Procedures. Under this Section, grievances will be processed in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays." Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor within fourteen (14) days of the date of the action or condition giving rise to the grievance. If the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain: a. Identity and title of the employee; b. Declaration or waiver of Union representation; c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based; d. A description of the grievance; and e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure. Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision. Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. Under this SectionThe parties hereto acknowledge that it is incumbent upon the ParaEducator and his/her immediate supervisor to resolve problems through free and informal communications. When requested by the ParaEducator, grievances will an Association representative may accompany the ParaEducator in order to assist in the informal resolution of the grievance. Nothing contained herein shall be processed in accordance construed as limiting the right 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 following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation terms of this Agreement, law, rule, .
1. Level One The formal grievance procedure begins when the ParaEducator or regulation, that employee shall submit the Association presents the grievance in writing to their immediate supervisor the Division Chair. The grievance statement must specify the nature of the grievance, section of this Agreement which has been violated, and the remedy sought. Such grievance shall be submitted within fourteen twenty (1420) days of the date occurrence or knowledge of the action or condition event giving rise to the grievance. If the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is The supervisor shall arrange for a grievance and must contain:
a. Identity and title meeting to take place within five (5) days after receipt of the employee;
b. Declaration grievance statement. The grievant, Association representative or waiver immediate supervisor may invite the person or persons of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of his/her choice to meet with the supervisor to help settle the grievance; and
e. The corrective action desired. The supervisor shall give provide a written answer to the grievance together with the supporting reasons therefore. Copies shall be given to the grievant, the Association and to the Superintendent within three (3) days after the meeting.
2. Level Two If the grievance is not resolved at Level One, or if no decision has been rendered within fourteen three (143) 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. Since The Principal (or his/her designee) shall thereafter schedule a meeting with the supervisor is a member of the bargaining unitgrievant, the decision may be modified Association, the supervisor, and the person or persons chosen by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must grievant within fourteen five (145) days of receipt of the grievance. Within three (3) days after such meeting, the Principal shall issue a written decision, including the reasons upon which the decision was based, with copies furnished to the grievant, the Association, and the immediate supervisor.
3. Level Three If the Principal's (or his/her designee’s) response does not resolve the grievance, the grievant shall have five (5) school days in Step 1which to appeal in writing to the Superintendent. This appeal shall include copies of all written documents exchanged to the point of the Level Three appeal and a written statement of rationale as to why the Principal's response does not constitute resolution. The Superintendent shall have five (5) school days to schedule a meeting between the grievant and his/her Association representative and the Superintendent (or his/her designee). The Superintendent (or his/her designee) shall have ten (10) school days after the meeting to respond in writing.
4. Level Four Should the grievance still not be resolved at Level Three, the grievant shall have five (5) school days from delivery of the Superintendent's (or his/her designee’s) written response to appeal to the Board. This appeal shall be 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, 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 hearing or within five (5) school days of the next scheduled Board meeting following the hearing, whichever is later, the Board (or its designee(s)) shall respond in writing to the grievant and Association.
5. Level Five In the event the grievance is not resolved, the Association may, on behalf of the grievant, within fifteen (15) school days, submit the grievance in writing to binding arbitration through the Commanding Officer/MasterAmerican Arbitration Association (AAA). This written grievance must include The arbitrator shall rule only on the same information as is required in Step 1 plus a chronological account alleged violation and shall have no power to alter the terms and/or conditions of discussions with this Agreement or the supervisorworking conditions of ParaEducators covered by this Agreement. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision Each party shall bear 50% of the grievance. Within fourteen (14) days after receipt full cost of arbitration, except that each party shall bear full cost for any transcripts of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decisionproceeding it requests.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Negotiated Agreement
Procedures. Under this SectionThe parties hereto acknowledge that it is usually most desirable for an employee and the employee's immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, grievances will a local association member may accompany the employee to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the Association, a grievance may be processed in accordance with the following procedure. Throughout this as follows:
3.2.1 Step I - The grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the grievance must be presented in writing to their immediate supervisor the immediately involved supervisor, within fourteen ten (1410) working days of the date of the action or condition event giving rise to the grievance. If , who will arrange for a meeting to take place within five (5) working days after the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description receipt of the grievance; and
e. The corrective action desired. The Association's representative (optional), the grievant, and the immediately involved supervisor shall give a written decision within fourteen be present for the meeting. Within five (145) days. Since the supervisor is a member working days of the bargaining unitmeeting, the decision may grievant and the Association shall be modified by provided with the Employer at subsequent steps in supervisor's written response, including the reason(s) for the decision.
3.2.2 Step II - If the grievance procedureis 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, the Association shall be provided with the Superintendent's written response, including the reason(s) for the decision.
3.2.3 Step 2. III - If the employee Association is not satisfied with the decision disposition of the supervisor and elects to pursue the grievance furtherat Step II, the employee must within fourteen (14) days of receipt of the decision in Step 1, Association may submit the grievance in writing to the Commanding Officer/MasterPanhandle Community Unit District #2 Board of Education. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO The Board will inform the ship's Union delegate that a grievance has been received and invite the delegate have ten (10) calendar days to be present during adjustment decision of resolve the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision.
3.2.4 Step 3. IV - If the employee Association is not satisfied with the adjudication in Step 2 and elects to pursue disposition of the grievance furtherat Step III, within fourteen (14) days of receipt the Association may submit the grievance to final and binding arbitration under the Voluntary Labor Arbitration Rules of the decision in Step 2American Arbitration Association. The parties may use AAA, FMCS, or a mutual selection to determine an arbitrator. If a demand for arbitration is not later than fourteen filed within thirty (1430) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) 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 receipt of Education nor the grievance, Association shall be permitted to assert any grounds or evidence before the CO of arbitrator which has not previously been disclosed to the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receiptother party.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. Under this SectionThe parties acknowledge that a teacher and an Administrator may resolve problems through free and informal communications. The informal disposition of problems in no way prohibits the Association from filing a grievance nor does it establish a precedent. However, grievances will a grievance shall be processed as follows:
Step I. The grievant shall present the grievance in accordance writing, signed, dated and specifying the remedy sought to the immediately involved administrator within ten (10) days of the occurrence, or date the grievant had knowledge of the occurrence, whichever is later, stating the Article and Section of the Agreement alleged to have been violated. The administrator will arrange for a meeting to take place within ten (10) days of receipt to the grievance. The Association's representative, the grievant, and the immediately involved administrator shall be present for the meeting. Within ten (10) days of the meeting, the grievant and the Association shall be provided with the following procedure. Throughout this grievance procedure "days" is defined as "workdaysAdministrator's written response, including the reasons for the decision."
Step 1II. Whenever an employee considers themselves aggrieved over If the grievance is not resolved at Step I, then the Association shall refer the grievance to the Superintendent or the Superintendent's official designee within ten (10) days after receipt of the Step I answer. The Superintendent shall arrange with the Association's representative for a matter arising over meeting to take place within ten (10) days of the application or interpretation Superintendent's receipt of this Agreementthe appeal. Within ten (10) days of the meeting, lawthe Association shall be provided with the Superintendent's written response, ruleincluding the reasons for the decision.
Step III. If the Association is not satisfied with the disposition of the grievance at Step II, or regulation, that employee shall the Association may submit the grievance in writing to their immediate supervisor binding arbitration with the American Arbitration Association, which shall act as the Administrator of the proceedings. If a demand for arbitration is not filed with the Board within fourteen thirty (1430) days of the date of the action Step II answer, then the grievance shall be deemed withdrawn.
a. Neither the Board nor the grievant shall be permitted to assert any grounds or condition giving rise evidence before the arbitrator, which was not previously disclosed to the grievance. If the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;other party.
b. Declaration or waiver The arbitrator shall have no power to alter the terms of Union representation;this agreement.
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of Each party shall bear the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps full costs for its representation in the grievance procedure.
Step 2d. The fees and the expenses of the arbitrator shall be shared equally by the parties.
e. If only one party requests the presence of a court reporter, that party shall bear the cost of the reporter. If both parties request a court reporter, they shall share the employee is not satisfied with costs.
f. If only one party requests the decision postponement of an arbitration hearing, that party shall bear the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days cost of receipt of the decision in Step 1, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decisionsuch postponement.
Step 3IV. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, The arbitrator's decision within fourteen thirty (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (1430) days of the date of receipt his written decision with the findings of fact and conclusions of law may be appealed to the grievance, the CO Circuit Court of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receiptClinton County.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. Under this Section, grievances will A grievance shall be processed handled in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."manner:
9.2.1 Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor within fourteen One: Within twenty (1420) days of the date of the action act or condition giving omission which gave rise to the grievance. If , or within twenty (20) days from the employee choosesdate the grievant knew or reasonably should have known of the act or omission, the employee may be accompanied 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 ship’s Union delegate when at sea alleged violation, misinterpretation, or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection misapplication of this Agreement, or law, rule, or regulation on which .
9.2.2 Step Two: If the grievance is based;
d. A description of not resolved at Step One to the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unitgrievant’s satisfaction, the decision grievant may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit present the grievance in writing to the Commanding Officer/Masterimmediate supervisor within five (5) days after expiration of the time period specified in Step One. This The written grievance must shall include the same information as 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 required in Step 1 plus a chronological account of discussions based, and desired remedy. The immediate supervisor shall provide the grievant with the supervisor. When a written response within ten (10) days after receipt of a timely submitted written grievance. At Step Two of the grievance from an employee is received by the Commanding Officer/Masterprocedure, the CO will inform grievant may elect in writing to represent himself/herself rather than have the ship's Union delegate that a Association provide representation.
9.2.3 Step Three: If the grievance has been received is not resolved to the grievant’s satisfaction at Step Two, the grievant may submit the written grievance and invite immediate supervisor’s response, if any, to the delegate to be present during adjustment decision of the grievance. Within fourteen District Superintendent within five (145) days after receipt of the employee's immediate supervisor’s written grievanceresponse 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 Commanding OfficerSuperintendent or his/Master her designee will adjudicate meet with the grievance and will inform grievant in an attempt to resolve the employee orally and in writing of grievance. Within ten (10) days after the decisionmeeting, the Superintendent shall provide the grievant with a written response to the grievance.
9.2.4 Step 3. Four: Mediation
9.2.4.1 If the employee grievant is not satisfied with the adjudication in disposition of the grievance, or if no disposition has occurred pursuant to the provisions of Step 2 and elects to pursue Four, the grievance further, may be referred to grievance mediation within fourteen ten (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (1410) days of the date of receipt 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 assist the parties in the resolution of the grievance.
9.2.4.3 The mediator, shall meet with the grievant, the CO Association and the District for the purpose of resolving the grievance.
9.2.4.4 If an agreement is reached, the agreement shall be reduced to writing and shall be signed by the grievant, the Association and the District. This agreement shall be non-precedential and shall constitute a settlement of the Marine Center shall inform the employee in writing of the decision. grievance.
9.2.4.5 If an agreement is not satisfiedreached, the employee may notify the Union Association and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receiptDistrict proceed to Step Five.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. Under this Section, grievances will be processed in accordance with the following procedure. Throughout this grievance procedure "days" The parties acknowledge that it is defined as "workdays."
Step 1. Whenever usually most desirable for an employee considers themselves aggrieved over and the employee’s immediate supervisor to resolve problems through informal and free communications. If, however, the informal process fails to satisfy the employee, a matter arising over grievant may be accompanied by a representative of choice: Step One The employee or the application or interpretation of this Agreement, law, rule, or regulation, that employee Union shall submit 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 their immediate 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 fourteen five (145) days of the date of meeting. Step Two In the action or condition giving rise event a grievance has not been satisfactorily resolved at Step One, the grievant may present the grievance within ten (10) days to the grievanceSuperintendent, who will follow the same provisions as established in Step One. Step Three If the employee choosesgrievance is not satisfactorily resolved at Step Two, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Articlegrievant shall file, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen ten (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (1410) days of receipt of the Superintendent’s decision in at Step 1Two, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions request for a hearing with the supervisorBoard. When a written grievance from an employee is received by The Board shall meet with the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen grievant within fifteen (1415) days after receipt of the employee's written grievancerequest 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 Superintendent. Step Four If the grievance is not satisfactorily resolved at Step Three, the Commanding Officer/Master will adjudicate grievance shall proceed to binding arbitration. The Union shall submit to the grievance and will inform the employee orally and in writing Superintendent a written request on behalf of the decision.
Step 3Union and the grievant to enter into binding arbitration. If the employee a demand for binding arbitration is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, filed within fourteen twenty (1420) days of receipt of the decision in Step 2Three decision, or not later than fourteen (14) days after return to home port, submit then the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished deemed withdrawn. Arbitration proceedings shall be conducted by an arbitrator to be selected by the Commanding Officer/Master who has previously adjudicated two parties from a roster of arbitrators provided by the grievanceAmerican Arbitration Association. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction 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 date 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 receiptthe 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. Under this SectionThe parties acknowledge that a Teacher and an Administrator may resolve problems through free and informal communications. The informal disposition of problems in no way prohibits the Association from filing a grievance nor does it establish a precedent. However, grievances will a grievance shall be processed in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."follows:
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee 3.2.1 STEP I - The grievant shall submit present the grievance in writing writing, signed, dated and specifying the remedy sought, to their immediate supervisor the immediately involved administrator within fourteen ten (1410) days of the date occurrence, stating the Article and Section of the action or condition giving rise 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 immediately involved administrator shall be present for the meeting. Within ten (10) days of the meeting, the grievant and the Association shall be provided with the administrator’s written response, including the reasons for the decision.
3.2.2 STEP II - If the employee choosesgrievance is not resolved at STEP I, then the Association shall refer the grievance to the Superintendent’s official designee within ten (10) days after receipt of the STEP I answer. The Superintendent shall arrange with the Association representative for a meeting to take place within (10) days of the Superintendent’s receipt of the appeal. Within ten (10) days of the meeting, the employee may Association shall be accompanied by provided with the shipSuperintendent’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title receipt of the employee;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.
b. Declaration or waiver 3.2.3 STEP III - If the Association is not satisfied with the disposition of Union representation;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 deemed withdrawn.
c. Specification 3.2.3.1 Neither the Board nor the grievant shall be permitted to assert any grounds of Articleevidence before the arbitrator, Section, and subsection which was not previously disclosed to the party.
3.2.3.2 The arbitrator shall have no power to alter the terms of this Agreement, or law, rule, or regulation on which grievance is based;.
d. A description of 3.2.3.3 Each party shall bear the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps full cost for its representation in the grievance procedure.
Step 23.2.3.4 The fees and the expenses of the arbitrator shall be shared equally by the parties.
3.2.3.5 If only one party requests the presence of a court reporter, that party shall bear the cost of the reporter. If both parties request a court reporter, they shall share the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decisioncosts.
Step 3. 3.2.3.6 If only one party requests the employee is not satisfied with postponement of an arbitration hearing, that party shall bear the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days cost of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receiptsuch postponement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. Under this SectionThe ▇▇▇▇▇▇ 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 will be processed in accordance 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 procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreementdiscussion, law, rule, or regulation, that employee the grievant shall submit 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 their immediate supervisor within fourteen the Superintendent who shall have five (145) school days of the date of the action thereafter to approve or condition giving rise to disapprove the grievance. If the employee choosesgrievance is transmitted directly to the Superintendent, the employee he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be accompanied by submitted directly to the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2Superintendent. If the employee is not satisfied 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 supervisor and elects Superintendent is not satisfactory to pursue the Association, the grievance furthermay 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 employee must 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 fourteen (14) days of receipt 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 decision grievant to meet any time limits will result in Step 1the 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 in writing to expedited arbitration under the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision rules of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decisionAmerican Arbitration Association.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Procedures. Under this SectionA. In the event that a grievant believes there is a basis for a grievance, grievances will the grievant may first discuss the alleged grievance with his/her principal or other appropriate supervisor either personally or accompanied by his/her Association representative.
B. Any employee may present his/her grievance to the District and have such grievance adjusted without the intervention of the Association, as long as the Association has been given an opportunity to be processed in accordance present at that adjustment and to make its views known, and as long as the adjustment is not inconsistent with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation terms of this Agreement, law, rule, or regulation, that employee shall submit .
