate supervisor before formal filing of said grievance.
A. Step One Within thirty (30) days of the date an alleged grievance occurs, the grievant must present the grievance in writing to the immediately involved administrator (Step One Grievance Form located in Appendix 8), who will arrange for a meeting to take place within four (4) days after receipt of the grievance. Said administrator shall provide the grievant and the Association President with a written answer to the grievance together with the reasons for the decision within four (4) days after the meeting (Step One Grievance Form-back located in Appendix 8B).
B. Step Two If the grievance is not settled at Step One, then the grievance may be referred in writing to the Superintendent or his/her designee within ten (10) days after the grievant’s receipt of the administrator’s answer at Step One, (Step Two Grievance Form located in Appendix 9). The written grievance shall give a clear and concise statement of the alleged grievance, including the facts on which the grievance is based, reference to the specific terms of the Agreement which have been violated, the issues involved, and the remedy sought. The Superintendent or designee shall arrange for a meeting with the grievant to take place within seven (7) days of receipt of the appeal. The parties shall have the right to include in the meeting such witnesses and counselors as they deem necessary to develop facts pertinent to the local agent responsible grievance. Each party shall pay for processing grievances through Level Threeits witnesses. Upon conclusion of the meeting, the Superintendent or designee will have seven (7) days to provide a written decision, together with the reasons for the decision to the Association and grievant, (Step Two Grievance Form - back located in Appendix 9B).
1. LEVEL ONE - A teacherC. Step Three – group of teachersBinding Arbitration If the grievance is not settled at Step Two, or the Association believing that there has been a violation shallgrievant may, within ten (10) school days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative after receipt of the Association in an attempt Superintendent’s or designee’s answer to resolve the matter. If no resolution is obtained within five (5) school days following the discussionStep Two, the grievant shall express the grievance request in writing and process in accordance with Level Two.
2that the Association submit his/her grievance to arbitration (Step Two Grievance Form – back). LEVEL TWO - If the meeting is with the school principal and the parties cannot agreeThe Association may, the grievance shall promptly be transmitted by written notice to the Superintendent who shall have five within seven (57) school days thereafter to approve or disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from after receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance 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 of the Superintendent is not satisfactory to the Association, the grievance may be 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 request 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 positionemployee, 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 binding arbitration under the rules of the American (Step Three Grievance Form located in Appendix 10). Arbitration Association.shall be conducted in accordance with provisions which follow:
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. All time limits referred to in this Article shall consist of working days, except that occur during summer vacation periods, time limits shall consist of school district office workdays. A grievance may be initiated by a teacher or by the Association. The ▇▇▇▇▇▇ Education Association designates procedure for processing a grievance shall be as follows:
STEP 1: The grievant may first discuss the Association President matter with the Superintendent with the objective of resolving the matter informally. Nothing contained in this Article of the AGREEMENT shall prohibit or prevent the Superintendent or the grievant from having a person of his/her designee as own choosing from outside of the local agent responsible for processing grievances through Level Threebargaining unit or a consultant in attendance at any informal or formal step of the grievance procedure.
1STEP 2: If the grievance cannot be resolved informally, the grievant may file the grievance in writing with the Superintendent within twenty (20) working days from the occurrence of the event giving rise to the grievance. LEVEL ONE - A teacher– group The written grievance shall note all clauses of teachersthe AGREEMENT which are alleged to have been violated, or and shall state the Association believing that there has been a violation shall, within basic facts of the claimed violation. The Superintendent shall answer this grievance in ten (10) school working days of its alleged occurrencein writing, orally discuss submitting a copy to the grievances teacher and the Association representative.
STEP 3: If the grievant disagrees with the building Principal and the representative decision of the Association in an attempt to resolve the matter. 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 disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have notify the Superintendent in writing within ten (10) school working days from of the date of receipt of his/her desire to approve or disapprove it. An Association, or a group have the grievance may be submitted directly processed to the SuperintendentBoard for a decision. If the grievance The Board 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 of the Superintendent is not satisfactory to the Association, the grievance may be submitted meet within twenty (20) school working days of receipt of the grievance. The parties to arbitration before an impartial arbitrator selected by the parties.
a. The arbitrator grievance shall be selected by allowed to present witnesses and have attorneys present before the American Arbitration Association in accord with its rules which shall likewise govern the Arbitration hearingBoard, as deemed necessary. 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 provide 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 grievant with its written response within ten (10) working days 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 Actmeeting.
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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) The number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits may be extended by mutual consent in writing by the authorized representatives of each party. At Level Three and above, ▇▇▇▇▇▇ Education Association designates ▇▇▇’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 President or his/her designee as accompany him in approaching his immediate supervisor. In such case, the local agent responsible for processing grievances through Level Threesupervisor shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present.
1c) 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 Personnel Department. LEVEL ONE - This form is shown in the Appendix 10 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Department of Personnel. A teacher– group of teachersformal grievance shall be filed as soon as possible, or the Association believing that there has been a violation shall, within but in no event longer than ten (10) school days after disclosure of the facts giving rise to the grievance. Within five (5) days of its alleged occurrencethe filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, orally discuss the grievances with the building Principal grievant, and the Association representative of and an answer to the Association grievance shall be given to the grievant in an attempt to resolve the matter. If no resolution is obtained writing within five (5) school days following after 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 disapprove the grievancemeeting. If the grievance is transmitted directly not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Personnel that it intends to appeal the grievance, stating the grounds for such an appeal. The Director of Personnel 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 Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An grievant and the Association, or a group grievance may be submitted directly to the Superintendent. If the grievance shall be denied is not settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the Superintendentgrievant and the Association, either upon review be appealed to the Board by filing a written notice with the Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of the action of the school principal or in the first instancesuch notice, and the Superintendent shall answer promptly notify the grievance in writing grievant and the grievance with Association of the answer date, time, and place where such appeal will be heard. The Board’s written decision shall be transmitted to the Association.
3grievant and the Association within seven (7) days after the hearing. LEVEL THREE - If Within five (5) days of receipt of the decision of the Superintendent is not satisfactory to the Associationat Level Three, the grievance may be submitted within twenty (20) school days to arbitration before an impartial arbitrator selected by the partiesarbitration.
a. a) The parties will select an arbitrator according to the provisions of the “Public Employe Relations Act.” The arbitrator shall be selected by the American Arbitration Association render his decision in accord with its rules which shall likewise govern the Arbitration hearing. The Board writing 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 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 Actjurisdiction.
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. b) The costs of any arbitration under this article shall be shared equally by the Board and the Association.
c. It is expressly understood Association agree that the grievance procedure neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence 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 any step fails to respond in a timely manner, the grievance will be considered denied and may be moved disclosed 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 after May 1st of any year and strict adherence to the time limits may result in hardship of any party, the Superintendent shall use his/her best efforts to process such grievance other party 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 Associationsuch hearings.
Appears in 1 contract
Sources: Master Contract
Procedures. The ▇▇▇▇▇▇ Education Association designates parties hereto acknowledge that it is usually most desirable for an employee and the immediately involved supervisor to resolve problems through free and informal communication, provided the resolution is consistent with the terms of this document. The informal discussion shall take place within fifteen (15) days of the occurrence of the event, which initiated the alleged grievance. The Board acknowledges the right of the Association President or to assist a grievant at any level of the grievance procedure if it obtains the consent of the grievant, and the Association acknowledges the right of any member of the Administration to receive assistance as desired in any step of the grievance procedure. Failure of any grievant to abide by the prescribed timelines shall prohibit the grievant from proceeding to the next step. The time limits, however, may be extended by written agreement between the parties. At any step of the grievance procedure, the grievant may have representation of his/her designee as choice. A grievance involving the local agent responsible for processing grievances through Level Threeact of any Administrator above the building level shall initially be filed at Step 2 of the grievance procedure after the grievant has first verbally consulted the Administrator involved.
1. LEVEL ONE - A teacherA. STEP 1 – group of teachersIf the alleged grievance cannot be resolved informally, or the Association believing that there has been a violation shall, within grievant shall present the grievance in writing to the immediately involved supervisor no later than ten (10) school days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative of the Association in an attempt to resolve the matter. If no resolution is obtained within five (5) school days following the discussionprocess. The written information contained in the filed grievance shall contain the following:
1. A description of the specific grounds of the grievance, including the grievant shall express specific action or lack of action being grieved, including names, dates and places necessary for a complete understanding of the grievance in writing and process in accordance with Level Two.grievance;
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 disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance shall be denied by the Superintendent, either upon review A listing 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 of the Superintendent is not satisfactory to the Association, the grievance may be 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 provisions of this Agreement. Both parties agree to be bound by , the award of the arbitrator Article or Articles and agree that judgment thereon may be entered in any court of competent jurisdiction where such award does not conflict with Sections 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 Paragraphs, which are alleged to have been improperly reprimanded violated 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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.misapplied;
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education 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 designates 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 be processed as follows:
A. Step One: The faculty member or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within ten college days after receipt of the grievance. The grievance shall be submitted within fifteen college days of when the occurrence might reasonably have been ascertained. If the grievant requests, he/she may be accompanied to the meeting by a member of the 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 Association, the Association may have one of its full members as a representative at the meeting. Within ten college 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.
B. Step Two: If the grievance is not resolved at Step One, then the Association may refer the grievance to the President of the College or designee within five college days after receipt of the Step One answer. The President, or his/her designee as designee, shall arrange with the local agent responsible Association representative for processing grievances through Level Threea meeting to take place within ten college days of receipt of the appeal. Within ten college days of the meeting, the Association shall be provided with a written response from the President or designee, including the reason(s) for the decision.
1. LEVEL ONE - A teacher– group C. Step Three: If the Association is not satisfied with the disposition of teachers, the grievance at Step Two or the Association believing that there has been a violation shall, within ten (10) school days of its alleged occurrence, orally discuss time limits expire without the grievances with the building Principal and the representative issuance of the Association in an attempt to resolve the matter. If no resolution is obtained within five (5) school days following the discussionPresident's or designee's written reply, the grievant shall express Association may submit the grievance in writing and process in accordance with Level Two.
2to binding arbitration. 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 disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance 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 of the Superintendent is not satisfactory to the Association, the grievance may be submitted within twenty (20) school days to arbitration before an impartial arbitrator selected by the parties.
a. The arbitrator shall be selected by from a panel or panels to be secured from the American Arbitration Association in accord with its rules which shall likewise govern the Arbitration hearing(AAA). The Board and Association arbitrator's award shall be binding. If a demand for arbitration is not filed within twenty days after the date for the Step Two answer, then the grievance shall be permitted to assert in considered withdrawn. In connection with any such arbitration proceeding any ground or to rely on any evidence not previously disclosed to arbitration, it is agreed as follows:
1. That the Board and to the Association. The arbitrator shall have no power to alter, add to alter or subtract from enlarge the terms of this Agreement;
2. Both parties agree to be bound by Each party shall bear the award full costs for its representation in the arbitration. The cost of the arbitrator and agree that judgment thereon may the AAA shall be entered in any court of competent jurisdiction where such award does not conflict with or deny divided equally between the powers and duties parties;
3. If either party requests a transcript of the Board granted by Legislative Act.
b. proceedings that party shall bear the full costs of that transcript. If any teachers for whom both parties order a grievance is sustained transcript the cost shall be found to have been improperly reprimanded or improperly deprived of a position, or unjustly discharged, divided equally between 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 Associationparties.
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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. 7.3.1 The ▇▇▇▇▇▇ Education Association designates number of Days indicated at each level of this procedure shall be considered maximum and every effort shall be made to expedite the Association President or his/her designee as the local agent responsible for processing grievances through Level Threeprocess.
1. LEVEL ONE - A teacher– group of teachers, or the Association believing that there has been a violation shall, within ten (10) school days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative of the Association in an attempt to resolve the matter. If no resolution is obtained within five (5) school days following the discussion, the grievant 7.3.2 Grievance proceedings shall express the grievance in writing and process not be conducted in accordance with Level Twothe rules of civil procedure.
2. LEVEL TWO - 7.3.3 If the meeting is College fails to comply in writing or with its time limit requirements as set forth under any of the school principal and the parties cannot agreeprocedure steps, the grievance shall promptly be transmitted considered automatically appealed to the Superintendent who shall have five (5) school days thereafter to approve or disapprove next level of the grievance. procedure.
7.3.4 If the grievance is transmitted directly grievant fails to comply with the Superintendentgrievant’s time limit requirements, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Associationas set forth under any of the procedure’s steps, or a group grievance may be submitted directly to the Superintendent. If the grievance shall be denied by considered null and void.
7.3.5 The time limits set forth herein may be extended provided the Superintendent, either extension has been mutually agreed 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 of the Superintendent is not satisfactory to the Association, the grievance may be 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 7.3.6 A grievance shall not be permitted to assert 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 such arbitration proceeding this procedure.
7.3.8 A grievant may be accompanied and represented by one Union representative and the charged-party may be represented by a person of the charged-party’s choice at any ground hearing or to rely on any evidence not previously disclosed to meeting conducted under this procedure.