C. If the grievance is not resolved in writing A or B above, formal grievance procedures may be instituted.
STEP 1. The grievant may invoke the formal grievance procedure through the Association on the grievance form which will be available from the Association representative in each building. A copy of the grievance form shall be delivered to their immediate supervisor the principal or appropriate supervisor. If the grievance involves more than one (1) school building, it may be filed with the Superintendent or a representative designated by the Superintendent. A grievance must be filed within fourteen twenty (1420) days of the date occurrence or knowledge of the action or condition giving rise to the grievance. If the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title event of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedurehe/she complains.
Step STEP 2. If the employee grievant is not satisfied with the decision disposition of the supervisor and elects to pursue grievance, the grievance furthershall 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 employee must grievance shall be transmitted to the Chairman of the School Board within fourteen five (145) 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) days of receipt of the decision in Step 1, submit written disposition of the grievance in writing Board. If the parties cannot agree to the Commanding Officer/Master. This written grievance must include arbitrator within five (5) days from the same information as is required in Step 1 plus a chronological account of discussions with notification date that arbitration will be pursued, the supervisor. When a written grievance from an employee is received arbitrator shall be selected by the Commanding Officer/MasterAmerican Arbitration Association in accordance with its rules, which rules shall likewise govern the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate arbitration proceeding. The parties shall not be permitted to be present during adjustment assert in such arbitration proceeding any ground rule or to rely on any evidence not presented at an earlier step. The decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission arbitrator shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union final and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receiptbinding upon both parties.
Appears in 2 contracts
Sources: Collective Bargained Agreement, Collective Bargained Agreement
Procedures. Under this Section9.4.1 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, grievances will be processed in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever if such informal processes fail to provide an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor within fourteen (14) days of the date of the action or condition giving rise to the grievance. If the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description acceptable adjustment of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision grievant may be modified by the Employer at subsequent steps in the grievance procedureproceed to Step 2.
9.4.2 Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further2 The grievant or, at his request, the employee must within fourteen Association on his behalf, may submit an executed Grievance Review Request Form (14Appendix 4) days of receipt of the decision in Step 1, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus grievant's immediate administrative supervisor who shall arrange for a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate meeting to be present during adjustment decision of the grievance. Within fourteen take place within four (144) days after receipt of the employee's 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 otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and recognized employee organization with a written grievance, response (Appendix 5) to the Commanding Officer/Master will adjudicate Grievance Review Request Form within four (4) days after the meeting.
9.4.3 Step 3 If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or the Association acting 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 will inform with representatives of the Association, unless the Association or the employee orally and in writing of waives its right to have representatives attend the decision.meeting, within ten (10) days after the grievance has been referred to him. Both the
9.4.4 Step 3. 4 If the employee grievant is not satisfied with the adjudication disposition of his grievance at Step 3 or if the Superintendent has not provided a written decision within the time prescribed in Step 2 and elects to pursue 3, then the grievance further, within fourteen (14) days of receipt of the decision in Step 2grievant, or the Association acting on his behalf, may request a meeting with the Board. Upon mutual agreement of both parties, Step 4 would occur. If a request for a meeting with the Board is not later than fourteen delivered to the Superintendent with thirty (1430) days after return to home portthe meeting prescribed in Step 3 is held, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievancedeemed withdrawn. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center The Board shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction meet within seven (7) days of the date of receipt.ten
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
Procedures. Under this Section, grievances will be processed in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the A grievance in writing to their immediate supervisor must be initiated within fourteen ten (1410) business days of the date occurrence of the action or condition giving rise cause for complaint. An attempt shall be made to resolve any grievance in an informal verbal discussion between the grievance. If the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance complainant and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedurehis/her immediate supervisor.
Step 2. If the employee is grievance cannot satisfied with the decision of the supervisor and elects to pursue the grievance furtherbe resolved informally, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit aggrieved teacher shall file the grievance in writing to within twenty (20) business days after the Commanding Officeroccurrence of the cause for complaint. At a mutually agreeable time the aggrieved teacher shall discuss the matter with the principal. If the teacher so desires, he/Mastershe may request Association representation. This The written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisorshould state:
1. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision The exact nature of the grievance;
2. Within fourteen (14) days after receipt The act or acts complained of and when they occurred;
3. The identity of the employee's written employee or employees involved in the grievance, ;
4. The specific section or provision of this Agreement that the Commanding Officer/Master will adjudicate grievant(s) claims to have been violated; and
5. The remedy sought. The principal or other administrator who has authority to make a decision on the grievance at this step shall make such decision and will inform the employee orally and communicate it in writing of to the decisionteacher, Superintendent and Association within five (5) business days.
Step 3. If In the employee is event a grievance has not satisfied been satisfactorily resolved at the second step, the aggrieved teacher shall file within five (5) business days of the principal’s written decision or answer at the second step, a copy of the grievance with the adjudication in Step 2 and elects to pursue Superintendent. Within five (5) business days after such written grievance is filed, the grievance furtheraggrieved, within fourteen (14) days of receipt the representative of the decision in Step 2Association, the principal and the Superintendent or not later than fourteen (14) days after return his designee, shall meet to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated discuss the grievance. Within fourteen The Superintendent or his designee, shall file an answer within five (145) business days of the date third step grievance meeting and communicate it in writing to the teacher, the principal, the Association, and the Board of receipt Education.
Step 4. In the event a grievance has not been satisfactorily resolved at the third step, the aggrieved teacher shall file, within five (5) business days of the grievancewritten decision or answer at the third step, a copy of the written decision or answer at the third step, a copy of the grievance with the Board of Education. At the next scheduled Board meeting, after such written grievance is filed, the CO Board shall meet and consider said grievance. The hearing will be conducted by the full
Step 5. If the grievance is not resolved satisfactorily to the grievant and/or Association within five (5) business days after a decision by the Board, there shall be available a fifth step of binding arbitration. The grievant and/or Association may submit, in writing, a request to enter into such arbitration within twenty (20) business days of the Marine Center shall inform the employee in writing of the Step 4 decision. The grievance shall be deemed withdrawn if the request is not filed within the twenty (20) business days. If not satisfieda request is filed in a timely manner, the employee may notify the Union and Marine Center Director in writing American Arbitration Association will be requested to provide a panel of their dissatisfaction within at least seven (7) days arbitrators and the selection process shall be in accordance with the Voluntary Arbitration Rules of the date Association. Either party reserves the right to reject the first list of receiptrecommended arbitrators from the American Arbitration Association and request a second list.
1. Expenses for the Arbitrator’s services and the expenses which are common to both parties to the arbitration shall be borne equally by the Board and the Association.
2. Neither the Board nor the Association shall be permitted to assert any grounds or evidence before the Arbitrator which was not previously disclosed to the other party.
3. The Arbitrator, in his opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. His authority shall be strictly limited to deciding only the issue or issues presented to him in writing by the School Board and the Association, and his decision must be based solely upon his interpretation of the meaning or application of the express relevant language of the Agreement.
4. The Arbitrator may be empowered to include in any award such financial reimbursements or other remedies as he judges to be proper within the terms of this contract.
5. If either party requests a transcript of the proceedings, that party shall bear the full costs for that transcript. If both parties order a transcript, the cost of the two (2) transcripts shall be divided equally between the Board and the Association.
Appears in 2 contracts
Sources: Professional Negotiation Contract, Professional Negotiation Contract
Procedures. Under this Section, grievances will be processed in accordance A grievant and a Union Representative (if the grievant so desires) shall first discuss the grievance with the following proceduregrievant's immediate administrative superior. Throughout this grievance procedure "STEP I STEP II STEP III If the matter is not satisfactorily adjusted within five (5) work days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over , the application or interpretation of this Agreement, law, rule, or regulation, that employee grievant shall submit the grievance it in writing within five (5) work days to their the grievant's immediate supervisor administrative superior. Such written grievance must be filed within fourteen ten (1410) work days of the date that the grievant should have been logically aware of the action act or condition circumstances giving rise to the grievance, except that an extension shall be granted ifmutually agreed-upon and reduced to writing. If The administrative supervisor shall meet with the employee choosesgrievant and a Union representative and must render his/her decision in writing, with copies to the grievant and the Union, within five (5) work days of the meeting with the grievant. Failing satisfactory settlement within such time limit, the employee grievant may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen five (145) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) work days of receipt of the decision in Step 1, submit the grievance appeal in writing to the Commanding Officer/Master. This written grievance must include Superintendent, and such writing shall set forth specifically the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision basis of the grievance. Within fourteen The Superintendent or his/her designee shall meet with the grievant and a Union representative within five (145) work days of receipt by him/her of such appeal and shall give his/her decision in writing to the grievant and the Union within five (5) work days of such meeting. Board of Education Failing satisfactory settlement within such time limit, the grievant may within seven (7) work days after receipt of the employeeSuperintendent's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and decision at Step 2 appeal in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) Board, and such writing shall set forth specifically the basis of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days The full Board, or a committee of the date of receipt of Board, shall meet with the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the grievant and a Union and Marine Center Director in writing of their dissatisfaction representative at its next regular scheduled meeting or a special meeting within seven thirty (730) calendar days of from the date of receipt.the grievance was
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. Under this Section, grievances will be processed in accordance with the following procedure. Throughout this grievance procedure "days" The parties acknowledge that it is defined as "workdays."
Step 1. Whenever usually most desirable for an employee considers themselves aggrieved over a matter arising over and the application or interpretation employee’s immediate involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor within fourteen (14) days of the date of the action or condition giving rise to the grievance. If If, however, the informal process fails to satisfy the employee choosesor the Association, the employee a grievance may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must containprocessed as follows:
a. Identity and title of Step I – The employee or the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision Association may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit present the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision building principal within ten (10) days of the grievanceevent. Within fourteen The building principal will arrange for a meeting to take place within ten (1410) days after receipt of the employee's written grievance. The Association’s representative, the Commanding Officer/Master will adjudicate grievant, and the grievance principal shall be present for the meeting. Within five (5) days of the meeting, the grievant and will inform the employee orally and in writing of Association shall be provided with the principal’s written response, including the reasons for the decision.
b. Step 3. II – If the employee 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 representative for a meeting to take place within five (5) days of 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 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 adjudication in Step 2 and elects to pursue disposition of the grievance furtherat Step II, within fourteen (14) days of receipt the Association may submit the grievance to final and binding arbitration through the American Arbitration Association which shall act as the administrator of the decision in Step 2, or proceedings. If a demand for arbitration is not later than fourteen filed within thirty (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (1430) days of the date for the Step II answer, then the grievance shall be deemed withdrawn.
1. Neither the Board nor the Association shall be permitted to assert any grounds or evidence before the arbitrator which was not previously disclosed to the other party.
2. The arbitrator shall have no power to alter the terms of receipt this agreement.
3. The fees and the expenses of the grievance, the CO of the Marine Center arbitrator shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receiptbe shared equally.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. Under this Section, grievances will be processed in accordance 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 following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application division ▇▇▇▇ or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor within fourteen (14) days of the date of the action or condition giving rise to the grievance. If the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance proceduredesignee.
Step 2. If the employee 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 Federation representative in an effort to resolve the grievance. The Vice President for Academic Affairs (or designee) shall issue to the grievant and his/her Federation representative a decision in writing on the grievance within ten (10) working days of the grievance meeting.
4. If the Federation is not satisfied with the decision disposition of the supervisor and elects to pursue grievance by the Vice President for Academic Affairs (or designee), or if no disposition is made within the time limits in Level One, the Federation shall transmit the grievance further, to the employee must President by filing a written copy thereof within fourteen ten (1410) working days of from the receipt of the decision in Step 1, submit (or of the failure to decide) of the Vice President for Academic Affairs. This initiates grievance Level Two.
5. The President shall have the option to meet (or designate another college official to meet) with the grievant and his/her Federation representative. The President (or designee) shall issue a decision on the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen within fifteen (1415) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision.
Step 3working days. If the employee grievance is denied, the President (or designee) shall state the reasons for doing so.
6. If the Federation is not satisfied with the adjudication in Step 2 and elects to pursue disposition of the grievance furtherby the President, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen * may be submitted to arbitration within ten (1410) working days of from the date of receipt of the grievancePresident’s decision. To initiate arbitration, the CO Federation shall send a certified letter to the NJ Public Employment Relations Commission with a copy to the College President. No grievance concerning reappointment, promotion, or any grievance unrelated to this Agreement may be advanced to arbitration. Decisions of the Marine Center arbitrator with respect to grievances based on alleged misapplications, misinterpretations or violations of contract provisions dealing with professional responsibilities, workload or work assignments shall inform the employee in writing be advisory. Decisions of the decisionarbitrator with respect to all other grievances shall be binding.
7. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction The arbitrator shall submit a written decision within seven thirty (730) calendar days of the date hearing. The arbitrator shall have no power to alter, modify, add to or subtract from the provisions of receiptthe agreement; his/her authority shall be limited to deciding the disposition of an alleged violation of the express written terms of this Agreement. The arbitrator’s fees and expenses shall be shared equally by the Board and the Federation.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. Under 17.3.1 The number of days indicated at each level of this Sectionprocedure 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, grievances will 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 the following this procedure. Throughout this The grievant shall be responsible for notifying the Union in writing that a grievance procedure "days" is defined as "workdays."
Step 1being filed. Whenever At any hearing or meeting related to a grievance brought individually by an employee considers themselves aggrieved over a matter arising over employee, the application or interpretation 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, law, rule, or regulation, that employee shall 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 ▇▇▇▇▇ ▇, all decisions shall be submitted in writing to their immediate supervisor within fourteen (14) days at each step of the date of grievance procedure and the action or condition giving rise decision shall be submitted to both the grievance. If grievant and the employee chooses, the employee may Union.
17.3.15 Grievances shall be accompanied filed on forms approved by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedureparties.
Step 2. If the employee is not satisfied with the decision of the supervisor 17.3.16 The parties shall maintain confidentiality for all grievance proceedings and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is for documents required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate law to be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decisionkept confidential.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. Under this SectionThe 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, grievances will be processed an Association representative may accompany the teacher to assist in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation informal resolution of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor within fourteen (14) days of the date of the action or condition giving rise to the grievance. If This informal approach does not extend or waive the employee chooses15 day time limit noted above. If, however, the employee informal process fails to satisfy the teacher or the Association, a grievance may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must containprocessed as follows:
a. Identity and title of The teacher or the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision Association may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit present the grievance in writing to the Commanding Officer/Master. This written grievance must include immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work days after the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision receipt of the grievance. The Association's representative, the grievant, and the immediately involved supervisor may be present for the meeting. The purpose of the meeting is to resolve the issue as the supervisor is empowered to do so. Within fourteen (14) 5 teacher work 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. If the grievance is not resolved at Step A, then the grievant or the Association may refer the grievance to the superintendent or the superintendent's official designee within 10 teacher work days after receipt of the employeeStep A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the appeal. Each party shall have 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 of the meeting, the Association and the grievant shall be provided with the superintendent's written grievanceresponse, including the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of reasons for the decision.
Step 3. c. If the employee grievance is not resolved at Step B then the grievant or the Association may refer the grievance to the Board 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 adjudication in Step 2 and elects to pursue disposition of the grievance further, within fourteen (14) days of receipt at Step C or the time limits expire without the issuance of the decision in Step 2Board of Education's written reply, or not later than fourteen (14) days after return to home port, the Association may submit the formal written grievance to the Commanding Officer (CO) binding arbitration. The Association shall request a panel of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within 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 date receipt of receiptthe Step C answer, then the grievance shall be deemed withdrawn.
1. The arbitrator shall have no power to alter the terms of this Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him by the Board and the Association, and his/her decision shall be based only upon interpretation of the meaning or the application of the express relevant language of this Agreement.
2. Each party shall bear the full cost for its representation in 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 arbitrator, the cost of such shall be divided equally by the parties.
Appears in 2 contracts
Sources: Master Contract, Master Contract
Procedures. Under this Section(a) Step 1: Informal: Within ten (10) days after the occurrence of an event giving rise to a grievance, grievances will be processed in accordance the employee involved shall discuss the matter with the following procedure. Throughout this Director of Nutritional Services in the employee's work area, with the object of resolving the matter informally.
(b) Step 2: If the grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves not resolved informally at the first step, the aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit file the grievance, in writing, with the district administrator assigned to that area, within ten (10) days after the informal conference. The written grievance shall state the nature of the grievance, reciting the specific clause or clauses of the agreement allegedly violated and specify the remedy requested.
(c) Within ten (10) days after the Director of Nutritional Services assigned to that area receives the written grievance, a meeting at a mutually agreeable time 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 their immediate supervisor the aggrieved employee including a copy to the Union within fourteen ten (1410) 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 date of written decision with the action or condition giving rise 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. If the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is The Superintendent shall file an answer in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision writing within fourteen ten (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (1410) days of receipt of the decision in Step 1, submit the grievance meeting and communicate it in writing to the Commanding Officer/Master. This written grievance must include employee, including a copy to the same information as Union.
(e) Step 4: If the answer of the Superintendent is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Masternot accepted, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen Union, within ten (1410) days after receipt receiving the Superintendent's answer, may request that the grievance be submitted to a joint committee consisting of the employeeBoard's written grievanceChief Negotiator, Superintendent or designee, the Commanding Officer/Master will adjudicate aggrieved, and the grievance business representative of the Union. The Superintendent or designee shall, within ten (10) days after the joint committee meeting notify the aggrieved and will inform the employee orally and Union in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the employer's decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated on the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. Under this SectionWhen requested by the employee, grievances will an Association representative (BEEA member) may accompany the employee to assist in the resolution of the grievance. The 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 in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdaysfollows."
Step STEP 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee : The grievant shall submit present the grievance in writing using the appropriate form to their immediate 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 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 fourteen eight (148) days after the Step 1 meeting, whichever is later. The Superintendent shall arrange with the grievant and/or the Association representative for a meeting to take place within five (5) 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 four (4) days of the meeting, the grievant shall be provided with the Superintendent’s written response, including reasons for the decision.
STEP 3: If the grievant is not satisfied with the grievance at Step 2, or the time limits expire without the issuance of the Superintendent’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) days of the receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary to determine pertinent facts to the grievance. 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.
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 deemed withdrawn. Neither the Board nor the Association shall be permitted to assert any grounds or evidence before the arbitrator, which was not previously disclosed to the other party. The arbitrator shall have no power to alter the terms of the action or condition giving rise to the grievance. If the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.
Appears in 2 contracts
Sources: Master Contract, Master Contract
Procedures. Under this SectionParties 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, grievances will however, such informal processes fail to satisfy the teacher, a grievance may be processed in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."follows:
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee A. The grievant shall submit present the grievance in writing to their immediate supervisor within fourteen twenty-two (1422) days of the date occurrence of the action or condition event giving rise to the grievance, (or within 22 days from the date the teacher has knowledge of the event giving rise to the grievance), specifying the article and clause alleged to have been violated and stating the remedy sought to the Principal. The Principal shall provide a written answer to the grievance of the aggrieved teacher with ten (10) days after the receipt of the grievance.
B. If the employee choosesgrievance is not resolved at Step A, the employee aggrieved may refer the grievance to the Superintendent or official designee within ten (10) days after the receipt of the Step A answer. The Superintendent shall arrange for a meeting to take place with ten (10) days of the receipt of the appeal. Within ten (10) days of the meeting, the grievant shall be accompanied by provided with the shipSuperintendent’s Union delegate when written response.
C. If the grievant is not satisfied with the answer at sea or by Step B, the shipgrievant may submit the grievance to the Board of Education within ten (10) days to be discussed at the next regular Board meeting. Within ten (10) days of the meeting, the grievant shall be provided with the Board’s Union delegate or Union port official if written response, including the ship is in home port. This grievance must clearly state that it is a grievance and must contain:reasons for the Boards’ decision.
a. Identity and title The grievant may request a closed hearing.
b. Neither the Board not the Grievant shall be permitted to assert any grounds or evidence, which was not disclosed to the other part forty-eight (48) hours previously.
c. If the Association is not satisfied with the disposition of the employee;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.
b. Declaration or waiver of Union representation;
c. Specification of Articlei. The arbitrator, Section, and subsection in to the provisions of this Agreement. His authority shall be strictly limited to deciding only the issues presented to him in writing by the School District and the Association, and his decision must be based solely upon his interpretation of the meaning or application of the express relevant language of the Agreement this opinion, shall not amend, modify, nullify, ignore, or law, rule, or regulation on which grievance is based;add.
d. A description of ii. Each party shall bear the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps full costs for its representation in the grievance procedure.
Step 2iii. If either party requests a transcript of the proceedings, that party shall bear the full costs for that transcript. If both parties order a transcript, the cost of the two (2) transcripts shall be divided equally between the Board and the Association.
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 may be bypassed and the grievance brought directly to Step B if mutually agreed upon by the employee and the Superintendent.
D. Class grievances involving one (1) or more teachers or one (1) or more supervisors and grievances involving administrators above the building level may be initially filed by the Association at Step B.
E. The Board acknowledges the right of the teachers to have a local Association representative present, if the grievant requests one, at Step A and B, and any Association representative, if the grievant requests on, at Step C. No teacher shall be required to discuss any grievance if the Association representative is not satisfied with present, if one is requested.
▇. ▇▇ reprisals shall be taken by the decision Board or Administration against a teacher because of his/her participation in a grievance.
G. With the supervisor and elects to pursue the grievance furtherSuperintendent’s approval, the employee must within fourteen (14) days Grievant and the local representative may be released from his/her assignment with loss of receipt of the decision pay or benefits to attend meetings specified in Step 1, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decisionSection 10.2.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.
Appears in 2 contracts
Sources: Teacher Contract, Teacher Contract
Procedures. Under this SectionThe ▇▇▇▇▇▇ 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 member – group of members, 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 be processed in accordance 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 procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreementdiscussion, law, rule, or regulation, that employee the grievant shall submit 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 their immediate supervisor within fourteen the Superintendent who shall have five (145) school days of the date of the action thereafter to approve or condition giving rise to disapprove the grievance. If the employee choosesgrievance is transmitted directly to the Superintendent, the employee he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be accompanied by submitted directly to the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2Superintendent. If the employee is not satisfied 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 supervisor and elects Superintendent is not satisfactory to pursue the Association, the grievance furthermay 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 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 employee must arbitrator will have authority to reinstate the ancillary staff member, with full reimbursement for all compensation lost. The costs of any arbitration under this article shall be shared equally by the Board and the Association.
c. It is expressly understood that the grievance procedure shall not apply to those matters from which statute authorizes specific remedy, such as the Tenure Teacher Act.
d. It is understood that the time limits are maximum and can be extended with the written mutual consent of both parties. Both parties should be encouraged to process a grievance as rapidly as possible and within fourteen (14) days of receipt 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 decision grievant to meet any time limits will result in Step 1the 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 in writing to expedited arbitration under the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision rules of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decisionAmerican Arbitration Association.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Procedures. Under 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, ▇▇▇▇▇▇▇▇’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 Sectionprocedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, grievances will be processed in accordance the supervisor shall not initiate any consultation with the following procedure. Throughout this grievance procedure "days" grievant prior to any scheduled meeting at which the representative is defined as "workdaysto be present."
Step 1. Whenever an employee considers themselves aggrieved over c) In the event that steps “a” or “b” are unsuccessful, the teacher may file a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the formal grievance in writing to their on a form provided by the Human Resources Department. 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 within fourteen supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (1410) days after disclosure of the date of the action or condition facts giving rise to the grievance. Within five (5) days of the filing of the formal grievance in writing a meeting shall take place between the immediate supervisor, the grievant, and the Association representative and an answer to the grievance shall be given to the grievant in writing within five (5) days after the meeting. If the employee choosesgrievance is not settled at Level One, the employee may be accompanied by Association may, within five (5) days after said decision, notify the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state Director of Human Resources that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of intends to appeal the grievance; and
e. The corrective action desired, stating the grounds for such an appeal. The supervisor 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 within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in on the grievance procedure.
Step 2within five (5) days thereafter and deliver it to the grievant and the Association. If the employee grievance is not satisfied settled at Level Two, it may, within five (5) days after receipt of the Level Two decision by the grievant and the Association, be appealed to the Board by filing a written notice with the decision Superintendent stating the grounds for appeal. A meeting with the Board shall occur within twenty (20) days following receipt of such notice, and the Superintendent shall promptly notify the grievant and the Association of the supervisor date, time, and elects place where such appeal will be heard. The Board’s written decision shall be transmitted to pursue the grievance further, grievant and the employee must Association within fourteen seven (147) days after the hearing. Within five (5) days of receipt of the decision in Step 1at Level Three, submit the grievance may be submitted to arbitration.
a) The parties will select an arbitrator according to the provisions of the “Public Employee Relations Act.” The arbitrator shall render his decision in writing and both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
b) The Board and the Association agree that neither party shall be permitted in arbitration hearings to assert any ground or to rely on any evidence not disclosed to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate other party prior to be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decisionsuch hearings.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.
Appears in 2 contracts
Sources: Master Contract, Master Contract
Procedures. Under this SectionA 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 accompany him/her in approaching the administrator, grievances 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 processed in accordance with the following procedurewithdrawn without prejudice or record. Throughout this grievance procedure "days" is defined as "workdays."LEVEL II:
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation The grievant shall within five (5) days submit copies of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their the immediate supervisor within fourteen administrator/supervisor.
2. Within five (145) days of the date receipt of the action or condition giving rise 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 grievancegrievant (Association), the grieving employee, and the Superintendent.
4. If the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee grievant is not satisfied with the decision disposition of the supervisor and elects to grievance at LEVEL II, the grievant may pursue the grievance further, the employee must further by proceeding to LEVEL III. LEVEL III:
1. The grievant shall within fourteen ten (1410) days of receipt of the decision in Step 1disposition at LEVEL II, submit the grievance in writing to the Commanding OfficerSuperintendent or his/Masterher designee.
2. This Within ten (10) days of the receipt of the written grievance must include grievance, the same information as is required in Step 1 plus a chronological account of discussions Superintendent or his/her designee shall meet with the supervisorgrievant.
3. When a written grievance from an employee is received by the Commanding Officer/MasterWithin ten (10) days of this meeting, the CO will inform the ship's Union delegate that superintendent or his/her designee shall write a grievance has been received and invite the delegate to be present during adjustment decision disposition of the grievancegrievance and forward copies to the grievant (Association), the grieving employee, and the immediate administrator/supervisor.
4. Within fourteen 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. The Association shall notify the Superintendent by certified mail, with return receipt requested, within ten (1410) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate LEVEL III disposition that it intends to submit the grievance and will inform the employee orally and in writing of the decisionto arbitration.
Step 32. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen Within ten (1410) days of following the receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievancerequest for arbitration, the CO superintendent or designee and the Association or representative shall mutually petition the American Arbitration Association (AAA) to provide both parties with a list of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days names from which an arbitrator will be selected by the alternate strike method and notified in accordance with the rules of the date AAA.
a. A second list of receiptseven (7) names may be requested by either party.
b. The toss of a coin shall determine who strikes first.
3. Once the arbitrator has been selected, he/she shall conduct a 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 hearing.
6. The decision of the arbitrator shall be binding on the Board and the Association. The arbitrator shall have no authority to alter, add, or subtract from terms and conditions of this agreement.
7. The costs of the arbitrator shall be shared equally by the Association and the Board.
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
Procedures. Under this Section, grievances 1. First Step: An attempt will be processed made to resolve any grievance in accordance with informal, verbal discussion between complainant, accompanied by an Association representative if requested by the following procedurecomplainant, and his/her immediate superior. Throughout The Association will be informed by the administration of the outcome achieved at this step.
2. Second Step: If grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreementcannot be resolved informally, law, rule, or regulation, that employee shall submit grievant(s) will file the grievance in writing to their immediate supervisor within fourteen with the principal. Within ten (1410) 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 teachers must specifically state by name each teacher included within the grievance, the nature of the grievance and the remedy sought for each such teacher at the Step 2 meeting. The filing of the grievance at the second step must be within twenty-five (25) days from the date of the action or condition occurrence of the event giving rise to the grievance. If the employee chooses, the employee may except for grievances pertaining to payroll which must be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision filed within fourteen thirty-five (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (1435) days of the receipt of the initial paycheck involved in the grievance. The principal or other administrator who has authority to make a decision in Step 1, submit on the grievance will make such decision and communicate it in writing to the Commanding Officer/Master. This written grievance must include teacher(s) and the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision Superintendent within ten (10) days of the grievance. Within fourteen (14) days after receipt second step meeting, with a summary of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of reasons for the decision.
Step 3. If Third Step: In the employee is event a grievance has not satisfied with been satisfactorily resolved at the adjudication in Step 2 and elects to pursue second step, the grievance furthergrievant(s) will file, within fourteen ten (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (1410) days of the date of receipt principal’s written decision or answer at the second step, a copy of the grievancegrievance with the Superintendent. Within ten (10) days after such written grievance is filed, the CO aggrieved, representative of the Marine Center shall inform the employee in writing of the decision. If not satisfiedaggrieved as desired, the employee may notify principal and the Union and Marine Center Director in writing of their dissatisfaction Superintendent or designee, will meet to resolve the grievance. The Superintendent, or designee, will file an answer within seven (7) days of the date of receipt.ten
Appears in 2 contracts
Sources: Professional Negotiations Agreement, Professional Negotiations Agreement
Procedures. Under 7.3.1 The number of days indicated at each level of this Sectionprocedure shall be considered maximum and every effort shall be made to expedite the process.
7.3.2 Grievance proceedings shall not be conducted in accordance with the rules of civil procedure.
7.3.3 If the College fails to comply in writing or with its time limit requirements as set forth under any of the procedure steps, grievances will the grievance shall be considered automatically appealed to the next level of the procedure.
7.3.4 If the grievant fails to comply with the grievant’s time limit requirements, as set forth under any of the procedure’s steps, the grievance shall be considered null and void.
7.3.5 The time limits set forth herein may be extended provided the extension has been mutually agreed upon in writing by the parties.
7.3.6 A grievance shall not be considered unless the grievant initiates the grievance no later than twenty 20 days after the grievant knew or reasonably should have known of the alleged violation that precipitated the grievance.
7.3.7 No reprisal or retaliation shall be taken against any person who participates in this procedure.
7.3.8 A grievant may be accompanied and represented by one Union representative and the charged-party may be represented by a person of the charged-party’s choice at any hearing or meeting conducted under this procedure.
7.3.9 An employee, acting individually, may present a grievance without the intervention of the Union, provided the grievance has been processed in accordance with the following this procedure. Throughout this The grievant shall be responsible for notifying the Union in writing that a grievance procedure "days" is defined as "workdays."
Step 1being filed. Whenever At any hearing or meeting related to a grievance brought individually by an employee considers themselves aggrieved over a matter arising over employee, the application or interpretation 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, law, rule, .
7.3.10 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.
7.3.11 Grievances shall be processed at times other than during an employee’s scheduled class time or regulation, that employee times when there is a school or department meeting or an Academic Affairs or College-wide meeting where attendance is mandatory.
7.3.12 All decisions shall submit be submitted in writing at each step of the grievance in writing procedure and the decision shall be submitted to their immediate supervisor within fourteen (14) days both the grievant and the Union.
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 date of the action or condition giving rise grievant may have that is related to the grievance. If the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is .