7.3.9 An employee, acting individually, may present a grievance without the Board and to intervention of the AssociationUnion, provided the grievance has been processed in accordance with this procedure. The arbitrator grievant shall have no power be responsible for notifying the Union in writing that a grievance is being filed. At any hearing or meeting related to altera grievance brought individually by an employee, add the Union shall be notified by the grievant of the hearing in advance and afforded the opportunity to or subtract from be present and make its views known. Any adjustment made shall be consistent with the terms provisions of this Agreement.
7.3.10 All documents related to a grievance shall be maintained in a separate grievance file. 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 This provision does not conflict with or deny include disciplinary actions and/or documents that are the powers and duties subject of the Board granted by Legislative Acta grievance.
b. If any teachers for whom a grievance is sustained 7.3.11 Grievances shall be found to have been improperly reprimanded processed at times other than during an employee’s scheduled class time or improperly deprived of times when there is a position, school 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 department meeting or an Academic Affairs or College-wide meeting where attendance is mandatory.
7.3.12 All decisions shall be shared equally by the Board and the Association.
c. It is expressly understood that submitted in writing at each step of the grievance procedure and the decision shall not apply be submitted to those matters from which statute authorizes specific remedy, such as both the Tenure Teacher Actgrievant and the Union.
d. It 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 a grievant or the Union violates this provision, this action will be a waiver by the grievant or Union of any confidentiality right the grievant may have that is understood that related to the grievance.
7.3.15 The parties to a grievance may mutually agree to toll the procedure’s time limits are maximum and can be extended in accordance 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 any step fails to respond in a timely manner, 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 withdrawnsub-paragraph 7.
e. In the event a grievance is filed after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education 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 employee, an Association designates representative may accompany the Association President employee to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or his/her designee the Association, a grievance may be processed as follows: ! Step I—Within twenty (20) days following the local agent responsible for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group occurrence of teachersthe event giving rise to the grievance, the employee or the Association believing that there has been may present the grievance in writing to the immediate supervisor, who will arrange for a violation shall, meeting to take place within ten (10) school days after receipt of the grievance. The 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 its alleged occurrence, orally discuss the grievances with the building Principal and the representative of the Association in an attempt to resolve the matter. If no resolution is obtained within five (5) school days following the discussionmeeting, the grievant and the Association shall express the grievance in writing and process in accordance with Level Two.
2. LEVEL TWO - If the meeting is be provided with the school principal and immediate supervisor’s written response, including the parties cannot agree, reasons for the grievance shall promptly be transmitted to the Superintendent who shall have five (5) school days thereafter to approve or disapprove the grievancedecision. ! Step II—If the grievance is transmitted directly not resolved at Step I, then the Association may refer the grievance to the Superintendent or the Superintendent, he/she shall have ’s official designee within ten (10) school days from after the receipt of the Step I answer. The Superintendent or designee shall arrange with the Association representatives for a meeting to approve or disapprove ittake place within ten (10) days of the Superintendent’s receipt of the appeal. An Association, or a group grievance may be submitted directly Each party shall have the right to include in its representation such witnesses and internal representatives as it deems necessary to develop the facts pertinent to the Superintendentgrievance. Within ten (10) days of the meeting, the 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 American Arbitration Association (“AAA”), which shall act as the administrator of the proceedings. If the grievance 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 of the Superintendent a demand for arbitration is not satisfactory to the Association, the grievance may be submitted filed within twenty (20) school days to arbitration before an impartial arbitrator selected by of the partiesdate for the Step II answer, then the grievance shall be deemed withdrawn.
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 alter the terms of this Agreement nor to amend, modify, nullify, ignore or add to the provisions of this Agreement. Both parties agree His/her authority shall be strictly limited to be bound deciding only the issue or issues presented to him/her in writing by the award 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 Agreement.
b. The Board and the Association shall bear equally the costs of arbitration proceedings. All legitimate expenses incurred by 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 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. It is expressly understood If either party requests a transcript of the proceedings, that party shall bear the grievance procedure full cost of that transcript. If both parties order a transcript, the cost of the two transcripts shall not apply be divided equally between the parties. If a copy of the transcript shall be furnished to those matters from which statute authorizes specific remedythe arbitrator, the cost of such shall be paid as part of the Tenure Teacher Actcosts for the arbitration proceedings.
d. It is understood that the time limits are maximum and can All claims for back wages shall 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 any step fails to respond in a timely manner, the grievance will be considered denied and may be moved limited to the next level. Failure amount of wages that an employee would have otherwise earned plus interest, less any state unemployment compensation or other salary s/he may have earned on a replacement job during the grievant to meet any time limits will result in the grievance being considered as withdrawnperiod of back pay.
e. In the event a grievance is filed after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Step 1 — A good faith attempt shall be made to resolve any grievance in an informal discussion between the grievant and the appropriate supervisor. Although nothing herein shall prevent an employee from having Association designates representation throughout any step of the grievance procedure, the Association President or his/her designee as and the local agent responsible for processing grievances through Level ThreeBoard 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.
1. LEVEL ONE - A teacher– group of teachersStep 2 — If the grievance cannot be resolved informally, the grievant or the Association believing that there has been a violation shallmay file the grievance in writing with the Supervisor of Transportation or other appropriate supervisor. The written grievance should state the nature of the grievance, the specific clause or clauses of the Agreement violated, and the remedy requested. Filing of the written grievance must be done within fifteen (15) days, or as otherwise mutually agreed between the Board and the Association, from the date of the occurrence of the event giving rise to the grievance or when the grievant could reasonably have had knowledge thereof. The supervisor shall within ten (10) school days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative receipt of the Association in an attempt grievance schedule a meeting to resolve the matter. 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 disapprove the grievance. If the grievance is transmitted directly to the Superintendent, heHe/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to issue the Superintendent. If the grievance 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 grievant and the grievance with the answer shall be transmitted to the AssociationAssociation President a written response within seven (7) days of that meeting.
3. LEVEL THREE - If the decision of the Superintendent is not satisfactory to the Association, the grievance may be 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 any step fails to respond in a timely manner, 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. 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 to Step 2, or, if no answer is filed after May 1st of any year and strict adherence to received within the time limits may result specified in hardship Step 2, within seven (7) days of any partythe date when the answer was due, a copy of the grievance with the Superintendent shall use or his/her best efforts to process designee. Within ten (10) days after such written grievance prior to is filed, a meeting shall be scheduled with the end aggrieved, a representative of the school term or as soon thereafter as possible. If the grievance is processed to arbitrationAssociation, the parties may submit the grievance to expedited arbitration under the rules of the American Arbitration Association.supervisor,
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates adjustment of grievances will be accomplished as rapidly as possible. In order to insure rapid resolution of grievances, the Association President or his/her designee 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 local agent responsible for processing grievances through Level Threeprocess. 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 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 adjust the grievance in an informal 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 formal conference shall occur within five (5) days of the written request or the informal conference. In the event that the grievance is not resolved at Level 1, the grievant may within ten (10) days appeal the matter in writing to the Superintendent of the District or another administrator provided by the ESD when the grievant’s immediate supervisor is also the Superintendent. LEVEL ONE - A teacher– group of teachersThe Superintendent, the Superintendent’s designated representative, or other named administrator shall confer with the Association believing grievant in an effort to meet a satisfactory solution within a reasonable time limit. If the grievance has not been resolved within ten (10) days after the grievance was discussed with the Superintendent or the Superintendent’s designee pursuant to Level 2 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 District. The request for the meeting with the Board of Directors shall be in writing and filed with the 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 be submitted to the grievant in writing. In the event that there has been the grievance is not settled by the disposition of the Board, then within five (5) days of the written disposition of the Board, the employee shall file with the grievance committee a violation request for binding arbitration If the grievance committee determines that the grievance is valid, the grievance committee shall, within ten (10) school days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative after receipt of the Association in an attempt request from the grievant, give written notice to resolve the matter. 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, Superintendent that the grievance shall promptly be transmitted submitted to the Superintendent who shall have five (5) school days thereafter to approve binding arbitration or disapprove the grievance. If that the grievance is transmitted directly committee has decided not to pursue the Superintendent, he/she shall have grievance to arbitration. Within ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance shall be denied by the Superintendent, either upon review of the action of the school principal or in the first instanceemployee’s written request for binding arbitration, the Superintendent shall answer the grievance in writing District and the grievance with employee or the answer employee’s representative shall be transmitted confer for the purpose of selecting an arbitrator. In the event that the parties are unable to mutually agree on a person to act as an arbitrator, then the Association.
3. LEVEL THREE - If the decision of the Superintendent is not satisfactory parties shall submit a mutual request to the Association, the grievance may be 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 hearingStaff for a list of arbitrators. 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 arbitrationThereafter, the parties may submit shall alternately strike the grievance to expedited arbitration under names of the rules arbitrators contained on the list of the American Arbitration AssociationStaff until one name is remaining. The remaining person shall act as the arbitrator. The arbitration proceedings shall be conducted pursuant to the American Arbitration Staff’s expedited rules unless the parties mutually agree to waive, alter, or modify the rules. The time for the arbitration shall be established after a conference between the District, the employee or employees’ representative, and the arbitrator to schedule a mutually agreeable date for the arbitration. If any question arises as to arbitrability, such question will first be ruled upon by the arbitrator selected to hear the dispute. The cost of the service of the arbitrator, including per diem travel subsistence, costs of the hearing room, and cost of the arbitrator’s services, will be divided equally by the District and the grievant. All other costs will be borne by the party incurring the cost. If the grievant desires, the grievant may be accompanied by a person of his/her choice at Steps 1 through 4 of the grievance proceedings except the informal Step 1 conference in order to assure that the procedure is followed and the employee’s rights are protected.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1. The parties hereto acknowledge that it is usually most desirable for a teacher and his/her immediately involved supervisor to resolve problems through free and informal communications. An attempt shall be made by the grieving party to resolve any grievance by means of an informal verbal communication between the grievant and his/her immediately involved supervisor. If, however, the informal process fails to satisfy the grievant, a grievance may be processed as follows.
2. If the grievance is not resolved informally, then the grievant shall present the grievance in writing to the Principal or Designee. The grievance shall specify the article and clause alleged to have been violated and shall state the remedy sought. The grievance shall be initiated at this step within ten (10) days from the point the grievant becomes aware of the alleged ▇▇▇▇▇▇ Education Association designates the Association President or his/her designee as the local agent responsible for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group of teachers-tion, or should have become aware, whichever is later. The Principal or Designee shall arrange for a meeting to take place with the Association believing that there has been a violation shall, grievant within ten (10) school days after the receipt of the grievance. The Principal or Designee shall provide a written answer to the grievant within ten (10) days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative receipt of the Association in an attempt to resolve the matter. 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 Twoscheduled meeting.
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 disapprove the grievance3. If the grievance is transmitted directly not resolved at Step B, the aggrieved may refer the grievance to the Superintendent, he/she shall have Superintendent or Designee within ten (10) school days from after the receipt of the Step B answer. The Superintendent or Designee shall
4. arrange for a meeting to approve or disapprove ittake place within ten (10) days of his/her receipt of the appeal. An AssociationWithin ten (10) days of the meeting, or a group grievance may the grievant shall be submitted directly to provided with the Superintendent. If the grievance 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’s written response.
35. LEVEL THREE - If the decision of the Superintendent is not satisfactory to the Association, the grievance may be submitted within twenty Within thirty (2030) school days to arbitration before an impartial arbitrator selected by after receiving 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 dischargeddecision, 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 Union may submit the grievance to expedited arbitration under the Voluntary Labor Arbitration rules of the American Arbitration AssociationFederal Mediation and Conciliation Service. Expenses for the arbitration services shall be borne equally by the School Board and the Union. The School Board and the Union shall pay for their own representation and transcript costs.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Step 1. Within ten (10) school days of the time a grievance arises, or within ten (10) school days of when the grievance should reasonably have become known, the CHESS Association designates member will present the Association President or grievance to his/her designee as immediate supervisor. Free and informal communications are encouraged. Within ten (10) school days after the local agent responsible for processing grievances through Level Threepresentation of the grievance, the supervisor shall give his/her written answer orally to the griever. At the request of the grieved, the griever shall submit a “Statement of Grievance.”
Step 2. If the grievance is not resolved in Step 1. LEVEL ONE - A teacher– group of teachers, the grievant or the CHESS Association believing that there has been a violation shallrepresentative may, within ten (10) school days of its alleged occurrencereceipt of the Step 1 answer (written or oral), orally discuss the grievances with submit to the building Principal and the representative of the Association in an attempt to resolve the matter. If no resolution is obtained within five (5) school days following the discussionprincipal, 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 disapprove the grievance. If if the grievance is transmitted directly a District issue, to the SuperintendentDirector of Human Resources, he/she shall have a written “Statement of Grievance” signed by the employee. Within ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance shall be denied by the Superintendent, either upon review of the action receipt of the school principal or in the first instanceStep 2 grievance, the Superintendent building principal/Director of Human Resources shall answer the hold a Step 2 grievance in writing and the grievance with the answer shall be transmitted to the Association.
3conference. LEVEL THREE - If the decision of the Superintendent is not satisfactory to the Association, the grievance may be submitted within twenty Within ten (2010) school days to arbitration before an impartial arbitrator selected by of the partiesStep 2 grievance conference, the building principal/Director of Human Resources shall issue a written Step 2 grievance answer.