7.3.15 The parties to a grievance and must contain:
a. Identity and title of may mutually agree to toll the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps procedure’s time limits in the grievance procedureaccordance with sub-paragraph 7.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. Under this SectionA. 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, grievances will be processed in accordance the grievant’s ▇▇▇▇▇▇▇/AFSCME Employee Representative, and any other appropriate individual within fifteen (15) days following receipt of the grievance if no postponement is requested, or receipt of written notice that the grievant wishes to proceed with the following procedureStep 1 meeting if a postponement was previously requested. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over The grievant shall have the application or interpretation right to present any evidence in support of this Agreement, law, rule, or regulation, that employee shall submit the grievance at this meeting. If the meeting does not result in writing resolution of the grievance, the Step 1 Management Representative will proceed with processing the grievance and issuing a written decision, stating the reasons therefore, to their immediate supervisor grievant’s ▇▇▇▇▇▇▇/AFSCME Employee Representative within fourteen thirty (1430) days following the conclusion of the date 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 action decision and documents referenced in the decision shall be sent to the grievant and to the AFSCME Representative or condition giving rise to the AFSCME President if grievant elected not to be represented by AFSCME. The decision shall be transmitted by personal delivery with written documentation of receipt or by certified mail, return receipt requested.
2. Where practicable, the Step 1 Management Representative shall make available to the grievant or grievant’s ▇▇▇▇▇▇▇/AFSCME Employee Representative, documentation referenced in the Step 1 decision prior to its issuance. All documents referred to in the Step 1 decision and any additional documents presented by the grievant shall be attached to the decision, together with a list of these documents. In advance of the Step 1 meeting, the grievant or the grievant’s ▇▇▇▇▇▇▇/AFSCME Employee Representative shall have the right, upon written request, to a copy of documents identified as relevant to the grievance.
3. In the absence of an agreement to extend the period for issuing the Step 1 decision, 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 employee choosesgrievance is not satisfactorily resolved at Step 1, the employee grievant may be accompanied file a written request for review with Human Resources within thirty (30) days following receipt of the Step 1 decision by the shipgrievant or the grievant’s Union delegate when at sea ▇▇▇▇▇▇▇/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 grievant or the grievant’s AFSCME Staff Representative within thirty (30) days following the conclusion of the meeting. In the absence of an agreement to extend the period for issuing the Step 2 decision, AFSCME may proceed to Step 3 if the AFSCME Staff Representative has not received the written decision by the end of the 30th day following the conclusion of the Step 2 meeting. A 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 by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Articlecertified mail, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedurereturn receipt requested.
C. Step 23 – Arbitration
1. If the employee grievance is not satisfied with resolved at Step 2, AFSCME may appeal the decision of the supervisor and elects to pursue the grievance further, the employee must Arbitration on a Request for Arbitration Form within fourteen thirty (14) days of receipt of the decision in Step 1, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen (1430) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision.
Step 32. If the employee is not satisfied with the adjudication in Step 2 The Board and elects to pursue the grievance furtherAFSCME may, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home portby written agreement, submit related grievances for hearing before the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receiptsamearbitrator.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. Under this SectionThe ▇▇▇▇▇▇ 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 member – group of members, 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 be processed in accordance 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 procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreementdiscussion, law, rule, or regulation, that employee the grievant shall submit 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 their immediate supervisor within fourteen the Superintendent who shall have five (145) school days of the date of the action thereafter to approve or condition giving rise to disapprove the grievance. If the employee choosesgrievance is transmitted directly to the Superintendent, the employee he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be accompanied by submitted directly to the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2Superintendent. If the employee is not satisfied 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 supervisor and elects Superintendent is not satisfactory to pursue the Association, the grievance furthermay 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 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 employee must arbitrator will have authority to reinstate the ancillary staff member, with full reimbursement for all compensation lost. The costs of any arbitration under this article shall be shared equally by the Board and the Association.
c. It is expressly understood that the grievance procedure shall not apply to those matters from which statute authorizes specific remedy, such as the Tenure Teacher Act.
d. It is understood that the time limits are maximum and can be extended with the written mutual consent of both parties. Both parties should be encouraged to process a grievance as rapidly as possible and within fourteen (14) days of receipt 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 decision grievant to meet any time limits will result in Step 1the 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 in writing to expedited arbitration under the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision rules of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decisionAmerican Arbitration Association.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Procedures. Under 7.3.1 The number of days indicated at each level of this Sectionprocedure 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, grievances will 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 the following this procedure. Throughout 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 grievance procedure "days" is defined as "workdays."
Step 1requirement. Whenever an employee considers themselves aggrieved over a matter arising over Any adjustment made by the application or interpretation 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, lawwhich has a departmental or College-wide impact, rule, or regulation, that employee shall 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 to their immediate supervisor within fourteen (14and must include the provision(s) days of the date 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 ▇▇▇▇▇ ▇, all decisions shall be submitted in writing at each step of the grievance procedure and the decision shall be submitted to both the grievant and the Union.
7.3.14 Grievances shall be filed on forms approved by the parties. Emails shall be considered “in writing” for the purposes outlined in this Article.
7.3.15 The parties shall maintain confidentiality for all grievance proceedings and for documents required by law to be kept confidential. If a grievant or the Union violates this provision, this action will be a waiver by the grievant and/or Union of any confidentiality right the grievant or condition giving rise 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, facts, records and data in the possession of either party.
7.3.17 Upon agreement between the College’s Executive Director of Human Resources and the Union President, leave with pay may be granted to an employee to participate in a grievance meeting.
7.3.18 At any stage of the procedure, the parties may initiate a settlement proceeding as an attempt to resolve a grievance. If the employee choosesproceeding is initiated, the employee may grievance time limits will be accompanied placed on hold in writing. The proceeding shall be conducted by a representative appointed by the ship’s Union delegate when at sea or and one appointed by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2College. If either party determines that the employee is not satisfied with proceeding should be terminated, that party may end the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit the grievance settlement proceeding by submitting a notification in writing to the Commanding Officer/Masterother party of its intent to terminate the proceeding and reinstate the time limits. This written grievance must The time limits shall be reinstated upon service to the other party of such reinstatement and shall include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision any portion of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance time limits that expired prior to the Commanding Officer (CO) of parties agreement to toll the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipttime limits.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. Under this Section, grievances will be processed in accordance with the following procedure. Throughout this grievance procedure "days" The parties acknowledge that it is defined as "workdays."
Step 1. Whenever usually most desirable for an employee considers themselves aggrieved over a matter arising over and the application or interpretation employee’s immediate involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor within fourteen (14) days of the date of the action or condition giving rise to the grievance. If If, however, the informal process fails to satisfy the employee choosesor the Association, the employee a grievance may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must containprocessed as follows:
a. Identity and title of Step I – The employee or the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision Association may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit present the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision building principal within ten (10) days of the grievanceevent. Within fourteen The building principal will arrange for a meeting to take place within ten (1410) days after receipt of the employee's written grievance. The Association’s representative, the Commanding Officer/Master will adjudicate grievant, and the grievance principal shall be present for the meeting. Within five (5) days of the meeting, the grievant and will inform the employee orally and in writing of Association shall be provided with the principal’s written response, including the reasons for the decision.
b. Step 3. II – If the employee 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 representative for a meeting to take place within five (5) days of 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 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 adjudication in Step 2 and elects to pursue disposition of the grievance furtherat Step II, within fourteen (14) days of receipt the Association may submit the grievance to final and binding arbitration through the American Arbitration Association which shall act as the administrator of the decision in Step 2, or proceedings. If a demand for arbitration is not later than fourteen filed within thirty (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (1430) days of the date of receipt of for the grievanceStep II answer, then the CO of the Marine Center grievance shall inform the employee in writing of the decisionbe deemed withdrawn. If a demand for arbitration is not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction filed within seven thirty (730) days of the date for the Step II answer, then the grievance shall be deemed withdrawn.
1. Neither the Board nor the Association shall be permitted to assert any grounds or evidence before the arbitrator which was not previously disclosed to the other party.
2. The arbitrator shall have no power to alter the terms of receiptthis agreement.
3. The fees and the expenses of the arbitrator shall be shared equally.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under a. Grievance proceedings shall be kept informal and confidential at all levels of this Sectionprocedure. Breach of confidentiality may result in disciplinary action.
b. The number of days indicated at each level of this procedure shall be considered a maximum, grievances will and every effort shall be made to expedite the process.
c. If the College fails to comply with the time limit requirements as set forth under any of the procedure levels, the grievance shall be considered automatically appealed to the next level of the procedure.
d. If the grievant fails to comply with the grievant’s time limit requirements as set forth under any of the procedure levels, the grievance shall be considered null and void.
e. The time limits set forth herein may be extended provided the extension has been mutually agreed upon in writing by the parties.
f. A grievance shall not be considered unless the grievant files the grievance no later than ten (10) days after the grievant knew or reasonably should have known of the action that precipitated the grievance.
g. No reprisal or retaliation by any party to the grievance shall be taken against any party as a result of participation in the proceeding of a grievance.
h. A grievant and the party charged may be accompanied and represented at any hearing or meeting conducted under this procedure.
i. A faculty member, acting individually, may present a grievance without the intervention of the Federation provided the grievance has been processed in accordance with the following this procedure. Throughout At any hearing of a grievance brought individually by a faculty member, the Federation as a party to this grievance procedure "days" is defined as "workdays."
Step 1Agreement, will be afforded the opportunity to be present and present its views. Whenever an employee considers themselves aggrieved over a matter arising over Any adjustment made shall be consistent with the application or interpretation provisions of this Agreement.
j. If a grievance affects a group of two or more faculty members of the bargaining unit or involves a decision or action by the College that has a system-wide impact, law, rule, or regulation, that employee shall the Federation may submit the grievance in writing to their immediate supervisor within fourteen (14) days on behalf of the date affected faculty members at Level Two of this procedure. The parties may submit this grievance at Level One if all of the action or condition giving rise to members of the grievance. If bargaining unit affected by the employee chooses, grievance have the employee same supervisor.
k. The parties shall cooperate in any investigation that may be accompanied necessary in order to expedite the process.
l. All documents related to a grievance shall be maintained in a separate grievance file and shall not be kept in the personnel file of any of the grievance participants.
m. All grievances and grievance responses shall be filed and processed on grievance forms mutually agreed upon by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is parties and contained in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection an Appendix of this Agreement.
n. Unless otherwise agreed to by the parties, or law, rule, or regulation on which grievance is based;the processing of grievances shall be conducted during non-instruction time.
d. A description o. All decisions shall be submitted in writing at each step of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, grievance procedure and the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished submitted to both the Commanding Officer/Master who has previously adjudicated grievant and the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receiptFederation.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this SectionThe importance of having a grievance processed as quickly as possible suggests that the number of days indicated at each level should be considered as a maximum and every effort made to expedite the process. The time limits may, grievances will however, be processed in accordance with the following procedureextended by mutual written agreement. Throughout this A grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor may be filed within fourteen fifteen (1415) work days of the date event. The employee shall have the right to be represented by the Union Representative.
Level 1: An employee with a grievance shall meet with his/her immediate supervisor, with the objective of resolving the matter informally. The immediate supervisor must respond to the employee’s grievance within five (5) working days. If an impasse occurs, a written grievance shall then be presented to the Division Director within five (5) working days of the action or condition giving rise immediate supervisor’s response. The employee shall be entitled to the a reply, in writing, within ten (10) working days of said written grievance. .
Level 2: If the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee aggrieved is not satisfied with the decision disposition of the supervisor and elects to pursue the grievance furtherat Level 1, the employee must within fourteen ten (1410) working days of from receipt of the decision reply to the grievant from the Division Director, the grievant may request in Step 1, submit writing a non-public meeting with the Department Administrator. The Department Administrator shall schedule and conduct said non- public meeting within (10) working days from the grievant request. The Department Administrator shall provide a response in writing within five (5) working days of said meeting. Level 3: If the grievance in writing or dispute has not been satisfactorily resolved pursuant to ▇▇▇▇▇ ▇ ▇▇▇ ▇▇▇▇▇ ▇, ▇▇▇ ▇▇▇▇▇ may present it to the Commanding Officer/MasterCounty Administrator within ten (10) working days from receipt of Level 2 response or ten (10) working days from the date the response was due. This written Level 4: If no settlement of the grievance must include or dispute has been reached between the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Masterparties, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate may move the grievance and will inform the employee orally and in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects or dispute to pursue the grievance further, arbitration within fourteen thirty (1430) calendar days of receipt of receiving the decision in Step 2County Administrator’s written response, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.thirty
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this SectionThe Informal Step Formal Step
1) All formal grievances shall be rendered in writing at each step of the Grievance Procedure, except the Informal Step and shall include the name and position of the grievant, the specific provisions of the Labor Agreement, or the past practice violated, allegedly violated, the time and the place where the alleged events or conditions giving rise to the grievance took place, and a general statement of the nature of the grievance and the relief sought by the grievant.
2) All formal decisions shall be rendered in writing at each step of the Grievance Procedure, except the Informal Step, and copies of answers shall be submitted to the grievant and his/her Union Representative.
3) The time limits specified herein may be waived at any step by mutual Agreement for both Parties. Any such waiver shall be reduced to writing and signed or initialed by both Parties.
4) Failure on the part of the Township to answer grievances within the specified time limits will permit the grievance to advance to the next step.
5) Grievances not filed at the appropriate step within the specified time limits shall be processed in accordance with considered dismissed. Any Bargaining Unit Employee who believes that he/she have a claim arising under the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation terms of this AgreementLabor Agreement with regard to the interpretation or application of this Labor Agreement including disciplinary actions, law, rule, or regulation, that employee shall reduce said grievance to writing as provided herein and submit the grievance in writing to their immediate supervisor same within fourteen five (145) days of the said occurrence or within five (5) days of the date the Employee gains knowledge of the action or condition giving rise occurrence of said grievance to the grievance. If the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea Fire Chief or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desiredhis/her designee. The supervisor Fire Chief or his/her designee shall give schedule a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied meeting with the decision of the supervisor Employee and elects to pursue the grievance further, the employee must his/her Union Representative within fourteen five (145) days of receipt of from the decision in Step 1, submit date the grievance Fire Chief or his/her designee is informed in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen Following this meeting, the Fire Chief or his/her designee shall have five (145) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the to answer said grievance and will inform the employee orally and in writing of the decision.
Step 3writing. If the employee grievance is not satisfied with the adjudication in satisfactorily resolved within Step 2 and elects to pursue One (1), the grievance further, within fourteen (14) days of receipt of the decision in shall proceed to Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.Two
Appears in 1 contract
Sources: Labor Agreement
Procedures. Under this SectionThe parties shall attempt to adjust all grievances on an informal basis between the employee and/or his/her designated representative and a supervisor in the employee's chain of command, grievances will be processed in accordance with up to and including the following procedure. Throughout this Fire Chief.
24.3.1 If the parties are unable to adjust the grievance procedure "days" is defined as "workdays."
Step 1. Whenever on an employee considers themselves aggrieved over a matter arising over informal basis, the application or interpretation of this Agreement, law, rule, or regulation, that employee grievant shall submit file the grievance in writing to their with his/her immediate supervisor (Captain). The Fire Chief shall be served with a copy of the written grievance at the time such grievance is filed with the grievant's immediate supervisor.
24.3.2 If the grievance has not been settled within fourteen seven (147) working days of its filing with the date of the action or condition giving rise grievant's immediate supervisor, it shall then be submitted to the grievance. If the employee choosesFire Chief for adjustment, if requested by either party, the employee may be accompanied by Fire Chief and the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is grievant and his/her representative shall meet in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in an attempt to resolve the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the filing of the grievance with the Fire Chief, the Fire Chief shall provide the grievant and his/her representative with a written statement regarding the grievance. Any such appeal shall be considered by the Board of Directors within 60 days of the filing of the appeal.
24.3.3 If the grievant does not agree with the Fire Chief's proposed resolution of the grievance, he/she shall submit the written grievance to the Board of Directors for adjustment and/or decision. In order to be effective, the grievant's appeal to the Board of Directors regarding the grievance must be filed with the Board of Directors no later than five (5) days from the date on which the Fire Chief rendered his/her written decision. All written materials and rationale which are to be submitted by the grievant to the Board of receiptDirectors shall be served upon the Fire Chief at the time the grievance is appealed to the Board of Directors. Both the grievant and his/her representative and the Fire Chief shall be given an opportunity to argue their position on the grievance to the Board of Directors prior to its determination upon the merits of the grievance. The grievant and representative and the Fire Chief shall be notified in writing of the Board's decision on the grievance within 60 days of the close of argument, if argument is requested, or 60 days of appeal if no argument is requested.