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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 possibleStep 3. If the grievance is processed to arbitrationnot resolved in Step 2, the parties may grievant or the CHESS Association may, within fifteen (15) school days of the Step 2 grievance conference, submit a Step 3 grievance to the Superintendent. Within ten (10) school days of the receipt of the Step 3 grievance, the Superintendent, and/or other representatives of the Board, shall hold a Step 3 grievance conference. 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 expedited appeal the dispute to final and binding arbitration under and in accordance with the rules Voluntary Labor Arbitration Rules of the American Arbitration Association. Such appeal must be taken within thirty (30) days from the date of the conference provided for in Step 3 above unless a longer time is jointly agreed upon between the parties.
Appears in 1 contract
Sources: Negotiation Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates parties hereto acknowledge that it is usually most desirable for an employee and the Association President or his/her designee as employee's immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, a local agent responsible for processing grievances through Level Three.
1association member may accompany the employee to assist in the informal resolution of the grievance. LEVEL ONE - A teacher– group of teachersIf, however, the informal process fails to satisfy the employee or the Association believing that there has been Association, a violation shallgrievance may be processed as follows:
3.2.1 Step 1 - The grievance must be presented in writing to the immediately involved supervisor, within ten (10) school working days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative date of the Association in an attempt event giving rise to resolve the matter. If no resolution is obtained grievance, who will arrange for a meeting to take place within five (5) school working days following after the discussionreceipt of the grievance. The Association's representative (optional), 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 grievant, and the parties cannot agree, immediately involved supervisor shall be present for the grievance shall promptly be transmitted to the Superintendent who shall have meeting. Within five (5) school working days thereafter to approve or disapprove of the grievance. 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 transmitted directly not resolved at Step I then the employee, or the Association, may refer the grievance to the Superintendentsuperintendent or the superintendent's official designee within five (5) working days after receipt of the Step I answer. The 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 representation such witnesses and counselors as it deems necessary. Within five (5) working days of the meeting, he/she the 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 Panhandle Community Unit District #2 Board of Education. The Board will have ten (10) school calendar days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to resolve the Superintendent. If the grievance 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 Associationgrievance.
3. LEVEL THREE 3.2.4 Step IV - If the decision Association is not satisfied with disposition of the Superintendent is not satisfactory to the Associationgrievance at Step III, the grievance may be 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 final and binding arbitration under the rules 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 date for the Step III answer, then the grievance shall be deemed withdrawn.
3.2.4.1 Neither the Board of Education nor the Association shall be permitted to assert any grounds or evidence before the arbitrator which has not previously been disclosed to the other party.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates the Association President or his/her designee as the local agent responsible for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group of teachers, or the Association believing that there has been a violation shall, A. Any grievance must be filed within ten (10) school days of its alleged occurrence, orally discuss the grievances with aggrieved act or it shall be deemed forever waived by the building Principal and the representative of the Association in an attempt to resolve the matter. 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 Twogrievant.
2. LEVEL TWO - If the meeting B. Since it 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 disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance 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 of the Superintendent is not satisfactory to the Association, the grievance may be 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 important 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 processed as rapidly as possible and within the limits and procedure as set forth herein. If the administration at any step fails to respond in a timely mannerpossible, the grievance will number of days indicated at each level should be considered denied a maximum, and may every effort should be moved made to expedite the next level. Failure of the grievant to meet any time limits will result in the grievance being considered as withdrawnprocess.
e. C. In the event a grievance is filed on or after May 1st the closing of any year and strict adherence 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 result in hardship be exhausted as soon as is practicable.
D. Nothing herein contained will be construed as limiting the right of any partygrievant having a grievance to discuss the 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 terms 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. In any event the Association shall have a right to have a representative present and to state its views at all stages of the grievance procedure.
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 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 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 all parties in interest within five (5) days after receipt of the grievance. 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 Executive 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 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 designee, shall use his/her best efforts communicate the decision in writing to process 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 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 prior in writing to the end Superintendent directly and the processing of the school term grievance shall 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 procedure.
S. It is appropriate at each level of the grievance process to determine whether such grievance is a proper grievable item as soon thereafter as possibledefined herein. If at any level it is determined that the grievance is processed not a proper grievable item, then that determination should be noted in the decision rendered. This Agreement, and all items agreed on pursuant to arbitrationthis Agreement, when adopted and signed by both parties, shall remain in effect for so long as the Association is recognized as the lawful representative of the certified personnel of the Union School District or until modified by the parties may submit in writing. Either party desiring changes in this Agreement shall notify the grievance other party in writing at least thirty (30) days prior to expedited arbitration under the rules any regular meeting of the American Arbitration negotiations committee. Any changes in this Agreement must be made by a majority consent of both 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 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 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. * 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 2011-2012 funds have been accrued through employees’conscientious efforts to control spending and to collect revenue due to the district. The accrued funds were allocated to the UCTA, USPA and administrator/associate employee groups. Any stipend paid to any employee eligible for membership in the bargaining unit from the 2011-2012 fiscal year funds shall be paid for that fiscal year only. In addition, any stipend paid to any employee eligible for membership in the bargaining unit from the 2011-2012 fiscal year shall NOT be included in the definition of “salary” or “salary level” or “benefits” or “compensation” in determining any employee’s salary or salary level or benefits or compensation under any statute
Appears in 1 contract
Sources: Master Contract
Procedures. The A part-time faculty member shall first make an effort to resolve a grievance informally. If a grievance cannot be resolved through informal discussion with an immediate supervisor, Academic Chair, Assistant ▇▇▇▇, Director, or ▇▇ Education Association designates ▇▇▇, it shall be processed as follows, except that a grievance based upon a recommendation for discharge shall be handled pursuant to Section 5.1(D) below. Management and the Association President or his/her designee as the local agent responsible for processing Union may mutually agree to process grievances through Level Threeinitially at Step 3.
Step 1. LEVEL ONE - A teacher– group Within ten (10) days of teachersthe event giving rise to the grievance or after the part-time faculty member reasonably should have known of the event giving rise to the grievance, the aggrieved part-time faculty member (or the Union with the part-time faculty member’s express permission) may submit a written grievance to the part-time faculty member’s immediate supervisor in the part-time faculty member’s chain of command, or designee, with a copy to the Association believing that there has been Executive Director of Human Resources, or designee, and the Union. The immediate supervisor, or designee, shall schedule a violation shall, meeting with the part-time faculty member to be held within ten (10) school days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative receipt of the Association in an attempt to resolve the matter. If no resolution is obtained within five (5) school days following the discussionwritten grievance, the grievant shall express the grievance but this meeting may be waived by mutual agreement in writing between the Union and process in accordance with Level Two.
2Management. LEVEL TWO - If the meeting is with the school principal and the parties cannot agreeThe immediate supervisor, the grievance or designee, shall promptly be transmitted submit a written answer to the Superintendent who shall have five (5) school days thereafter to approve or disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have aggrieved part-time faculty member within ten (10) school days from receipt of such meeting or the date of the agreement to approve or disapprove it. An Associationwaive the meeting, and provide a copy of the answer to the Executive Director of Human Resources, or a group grievance may be submitted directly to the Superintendent. If the grievance shall be denied by the Superintendentdesignee, 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 Union. Management and the Union may agree to resolve a grievance with the answer shall be transmitted to the Associationon a non-precedential basis.
3Step 2. LEVEL THREE - If the decision of the Superintendent is not satisfactory to the Association, the grievance may be 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 arbitrationnot satisfactorily adjusted at Step 1, the parties may submit the grievance to expedited arbitration under the rules of the American Arbitration Association.Union, within ten
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the Association President 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 designee as immediate supervisor. If requested by the local agent responsible for processing 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 through Level Threefiled.
1STEP 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. LEVEL ONE - A teacher– group The written grievance shall state the nature of teachersthe grievance, spelling out the specific clause or clauses of the Agreement which have been allegedly violated, misinterpreted, or misapplied, and shall state the Association believing that there has been remedy requested, and the date of the alleged violation. Within five (5) working days after the Department Head received the written grievance, a violation shallmeeting 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 alleged grievance. The Department Head shall render a written decision to the aggrieved employee and the Union, within ten (10) school working days of its alleged occurrencefollowing the meeting.
STEP 3: In the event that the grievance has not been satisfactorily resolved in the second step, orally discuss the grievances with the building Principal and the representative of the Association in an attempt to resolve the matter. If no resolution is obtained grievance may be appealed, within five (5) school working days following of the discussionreceipt of the written decision, to the grievant shall express County Conference Board, or their designee. The Board of Supervisors or their designee shall, within fifteen (15) days, respond to the grievance in writing and process in accordance with Level Two.
2. LEVEL TWO - If to the meeting is with the school principal employee and the Union. The parties cannot agree, the grievance shall promptly be transmitted to the Superintendent who shall have may by mutual Agreement and within five (5) school days thereafter following the receipt of the written appeal to approve or disapprove the County Conference Board, schedule a meeting to discuss the grievance. If the grievance is transmitted directly The County Conference Board or their designee shall respond in writing to the Superintendentemployee and Union, he/she shall have within ten (10) school 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 employee and Union. Requests must be received by the 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 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 approve or disapprove itsubmit a list of five (5) arbitrators. An AssociationWithin seven (7) days after receipt of the list by parties, or they shall meet and by the flip of a group grievance may be submitted directly to coin determine which party shall strike the Superintendentfirst name on the list. If They shall alternately strike names and the grievance person whose name is left 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.
3appointed arbitrator. LEVEL THREE - If the The decision of the Superintendent is not satisfactory to the Association, the grievance may be 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 limited to the Board subject matter of the grievance and shall be restricted solely to interpretation and application of the Associationterms of the Agreement where the alleged violation occurred. The arbitrator shall have no power to alteradd to, add to or subtract from or modify in part or in whole, the terms or intent of any other part of this Agreement. Both parties agree to shall share equally the costs and expenses of the arbitration proceedings, including transcript fees and fees of the arbitrator. Each party, however, shall be bound responsible for their own expenses of witnesses, representatives, attorney fees etc. Any employee found 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 procedure to have been improperly reprimanded or improperly deprived of a positionwrongly disciplined, suspended, or unjustly discharged, shall be entitled to reinstatement of 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 arbitrator will have authority to reinstate the teacher, circumstances with full reimbursement for all compensation lostan arbitration award. The costs of any arbitration under this article Union may find initially that the employee does not have a grievance and all review by the Union shall cease. The employee and the Employer shall be shared equally by notified immediately. Any employee, not a member of the Board and Union, shall have 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 right at any step fails time to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship of any party, the Superintendent shall use present his/her best efforts to process such grievance prior to the end Employer for adjustment with or without intervention of the school term or Union, as soon thereafter long as possiblesuch adjustment is not inconsistent with the terms of his Agreement. If WAGE PLAN - ARTICLE 21
A. The WAGE PLAN for the grievance is processed 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 arbitration, deduct from member's paycheck authorized deductions for General Drivers Credit Union. Same will be remitted to the parties may submit the grievance to expedited arbitration under the rules Treasurer of the American Arbitration Association.Union as provided above. RULES AND REGULATIONS - ARTICLE 22
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1. Any grievance arising between the Employer and the Union or 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 to the first line supervisor through the shop ▇▇▇▇▇▇▇ Education Association designates the Association President or his/her designee as the local agent responsible for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group of teachers, or the Association believing that there has been a violation shall, within ten (10) school days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative of the Association in an attempt to resolve the matter. If no resolution is obtained within five (5) school working days following the discussion, the grievant shall express after knowledge of the grievance in writing and process in accordance with Level Two.
2or the reason for the grievance has occurred. LEVEL TWO - If the meeting a satisfactory settlement is not reached with the school principal and the parties cannot agree, the grievance shall promptly be transmitted to the Superintendent who shall have five first line supervisor within three (53) school days thereafter to approve or disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance 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 of the Superintendent is not satisfactory to the Associationworking days, the grievance may be submitted appealed to Step 2.
STEP 2. The union business representative shall then take the matter up with a representative of the 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 New Jersey State Mediation Service. After the New Jersey State Mediation Service submits a list of arbitrators to the Union and the Employer, they shall reply with their preferred selection within 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 grievance 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 expense of the Arbitrator selected or appointed shall be borne equally by the Employer and the Union. The Local Union, or its authorized representative, shall have the right to 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) school 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 arbitration before an impartial arbitrator selected by appeal a grievance to the parties.
a. The arbitrator next step within this specified time limit 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 deemed to be bound by the award an abandonment 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 decision rendered therein shall stand for the grievance procedure shall not apply to those matters from which statute authorizes specific remedy, such as the Tenure Teacher Act.
d. particular grievance. It is understood that employees shall, during and notwithstanding the time limits are maximum pendency of any grievance, continue to observe all assignments, instructions, and can be extended with applicable rules and regulations of the written mutual consent Township of both partiesReadington, or its designee, until such grievance and any effect thereof shall have been fully determined. 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 Failure at any step fails of this procedure to respond in a timely manner, communicate the decision of the grievance will be considered denied and may be moved within the specified time limits shall permit the aggrieved to proceed to the next levelstep. Failure of the grievant However, a failure to meet any time limits will result in the grievance being render a decision shall not be considered as withdrawn.
e. In the event a grievance is filed after May 1st of any year and strict adherence an acquiescence to the time limits may result in hardship 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 Associationgrievance.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates
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 communications. 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 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 result in no interference with or interruption whatsoever of work activities of the employees. STEP 1 The Grievant shall present the grievance in writing to the immediate involved Supervisor or Building Principal, who will arrange for a meeting to take place within ten (10) days after the receipt of the grievance. The written grievance shall identify the Grievant, summarize relevant facts, identify all provisions of the Agreement allegedly violated, and list specific actions requested to remedy the grievance. Within ten (10) days of the 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 as the local agent responsible for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group of teachers, or the Association believing that there has been a violation shall, within ten (10) school days after receipt of the Step I answer or within ten (10) days of its alleged occurrence, orally discuss the grievances date the response was due. The Superintendent or his/her designee shall arrange with the building Principal Grievant or Association Representative for a meeting to take place within ten (10) days of the Superintendent’s or his/her designee’s receipt of the appeal. Within ten (10) days after the meeting, the Grievant and the representative of 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 in an attempt to resolve the matter. If no resolution is obtained within five (5) school days following the discussion, the grievant shall express may appeal 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 disapprove Secretary of the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have Board of Education within ten (10) school days from after receipt to approve of the Step II answer or disapprove itwithin ten (10) days of the date the Step II response was due. An Association, or a group The grievance may be submitted directly to and the Superintendent. If ’s response to the grievance shall be denied by heard at the Superintendentnext Board meeting. Within ten (10) days after the Board meeting, either upon review 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 action of grievance at Step III, then the school principal or in the first instance, the Superintendent shall answer Association may submit the grievance in writing and the grievance with the answer shall be transmitted to the Association.
3. LEVEL THREE - If the decision of the Superintendent is not satisfactory to the Association, the grievance may be submitted within twenty thirty (2030) school days to binding arbitration before an impartial arbitrator selected by under the parties.
a. The arbitrator shall be selected by Voluntary Labor Arbitration Rules of the American Arbitration Association Association.
i. Each party shall bear the full costs for its representation in accord with its rules which shall likewise govern the Arbitration hearingarbitration. 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 and nor the Association shall not be permitted to assert in such arbitration proceeding any ground grounds or to rely on any evidence before the arbitrator which had not previously been disclosed to the Board and to other party during the Associationprevious steps.
iv. The arbitrator shall have no power to nullify, alter, amend, ignore, add to or subtract from the terms provisions of this Agreement. Both parties agree 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 bound empowered to determine the issue raised by the grievance 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 award of the arbitrator and agree that judgment thereon may be entered in any court rendered within the limitations 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 this Section shall be found to have been improperly reprimanded or improperly deprived of a position, or unjustly discharged, final and binding upon 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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.parties.
Appears in 1 contract
Sources: Professional Services
Procedures. 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 complainant, and their immediate superior. The ▇▇▇▇▇▇ Education Association designates will be informed by the administration of the outcome achieved at this step.
2. Second Step: If any grievance cannot be resolved informally, grievant(s) will file the grievance in writing with the principal. Within ten (10) days after such written grievance is filed, the aggrieved, representative of the aggrieved as desired, and the principal will meet to resolve the grievance. The written grievance must state the nature of the grievance, note the specific clause or clauses of the Agreement allegedly violated, and state the remedy requested. Any grievance filed by the Association President or his/her designee as a group of teachers must specifically state by name each teacher included within the local agent responsible grievance, the nature of the grievance, and the remedy sought for processing each such teacher at the Step 2 meeting. The filing of the grievance at the second step must be within twenty-five (25) days from the date of the occurrence of the event giving rise to the grievance, except for grievances through Level Threepertaining to payroll which must be filed within thirty-five (35) days of the receipt of the initial paycheck involved in the grievance. The 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.
13. LEVEL ONE - A teacher– group of teachersThird Step: In the event a grievance has not been satisfactorily resolved at the second step, or the Association believing that there has been a violation shallgrievant(s) will file, within ten (10) school days of its alleged occurrencethe principal’s written decision or answer at the second step, orally discuss a copy of the grievances grievance with the building Principal and the representative of the Association in an attempt to resolve the matterSuperintendent. 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 disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have Within ten (10) school days from receipt after such written grievance is filed, the aggrieved, representative of the aggrieved as desired, the principal and the Superintendent or designee, will meet to approve or disapprove itresolve the grievance. An AssociationThe Superintendent, or a group grievance may be submitted directly to the Superintendent. If the grievance shall be denied by the Superintendentdesignee, either upon review of the action of the school principal or in the first instance, the Superintendent shall will file an answer the grievance in writing and the grievance with the answer shall be transmitted to the Association.
3. LEVEL THREE - If the decision of the Superintendent is not satisfactory to the Association, the grievance may be 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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.ten
Appears in 1 contract
Sources: Professional Services
Procedures. The ▇▇▇▇▇▇ Education Association designates the Association President or his/her designee as the local agent responsible for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group of teachers, or the Association believing parties acknowledge that there has been a violation shall, within ten (10) school days of its alleged occurrence, orally discuss the grievances with the building Principal an employee and the representative of Board may resolve problems through free and informal communications. However, a grievance shall be processed as follows:
A. Step 1 - The grievant may present the Association grievance in an attempt writing to resolve the matter. If no resolution is obtained immediately involved supervisor or appropriate designee, who will arrange for a meeting to take place within five (5) school days following after receipt of the discussiongrievance. The grievance must specify the details involved pertaining to the alleged grievance, 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 contract sections allegedly violated, and the parties cannot agree, the requested remedies. The grievance shall promptly be transmitted to the Superintendent who shall have filed within five (5) school days thereafter following the occurrence of the event, giving rise to approve it or disapprove of the grievancedate when such could reasonably be ascertained to have occurred. The Association's representative, the grievant, and the immediately involved supervisor may be present for the meeting. Within five (5) days of the meeting, the grievant and the Association shall be provided with the supervisor's written response, including the reasons for the decision.
B. Step 2 - If the grievance is transmitted directly not resolved at Step 1, then the Association may refer therievance to the Superintendent, he/she shall have ten (10) school days from receipt to approve Superintendent or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent's official designee within five (5) days after receipt of the Step 1 answer. If The Superintendent shall arrange, with the grievance Association representative, for a meeting to take place within five (5) days of the Superintendent 's receipt of the appeal. Within five (5) days of the meeting, the Association shall be denied by provided with the Superintendent's written response, either upon review of including the action of reasons for 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 Associationdecision.
3. LEVEL THREE C. Step 3 - If the decision Association is not satisfied with the disposition of the Superintendent is not satisfactory to the Associationgrievance at Step 2, the grievance may be 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 final binding arbitration. If a demand for arbitration under is not filed within fifteen (15) days of the rules date of the Step 2 answer, then the grievance shall be deemed withdrawn. The demand shall be submitted to the American Arbitration Association, which shall act as the administrator of the proceedings.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Step #1: The ▇▇▇▇▇▇ Education Association designates the Association President or his/her designee as the local agent responsible for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group of teachers, employee or the Association believing that there has been shall submit on a violation shall, standardized grievance form (enclosed with the contract) to the immediate supervisor the listed grievance. Such communication shall take place within ten (10) school 30 days of its the grievant’s knowledge of the alleged occurrenceviolation. The supervisor shall within 10 days of his receipt of the grievance, orally discuss the grievances arrange for a meeting with the building Principal and grievant to take place for a clarification of the grievance. A representative of the Association in may be present. The immediate supervisor shall within 5 days provide the grievant and the Director of Schools a written position on the grievances. Should the grievant not be satisfied with the disposition of the grievance made by his immediate supervisor, he may proceed to Step #2. Step #2: Within 10 days of receiving an attempt to resolve unsatisfactory disposition of his grievance from his immediate supervisor, the employee may arrange a conference with the Director of Schools, which shall be scheduled within 5 days of the Director’s receipt of such request. The immediate supervisor, the grievant, and a representative of the Association, if the grievant requests the presence of a representative, shall attend the conference. Either party may bring witnesses as the sides deem necessary. After hearing the diverse sides, the Director shall within 5 days submit his written reasons for the decision. If the grievant is not satisfied with the Director’s disposition of the matter. If no resolution is obtained within five (5) school days following the discussion, the grievant may proceed to Step #3. Step #3: Within 10 days of receiving an unsatisfactory answer from the Director, the grievant may request a hearing before the Board of Education by informing the Director of this desire. The Board shall express hear the grievance at its next regularly scheduled Board meeting. The board shall respond in writing and process in accordance with Level Two.
2. LEVEL TWO - If within 10 days after the meeting review 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 disapprove the grievancecompleted. If the grievant is not satisfied with the Board’s disposition of his grievance, he may submit said grievance is transmitted directly to advisory arbitration, with Association approval, as provided by the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove itFederal Mediation and Conciliation Service and specifically provided for in Step #4. An Association, or a group grievance may be submitted directly to the Superintendent. Step #4: If the grievance shall be denied by grievant desires to submit his grievances to advisory arbitration, he must do so within 10 days of his receipt of an answer from 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 of the Superintendent is not satisfactory to the Association, the grievance may be 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 AssociationBoard. The arbitrator shall have no power or authority to alteradd to, add to subtract from, change, modify, or subtract from the terms of this Agreement. Both parties agree to be bound by the award alter in any way provisions 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 positionagreement, or unjustly dischargedimpose on any party hereto a limitation or obligation not explicitly provided for in this agreement. Furthermore, the arbitrator will shall have authority no power to reinstate the teacherchange any practice, 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 remedypolicy, 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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.or
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education 1. First Step: An attempt will be made to resolve any grievance in informal, verbal discussion between complainant, accompanied by an Association designates representative if requested by the Association President or complainant, and his/her designee as immediate superior. The Association will be informed by the local agent responsible for processing grievances through Level Threeadministration of the outcome achieved at this step.
12. LEVEL ONE - A teacher– Second Step: If any grievance cannot be resolved informally, grievant(s) will file the grievance in writing with the principal. Within ten (10) days after such written grievance is filed, the aggrieved, representative of the aggrieved as desired, and the principal will meet to resolve the grievance. The written grievance must state the nature of the grievance, note the specific clause or clauses of the Agreement allegedly violated, and state the remedy requested. Any grievance filed by the Association or a group of teachersteachers 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 grievance at the second step must be within twenty-five (25) days from the date of the occurrence of the event giving rise to the grievance, except for grievances pertaining to payroll which must be filed within thirty-five (35) days of the receipt of the initial paycheck involved in the grievance. The principal or other administrator who has authority to make a decision on the Association believing that there 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.
3. Third Step: In the event a grievance has not been a violation shallsatisfactorily resolved at the second step, the grievant(s) will file, within ten (10) school days of its alleged occurrencethe principal’s written decision or answer at the second step, orally discuss a copy of the grievances grievance with the building Principal and the representative of the Association in an attempt to resolve the matterSuperintendent. 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 disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have Within ten (10) school days from receipt after such written grievance is filed, the aggrieved, representative of the aggrieved as desired, the principal and the Superintendent or designee, will meet to approve or disapprove itresolve the grievance. An AssociationThe Superintendent, or a group grievance may be submitted directly to the Superintendent. If the grievance shall be denied by the Superintendentdesignee, either upon review of the action of the school principal or in the first instance, the Superintendent shall will file an answer the grievance in writing and the grievance with the answer shall be transmitted to the Association.
3. LEVEL THREE - If the decision of the Superintendent is not satisfactory to the Association, the grievance may be 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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.ten
Appears in 1 contract
Sources: Professional Negotiations Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates the Association President or his/her designee as the local agent responsible for processing grievances through Level Three.Step 1 - Oral Grievances
1. LEVEL ONE - A To the Superintendent
a. At the option of the tenured teacher– group of teachers, an oral grievance concerning placement on the seniority list, layoff, recall, or compensation may be filed directly with the Association believing that there has been a violation shallSuperintendent. At the option of the probationary teacher, an oral grievance concerning compensation may be filed directly with the Superintendent. Any oral grievance must be filed within ten (10) school days after the occurrence of its the alleged occurrenceviolation unless the grieved matter occurs within the last nine days of school, orally discuss in which case, the grievances grievance must be filed on or before June 30 of the current year. N: 89, 10
b. The Superintendent may remand the grievance to the Building level if he/she deems it appropriate. N: 86
2. To the Building Principal(s) or Director
a. Any teacher shall present an oral grievance to his/her Building Principal or Director within ten (10) 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 building Principal and terms of this agreement. The Association representative shall be given the representative of opportunity to be present at this adjustment. R:75, 80, 86, 10 Step 2 – Written Grievances
1. To the Association Superintendent
a. If the oral grievance to the Superintendent in an attempt 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 resolve the matter. If no resolution is obtained Superintendent within five (5) school days following of the discussion, initial oral grievance meeting. The form shall be signed by the grievant shall express and the Association Representative or officer. The grievance process will proceed at Step 6 below. If the grievance is not filed in writing and process in accordance with Level Two.within those five (5) days, it shall be considered waived. N: 86, R: 10
2. LEVEL TWO - To the Building Principal(s) or Director
a. If the meeting oral grievance is with not resolved at the school principal and the parties cannot agreeoral level, the grievance shall promptly must be transmitted submitted in writing on the Grievance Report Form (Appendix E-1) to the Superintendent who shall have Building Principal or Director within five (5) school days thereafter to approve after presentation of the oral grievance. The Grievance Report Form shall be signed by the grievant and the Association Representative or disapprove the grievanceofficer. If the grievance is transmitted directly to the Superintendentnot filed in writing, he/she shall have ten within those five (105) school days from receipt to approve or disapprove it. An Associationdays, or a group grievance may it shall be submitted directly to the Superintendentconsidered waived. If the grievance shall involves more than one school building, it will 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 filed with the answer shall be transmitted Principal(s). R: 86, 06, 10 Step 3 – Meeting to the Association.