Appears in 1 contract
Sources: Memorandum of Understanding
Procedures. Under this Section, grievances The parties hereto acknowledge that the proper chain of command will be followed when trying to resolve problems through free and informal communications. Free and informal communication may be verbal or written communication. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of the problem. If, however, the informal process fails to satisfy the employee or the Association, a grievance may be processed in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."follows:
Step 1. Whenever an I. The employee considers themselves aggrieved over a matter arising over or the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit Association will present the grievance in writing and file it with the Principal within ten (10) days from the time that the employee or the Association could reasonably be expected to their immediate supervisor have become aware of the occurrence of the event. The grievance shall contain a statement of facts, circumstance, and a suggested remedy. The Principal will meet with the grievant within fourteen ten (1410) days after receipt of the grievance. The Principal will provide a written response following the meeting within ten (10) days.
Step II. The employee or the Association may appeal to the Superintendent in writing within ten (10) days after receiving the decision of the Principal. A copy of the appeal shall be furnished to the Principal by the employee or the Association. A meeting will take place within ten (10) days after receipt of the appeal. The Association's representative, the grievant and the Superintendent shall be present at the meeting. Within ten (10) days of the date meeting, the grievant and the Association will be provided with the Superintendent's written response including the reason for the decision. Step Ill. If the grievance is not resolved at Step II, then the grievance or the Association may refer the grievance to the Board of Education within ten (10) days after receipt of the action or condition giving rise to the grievance. If the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desiredStep II answer. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied Board will arrange with the decision of Association representative and the supervisor and elects grievant for a meeting to pursue the grievance further, the employee must take place within fourteen ten (1410) days of receipt of the decision in Step 1, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the unresolved grievance. Within fourteen (14) days after receipt of Each party shall have the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance right to include in its representation such witnesses and will inform the employee orally and in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievancecounselors as it deems necessary. Within fourteen ten (1410) days of the date of receipt of the grievancemeeting, the CO of Association and the Marine Center shall inform grievances will be provided with the employee in writing of Board's written response, including the reason for the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this Section, The adjustment of grievances will be processed in accordance 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 following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee time limits shall submit 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 writing to their 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 fourteen twenty (1420) days of the date occurrence of the action event upon which the grievant became aware or condition giving rise 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 grievancegrievance in an informal manner. If the employee choosesgrievant is dissatisfied with the outcome of the initial private conference, the employee 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 ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home portgrievance committee. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title Every effort should be made to develop an understanding of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, facts and subsection of this Agreement, or law, rule, or regulation on issues in order to create a climate which grievance is based;
d. A description of the grievance; and
e. The corrective action desiredwill lead to a solution. The supervisor formal conference shall give a written decision occur within fourteen five (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (145) days of receipt of the decision in Step 1, submit written request or the informal conference. In the event that the grievance is not resolved at ▇▇▇▇▇ ▇, the grievant may within ten (10) days appeal the matter in writing to the Commanding Officer/MasterSuperintendent of the District or another administrator from either the Coulee-▇▇▇▇▇▇▇▇ or Almira District when the grievant’s immediate supervisor is also the Superintendent. This written grievance must include The Superintendent, the same information as is required in Step 1 plus a chronological account of discussions Superintendent’s designated representative, or other named administrator shall confer with the supervisorgrievant in an effort to meet a satisfactory solution within a reasonable time limit. When a written grievance from an employee is received by If the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has not been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen resolved within ten (1410) 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 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 employee's written grievancerequest, confer with the Commanding Officer/Master will adjudicate grievant and within five (5) days, render a decision to be submitted to the grievant in writing. In the event that the grievance and will inform is not settled by the employee orally and in writing disposition of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance furtherBoard, then within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.five
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this Section, grievances Step 1: The 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 processed made to arrive at a solution in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdaysmanner."
Step 2: If the problem is not resolved in Step 1. Whenever an , the Association, shall within fifteen (15) days from the date when the employee considers themselves aggrieved over a matter arising over or Association knew or should have known about the application or interpretation of this Agreementallegation, law, rule, or regulation, that employee shall submit present the grievance in writing to their immediate supervisor within fourteen (14) days the immediately involved supervisor. The grievance shall set forth the nature of the date occurrence, the specific provisions of the action or condition giving rise Agreement claimed to have been violated and the grievance. If the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desiredremedy requested. The supervisor shall give will arrange for a written decision meeting to take place within fourteen seven (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (147) days of receipt of the decision in Step 1grievance. The Association’s representative, submit the grievance in writing to employee and the Commanding Officer/Masterimmediately involved supervisor, shall be present for the meeting. This written grievance must include Within seven (7) days of the same information as is required in Step 1 plus a chronological account of discussions meeting, the Association shall be provided with the supervisor. When a ’s written grievance from an employee is received by response, including the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of reasons for the decision.
Step 3. : If the employee grievance is not satisfied with resolved at Step 2, the adjudication in Step 2 and elects to pursue Association may refer the grievance further, to the Superintendent or the Superintendent’s official designee within fourteen seven (147) days of receipt of the decision in Step 22 answer. The Superintendent shall arrange, or not later than fourteen (14) days after return with the Association representative, for a meeting to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction take place within seven (7) days of the date Superintendent’s receipt of receiptthe 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) days of the Board’s receipt of the appeal. Within seven (7) days of the meeting, the Association shall be provided with the Board’s written response, including the reasons for the decision.
Step 5: If the Association is not satisfied with the disposition of the grievance at Step 4, the Association may submit the grievance to final and binding arbitration. If a demand for arbitration is not filed with the Employer within fifteen (15) days of the Association’s receipt of the Board’s written response, the grievance shall be deemed withdrawn. Neither party shall be permitted to assert any grounds or evidence before the Arbitrator which was not previously disclosed to the other party. The demand for arbitration shall be submitted to the Federal Mediation and Conciliation Service (FMCS) which shall act as the administrator of the proceedings.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this Section, grievances will be processed in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee STEP 1 The Building Principal shall submit the grievance respond in writing to their immediate supervisor within fourteen (14) days of the date of the action or condition giving rise to the grievanceeach grievance received. If the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee an aggrieved party is not satisfied with the decision response of the supervisor and elects to pursue 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 further, to the employee must within fourteen (14) days of receipt grievance committee of the decision in Step 1, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decisionLittle Falls Teachers Association.
Step 3. STEP 2 If the employee aggrieved is not satisfied with the adjudication in determination of a grievance at Step 2 and elects to pursue the grievance further1, he/she may within fourteen (14) ten days of receipt the response by the Building Principal, or within ten days of the decision in Step 2, or not later than fourteen (14) days after return to home porttime such response was due, submit the formal written grievance grievance, in writing, to the Commanding Officer Superintendent for review and determination.
STEP 3 The Superintendent or his designee shall meet with the aggrieved and his representative (COif the aggrieved desires a representative) at a reasonable time and place designated by the Superintendent within five days after the presentation of the applicable Marine Centerappropriate 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 this submission such decision shall be furnished given to the Commanding Officer/Master who has previously adjudicated 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 ▇▇. ▇▇▇▇▇▇▇▇▇ should not be available to perform the required arbitration, both parties agree that a new and mutually acceptable arbiter shall be designated by appropriate amendment to this section. In the event the parties cannot agree on an arbiter, they shall request a list of arbiters from the American Arbitration Association. The parties will then be bound by the rules and procedures of the American Arbitration Association in the selection of an arbiter. The 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 privileged by law, in their possession or control, and which is relevant to the issues raised by the grievance. Within fourteen (14) days All hearings held shall be closed sessions and no news releases shall be made concerning the progress of the date 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 receipt fact, reasoning’s, conclusions and decisions on the issues submitted. The arbiter shall have no power or authority to make any decision which requires the commission of an act prohibited by law or which shall violate of the grievanceterms of this agreement. The decisions of the arbiter shall be 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 Association and the Board if the Association signed the appeal to Step 4. If the Association did not sign the appeal to Step 4, the CO of expenses shall be shared equally by the Marine Center shall inform Board and the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receiptaggrieved person.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this Section, grievances will be processed in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee STEP 1 The Building Principal shall submit the grievance respond in writing to their immediate supervisor within fourteen (14) days of the date of the action or condition giving rise to the grievanceeach grievance received. If the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee an aggrieved party is not satisfied with the decision response of the supervisor and elects to pursue 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 further, to the employee must within fourteen (14) days of receipt grievance committee of the decision in Step 1, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decisionLittle Falls Teachers Association.
Step 3. STEP 2 If the employee aggrieved is not satisfied with the adjudication in determination of a grievance at Step 2 and elects to pursue the grievance further1, he/she may within fourteen (14) ten days of receipt the response by the Building Principal, or within ten days of the decision in Step 2, or not later than fourteen (14) days after return to home porttime such response was due, submit the formal written grievance grievance, in writing, to the Commanding Officer Superintendent for review and determination.
STEP 3 The Superintendent or his designee shall meet with the aggrieved and his representative (COif the aggrieved desires a representative) at a reasonable time and place designated by the Superintendent within five days after the presentation of the applicable Marine Centerappropriate 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 this submission such decision shall be furnished given to the Commanding Officer/Master who has previously adjudicated 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. A mutually acceptable arbiter shall be designated by appropriate amendment to this section. In the event the parties cannot agree on an arbiter, they shall request a list of arbiters from the American Arbitration Association. The parties will then be bound by the rules and procedures of the American Arbitration Association in the selection of an arbiter. The 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 privileged by law, in their possession or control, and which is relevant to the issues raised by the grievance. Within fourteen (14) days All hearings held shall be closed sessions and no news releases shall be made concerning the progress of the date 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 receipt fact, reasoning’s, conclusions and decisions on the issues submitted. The arbiter shall have no power or authority to make any decision which requires the commission of an act prohibited by law or which shall violate of the grievanceterms of this agreement. The decisions of the arbiter shall be 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 Association and the Board if the Association signed the appeal to Step 4. If the Association did not sign the appeal to Step 4, the CO of expenses shall be shared equally by the Marine Center shall inform Board and the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receiptaggrieved person.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this Section, grievances will be processed in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor within fourteen Within ten (1410) school days of the date time a grievance arises, or within ten (10) school days of when the action or condition giving rise to the grievance. If the employee choosesgrievance should reasonably have become known, the employee may be accompanied by CHESS Association member will present the ship’s Union delegate when at sea or by grievance to his/her immediate supervisor. Free and informal communications are encouraged. Within ten (10) school days after the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description presentation of the grievance; and
e. The corrective action desired. The , the supervisor shall give a his/her written decision within fourteen (14) daysanswer orally to the griever. Since At the supervisor is a member request of the bargaining unitgrieved, the decision may be modified by the Employer at subsequent steps in the grievance proceduregriever shall submit a “Statement of Grievance.”
Step 2. If the employee grievance is not satisfied with the decision of the supervisor and elects to pursue the grievance furtherresolved in Step 1, the employee must grievant or the CHESS Association representative may, within fourteen ten (1410) school days of receipt of the decision in Step 11 answer (written or oral), submit to the building principal, or if the grievance in writing is a District issue, to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account Director of discussions with the supervisor. When Human Resources, a written grievance from an employee is received “Statement of Grievance” signed by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision employee. Within ten (10) school days of the grievance. Within fourteen (14) days after receipt of the employee's written Step 2 grievance, the Commanding Officerbuilding principal/Master will adjudicate the Director of Human Resources shall hold a Step 2 grievance and will inform the employee orally and in writing conference. Within ten (10) school days of the decisionStep 2 grievance conference, the building principal/Director of Human Resources shall issue a written Step 2 grievance answer.
Step 3. If the employee grievance is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision resolved in Step 2, the grievant or not later than fourteen the CHESS Association may, within fifteen (1415) school days after return to home portof the Step 2 grievance conference, submit the formal written a Step 3 grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievanceSuperintendent. Within fourteen ten (1410) school days of the date of receipt of the Step 3 grievance, the CO Superintendent, and/or other representatives of the Marine Center Board, shall inform the employee in writing of the decisionhold a Step 3 grievance conference. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven Within ten (710) 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 appeal the dispute to final and binding arbitration under and in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association. Such appeal must be taken within thirty (30) days from the date of receiptthe 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. Under this SectionThe parties hereto acknowledge that it is usually most desirable for an employee and the employee's immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, grievances will a local association member may accompany the employee to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the Association, a grievance may be processed in accordance with the following procedure. Throughout this as follows:
3.2.1 Step 1 - The grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the grievance must be presented in writing to their immediate supervisor the immediately involved supervisor, within fourteen ten (1410) working days of the date of the action or condition event giving rise to the grievance. If , who will arrange for a meeting to take place within five (5) working days after the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description receipt of the grievance; and
e. The corrective action desired. The Association's representative (optional), the grievant, and the immediately involved supervisor shall give a written decision within fourteen be present for the meeting. Within five (145) days. Since the supervisor is a member working days of the bargaining unitmeeting, the decision may grievant and the Association shall be modified by provided with the Employer at subsequent steps in supervisor's written response, including the reason(s) for the decision.
3.2.2 Step II - If the grievance procedureis 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, the Association shall be provided with the superintendent's written response, including the reason(s) for the decision.
3.2.3 Step 2. III - If the employee Association is not satisfied with the decision disposition of the supervisor and elects to pursue the grievance furtherat Step II, the employee must within fourteen (14) days of receipt of the decision in Step 1, Association may submit the grievance in writing to the Commanding Officer/MasterPanhandle Community Unit District #2 Board of Education. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO The Board will inform the ship's Union delegate that a grievance has been received and invite the delegate have ten (10) calendar days to be present during adjustment decision of resolve the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision.
3.2.4 Step 3. IV - If the employee Association is not satisfied with the adjudication in Step 2 and elects to pursue disposition of the grievance furtherat Step III, within fourteen (14) days of receipt the Association may submit the grievance to final and binding arbitration under the Voluntary Labor Arbitration Rules of the decision in Step 2American Arbitration Association. The parties may use AAA, FMCS, or a mutual selection to determine an arbitrator. If a demand for arbitration is not later than fourteen filed within thirty (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (1430) days of the date for the Step III answer, then the grievance shall be deemed withdrawn.
3.2.4.1 Neither the Board of receipt of Education nor the grievance, Association shall be permitted to assert any grounds or evidence before the CO of arbitrator which has not previously been disclosed to the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receiptother party.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this Section, grievances will A. Any grievance must be processed in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor filed within fourteen ten (1410) days of the date aggrieved act or it shall be deemed forever waived by the grievant.
B. Since it is important that a grievance be processed as rapidly as possible, the number of days indicated at each level should be considered a maximum, and every effort should be made to expedite the process.
C. In the event a grievance is filed on or after the closing of the action or condition giving rise school year, which, if left unresolved until the beginning of the following school year, could result in irreparable harm to the grievance. If the employee choosesa party in interest, the employee parties agree to make a good faith effort to reduce the time limits set forth herein so that the grievance procedure may be accompanied by exhausted as soon as is practicable.
D. Nothing herein contained will be construed as limiting the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is right of any grievant having a grievance to discuss the matter informally and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a confidentially with any appropriate member of the bargaining unitadministration, and having the decision 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 modified 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 Employer Association. In any event the Association shall have a right to have a representative present and to state its views at subsequent steps in all stages of the grievance procedure.
Step 2F. 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 employee aggrieved party is not satisfied with the decision disposition of the supervisor and elects to pursue grievance by the grievance furtherprincipal or immediate supervisor, the employee must grievant may file a written grievance with the principal/immediate supervisor on forms provided by the School District and the Association within fourteen five (145) 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 Step 1interest 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, submit the grievance Executive Director of Human Resources shall communicate a decision in writing to the Commanding Officer/Masterall parties in interest. This written grievance must The decision shall include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decisionsupporting reasons therefor.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen I. Level Three - Superintendent Within five (145) days of receipt of the decision rendered by the Executive director of Human Resources, any party in Step 2interest may appeal the Director’s decision to the Superintendent, or not later than fourteen 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 (1410) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) receipt of the applicable Marine Centerappeal, the Superintendent, or designee, shall communicate the decision in writing to all parties in interest. A copy The decision shall include supporting reasons therefor.