3. LEVEL THREE - If the decision of the Superintendent is not satisfactory to the Association, the grievance may be submitted within twenty Resolve Written Grievance Within five (205) school days to arbitration before an impartial arbitrator selected by after the parties.
a. The arbitrator receipt of the written grievance, the administrator shall be selected by meet with the American Arbitration Association in accord with its rules which shall likewise govern the Arbitration hearing. The Board teacher and Association shall not be permitted Representative or officer in an effort 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 resolve the written mutual consent of both partiesgrievance in Step 2. 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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.R: 10
Appears in 1 contract
Sources: Master Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates An attempt shall first be made to resolve any grievance in informal discussion between the Association President or complainant and his/her designee building principal (or Superintendent if filed directly at Step II). If, however, the informal process fails to satisfy either party, a formal grievance may be processed as follows:
STEP I BUILDING PRINCIPAL If the local agent responsible for processing grievances through Level Threegrievance cannot be resolved informally, a grievance shall be filed in writing with the principal within twenty-five (25) days from the date of the occurrence of the event giving rise to the grievance. The written grievance shall state the nature of the grievance, the specific clause or clauses of the Agreement allegedly violated, misinterpreted or misapplied, and the remedy requested. Within five (5) days of receipt of the grievance, the principal shall schedule a meeting to discuss the matter with the grievant, or representative if the grievant is represented. The principal shall make a decision and communicate it in writing to the grievant(s), the Association, and the Superintendent within ten (10) days after the meeting.
1STEP 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 delivery of the principal’s written decision. LEVEL ONE - A teacher– group of teachers, or the Association believing that there has been a violation The Superintendent shall, within ten (10) school days after receipt of the written appeal, schedule a meeting with the grievant, or representative if the grievant is represented. The Superintendent shall make a decision and communicate it in writing to the grievant, the principal (if applicable) and the Association within ten (10) days of its alleged occurrence, orally discuss the meeting. Class grievances with involving one or more Unit Members from different school buildings or any grievance involving the act of an Administrator above the building Principal and the representative level shall be initially filed at Step II of the Association grievance process.
STEP III BOARD OF EDUCATION If the grievance has not been satisfactorily resolved at Step II, an appeal may be filed in an attempt writing to resolve the matter. If no resolution is obtained Board President within five (5) school days following of delivery of the discussionSuperintendent’s written decision. The grievant, independently, or the Association shall present a written brief to the Board and may file a written request for an 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 oral hearing is granted, the grievant hearing will be conducted by the full Board or by a subcommittee of the Board, as the Board President may designate. Such hearing shall express be held on or before the grievance in writing and process in accordance with Level Two.
2next regularly-scheduled Board meeting. LEVEL TWO - If the meeting is with the school principal and the parties cannot agreeIf, however, the grievance shall promptly be transmitted request for oral hearing is submitted to the Superintendent who shall have Board President less than five (5) school days thereafter prior to approve the next regularly-scheduled Board meeting, any hearing that is granted shall take place on or disapprove before the grievancesecond-next regularly-scheduled Board meeting following the Board President’s receipt of the hearing request. The Board shall make a decision on the grievance 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 is transmitted directly to the Superintendenthas not been satisfactorily resolved at Step III, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance it may be submitted directly to final and binding arbitration through the American Arbitration Association (AAA), 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 the grievance 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 of the Superintendent a demand for arbitration is not satisfactory to the Association, the grievance may be submitted filed within twenty (20) school days of delivery to arbitration before an impartial arbitrator selected by grievant of the parties.
a. The arbitrator Board’s decision, then the grievance shall be selected by deemed withdrawn. At arbitration, neither party to the American Arbitration Association in accord with its rules which shall likewise govern the Arbitration hearing. The Board and Association shall not grievance will be permitted to assert in such arbitration proceeding any ground or to rely on any evidence grounds not previously disclosed raised in the 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 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 arbitration 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 borne equally by the Board and the Association.
c. It is expressly understood that the grievance procedure . Each party to an arbitration proceeding shall be responsible for compensating its own representatives and witnesses. The arbitrator shall not apply to those matters from which statute authorizes specific remedyamend, 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 any step fails to respond in a timely mannermodify, the grievance will be considered denied and may be moved nullify, ignore, or add to the next level. Failure provisions of the grievant Agreement. The arbitrator’s authority shall be strictly limited to meet any time limits will result in deciding only the grievance being considered as withdrawn.
e. In the event a grievance is filed after May 1st of any year and strict adherence issue or issues presented to the time limits may result arbitrator in hardship of any party, writing by the Superintendent shall use his/her best efforts to process such grievance prior to Board and the end Association and the decision rendered must be based solely upon the arbitrator’s interpretation of the school term meaning 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 application of the American Arbitration Associationexpress relevant language of the Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates parties hereto acknowledge that it is usually most desirable for an employee and his/her immediately involved supervisor to resolve problems through free and informal communications held outside the Association President employee's work day. 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 employee or the Union, a grievance may be processed within 30 days of the incident giving rise to the grievance as follows:
A. The grievant may present the grievance in writing listing the desired resolution to the grievance to the immediately involved supervisor who will arrange for a meeting to take place within six (6) days of the receipt of the grievance. The Union’s representative, the grievant, and the immediately involved supervisor shall be present at the meeting. Within six (6) days following the meeting, the grievant and the Union shall be provided with the supervisor's written response including the reason(s) for the decision or the grievant may proceed to the next step.
B. If the grievance is not resolved at step "A", then the grievant may refer the written grievance listing the desired resolution of the grievance to the building principal or his official designee within six (6) days after receipt of the step "A" answer, or within six (6) days after the answer should have been received; the grievance shall be deemed withdrawn where it is not submitted to the building principal within said six (6)- day period. The principal shall arrange with the grievant and the Union representative for a meeting to take place within six (6) days of the principal's receipt of the grievance. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within six (6) days of the meeting, the grievant and the Union shall be provided with the principal's written response, including reason(s) for the decision, or the grievant may proceed to the next step.
C. If the grievance is not resolved at step "B", then the grievant may refer the written grievance listing the desired resolution of the grievance, to the Assistant Superintendent of Human Resources or his/her official designee as within six (6) days after receipt of the local agent responsible for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group of teachersstep "B" answer, or within six (6) days after the Association believing that there has answer should have been a violation shall, within ten (10) school days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative of the Association in an attempt to resolve the matter. 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 disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If received; the grievance shall be denied by deemed withdrawn if it is not submitted to the Superintendent, either upon review Assistant Superintendent of Human Resources within said six (6) day period. The Assistant Superintendent of Human Resources shall arrange with the grievant and the Union representative for a meeting to take place within six (6) days of the action Assistant Superintendent of Human Resources’ receipt of the school principal or grievance. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within six (6) days of the first instancemeeting, the grievant and the Union shall be provided with the Assistant Superintendent shall answer of Human Resources’ written response, including reason(s) for the decision or the grievant may proceed to the next step.
D. If the union or grievant is not satisfied with the disposition of the grievance in writing and the grievance with the answer shall be transmitted to the Association.
3. LEVEL THREE - If the decision of the Superintendent is not satisfactory to the Associationat step "C", the grievance may be submitted within twenty (20) school days to final and binding arbitration before an impartial arbitrator selected by under the parties.
a. The arbitrator shall be selected by Voluntary Labor Arbitration Rules of the American Arbitration Association in accord with its rules Association, which shall likewise govern act as the Arbitration hearingadministrator of the proceedings. The If a demand for arbitration is not filed within thirty (30) days of receipt of the step "C" answer, or within 30 days after the answer should have been received, the grievance shall be deemed withdrawn.
1. Neither the Board and Association nor the Union shall not be permitted to assert in such arbitration proceeding any ground grounds or to rely on any evidence before the arbitrator which was not previously disclosed to the Board and to the Associationother party.
2. The arbitrator shall have no power to alter, add to or subtract from alter 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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.Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Grievances shall be processes as rapidly as possible. All grievance hearings shall be held in closed or executive session. A grievant may initiate the procedure by filing a written statement of grievance, citing the relevant provisions of the Agreement, with the person at the lowest administrative level with authority to decide the grievance. A grievance must be submitted within 30 working days of the date the grievant became aware of the violation. A meeting will be held at a mutually acceptable time to discuss the grievance within five (5) days of the receipt of the written statement. The ▇▇▇▇▇▇ Education Association designates the Association President or immediate supervisor shall respond in writing with reasons for his/her designee as decision within five (5) days of the local agent responsible for processing grievances through meeting. If the grievance is unresolved, the grievance may be appealed to Level Three.
1Two. LEVEL ONE - A teacher– group The written grievance may be advanced to Level Two by certified mail or by email, to the District Superintendent within 15 working days of teachers, or the Association believing that there has been receipt of response of the Level One. The Superintendent shall conduct a violation shall, hearing within ten (10) school days of its alleged occurrencereceipt of the appeal at a mutually agreeable time and place. At this hearing, orally discuss the grievances with Superintendent shall hear facts, evidence, and the building Principal and arguments of the representative of the Association in an attempt to resolve decision-maker and of the mattergrievant. If no resolution the Superintendent is obtained the decision-maker at the hearing, he/she shall present the facts, evidence, and argument supporting the decision made, as well as listening to the presentation of the grievant. A written decision must be made within five (5) school days following from the discussiondate of the hearing. If unresolved, the grievant shall express the grievance in writing and process in accordance with may appeal at Level Two.
2Three. 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 disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group The written grievance may be submitted directly advanced to Level Three by certified mail or by email to the Superintendent. If the grievance shall be denied by the Superintendent, either upon review District requesting arbitration within 15 working days of the action receipt 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 response of the Superintendent is not satisfactory Level Two. The Association or their representative may submit a written grievance by certified mail, where available, or by email to the Association, the grievance may be submitted within twenty (20) school days to arbitration before an impartial arbitrator selected by the parties.
a. arbitration. The arbitrator shall will be selected from the list of arbitrators supplied by the American Arbitration Association in accord with its rules which (AAA). He/she shall likewise govern be selected using 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 procedures of the Board and to the AssociationAAA. 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship of any party, the Superintendent shall use render his/her best efforts written decision within thirty (30) days. Should the arbitrator be unable to process such grievance prior to meet the end of the school term or as soon thereafter as possible. If the grievance is processed to arbitrationthirty (30) day time frame, the parties may submit shall consider extending the grievance to expedited arbitration under the rules of the American time allowed. The Alaska Uniform Arbitration AssociationAct (Chapter 43, Title 9, Alaska Statutes) is incorporated into this article by reference.
Appears in 1 contract
Sources: Negotiated Agreement
Procedures. The ▇▇▇▇▇▇ Education 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 employee, an Association designates representative may accompany the Association President employee to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or his/her designee the Association, a grievance may be processed as follows: ▪ Step I—Within twenty (20) days following the local agent responsible for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group occurrence of teachersthe event giving rise to the grievance, the employee or the Association believing that there has been may present the grievance in writing to the immediate supervisor, who will arrange for a violation shall, meeting to take place within ten (10) school days after receipt of the grievance. The 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 its alleged occurrence, orally discuss the grievances with the building Principal and the representative of the Association in an attempt to resolve the matter. If no resolution is obtained within five (5) school days following the discussionmeeting, the grievant and the Association shall express the grievance in writing and process in accordance with Level Two.
2. LEVEL TWO - If the meeting is be provided with the school principal and immediate supervisor’s written response, including the parties cannot agree, reasons for the grievance shall promptly be transmitted to the Superintendent who shall have five (5) school days thereafter to approve or disapprove the grievancedecision. ▪ Step II—If the grievance is transmitted directly not resolved at Step I, then the Association may refer the grievance to the Superintendent or the Superintendent, he/she shall have ’s official designee within ten (10) school days from after the receipt of the Step I answer. The Superintendent or designee shall arrange with the Association representatives for a meeting to approve or disapprove ittake place within ten (10) days of the Superintendent’s receipt of the appeal. An Association, or a group grievance may be submitted directly Each party shall have the right to include in its representation such witnesses and internal representatives as it deems necessary to develop the facts pertinent to the Superintendentgrievance. Within ten (10) days of the meeting, the 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 American Arbitration Association (“AAA”), which shall act as the administrator of the proceedings. If the grievance 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 of the Superintendent a demand for arbitration is not satisfactory to the Association, the grievance may be submitted filed within twenty (20) school days to arbitration before an impartial arbitrator selected by of the partiesdate for the Step II answer, then the grievance shall be deemed withdrawn.
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 alter the terms of this Agreement nor to amend, modify, nullify, ignore, or add to the provisions of this Agreement. Both parties agree Their authority shall be strictly limited to be bound deciding only the issue or issues presented to them in writing by the award 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 Agreement. 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 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 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. It is expressly understood If either party requests a transcript of the proceedings, that party shall bear the grievance procedure full cost of that transcript. If both parties order a transcript, the cost of the two transcripts shall not apply be divided equally between the parties. If a copy of the transcript shall be furnished to those matters from which statute authorizes specific remedythe arbitrator, the cost of such shall be paid as part of the Tenure Teacher Actcosts for the arbitration proceedings.
d. It is understood that the time limits are maximum and can All claims for back wages shall 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 any step fails to respond in a timely manner, the grievance will be considered denied and may be moved limited to the next level. Failure amount of wages that an employee would have otherwise earned plus interest, less any state unemployment compensation or other salary they may have earned on a replacement job during the grievant to meet any time limits will result in the grievance being considered as withdrawnperiod of back pay.
e. In the event a grievance is filed after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Board and Association designates the Association President or his/her designee as the local agent responsible acknowledge that it is usually most desirable for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group of teachers, or the Association believing that there has been a violation shall, within ten (10) school days of its alleged occurrence, orally discuss the grievances with the building Principal 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 Association grievance. If, however, the informal process fails to satisfy the Employee, a grievance may be processed as follows:
A. Step I - The Grievant may present the grievance in an attempt writing to resolve the matter. If no resolution is obtained supervising principal who will arrange for a meeting to take place 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 disapprove of receiving the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have not received within ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly of the event-giving rise to the Superintendentgrievance or when the grievance could have been reasonably ascertained, it is waived. The Association’s representative, the Grievant, and the Principal will be present for the meeting. Within ten (10) days of the meeting, the Grievant and the Association will receive the Principal’s written response, including the reasons for the response.
B. Step II - If the grievance shall be denied by is not resolved at Step I, then the Superintendent, either upon review Association or Grievant may appeal the grievance to the Superintendent or designee within five (5) days after receipt of the action Step I response or it is waived. The Superintendent or designee will arrange with the Association or Grievant for a meeting to take place within five (5) days of the school principal Superintendent or designee’s receipt of the appeal. Each party will have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) days of the first instancemeeting, the Association or Grievant will receive the Superintendent shall answer or designee’s written response, including the grievance in writing and reasons for the grievance with the answer shall be transmitted to the Associationresponse.
3. LEVEL THREE C. Step III - If the decision Association is not satisfied with the disposition of the Superintendent grievance at Step II, the Association may advance the grievance to final and binding arbitration through the Federal Mediation and Conciliation Service (FMCS) which will act as the administrator of the proceedings. If a demand for arbitration is not satisfactory to filed with the AssociationFMCS within thirty (30) calendar days of the date for Step II response, the grievance may will be 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 deemed withdrawn 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 Associationwaived. The arbitrator shall will have no power to alter, add to alter or subtract from amend 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates School District and the Association President or 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 designee as building administrator within 20 working days of becoming aware of the local agent responsible for processing grievances through Level Threesituation.
1(2) The grievant and building administrator shall attempt to informally resolve the grievance. LEVEL ONE - A teacher– group of teachersIn the event the problem 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 procedures. The parties have 10 working days to resolve the grievance.
(4) In the event the grievance is not resolved thereby, the grievant may, within 10 working days, meet with the superintendent in an effort to resolve the grievance. The parties have 10 working days to resolve the grievance.
(5) In the event 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 parties have 10 working days to resolve the grievance.
(6) In the event the grievant and the School Board are unable to resolve the grievance, the grievant may, within 10 working days, submit the 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 Association believing that there grievance has been a violation shallsubmitted to binding arbitration.
(7) Within 10 working days after the request to arbitrate, within ten (10) school days of its alleged occurrence, orally discuss the grievances with the building Principal grievant and the representative of the Association School Board shall meet in an attempt to resolve the matteragree upon an arbitrator. If no resolution agreement on an arbitrator is obtained reached, either party may, within five (5) school 10 working days, request the Bureau of Mediation Services to submit a panel of arbitrators. Within 10 days following after receipt of the discussionpanel, the grievant parties shall express the grievance in writing and process in accordance with Level Two.
2. LEVEL TWO - If the meeting is with the school principal alternately strike names, and the parties cannot agree, remaining name shall be the grievance shall promptly be transmitted arbitrator to the Superintendent who shall have five (5) school days thereafter to approve or disapprove hear the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may The order of striking will be submitted directly to the Superintendent. If the grievance shall be denied determined 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 of the Superintendent is not satisfactory to the Association, the grievance may be 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 flip 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 Associationcoin.
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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Teacher Master Agreement
Procedures. A. Level 1 - The ▇▇▇▇▇▇ Education Association designates the Association President or his/her designee as the local agent responsible for processing bargaining unit member is encouraged to resolve alleged grievances through Level Three.
1oral settlement. LEVEL ONE - A teacher– group of teachersIf, or however, the Association believing that there has been oral settlement is not satisfactory, a violation shall, grievance may be filed in writing on the Grievance Report Form with the building principal within ten (10) school days of the time of its alleged occurrence, orally discuss the grievances inception. The building principal shall meet with the building Principal and the representative of the Association in an attempt to resolve the matter. If no resolution is obtained grievant within five (5) school days following after receipt of the discussion, the grievant grievance form and shall express reply to the grievance in writing and process in accordance with Level Twowithin three (3) school days of such meeting.
2. LEVEL TWO B. Level 2 - 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 Within five (5) school days thereafter of the receipt of such response a grievant may appeal the decision to approve 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 grievance form. A disposition report (Level 2) by the Superintendent shall be issued within five (5) school days of the meeting.
C. Level 3 - Within five (5) school days of the receipt of the District Superintendent's report a grievant may appeal his decision to the Board of Education. The Board of Education shall set a date, time and place for a hearing on such appeal to be held within 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 disapprove before a committee of the grievanceBoard. The Board shall render a written decision within fifteen (15) school days of such final hearing. The Board may designate a committee or representative to meet with the grievant to discuss such decision. If the grievance grievant has been heard by a committee of the Board, and the grievant is transmitted directly to not satisfied with the Superintendentdecision rendered by the Board, he/she shall have ten the grievant may, within three (103) school days from of the receipt to approve or disapprove it. An Association, or of such decision request a group grievance may be submitted directly to the Superintendent. If the grievance shall be denied by the Superintendent, either upon review of the action of decision (but not a further hearing) by 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.
3entire Board. LEVEL THREE - If the decision of the Superintendent is not satisfactory to the Association, the grievance may be submitted 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 writing to arbitration before an impartial arbitrator selected by the partiesgrievant within that time.
a. D. Level 4 - Within ten (10) school days after the conclusion of Level 3, the Association may, after notice to the 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 Pennsylvania Labor Relations Board shall thereafter control. Both parties will request that the decision of the arbitrator be in writing and set forth his or her findings of fact, reasoning and conclusions on the issues submitted. The decision of the arbitrator shall be binding upon the Board, the NHSEA and the grievant. Each case shall be considered on its merits and the collective bargaining agreement shall constitute the basis on which the decision shall be rendered. 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 without jurisdiction to assert in such arbitration proceeding any ground render an award contrary to law or to rely on add to, modify, vary, change or remove 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 term 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Professional Staff Contract
Procedures. The ▇▇▇▇▇▇ Education 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 designates 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 be processed as follows:
Step #1 The teacher or the Association President may present the grievance in writing to the 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 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 as within six (6) days after receipt of the local agent responsible for processing grievances through Level Three.
1Step #1 answer. LEVEL ONE - A teacher– group of teachers, The Superintendent shall arrange with the grievant or the Association believing that there has been for a violation shall, meeting to take place within ten (10) school days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative Superintendent’s receipt of the Association in an attempt to resolve the matterappeal. 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 Each party shall have five (5) school days thereafter the right to approve or disapprove the grievanceinclude in its representation such witnesses and counselors as it deems necessary. If the grievance is transmitted directly to the Superintendent, he/she shall have Within ten (10) school days from receipt to approve of the meeting, the employee or disapprove it. An Association, or a group grievance may the Association shall be submitted directly to provided with the Superintendent’s written response, including the reasons for the decision. Step #3 If the grievance shall be denied by grievant is not satisfied with the Superintendent, either upon review disposition of the action of the school principal grievance at Step #2 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 of the Superintendent is not satisfactory to the Association, the grievance may be 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 expire without the issuance of the Superintendent’s 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 any step fails to respond in a timely mannerreply, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 Association may submit the grievance to expedited final and binding arbitration. If a demand for arbitration under is not filed within thirty (30) days of the rules of date for the Step #2 answer, then the grievance shall be deemed withdrawn. The arbitration proceeding shall be conducted by an Arbitrator to 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 American Arbitration Association will be requested to provide a panel of seven (7) arbitrators. Each of the two parties will alternately strike one name at a time from the panel until only one shall remain. The remaining name shall be binding on the 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 meaning or application of the express relevant language of the Agreement.
1. 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 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 grievant may withdraw a grievance at any time without prejudice.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1. An attempt may be made to resolve any grievance in an informal verbal discussion between the complainant, the administrator whose actions are being grieved, and the appropriate administrator if s/he deems it appropriate. If requested by the allegedly aggrieved employee, an association representative may participate in this informal discussion.
2. First Step: If a grievance cannot be resolved informally, the aggrieved shall file the grievance, in writing, with the appropriate administrator. The ▇▇▇▇▇▇ Education Association designates written grievance should state the Association President nature of the grievance, should note the specific clause or clauses of this Agreement that have been violated, misinterpreted or misapplied, and should state the remedy requested. Filing of a grievance at the first step must be within ten (10) days from the date of the occurrence of the event giving rise to the grievance or ten (10) days from the time when such event might reasonably have been ascertained to have occurred. Within five (5) days after the appropriate administrator receives the grievance, the appropriate administrator shall discuss the matter with the aggrieved at a mutually agreeable time. The appropriate administrator or other administrator who has authority to make a decision on the grievance shall make such decision and communicate it, in writing, to the employee and the superintendent with five (5) days following the meeting between the appropriate administrator and the aggrieved.
3. Second Step: In the event a grievance has not been satisfactorily resolved at the first step, the aggrieved shall file, within five (5) days of the appropriate administrator’s written decision, a copy of the grievance with the superintendent. Within seven (7) days after the written grievance is filed, the aggrieved, the representative of the aggrieved if desired, the appropriate administrator, and the superintendent or his/her designee as the local agent responsible for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group of teachers, or the Association believing that there has been a violation shall, within ten (10) school days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative of the Association in an attempt shall meet to resolve the mattergrievance. The superintendent or his/her designee shall file an answer within seven (7) days of the second step grievance meeting and communicate it in writing to the employee, the appropriate administrator, and the Association. It is understood that class or general grievances involving one or more employees or one or more administrators and/or grievances involving an administrator above building level may be initially filed by the Association at this second step.
4. Third Step: If no resolution the grievance is obtained not resolved at the second step, the grievance shall be submitted to the secretary of the Board within five (5) school days following of the discussionfiling of the second step answer. The aggrieved, acting independently or through the Association, shall meet with the Board at a time determined by the Board but in no event later than thirty (30) calendar days after the submission of the grievance to the third step. At this meeting between the grievant and the Board, the grievant may present a written brief and/or oral argument and call witnesses as designated in the initial filing of the grievance. The hearing may be conducted by the full Board or by a subcommittee of the Board as the Board may designate. The Board shall express submit its answer within seven (7) days of the grievance in writing and process in accordance with Level Twomeeting.
25. LEVEL TWO - Fourth Step: If the meeting is with Board’s answer does not resolve the school principal and the parties cannot agreegrievance, the grievance Association may file a request for arbitration within thirty (30) calendar days of the receipt of the Board’s answer. Only the Association may request arbitration. It is understood and agreed that grievances involving interpretation and application of provision(s) of this Agreement that have been processed through the preceding steps of this procedure and only such grievances shall promptly be transmitted submitted to arbitration as provided below:
a. The arbitration proceeding shall be conducted by an arbitrator to be selected by the Superintendent who shall have two Parties within five (5) school days thereafter to approve or disapprove after the grievance. If the grievance Association’s request for arbitration is transmitted directly submitted to the Superintendent, he/she shall have ten (10) school days from receipt Board. In the event the Parties are unable to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance shall be denied by the Superintendent, either agree upon review of the action of the school principal or in the first instancean arbitrator, the Superintendent Parties shall answer the grievance in writing and the grievance with the answer shall be transmitted to the Association.