J. Level Four - Board of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Education Within fourteen five (145) days of the date of receipt of the grievancedecision 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 CO Board of Education shall set a hearing for the grievance and shall forward written notice of the Marine Center shall inform the employee in writing time and place of the decisionhearing to all parties in interest. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven Within fifteen (715) days of hearing of the date appeal, the Board of receiptEducation shall communicate its decision in writing to all parties in interest. The decision shall include supporting reasons therefor. The decision of the Board of Education shall be final.
K. Failure at any step of this procedure to communicate the decision in writing on a grievance within the specified time limits shall permit any party in interest to proceed to the next step. Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be deemed to be acceptance of the decision rendered at that step.
L. No reprisals of any kind will be taken by the Board of Education or any member of the administration against any party in interest or any other party involved directly or indirectly in the grievance procedure.
M. All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the permanent central office files of the participants.
N. Forms for processing grievances will be printed by the Board of Education and the Association and given appropriate distribution by the parties so as to facilitate operation of the grievance procedure.
O. Every effort will be made by all parties to avoid interruption of classroom activities and to avoid the involvement of students in all phases of the grievance procedure.
P. If in the judgment of the Executive Director of Human Resources and the Association, a grievance affects a group or class of teachers, the Association may submit such grievance in writing to the Superintendent directly and the processing of the 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 defined herein. If at any level it is determined that the grievance is not a proper grievable item, then that determination should be noted in the decision rendered. This Agreement, and all items agreed on pursuant to this Agreement, when adopted and signed by both parties, shall remain in effect for so long as the Association is recognized as the lawful representative of the certified personnel of the Union School District or until modified by the parties in writing. Either party desiring changes in this Agreement shall notify the other party in writing at least thirty (30) days prior to any regular meeting of the negotiations committee. Any changes in this Agreement must be made by a majority consent of both 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. Under this SectionThe parties hereto acknowledge that it is usually most desirable for an employee and his or her immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, grievances will an Association representative may accompany him or her to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the Association, a grievance may be processed in accordance with as follows:
A. The employee or the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit Association may present the grievance in writing to their immediate supervisor writing, within fourteen twenty-one (1421) days of the date of the action or condition event giving rise to the grievance, to the immediately involved supervisor, which grievance shall state the part, article, section and clause of this Agreement alleged to be violated, misrepresented or misapplied and which grievance shall further state the remedy which is sought. If The immediately involved supervisor will arrange with the employee choosesgrievant and, if requested, the employee may be accompanied by the shipAssociation’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is representative, for a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects meeting to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction take place within seven (7) days of the receipt of the grievance. Within seven (7) days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response
B. If the grievance is not resolved at Step 1.2.A, then the grievant or the Association may refer the grievance to the Superintendent or his officially designated representative within seven (7) days after receipt of the Step 1.2.A answer or within fourteen (14) days after the Step 1.2.A meeting, whichever is later. The Superintendent shall arrange with the grievant and, if requested, the Association representative, for a meeting to take place within seven (7) days of the Superintendent’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counsel as it deems necessary. Within seven (7) days of the meeting, the grievant and the Association shall be provided with the Superintendent’s written response.
C. If the Association is not satisfied with the disposition of the grievance at Step 1.2.B. or the time limits expire without the issuance of the Superintendent’s written reply, the grievance may be submitted to final and binding arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association, which shall act as the Administrator of the proceedings. If a demand for arbitration is not filed within thirty (30) days of the date for Step 1.2.B., then the grievance shall be deemed withdrawn.
1. Neither the grievant nor the Association shall be permitted to assert any grounds or evidence before the Arbitrator which were not previously disclosed to the immediately involved supervisor and the Superintendent. Similarly, neither the Board nor its Superintendent shall be permitted to assert any grounds or evidence before the Arbitrator which were not previously disclosed to the grievant or the Association.
2. The Arbitrator shall have no power to alter the terms of receiptthis Agreement.
3. Each party will pay its own costs of representation and the cost of a transcript of the arbitration proceedings, if requested.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this SectionThe parties hereto acknowledge that it is usually most desirable for a Teacher and the Teacher's immediately involved supervisor to resolve problems through free and informal communications. When requested by the Teacher, grievances will an Association representative may accompany the Teacher to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the Teacher or the Association, a grievance may be processed in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."follows:
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over Step 1 - A grievance must be presented within thirty (30) days after the application parties become aware of the occurrence that gives rise to the grievance. The Teacher or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the Association may present the grievance in writing to their immediate 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, the grievant and the immediately involved supervisor 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, including the reasons for the decision.
2. 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 fifteen (15) days after receipt of the Step 1 answer. The Superintendent shall arrange with the Association representative for a meeting to take place within five (5) 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) days of the meeting, the Association shall be provided with the Superintendent's written response, including the reasons for the decision.
3. Step 3 - If the grievance is not resolved at Step 2, then the Association may refer the grievance to the Board of Education. The Board shall consider this item at a regular or special meeting within fourteen (14) days after notification from the Association that the Step 2 answer is unacceptable and the reason therefore. This meeting shall be conducted in executive session and each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within five (5) days of the date of meeting, the action or condition giving rise to Association shall be provided with the grievanceBoard's written response, including the reasons for the decision.
4. Step 4 - If the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee Association is not satisfied with the decision disposition of the supervisor and elects to pursue the grievance furtherat Step 3, the employee must within fourteen (14) days of receipt of the decision in Step 1, Association may submit the grievance in writing to final and binding arbitration through the Commanding Officer/Master. This written grievance must include Federal Mediation and Conciliation Service (FMCS), which shall act as the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision administrator of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision.
Step 3proceedings. If the employee a demand for arbitration is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, filed within fourteen thirty (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (1430) days of the date for the Step 3 answer, then the grievance shall be deemed withdrawn.
a. Neither the Board nor the Association shall be permitted to assert any grounds or evidence before the arbitrator which was not previously disclosed to the other party.
b. The arbitrator shall have no power to alter the terms of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receiptthis Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this Section, grievances will be processed in accordance Level 1: Principal or immediate supervisor (Informal). An employee with a grievance shall first discuss the grievance with the following procedureprincipal or immediate supervisor, with the object of resolving the matter informally.
Level 2: Principal or immediate supervisor (Formal). Throughout this If the grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over cannot be resolved informally the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit grievant may file the grievance in writing to their writing, with the building principal or immediate supervisor supervisor. The written grievance shall state the nature of the 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 fourteen twenty (1420) days of from the date of occurrence of the action or condition event giving rise to the grievancegrievance or from the date when the grievant could reasonably have become aware of such occurrence. If The building principal or immediate supervisor shall make a decision on the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit the grievance communicate it in writing to the Commanding Officer/Master. This written grievance must include employee and the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen within ten (1410) days after receipt of the employee's written grievance, provided at the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing request of the decision.
Step 3. If the employee is not satisfied building principal or immediate supervisor, a meeting shall be held with the adjudication grievant to discuss such grievance, in Step 2 and elects which event the building principal or immediate supervisor shall have additional time to pursue the grievance further, within fourteen respond. Such additional time shall not exceed fifteen (1415) days of from receipt of the decision in Step 2, grievance or not later than fourteen ten (1410) days after return to home port, submit from the formal written grievance to the Commanding Officer (CO) date of the applicable Marine Center. A copy of this submission meeting, if held, whichever shall be furnished to the Commanding Officer/Master who lesser. Level 3: In the event a grievance has previously adjudicated not been satisfactorily resolved at the grievance. Within fourteen second level, the grievant may file, within ten (1410) days of the date principal’s or immediate supervisor’s written decision at the second level, a copy of the grievance with the Executive Director of Human Resources or designee. Within seven (7) days after such written grievance is filed, the grievant and the Executive Director of Human Resources or designee shall meet to consider the grievance. The Executive Director of Human Resources or designee shall file an answer within ten (10) days of such meeting and communicate it in writing to the employee and the Union. Level 4: If the grievance is not resolved 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 thirty (30) days from receipt of the grievance, level three answer. The arbitrator shall be selected by the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction 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 accordance with these practices: The Union shall request a list of five (5) arbitrators from the Public Employment Relations Board. The arbitrator shall be selected by the two parties using an alternating strike-through process, with the first strike-through determined by a coin toss and repeating the process until one arbitrator remains. The costs for the services of the arbitrator, and the cost of the hearing room shall be borne equally by the school district and the Union. Expenses relating to either party’s representatives or witnesses, and other expenses incurred by either party in 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 receiptthe close of the hearing(s) unless mutually extended by both the District and the Union. The arbitrator, in his/her decision, shall not amend, modify, nullify, ignore or add to the provisions of the Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her, and his/her decision must be based solely and only upon his/her interpretation of the meaning or application of the expressed relevant language of the Agreement. The decision of the arbitrator shall be final and binding on the parties.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this Section, grievances will be processed in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application 1 - The teacher or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor within fourteen (14) days of the date of the action or condition giving rise to the grievance. If the employee chooses, the employee Association may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit present the grievance in writing to the Commanding Officer/Master. This written 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 must include is not resolved at Step 1, the same information as is required in grievant shall refer the grievance to the Superintendent or official designee who shall have the authority on behalf of the Superintendent to issue a decision on the grievance within fifteen (15) days after the receipt of the Step 1 plus answer or within ten (10) days after the Step 1 meeting, whichever is later. The Superintendent or designee shall arrange for a chronological account of discussions meeting with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Mastergrievant, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision designated members of the grievanceGrievance Committee of the Association, and, at the option of the Superintendent or designee, the supervisor, to take place within five (5) days of his/her receipt of the appeal. Within fourteen 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 Superintendent or designee shall have five (145) days in which to provide his or her written decision with reasons to the grievant and the Association.
Step 3 - If the grievance is not resolved at Step 2, the grievant or the Association shall refer the grievance to the Board within fifteen (15) days after receipt of the employee's written grievance, decision at Step 2. The Board shall arrange for a meeting to take place with the Commanding Officer/Master will adjudicate grievant and the grievance and will inform the employee orally and in writing representative of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance furtherAssociation, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall if any; it should be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction 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) days in which to 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 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, which shall act as the administrator 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 deemed withdrawn.
1. The arbitrator shall have no power to alter the terms of receiptthis Agreement.
2. The arbitrator is empowered to include in any award such financial reimbursements or other remedies he judges to be proper, if provided for by the 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 arbitration and the AAA shall be divided equally between the parties.
4. If either party requests a transcript of the proceedings, that party shall bear the full costs for that transcript. If both parties or the arbitrator requires a transcript, the cost of the transcripts shall be divided equally between the parties.
Appears in 1 contract
Sources: Professional Agreement
Procedures. Under this Section, grievances will be processed in accordance with In the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, event that employee shall submit the grievance in writing to their immediate supervisor within fourteen (14) days of the date of the action or condition giving rise to the grievance. If the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unitfaculty has a grievance, the decision may following steps will be modified followed without bypass:
Step 1: The faculty member will try to resolve that problem through discussion with the building principal. When requested by the Employer at subsequent steps teacher, a building grievance person may accompany the teacher to assist in the grievance procedureinformal resolution of the grievance. When requested by the building principal, another administrator may accompany the principal to assist in the informal resolution of the grievance.
Step 2. : If informal Step One fails to satisfy the employee is not satisfied with teacher, within twenty working days the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit teacher may present the grievance in writing to the Commanding Officer/Masterbuilding principal, who will arrange for a meeting to take place. This written The building grievance must include person, the same information as is required in Step 1 plus a chronological account grievant, the building principal, and, at the option of discussions the principal, another administrator will be present at that meeting. Within five (5) working days the building grievance person and the complainant will be provided with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employeeprincipal's written grievanceresponse, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of including reasons for the decision.
Step 3: Within ten working days of the Step Two answer, and if the grievance is not resolved at Step Two, the JTO grievance representative may refer the grievance to the Superintendent, who shall arrange for a meeting to take place within five (5) days of his 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, the JTO grievance representative, the grievant, and the principal shall be provided with the Superintendent's written response, including the reasons for the decision.
Step 4: Within fifteen (15) working days of receipt of the Superintendent's Step Three answer, and if the grievance is still not resolved, the grievance may be referred to the Board of Education. At this level, neither the administration nor the JTO shall be permitted to assert any evidence that was not previously disclosed to the other party. Within fifteen (15) working days the JTO grievance representative, the grievant, and the principal shall be provided with the Board's written response, including reasons for the decision.
Step 5: If the employee Association is not satisfied with the adjudication in Step 2 and elects to pursue disposition of the grievance furtherat Step Four, within fourteen thirty (1430) days of receipt the Association may submit the grievance to final and binding arbitration under the Voluntary Labor Arbitration Rules of the decision in Step 2American Arbitration Association, which shall act as the administrator of the proceedings.
1. Neither the Board nor the JTO shall be permitted to assert any grounds or evidence before the arbitrator that has not later than fourteen (14) days after return to home port, submit the formal written grievance previously been disclosed to the Commanding Officer (CO) other party.
2. The arbitrator shall have no power to alter the terms of this agreement.
3. Each party shall bear the full costs of its representation in the arbitration. The cost of the applicable Marine Center. A copy of this submission arbitrator and the AAA shall be furnished to divided equally between the Commanding Officer/Master who has previously adjudicated Board and the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receiptJTO.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this SectionSTEP 1: Every effort shall be made to resolve grievances through free and informal communication between the grievant and his/her immediate administrative supervisor. However, grievances will be processed in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever if such informal processes fail to provide an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor within fourteen (14) days of the date of the action or condition giving rise acceptable adjustment to the grievance, grievant may proceed to STEP 2. If the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this AgreementSTEP 2: The grievant, or lawat his/her request the Association on his/her behalf, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit the grievance in writing an executed Grievance Review request form to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus grievant’s immediate administrative supervisor who shall arrange for a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate meeting to be present during adjustment decision of the grievance. Within fourteen take place within seven (147) days after receipt of the employee's form. The grievant, his/her immediate supervisor, and 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 otherwise contribute to an acceptable adjustment of the grievance. The supervisor shall provide the grievant and the Association with a written response to the Grievance Review within seven (7) calendar days after the meeting. STEP 3: If the grievance is not adjusted at Step 2 to the satisfaction of the grievant, then the grievant, or at his/her request the Association acting on his/her behalf, may refer the grievance to the Superintendent no later than ten (10) calendar days after receiving it’s written response in Step 2. The Superintendent shall arrange to meet with the grievant and with representative(s) of the Association unless the Association waives its right to have representative(s) attend the meeting, within ten (10) calendar days after the grievance has been referred to him/her. Both the Superintendent and the grievant may have others present who might contribute to an acceptable adjustment if the grievance, the Commanding Officer/Master will adjudicate . The Superintendent shall provide his written decision concerning the grievance and will inform any adjustment of it to the employee orally grievant and in writing the Association within ten (10) calendar days after the meeting.
A. If the grievance does not involve the interpretation or application of the decision.
Step 3. If terms of the employee Agreement, and if the grievant is not satisfied with the adjudication disposition of his/her grievance at STEP 3; or if the Superintendent has not provided a written decision within the time prescribed in Step 2 and elects STEP 3; then the grievant, or his/her requested Association acting on his/her behalf, may request a meeting with the Board. IF a request for a meeting with the Board is not delivered to pursue the Superintendent within thirty (30) calendar days after the meeting prescribed in STEP 3 is held, the grievance further, shall be deemed withdrawn. The Board or hearing officer appointed by it shall meet within fourteen ten (1410) days of receipt of the decision in Step 2, or not later than fourteen (14) calendar days after return to home port, submit a written request for meeting with the formal written grievance to the Commanding Officer (COgrievant and/or with representative(s) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.of
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this SectionAny grievance or dispute, grievances will be processed in accordance with which may arise between the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over parties, including the application application, meaning or interpretation of this Agreement, law, ruleshall be settled in the following manner: All grievances must be initiated within ten (10) days after the grievant knew, or regulationshould have known, that employee shall submit the grievance in writing to their immediate supervisor within fourteen (14) days of the date act or condition, which is the basis for the grievance. The parties agree that prior to the filing of a grievance at Step One or Two, the concern may be brought forward at any of the action or condition giving rise regularly scheduled meetings of the District Human Resources staff and the representatives of BVCEA with the goal of attempting to problem-solve the concerns. This informal effort will be considered by both parties as extending the time limits of the filing of the formal grievance. If the employee choosesinformal problem solving is not successful, BVCEA may advance the employee may be accompanied by grievance to Step One or Two as appropriate. During the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is processing of a grievance and must contain:
a. Identity and title through the various steps of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2, timely filing must be made or the grievance will be waived. If the employee is not satisfied mitigating circumstances exist, these time limits may be extended by mutual agreement. STEP ONE: A grievance will first be discussed with the decision grievant’s immediate supervisor/administrator with the objective of resolving the supervisor matter informally, at which time the grievant (1) may request that the BVCEA representative, as specified in GBM-R, be in attendance, or (2) may request that the BVCEA representative act in the grievant’s behalf and elects file the formal step one grievance report form with the Human Resources Division. The immediate supervisor/administrator will provide a written answer to pursue the grievance furtherwithin five (5) days and will provide a copy of that decision to the BVCEA President, the employee must UniServ Director, the grievant, the department head and Assistant Superintendent of Human Resources. STEP TWO: If the grievance has not been resolved at step one, it may be appealed in writing by the BVCEA to the Assistant Superintendent of Human Resources in step two of this procedure within fourteen (14) 10 days of from the BVCEA’s receipt of the decision in Step 1, submit the grievance in writing to the Commanding Officer/Mastersupervisor’s answer. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions The Assistant Superintendent and/or representative(s) will meet with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received grievant and invite the delegate to be present during adjustment decision of the grievance. Within fourteen their chosen representative within five (145) days after receipt of the employee's written grievance in an effort to resolve the grievance. STEP THREE: If the grievance has not been resolved at step two, or it no decision has been rendered in writing within ten (10) days after the hearing, the Commanding Officer/Master will adjudicate grievance may be appealed to the grievance and will inform the employee orally and in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, District’s Superintendent within fourteen (14five(5) days of after receipt of the written answer or the ten (10) day period in which no decision in Step 2was rendered. The Superintendent and/or representative(s) will meet with the grievant, or not later than fourteen the BVCEA President and/or the Chief ▇▇▇▇▇▇▇ within ten (1410) days after return to home port, submit receipt of the formal written grievance in an effort to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated resolve the grievance. Within fourteen ten (1410) days after hearing the grievance, the Superintendent will render a written decision and either present it or send it by U.S. Mail to the grievant and to all parties officially present at the hearing, as well as the President of the BVCEA. STEP FOUR: If the grievance has not been resolved at step three, or if no decision has been rendered in writing within ten (10) days after the Superintendent heard the grievance, the BVCEA may request arbitration. Such request must be made within fifteen (15) days after receipt of the written answer or the ten (10) day period in which no decision was rendered. Within ten (10) days of the date of receipt of the grievancedemand for arbitration, the CO of Board and/or representative(s) and the Marine Center BVCEA and/or representatives will select an arbitrator. In the event the parties are unable to agree on an arbitrator, selection shall inform be made in the employee in writing of manner provided below. In the decision. If not satisfied, event the employee may notify the Union and Marine Center Director in writing of their dissatisfaction parties are unable to agree up on an arbitrator within seven (7) days of the date of receipt.ten
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this Section, grievances will be processed in accordance The Board and the Association acknowledge and agree that teachers should first attempt to resolve complaints through informal discussions with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor within fourteen (14) days supervisor. When requested by the teacher, an Association representative may accompany the teacher to assist in the informal resolution of the date of the action or condition giving rise to the grievancecomplaint. If the employee choosesteacher attempts to resolve the complaint by discussion with the immediate supervisor, but the employee issue is not resolved to the satisfaction of the teacher or the Association, a grievance may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance filed and must containprocessed as follows:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired1. The supervisor shall give a written decision within fourteen (14) days. Since teacher or the supervisor is a member of the bargaining unit, the decision Association may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit present the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus immediately involved supervisor who will arrange for a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate meeting to be present during adjustment decision of the grievance. Within fourteen (14) take place within ten days after receipt of the employeegrievance. The written grievance shall specify the contract provisions allegedly violated and the remedies requested by the grievant. The Association's representative and the immediately involved supervisor may be present for the meeting. Within ten days of the meeting, the Earlville Teachers' Association representative shall be provided with the supervisor's written grievanceresponse, including the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of reasons for the decision.
2. If the grievance is not resolved in Step 1, then the Earlville Teachers' Association may refer the grievance to the Superintendent or the Superintendent's official designee within ten days after receipt of the Step 1 answer. The Superintendent shall arrange for a meeting to take place within ten days of the Superintendent's receipt of the Step 2 grievance appeal. Each party shall have the right to include in its representation such witnesses or counselors as it deems necessary. Within ten days of the meeting, the Earlville Teachers' Association shall be provided with the Superintendent's written response, including the reasons for the decision.
3. If the employee Association is not satisfied with the adjudication in disposition of the grievance at Step 2 and elects to pursue or the time limits expire without the issuance of the Superintendent's written reply, the Association may submit the grievance further, to final and binding arbitration. The American Arbitration Association shall act as the administrator of the proceedings. If a demand for arbitration is not filed within fourteen (14) twenty days of the receipt of the decision in Step 22 answer, then the grievance shall be deemed withdrawn.
a. Neither the Board nor the Association shall be permitted to assert any grounds or evidence before the arbitrator which was not later than fourteen (14) days after return to home port, submit the formal written grievance previously disclosed to the Commanding Officer (CO) other party.
b. The arbitrator shall have no power to alter the terms of this agreement. His authority shall be strictly limited to deciding only the issue or issues presented to him by the Board and the Association, and his decision shall be based only upon interpretation of the applicable Marine Centermeaning or application of the express relevant language of the agreement.
c. Each party shall bear the full costs for its representation in the arbitration. A copy The cost of this submission the arbitrator and AAA shall be furnished to divided equally between the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days parties.
d. If either party requests a transcript of the date proceedings, that party shall bear the full cost of receipt that transcript. If both parties order a transcript, the cost of the grievance, two transcripts shall be divided equally between the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receiptparties.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this Section, grievances 1. First Step: An attempt will be processed made to resolve any grievance in accordance with informal, verbal discussion between complainant, accompanied by an Association representative if requested by the following procedurecomplainant, and their immediate superior. Throughout The Association will be informed by the administration of the outcome achieved at this step.
2. Second Step: If any grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreementcannot be resolved informally, law, rule, or regulation, that employee shall submit grievant(s) will file the grievance in writing to their immediate supervisor within fourteen with the principal. Within ten (1410) 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 teachers must specifically state by name each teacher included within the grievance, the nature of the grievance, and the remedy sought for each such teacher at the Step 2 meeting. The filing of the grievance at the second step must be within twenty-five (25) days from the date of the action or condition occurrence of the event giving rise to the grievance. If the employee chooses, the employee may except for grievances pertaining to payroll which must be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision filed within fourteen thirty-five (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (1435) days of the receipt of the initial paycheck involved in the grievance. The principal or other administrator who has authority to make a decision in Step 1, submit on the grievance will make such decision and communicate it in writing to the Commanding Officer/Master. This written grievance must include teacher(s) and the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision Superintendent within ten (10) days of the grievance. Within fourteen (14) days after receipt second step meeting, with a summary of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of reasons for the decision.
Step 3. If Third Step: In the employee is event a grievance has not satisfied with been satisfactorily resolved at the adjudication in Step 2 and elects to pursue second step, the grievance furthergrievant(s) will file, within fourteen ten (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (1410) days of the date of receipt principal’s written decision or answer at the second step, a copy of the grievancegrievance with the Superintendent. Within ten (10) days after such written grievance is filed, the CO aggrieved, representative of the Marine Center shall inform the employee in writing of the decision. If not satisfiedaggrieved as desired, the employee may notify principal and the Union and Marine Center Director in writing of their dissatisfaction Superintendent or designee, will meet to resolve the grievance. The Superintendent, or designee, will file an answer within seven (7) days of the date of receipt.ten
Appears in 1 contract
Sources: Professional Services
Procedures. Under this Section, grievances will be processed in accordance with the following procedure. Throughout this grievance procedure "days" The parties hereto acknowledge that it is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over usually most desirable for a matter arising over the application teacher and his or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their her immediate supervisor within fourteen (14) days to resolve problems through free and informal communications. When requested by the teacher, an Association representative may accompany the teacher to assist in the informal resolution of the date of the action or condition giving rise to the grievance. If the employee choosesIf, however, the employee informal process fails to satisfy the teacher and/or the Association, a grievance may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must containprocessed as follows:
a. Identity 7.2.1 Step 1 The grievant and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision Association may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit present the grievance in writing to the Commanding Officer/Masterimmediately involved supervisor, who will arrange for a meeting to take place within 7 days after the receipt of the grievance. This The written grievance must include shall state the same information as is required in 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 plus a chronological account must be within 20 days from the date of discussions 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 within 6 days after receipt of the Step 1 answer. When The Superintendent or his/her designee shall arrange with the grievant or the Association representative for a written grievance from an employee is received by meeting to take place within 10 days of the Commanding Officer/Master, the CO will inform the shipSuperintendent's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision receipt of the grievance. Within fourteen (14) 8 days after receipt of the employeemeeting, the grievant and the Association shall be provided with the Superintendent's written grievanceresponse, including the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of reasons for the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this SectionThe parties hereto acknowledge it is usually most desirable for an employee and the employee’s immediately involved administrator to resolve problems through free and informal communications. An attempt shall be made to resolve any grievance in informal, grievances will verbal discussion between complainant and his/her immediate supervisor. Then, if requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the Association, a grievance may be processed in accordance as follows:
6.1.1 Step 1 The Assistant superintendent or Principal will arrange for a meeting to take place within ten (10) 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 the meeting, the grievant and the Association shall be provided with written response, including the following procedurereasons for the decision. Throughout this A grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor must be submitted within fourteen fifteen (1415) days of the date of the action or condition giving rise alleged violation. (2001)
6.1.2 Step 2 If the grievance is not resolved at STEP 1, then the Association may refer the grievance to the grievance. If Superintendent, or the employee chooses, the employee may be accompanied by the shipSuperintendent’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title designee within ten (10) days after receipt of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desiredSTEP 1 answer. The supervisor Superintendent shall give a written decision schedule the STEP 2 grievance meeting within fourteen ten (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (1410) days of receipt of the decision in Step 1referral from the Teachers’ Association. The Superintendent, submit or his/her designee, shall file and answer within ten (10) days of the STEP 2 grievance meeting and communicate it in writing to the Commanding Officer/MasterEmployee, the Assistant Superintendent or Principal, and the Association President. This written (2001)
6.1.3 Step 3 If the grievance must include is not resolved at STEP 2, then the same information as is required in Step 1 plus a chronological account Association and the superintendent will refer the grievance to the board of discussions education to be discussed at the next regular board meeting. Within ten (10) days of the meeting, the Grievant and Association shall be provided with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decisionresponse.
6.1.4 Step 3. 4 If the employee teacher or the Association is not satisfied with the adjudication in Step 2 and elects to pursue disposition of the grievance furtherat STEP 3, within fourteen (14) days of receipt the Association may submit the grievance to final and binding arbitration under the Voluntary Labor Arbitration Rules of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit American Arbitration Association which shall act as the formal written grievance to the Commanding Officer (CO) administrator of the applicable Marine Centerproceedings. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen If a demand for arbitration is not filed within thirty (1430) days of the date of receipt of the grievanceSTEP 3 answer, then the CO of the Marine Center grievance shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receiptbe deemed withdrawn.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this SectionAny administrator shall have the right to present his/her grievance through the steps described in the following paragraphs with assured freedom from restraint, grievances will interference, coercion, discrimination or reprisal and shall be processed in accordance entitled to appear at the appeal level.
1. Any administrator who has a grievance shall first orally advise his or her immediate supervisor of its existence within twenty (20) calendar days after its occurrence. The supervisor shall meet with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor administrator within fourteen (14) calendar days of in an attempt to resolve the date of grievance at this level. Within fourteen (14) calendar days after discussion, the action supervisor shall orally make known his or condition giving rise her decision to the grievanceadministrator.
2. If the employee choosesgrievance is not resolved to the satisfaction of the administrator at the level of Step 1, the employee administrator may be accompanied by appeal, within seven (7) calendar days, to the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is Superintendent of Schools in home port. This grievance must clearly state that it is a grievance written statement setting forth specific details and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation specific grounds on which the grievance is based;
d. A description of the grievance; and
e. The corrective action desiredbased and attaching all pertinent documents. The supervisor Superintendent shall give confer with the parties concerned together or separately within seven (7) calendar days. The Superintendent shall render a written decision within fourteen (14) dayscalendar days of such occurrence. Since the supervisor is a member A written statement of the bargaining unit, decision and the decision may supporting reasons shall be modified by sent to the Employer at subsequent steps in aggrieved and the grievance proceduresupervisor.
Step 23. If the employee grievance is not satisfied 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 of the supervisor and elects to pursue the grievance further, the employee must in writing within fourteen twenty-one (1421) calendar days of receipt of the decision in Step 1, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, Board at a regular or special meeting. Copies of the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievanceBoard shall be sent to the aggrieved and to the Superintendent of Schools.
4. Within fourteen (14) days after receipt A grievance which remains unresolved to the satisfaction of the employee's written grievance, Association after the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects Board has rendered its decision may be submitted to pursue the grievance further, arbitration within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.ten
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this SectionA. In the event that a grievant believes there is a basis for a grievance, grievances will the grievant may first discuss the alleged grievance with his/her principal or other appropriate supervisor either personally or accompanied by his/her Association representative.
B. Any employee may present his/her grievance to the District and have such grievance adjusted without the intervention of the Association, as long as the Association has been given an opportunity to be processed in accordance present at that adjustment and to make its views known, and as long as the adjustment is not inconsistent with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation terms of this Agreement, law, rule, or regulation, that employee shall submit .
C. If the grievance is not resolved in writing to their immediate supervisor within fourteen (14) days A or B above, formal grievance procedures may be instituted.
STEP 1. The grievant may invoke the formal grievance procedure through the Association on the grievance form which will be available from the Association representative. A copy of the date of the action or condition giving rise grievance form shall be delivered to the grievanceprincipal or appropriate supervisor. If the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This A grievance must clearly state that it is a grievance and must contain:be filed within twenty
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step STEP 2. If the employee grievant is not satisfied with the decision disposition of the supervisor and elects to pursue grievance, the grievance furthershall 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 employee must grievance shall be transmitted to the Chairman of the School Board within fourteen five (145) 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) days of receipt of the decision in Step 1, submit written disposition of the grievance in writing Board. If the parties cannot agree to the Commanding Officer/Master. This written grievance must include arbitrator within five (5) days from the same information as is required in Step 1 plus a chronological account of discussions with notification date that arbitration will be pursued, the supervisor. When a written grievance from an employee is received arbitrator shall be selected by the Commanding Officer/MasterAmerican Arbitration Association in accordance with its rules, which rules shall likewise govern the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate arbitration proceeding. The parties shall not be permitted to be present during adjustment assert in such arbitration proceeding any ground rule or to rely on any evidence not presented at an earlier step. The decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission arbitrator shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union final and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receiptbinding upon both parties.
Appears in 1 contract
Sources: Collective Bargained Agreement
Procedures. Under this Section, grievances will be processed in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor within fourteen (14) days of the date of the action or condition giving rise to the grievance. If the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must containLEVEL I - Immediate Supervisor:
a. Identity and title Informal: A grievance will first be discussed with the grievant’s immediate supervisor with the objective of resolving the employee;matter informally. The grievant may have a representative present with them at this informal meeting.