3. LEVEL THREE - If the decision of the Superintendent is not satisfactory to the Association, the grievance may be submitted within twenty (20) school days to arbitration before an impartial arbitrator selected by the parties.
a. The arbitrator shall be selected by immediately jointly request 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 submit a panel of arbitrators pursuant to the Board and to the voluntary labor rules of said Association. .
b. 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 decision of the arbitrator regarding a grievance, on the current contract only, shall be final and agree that judgment thereon may be entered binding on both Parties. Binding arbitration shall mean the hearing and determination of a case in any court of competent jurisdiction where such award does not conflict with or deny controversy by a person chosen by the powers and duties of the Board granted by Legislative ActParties.
b. If any teachers c. Expenses for whom a grievance is sustained the arbitrator’s services and the expenses that are common to both parties to the arbitration 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 borne equally by the Board and the Association.
c. It is expressly understood that the grievance procedure . Each party to an arbitration proceeding shall not apply to those matters from which statute authorizes specific remedy, such as the Tenure Teacher Actbe responsible for compensating its own representatives and witnesses.
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 any step fails to respond The arbitrator, in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship of any party, the Superintendent shall use his/her best efforts to process such grievance prior opinion, shall not amend, modify, nullify, ignore, or add to the end 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 Board and the Association and his/her decision must be based on express relevant language 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 AssociationAgreement.
Appears in 1 contract
Sources: Professional Negotiation Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates Level 1: Principal or immediate supervisor (Informal). An employee with a grievance shall first discuss the Association President grievance with the principal or his/her designee as immediate supervisor, with the local agent responsible for processing grievances through Level Threeobject of resolving the matter informally.
1Level 2: Principal or immediate supervisor (Formal). LEVEL ONE - A teacher– group If the grievance cannot be resolved informally, the grievant may file the grievance in writing, with the building principal or immediate supervisor. The written grievance shall state the nature of teachersthe grievance, the specific provisions of the Agreement allegedly violated, and the relief requested. The filing of the formal, written grievance at level two must be within twenty (20) days from the date of occurrence of the event giving rise to the grievance or from the Association believing that there date when the grievant could reasonably have become aware of such occurrence. The building principal or immediate supervisor shall make a decision on the grievance and communicate it in writing to the employee and the Union within ten (10) 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: In the event a grievance has not been a violation shallsatisfactorily resolved at the second level, the grievant may file, within ten (10) school days of its alleged occurrencethe principal's or immediate supervisor's written decision at the second level, orally discuss a copy of the grievances grievance with the building Principal and the representative Executive Director of the Association in an attempt to resolve the matterHuman Resources or designee. If no resolution Within seven (7) days after such written grievance is obtained within five (5) school days following the discussionfiled, 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 Executive Director of Human Resources or designee shall promptly be transmitted meet to the Superintendent who shall have five (5) school days thereafter to approve or disapprove consider the grievance. The Executive Director of Human Resources or designee shall file an answer within ten (10) days of such meeting and communicate it in writing to the employee and the Union. Level 4: If the grievance is transmitted directly to the Superintendent, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance 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 of the Superintendent is not satisfactory to the Associationresolved satisfactorily at level three, the grievance may be 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 twenty thirty (2030) school days to arbitration before an impartial arbitrator selected by from receipt of the parties.
a. level three answer. The arbitrator shall be selected by the American Arbitration Association 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 least five (5) arbitrators, from which a selection shall be made in accord accordance with its rules which these practices: The Union shall likewise govern request a list of five (5) arbitrators from 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 AssociationPublic Employment Relations Board. The arbitrator shall have no power 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 altereither party's representatives or witnesses, and other expenses incurred by either party in presenting 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 hearing(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 or subtract from the terms provisions of this the Agreement. Both parties agree His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her, and his/her decision must be bound by based solely and only upon his/her interpretation of the award meaning or application of the expressed relevant language of the Agreement. The decision 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, final and binding on 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 Associationparties.
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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates If a teacher or the Association President feels that there is a grievance, the teacher or Association Representative shall first discuss the matter with the principal or other appropriate administrator. The teacher shall have the right to have his/her designee as Association Representative assist him/her in efforts to resolve the local agent responsible for processing grievances through Level Threeproblem informally.
1. LEVEL ONE Level One - A teacher– group School Principal
a. If the grievant is not satisfied with the outcome of teachersthe informal procedure, he/she may, within thirty (30) days following the act or conditions on which the Association believing that there has been grievance is based, present his/her claim as a violation formal grievance to his/her principal or supervisor.
b. The principal or supervisor shall, within ten (10) school days of its alleged occurrencedays, orally discuss the grievances with the building Principal and the representative of the Association in an attempt to resolve the matter. If no resolution is obtained within five (5) school days following the discussion, the grievant shall express the grievance render his/her decision in writing and process in accordance with Level Twoto the grievant.
2. LEVEL TWO Level Two - Superintendent of Schools or Designee
a. If the meeting grievant is not satisfied with the school principal and the parties cannot agree, the disposition of his/her grievance shall promptly be transmitted to the Superintendent who shall have five (5) school days thereafter to approve or disapprove the grievance. If the grievance is transmitted directly to the Superintendentat Level One, he/she shall have may file his/her written grievance with the Superintendent or Designee within ten (10) school days from following receipt to approve of the decision at Level One.
b. The Superintendent or disapprove it. An Designee shall, within ten (10) days after receipt of the referral, meet with the grievant and with a representative of the Association’s Grievance Committee for the purpose of resolving the grievance.
c. The Superintendent or Designee shall, or a group grievance may be submitted directly within ten (10) days after the hearing, render his/her decision in writing to the Superintendentgrievant with a copy to the Association’s Grievance Committee Chairperson.
3. Level Three - Board of Education
a. If the grievant is not satisfied with the disposition of his/her grievance shall be denied by the Superintendentat Level Two, either upon review of the action of the school principal or in the first instance, the Superintendent shall answer the grievance in writing and he/she may file the grievance with the answer Board of Education within ten (10) days following receipt of the Level Two decision.
b. A committee of no less than three members of the Board of Education shall, within ten (10) days after receipt of the appeal, meet with the grievant and with the representatives of the Association for the purpose of reviewing the grievance. The meeting shall be transmitted public or private, at the option of the grievant, to the extent permitted by law.
c. The Board shall, within ten (10) days after such meeting, render its decision in writing to the grievant with a copy to the Association’s Grievance Chairperson.
34. LEVEL THREE - Level Four – Arbitration Individual teachers shall not have the right to process grievances at Level Four. If the decision a satisfactory disposition of the Superintendent grievance is not satisfactory to made as a result of the Associationmeeting provided for in Level Three above, the grievance may be submitted within twenty (20) school days Association shall have the right to arbitration before appeal the dispute to an impartial arbitrator selected by the parties.
a. The arbitrator shall be selected by the American Arbitration Association under and in accord accordance 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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. Such appeal must be taken within twenty (20) days from the date of receipt of the decision following the meeting provided for in Level Three above. Upon filing with the American Arbitration Association, the HEA and the Board may agree to process the case under the Expedited Labor Arbitration Rules.
Appears in 1 contract
Sources: Master Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates parties hereto acknowledge that it is usually most desirable for an Employee and the Association President Employee’s immediately involved supervisor to resolve problems through free and informal communication. If, however, the informal process fails to satisfy the Employee or his/her designee the Association, a grievance may be processed as the local agent responsible for processing grievances through Level Three.follows:
Step 1. LEVEL ONE - A teacher– group of teachers, The Employee or the Association believing that there has shall present the grievance to the immediately involved supervisor within twenty (20) days of the occurrence of the grievance or within twenty (20) days of when such occurrence might reasonably have been ascertained. The grievance shall be in writing, setting forth the nature of the occurrence, the specific provisions of the Agreement claimed to have been violated and the remedy requested. The Superintendent shall designate an immediate supervisor(s) for each Employee classification. The Superintendent’s designee shall arrange for a violation shallmeeting to take place within seven (7) days
Step 2. If the grievance is not resolved at Step 1, then the Employee or the Association may refer the grievance to the Superintendent or designee within ten (10) school days after receipt of its alleged occurrence, orally discuss the grievances Step 1 answer. The Superintendent or designee shall arrange with the building Principal and the Association representative for a meeting to take place within seven (7) days after receipt of the Association in an attempt to resolve the matterappeal. 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 disapprove the grievance. If the grievance is transmitted directly to the Superintendent, he/she shall have Within ten (10) school days from receipt to approve after such meeting, the Employee and the Association shall be provided with the written response of the Superintendent or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendentdesignee.
Step 3. If the Association is not satisfied with the disposition of the grievance at Step 2, the Association may submit the grievance to final and binding arbitration. The American Arbitration Association shall act as administrator of the proceedings. If a demand for arbitration is not filed within thirty (30) days of the date on which the Step 2 answer was due, then the grievance shall be denied by deemed withdrawn. Neither the Superintendent, either upon review of Board nor 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 of the Superintendent is not satisfactory to the Association, the grievance may be 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 grounds or to rely on any evidence before the Arbitrator which was 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 Actother party.
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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. Step 1 - The ▇▇▇▇▇▇ Education Association designates Assistant or Union shall present the Association President or hisgrievance in writing to the immediate supervisor who will arrange for a meeting to take place within five (5) days after receipt of the grievance. The Union's representative, if any, the grievant and her/her designee as his immediate supervisor shall be present for the local agent responsible for processing grievances through Level Three.
1meeting. LEVEL ONE - A teacher– group of teachers, or The supervisor shall provide to the Association believing that there has been grievant and to the Union a violation shall, written response to the grievance within ten (10) school days of its alleged occurrenceafter the meeting, orally discuss including the grievances reason(s) for the decision.
Step 2 - If the grievance is not resolved at Step 1, the grievant shall refer the grievance to the Superintendent/designee to issue a decision within ten (10) days after the Step 1 meeting. The Superintendent/designee shall arrange for a meeting with the building Principal grievant, the Union, the grievant’s supervisor and the representative of the Association in an attempt Superintendent/designee, to resolve the matter. If no resolution is obtained take place within five (5) school days following of her/his receipt of the discussionappeal. Each party shall have the right to call such witnesses it deems necessary to develop facts pertinent to the grievance. Upon conclusion of the hearing, 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 Superintendent/designee shall have five (5) school days thereafter in which to approve or disapprove provide her/his written decision, including the grievance. reason(s) for the decision.
Step 3 - If the grievance is transmitted directly not resolved at Step 2, the grievant or the Union shall refer the grievance to the SuperintendentBoard within fifteen (15) days after receipt of the decision at Step 2. The Board shall arrange for a meeting to take place with the grievant and the representative of the Union, he/she if any; it should be within fifteen (15) days of receipt of the appeal. Each party shall have the right to call such witnesses as it deems necessary to develop facts pertinent to the grievance. Upon conclusion of the hearing, the President of the Board shall have ten (10) school days from receipt to approve provide the Board's written decision, including reason(s) for the decision.
Step 4 - If the Union is not satisfied with the disposition of the grievance at Step 3, or disapprove it. An the time limits expire without the issuance of the Board President'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, or a group grievance may be submitted directly to which shall act as the Superintendentadministrator of the proceedings. If a demand for arbitration is not filed within fifteen (15) days of the date for the Step 3 response, then the grievance 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 deemed withdrawn. Neither party to the grievance in writing and the grievance with the answer shall be transmitted to the Association.
3. LEVEL THREE - If the decision of the Superintendent is not satisfactory to the Association, the grievance may be 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 will be permitted to assert in such arbitration proceeding any ground grounds or to rely on any present evidence not previously disclosed to asserted or presented before the Board and to the AssociationSuperintendent.
1. The arbitrator shall have no power to alter, add to or subtract from alter the terms of this Agreement.
2. Both parties agree The arbitrator is empowered to include in any award such financial reimbursements or other remedies judged to be bound proper, if provided for by the award terms of this Agreement, plus interest, if any.
3. Each party shall bear the full costs for its representation in the arbitration. The cost of the arbitrator arbitration and agree that judgment thereon may the AAA shall be entered in any court of competent jurisdiction where such award does not conflict with or deny divided equally between the powers and duties parties.
4. If either party requests a transcript of the Board granted by Legislative Act.
b. proceedings, that party shall bear the full costs for that transcript. If any teachers for whom either party or the arbitrator requires a grievance is sustained transcript, the cost of the transcript shall be found to have been improperly reprimanded or improperly deprived of a position, or unjustly discharged, divided equally between 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 Associationparties.
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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. Step 1 - The ▇▇▇▇▇▇ Education teacher or Association designates may present the grievance in writing to the immediately involved supervisor who will arrange for a meeting to take place within five (5) days after receipt of the grievance. The Association's representative, if any, the aggrieved teacher and the immediately involved supervisor shall be present for the meeting. The supervisor shall provide to the aggrieved teacher and the Association President or his/her designee as a written answer to the local agent responsible for processing grievances through Level Three.
1. LEVEL ONE - A teacher– group of teachers, or the Association believing that there has been a violation shall, grievance within ten (10) school days after the meeting. The answer shall include the reasons for the decision.
Step 2 - If the grievance is not resolved at Step 1, the grievant shall refer the grievance to the Superintendent or official designee who shall have the authority on behalf of its alleged occurrencethe Superintendent to issue a decision on the grievance within fifteen (15) days after the receipt of the Step 1 answer or within ten (10) days after the Step 1 meeting, orally discuss the grievances whichever is later. The Superintendent or designee shall arrange for a meeting with the building Principal and grievant, the representative designated members of the Association in an attempt Grievance Committee of the Association, and, at the option of the Superintendent or designee, the supervisor, to resolve the matter. If no resolution is obtained take place within five (5) school days following of his/her receipt of the discussionappeal. Each party shall have the right to call such witnesses it deems necessary to develop facts pertinent to the grievance and the right to representation as provided in Section 10 above. Upon conclusion of the hearing, 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 or designee shall have five (5) school days thereafter in which to approve provide his or disapprove her written decision with reasons to the grievance. grievant and the Association.
Step 3 - If the grievance is transmitted directly not resolved at Step 2, the grievant or the Association shall refer the grievance to the SuperintendentBoard within fifteen (15) days after receipt of the decision at Step 2. The Board shall arrange for a meeting to take place with the grievant and the representative of the Association, he/she if any; it should be within seven (7) days of receipt of the appeal. Each party shall have the right to call such witnesses as it deems necessary to develop facts pertinent to the grievance and the right to representation as provided in Section 10. Upon conclusion of the hearing, the President of the Board shall have ten (10) school days from receipt in which to approve or disapprove it. An Association, or a group grievance may be submitted directly provide the Board's written decision with reasons to the Superintendent. If the grievance 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 grievant and the grievance with the answer shall be transmitted to the Association.
3. LEVEL THREE Step 4 - If the decision Association is not satisfied with the disposition of the Superintendent is not satisfactory to grievance at Step 3, or the Associationtime limits expire without the issuance of the Board President's written reply, the Association may submit the grievance may be submitted within twenty (20) school days to final and binding arbitration before an impartial arbitrator selected by under the parties.Voluntary Labor Arbitration Rules of the
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 Association1. The arbitrator shall have no power to alter, add to or subtract from alter the terms of this Agreement.
2. Both parties agree The arbitrator is empowered to include in any award such financial reimbursements or other remedies he judges to be bound proper, if provided for by the award terms of this Agreement, plus interest, if any.
3. Each party shall bear the full costs for its representation in the arbitration. The cost of the arbitrator arbitration and agree that judgment thereon may the AAA shall be entered in any court of competent jurisdiction where such award does not conflict with or deny divided equally between the powers and duties parties.
4. If either party requests a transcript of the Board granted by Legislative Act.
b. proceedings, that party shall bear the full costs for that transcript. If any teachers for whom both parties or the arbitrator requires a grievance is sustained transcript, the cost of the transcripts shall be found to have been improperly reprimanded or improperly deprived of a position, or unjustly discharged, divided equally between 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 Associationparties.
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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Professional Agreement
Procedures. 7.3.1 The ▇▇▇▇▇▇ Education Association designates number of days indicated at each level of this procedure shall be considered maximum and every effort shall be made to expedite the Association President or his/her designee as the local agent responsible for processing grievances through Level Threeprocess.
1. LEVEL ONE - A teacher– group of teachers, or the Association believing that there has been a violation shall, within ten (10) school days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative of the Association in an attempt to resolve the matter. If no resolution is obtained within five (5) school days following the discussion, the grievant 7.3.2 Grievance proceedings shall express the grievance in writing and process not be conducted in accordance with Level Twothe rules of civil procedure.
2. LEVEL TWO - 7.3.3 If the meeting is College fails to comply in writing or with its time limit requirements as set forth under any of the school principal and the parties cannot agreeprocedure steps, the grievance shall promptly be transmitted considered automatically appealed to the Superintendent who shall have five (5) school days thereafter to approve or disapprove next level of the grievance. procedure.
7.3.4 If the grievance is transmitted directly grievant fails to comply with the Superintendentgrievant’s time limit requirements, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Associationas set forth under any of the procedure’s steps, or a group grievance may be submitted directly to the Superintendent. If the grievance shall be denied by considered null and void.
7.3.5 The time limits set forth herein may be extended provided the Superintendent, either extension has been mutually agreed 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 of the Superintendent is not satisfactory to the Association, the grievance may be 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 7.3.6 A grievance shall not be permitted to assert 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 such arbitration proceeding this procedure.
7.3.8 A grievant may be accompanied and represented by one Union representative and the charged-party may be represented by a person of the charged-party’s choice at any ground hearing or to rely on any evidence not previously disclosed to meeting conducted under this procedure.
7.3.9 An employee, acting individually, may present a grievance without the Board and to intervention of the AssociationUnion, provided the grievance has been processed in accordance with this procedure. The arbitrator grievant shall have no power be responsible for notifying the Union in writing that a grievance is being filed. At any hearing or meeting related to altera grievance brought individually by an employee, add the Union shall be notified by the grievant of the hearing in advance and afforded the opportunity to or subtract from be present and make its views known. Any adjustment made shall be consistent with the terms provisions of this Agreement.
7.3.10 All documents related to a grievance shall be maintained in a separate grievance file. 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 This provision does not conflict with or deny include disciplinary actions and/or documents that are the powers and duties subject of the Board granted by Legislative Acta grievance.
b. If any teachers for whom a grievance is sustained 7.3.11 Grievances shall be found to have been improperly reprimanded processed at times other than during an employee’s scheduled class time or improperly deprived of times when there is a position, school 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 department meeting or an Academic Affairs or College-wide meeting where attendance is mandatory.
7.3.12 All decisions shall be shared equally by the Board and the Association.
c. It is expressly understood that submitted in writing at each step of the grievance procedure and the decision shall not apply be submitted to those matters from which statute authorizes specific remedy, such as both the Tenure Teacher Actgrievant and the Union.
d. It 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 a grievant or the Union violates this provision, this action will be a waiver by the grievant or Union of any confidentiality right the grievant may have that is understood that related to the grievance.
7.3.15 The parties to a grievance may mutually agree to toll the procedure’s time limits are maximum and can be extended in accordance 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 any step fails to respond in a timely manner, 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 withdrawnsub-paragraph 7.
e. In the event a grievance is filed after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. Informal (Pre-Grievance Meetings Process) - An attempt shall be made to resolve any grievance using an informal process. The ▇▇▇▇▇▇ Education 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 reach a resolution. This process will include the complainant and the administrator with direct responsibility to the incident, and upon request, Association designates the Association President or his/her designee as the local agent responsible for processing grievances through Level Threerepresentatives and/or other District Administrators.
1. LEVEL ONE Step I - A teacher– group In the event the grievance is not resolved through the informal process, the grievant shall file a formal grievance in writing with his/her immediate supervisor, and/or the Administrator with direct responsibility. The written grievance shall note the specific clause or clauses of teachersthe Agreement allegedly violated and should state the remedy requested. The grievance must be filed within 45 calendar days from the date 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 make such decision and communicate it in writing to the teacher, Superintendent, Associate Superintendent for Human Resources/Professional Learning, and the Association believing that there has been a violation shall, within ten (10) school working days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative from receipt of the Association in an attempt to resolve written grievance. The response shall include the matterreasons for the decision.
2. Step II – If no resolution the grievance is obtained within five (5) school days following the discussionnot resolved at Step I, the grievant shall express file within ten (10) working days of the Step I response, a copy of the grievance in writing with the Superintendent and process in accordance the Associate Superintendent for Human Resources/ Professional Learning who shall hold a meeting with Level Twothe 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. This answer shall include the reasons for the decision.
23. LEVEL TWO Step III - If In the meeting is event a grievance has not been satisfactorily resolved at the second step, the grievant shall file within ten (10) working days of the supervisor's written decision and reason(s) at the second step, a copy of the Grievance with the school principal Superintendent. Within ten (10) working days after such written grievance is filed, the Superintendent, or designee, shall hold a meeting with the grievant and the parties cannot agree, the grievance shall promptly be transmitted to the Superintendent who Association representative. Each party shall have five (5) school days thereafter the right to approve or disapprove include in its representation such witnesses and counselors as it deems necessary to develop facts pertinent to the grievance. If Upon conclusion of the grievance is transmitted directly to hearing, the Superintendent, he/she Superintendent shall have ten (10) school working days from receipt in which to approve or disapprove it. An Associationprovide the written decision, or a group grievance may be submitted directly with reasons, to the Superintendent. If the grievance 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 of the Superintendent is not satisfactory to the Association, the grievance may be 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 grievant 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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates 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 Association President or his/her designee as employee, a Union representative may accompany the local agent responsible for processing grievances through Level Three.
1employee to assist in the informal resolution of the grievance. LEVEL ONE - A teacher– group of teachersIf, however, the informal process fails to satisfy the Teacher or the Association believing that there has been Union, a violation shallgrievance may be processed as follows:
A. The Teacher or the Union may present the grievance in writing, within ten (10) school days of its the date of the event giving rise to the grievance, to the immediately involved supervisor, which grievance shall state the article, section and clause of this Agreement alleged occurrenceto be violated, orally discuss misrepresented or misapplied, and which grievance shall further state the grievances remedy which is sought. Within five (5) days after the receipt of the grievance, the immediately involved supervisor will arrange for a meeting to take place. The Union’s representative shall be present for the meeting. Within five (5) days of the meeting, the grievant and the Union shall be provided with the building Principal and Supervisor’s written response.
B. If the grievance is not resolved in step 4.2A, then the Union may refer the grievance to the Superintendent or his officially designated representative of the Association in an attempt to resolve the matter. If no resolution is obtained within five (5) school days following after the discussionreceipt of the Step 4.2A answer or within ten (10) days of the Step 4.2A meeting, the grievant whichever is later. The Superintendent shall express the grievance in writing and process in accordance with Level Two.
2. LEVEL TWO - If the meeting is arrange with the school principal and the parties cannot agree, the grievance shall promptly be transmitted Union for a meeting to the Superintendent who shall have take place within five (5) school days thereafter of the Superintendent’s receipt of the appeal. Each party shall have the right to approve include in its representation such witnesses and counsel as it deems necessary. Within five (5) days of the meeting, the Union shall be provided with the Superintendent’s written response.
C. If the Union is still not satisfied with the disposition of the grievance at Step 4.2B or disapprove the grievancetime 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 arbitration is not filed within thirty (30) days for the grievance is transmitted directly to the Superintendent4.2B answer, he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If then the grievance 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 Associationdeemed withdrawn.
3. LEVEL THREE - If the decision of the Superintendent is not satisfactory to the Association, the grievance may be 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 hearing1. The Board and Association Union shall not be permitted to assert in such arbitration proceeding any ground grounds or to rely on any evidence before the Arbitrator which were not previously disclosed to the immediately involved supervisor and the Superintendent. Similarly, neither the Board and nor its Superintendent shall be permitted to assert any grounds or evidence before the Arbitrator which were not previously disclosed to the Association.
2. The arbitrator Arbitrator shall have no power to alter, add to or subtract from alter the terms of this Agreement.
3. Both parties agree to be bound by Each party will pay its own costs of representation and the award cost of a transcript 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 arbitration proceedings, if requested.
4. The cost of the Board granted by Legislative Act.
b. If any teachers for whom a grievance American Arbitration Association 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 Associationparties.
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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The ▇▇▇▇▇▇ Education Association designates the Association President or his/her designee as the local agent responsible for processing grievances Step #1 - Every reasonable effort shall be made to resolve any potential grievance through Level Three.
1. LEVEL ONE - A teacher– group of teachers, or the Association believing that there has been a violation shall, within ten (10) school days of its alleged occurrence, orally discuss the grievances informal discussion with the building Principal and the representative of the Association immediate supervisor and/or· administrator whose determination or conduct is in an attempt to question. If such informal discussion shall not resolve the matterissue and a formal grievance shall thereafter be filed, such discussion including any effo1ts to compromise the issue shall be treated in a confidential manner. Step #2 - If no resolution is obtained within five (5) school days following the discussiongrievance cannot be resolved informally, the grievant shall express aggrieved may file the grievance in writing and process in accordance with Level Two.
2his/her principal. LEVEL TWO The Step #3 - If In the meeting is 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 school Superintendent. Within seven (7) days after such written grievance is filed, the aggrieved, representative of the aggrieved as desired, the principal and the parties cannot agreeSuperintendent or his designee, the grievance shall promptly be transmitted meet to the Superintendent who shall have five (5) school days thereafter to approve or disapprove resolve the grievance. The Step #4 - If the grievance is transmitted directly not resolved satisfactorily, the Association may refer the grievance to arbitration by giving written notice to the Superintendent, he/she shall have ten Superintendent within fifteen (1015) school days from receipt to approve or disapprove it. An Association, or a group grievance may be submitted directly to the Superintendent. If the grievance 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.
3Step #3 answer. LEVEL THREE - If the decision of the Superintendent is not satisfactory to the Association, the grievance may be submitted within twenty (20) school days to arbitration before an impartial arbitrator selected by the parties.
a. The arbitrator shall be selected by from panel(s) to be secured from the American Arbitration Association in accord with its rules which shall likewise govern act as administrator of the Arbitration hearingproceedings. 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 parties may by mutual agreement submit more than one grievance to the Board and to the Associationsame arbitrator. The arbitrator shall have no power right or authority to alteramend, modify, nullify, ignore, add to to, or subtract from the terms provisions of this agreement. The arbitrator's decision must be based solely upon his/her interpretation of the meaning or application of the express relevant provision 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 The arbitrator's decision 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 Associationbinding.
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 any step fails to respond in a timely manner, 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 after May 1st of any year and strict adherence to the time limits may result in hardship 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.
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Sources: Collective Bargaining Agreement