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of In the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since event that the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee grievant is not satisfied with the decision disposition of the supervisor and elects to pursue the grievance furthergrievance, the employee must within fourteen (14) days of receipt of the decision in Step 1, they may submit the claim as a formal grievance in writing to the Commanding Officer/Masterimmediate supervisor upon forms provided by the District. This written grievance must include If the same information as is required in Step 1 plus grievant has not filed a chronological account of discussions claim within ten (10) days after speaking with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Masterimmediate supervisor informally, the CO grievance will inform the ship's Union delegate that be deemed to have been waived. If a formal grievance has been received filed, the grievant may either discuss the grievance personally or request that one representative accompany him/her. The immediate supervisor shall within seven (7) days following the meeting to discuss the grievance, render their decision and invite the delegate reason therefore, in writing, to be present during adjustment decision the grievant.
2. Level II - Superintendent or their Designee:
a. If the grievant is not satisfied with the disposition of the grievance. grievance at Level I, or if no decision has been rendered within ten (10) days after presentation of the grievance in writing, the grievant may forward the written grievance to the Superintendent or their designee within the subsequent ten (10) days.
b. Within fourteen seven (147) days after receipt of the employee's written grievancegrievance by the Superintendent, the Commanding Officer/Master will adjudicate Superintendent or their designee shall meet with the grievance grievant and will inform representative(s) in an effort to resolve the matter, and shall render a written decision to the employee orally and in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days after this Level II meeting.
3. Level III - Board of Education: The parties to this Agreement realize that the Board of Education has the right and responsibility to attempt a final resolution of the date grievance. If the grievant is not satisfied with the disposition of receiptthe grievance at Level II, the grievant may forward the written grievance to the Board of Education within ten (10) days. The decision of the Board or its designated subcommittee shall be rendered within twenty (20) days after the receipt of the appeal. If both parties agree that an acceptable disposition of the grievance will most likely not be reached at the Board level this step may be omitted and the parties proceed to Level IV.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this SectionThe parties acknowledge that it is usually most desirable for an employee and the employee's immediate supervisor to resolve problems through informal and free communications. However, grievances will if the informal process fails to satisfy the grievant, a grievance may be processed in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over manner and the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor within fourteen (14) days of the date of the action or condition giving rise to the grievance. If the employee chooses, the employee grievant may be accompanied by the ship’s a Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must containrepresentative:
a. Identity and title of A. Step One
B. Step Two
.1 If the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of not satisfactorily resolved at Step One the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision grievant may be modified by the Employer at subsequent steps in refer the grievance procedure.
Step 2. If to the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must Superintendent within fourteen ten (1410) days of receipt of the Step One answer. The Superintendent shall arrange for a meeting to take place within ten (10) days of receipt of the appeal. Within ten (10) days of the meeting the Superintendent shall make a decision in Step 1, submit writing and communicate it to the grievant and the Union.
.2 If the grievance is a class action grievance pursuant to Section 6.6.4 of this Agreement the Union shall file the grievance in writing to with the Commanding Officer/MasterSuperintendent who shall certify by signature the date the grievance was received. This The written grievance must include shall state the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision nature of the grievance, shall note the specific clause or clauses of the Agreement which are applicable, shall state the names of the individuals for whom the grievance is being filed and shall state the remedy requested. Within fourteen The Superintendent shall arrange for a meeting to take place with the grievants and the Union within ten (1410) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate . The Superintendent shall make a decision on the grievance and will inform the employee orally and communicate it in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer Union within ten (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (1410) days of the date of receipt meeting.
C. Step Three
.1 If within fifteen (15) days of the grievance, the CO filing of the Marine Center demand for arbitration with the Superintendent the parties are unable to agree upon an arbitrator, they shall inform jointly submit a request to the employee in writing Federal Mediation and Conciliation Service for a binding resolution under the Voluntary Labor Arbitration Rules. Arbitration proceedings shall be conducted by an arbitrator to be selected by the two parties from a roster of arbitrators provided by the decisionFederal Mediation and Conciliation Service. If not satisfied, The parties will request the employee may notify the Union Federal Mediation and Marine Center Director in writing Conciliation Service provide a panel of their dissatisfaction within seven (7) days arbitrators. Each party shall have the right to reject an entire panel and request the Federal Mediation and Conciliation Service provide a new panel of seven (7) arbitrators. Each of the date two parties will alternately strike one name at a time from the panel until only one name shall remain. The remaining name shall be the arbitrator.
.2 The decision of receiptthe arbitrator shall be final and binding on the parties. The arbitrator, in his 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 him in writing by the Board and the Union. If the parties are unable to agree upon the specific issue(s) in dispute the arbitrator shall define the issues(s) upon which a decision will be rendered. The arbitrator's decision must be based solely and only upon his interpretation of the meaning or application of the express relevant language contained within the four corners of this Agreement.
.3 Neither the Board nor the Union shall be permitted to assert any grounds or evidence before the arbitrator which has not previously been disclosed to the other party.
.4 The parties shall equally share the cost of the arbitrator and the Federal Mediation and Conciliation Service. If either party requires a transcript of the proceedings that party shall bear full costs for that transcript. If both parties order a transcript the costs of the two transcripts shall be divided equally between the parties. If only one party requests the postponement of an arbitration hearing, that party shall bear the costs of such postponement.
.5 Each party shall bear the full costs of its representation in the grievance procedure.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this SectionThe 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, grievances will provided the Bargaining Representative has been given an opportunity to be present at such adjustment. The informal disposition of problems in no way prohibits the Association from filing a grievance, nor does it establish a precedent. However, a grievance shall be processed as follows:
Step I The grievant shall present the grievance in accordance writing, signed, dated and specifying the remedy sought, to the administrator within (10) days of the occurrence, or date the grievant had knowledge of the occurrence, whichever is later, stating the Article and Section of the Agreement alleged to have been violated. The administrator will arrange for a meeting to take place within ten (10) days of receipt of the grievance. Within ten (10) days of the meeting, the grievant shall be provided with the following procedure. Throughout this grievance procedure "days" is defined as "workdaysadministrator’s written response, including reasons for the decision."
Step 1II Failing to reach an amicable resolution at Step I, the grievant may request a hearing on the grievance with the Willow Grove Board of Education. Whenever an employee considers themselves aggrieved over The request for a matter arising over Step II hearing with the application or interpretation Board of this Agreement, law, ruleEducation shall be submitted to the Board of Education President within ten (10) days of the administrator’s written response at Step I, or regulationthe grievance shall be deemed to have been withdrawn. Within thirty (30) days of the request for a hearing, that employee 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 hearing, the grievant shall 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 at Step II, the Association may submit the grievance in writing to their immediate supervisor binding arbitration with the American Arbitration Association which shall act as the administrator of the proceedings. If a demand for arbitration is not filed with the Board within fourteen thirty (1430) days of the date of the action Step II answer, then the grievance shall be deemed to have been withdrawn.
A. The Arbitrator shall have no right to amend, modify, nullify, ignore, add to or condition giving rise to subtract from the grievance. If the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection provisions of this Agreement. The arbitrator shall consider and decide only the specific issues submitted to him/her in writing, or law, rule, or regulation on which grievance is based;
d. A description and his/her decision shall be based solely upon his/her interpretation of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member meaning or application of the bargaining unit, specific terms of this Agreement to the decision may be modified by facts of the Employer at subsequent steps grievance presented.
B. Each party shall bear the full costs for its representation in the grievance procedure.
Step 2C. The fees and expenses of the arbitrator shall be shared equally by the parties.
D. If only one party requests the presence of a court reporter; that party shall bear the cost of the reporter. If both parties request a court reporter, they shall share the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decisioncosts.
Step 3. E. If only one party requests the employee is not satisfied with postponement of an arbitration hearing, that party shall bear the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days cost of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receiptsuch postponement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this SectionA 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, grievances will Academic Chair, Assistant ▇▇▇▇, Director, or ▇▇▇▇, it shall be processed in accordance with 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 following procedure. Throughout this grievance procedure "days" is defined as "workdaysUnion may mutually agree to process grievances initially at Step 3."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor within fourteen Within ten (1410) days of the date event giving rise to the grievance or after the part-time faculty member reasonably should have known of the action or condition event giving rise to the grievance. If the employee chooses, the employee aggrieved part-time faculty member (or the Union with the part-time faculty member’s express permission) may be accompanied by submit a written grievance to the shippart-time faculty member’s Union delegate when at sea immediate supervisor in the part-time faculty member’s chain of command, or by designee, with a copy to the ship’s Union delegate Executive Director of Human Resources, or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Sectiondesignee, and subsection of this Agreementthe Union. The immediate supervisor, or lawdesignee, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give schedule a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied meeting with the decision of the supervisor and elects part-time faculty member to pursue the grievance further, the employee must be held within fourteen ten (1410) days of receipt of the decision written grievance, but this meeting may be waived by mutual agreement in writing between the Union and Management. The immediate supervisor, or designee, shall submit a written answer to the aggrieved part-time faculty member within ten (10) days of such meeting or the date of the agreement to waive the meeting, and provide a copy of the answer to the Executive Director of Human Resources, or designee, and the Union. Management and the Union may agree to resolve a grievance on a non-precedential basis.
Step 2. In the event the grievance is not satisfactorily adjusted at Step 1, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance furtherUnion, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.ten
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this SectionSTEP I An aggrieved paraprofessional shall present the grievance, grievances will be processed in accordance with orally, to the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor Immediate Administrative Supervisor within fourteen ten (1410) working days of the date occurrence or knowledge of the action or condition giving rise event from which the grievance arises. The aggrieved paraprofessional shall identify to the grievanceImmediate Administrative Supervisor that a grievance is being instituted. The Immediate Administrative Supervisor shall, if possible, resolve the grievance informally to the satisfaction of the aggrieved paraprofessional within ten (10) working days after initial discussion with the aggrieved paraprofessional.
STEP II If the employee chooses, grievance cannot be resolved informally in Step I to the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title satisfaction of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Articleaggrieved paraprofessional within ten (10) working days, Sectionthen the aggrieved paraprofessional may, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen ten (1410) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) working days of receipt of the decision in Step 1thereafter, submit the grievance in writing to the Commanding OfficerImmediate Administrative Supervisor. The writing shall set forth the events giving rise to the grievance, the provision of the Agreement thought to have been violated, misinterpreted, or inequitably applied, and the desired remedy. The Immediate Administrative Supervisor shall reevaluate his/Master. This written grievance must include the same information as is required her decision in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from I, and submit an employee is received by the Commanding Officer/Masteranswer in writing, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen within ten (1410) days after receipt of the employee's written grievance, . A copy of the Commanding Officer/Master will adjudicate the written grievance and will inform response shall be submitted by the employee orally and in writing of Immediate Administrative Supervisor to the decisionSuperintendent.
Step 3. STEP III If the employee aggrieved paraprofessional is not satisfied with the adjudication answer received, or if an answer is not received in Step 2 and elects to pursue II, the grievance furtherin writing, accompanied by a signed letter indicating the desire of the aggrieved paraprofessional to move to Step III, may be presented to the School Superintendent. The Superintendent shall within fourteen ten (1410) working days of the receipt of the decision written grievance, arrange a meeting with the aggrieved paraprofessional. The Superintendent shall give the aggrieved paraprofessional a written answer to the grievance within ten (10) working days after the date of such meeting.
STEP IV If the aggrieved paraprofessional is not satisfied with the written answer resulting from Step III, or if no answer is received, the aggrieved paraprofessional may within ten (10) working days following the expiration of the time provided in Step 2III, or submit a written request to the Superintendent for a hearing of the grievance by the Board of Education at its next scheduled conference meeting following the receipt of the request or, in any event, not later than fourteen fifteen (1415) working days following the receipt of the request by the Superintendent. The Superintendent shall schedule a meeting for the hearing of the grievance and shall advise the aggrieved paraprofessional of the time, date and place of the meeting not less than ten (10) working days prior to the scheduled meeting date. The President of the Board of Education shall, within ten (10) working days following the hearing, submit an answer to the aggrieved paraprofessional.
a. If the aggrieved paraprofessional is not satisfied with the disposition of his/her grievance at Step IV, or if no decision has been rendered within the period specified in Step IV, the aggrieved paraprofessional may, within ten (10) working days after a decision by the Board of Education or the expiration of the time provided in Step IV, request in writing that the Association submit its grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within fifteen (15) working days after receipt of a request by the aggrieved paraprofessional and shall, prior to submission of the grievance to arbitration, notify the Board of Education of such decision.
b. Within ten (10) working days after such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or obtain such a commitment within the specified period, a request for a list of arbitrators may be made to the New Jersey Public Employment Relations Commission by either party. The parties shall then be bound by the rules and procedures of PERC in the selection of an arbitrator.
c. The arbitrator so selected shall confer with the representatives of the Board and the Association and hold hearings promptly and shall issue his/her decision not later than twenty (20) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of from the date of receipt the close of the grievancehearings, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfiedor, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of if oral hearings have been waived, then from the date of receiptthe final statements and proofs on the issues are submitted to him/her. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning and conclusion on the issues submitted. The arbitrator shall be without power or authority to make any decision(s) which require(s) the commission of an act prohibited by law or which is violative of the terms of this Agreement. The decision of the arbitrator shall be submitted to the Board and the Association and shall be advisory.
d. The costs for the services of the arbitrator, including the per diem expenses, if any, and actual and necessary travel, subsistence expenses, and the cost of the hearing room, shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this SectionThe 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, grievances will be processed an Association representative may accompany the faculty member to assist in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation informal resolution of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor within fourteen (14) days of the date of the action or condition giving rise to the grievance. If the employee choosesIf, however, the employee informal process fails to satisfy the faculty member or the Association, a grievance may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must containprocessed as follows:
a. Identity and title of A. Step One: The faculty member or the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision Association may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit present the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus immediately involved supervisor, who will arrange for a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate meeting to be present during adjustment decision of the grievance. Within fourteen (14) take place within 10 college days after receipt of the employeegrievance. The grievance shall be submitted within 15 college days of when the occurrence might reasonably have been ascertained. If the grievant requests, they 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 10 college days of the meeting, the grievant and the Association shall be provided with the supervisor's written grievanceresponse, including the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of reason(s) for the decision.
B. Step 3. Two: If the employee 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 their designee, shall arrange with the Association representative for a meeting to take place within 10 college days of receipt of the appeal. Within 10 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.
C. Step Three: If the Association is not satisfied with the adjudication in Step 2 and elects to pursue disposition of the grievance further, within fourteen (14) days of receipt at Step Two or the time limits expire without the issuance of the decision in Step 2President's or designee's written reply, the Association may submit the grievance to binding arbitration. The arbitrator shall be selected from a panel or panels to be secured from the American Arbitration Association (AAA). The arbitrator's award shall be binding. If a demand for arbitration is not later than fourteen (14) filed within 20 college days after return the date for the Step Two answer, then the grievance shall be considered withdrawn. In connection with any such arbitration, it is agreed as follows:
1. That the arbitrator shall have no power to home port, submit alter or enlarge the formal written grievance to terms of this Agreement.
2. Each party shall bear the Commanding Officer (CO) full costs for its representation in the arbitration. The cost of the applicable Marine Center. A copy of this submission arbitrator and the AAA shall be furnished to divided equally between the Commanding Officer/Master who has previously adjudicated the grievanceparties.
3. Within fourteen (14) days If either party requests a transcript of the date proceedings, that party shall bear the full costs of receipt of the grievancethat transcript. If both parties order a transcript, the CO of cost shall be divided equally between the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receiptparties.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this Section1. All grievances shall include the name and position of the aggrieved party, grievances will a citation of the provision of the agreement involved in the said grievance, the time when and the place where the alleged events or conditions constituting the grievance existed, the identity of the party responsible for causing the said events or conditions, if known to the aggrieved party, and a general statement of the nature of the grievance and the redress sought by the aggrieved party.
2. Except for informal decisions at Stage 1a, all decisions shall be processed rendered in accordance writing at each step of the grievance procedures, setting forth findings of fact conclusions, and supporting reasons thereof. A copy of the decision at each stage shall be promptly transmitted to the aggrieved party and the Association President.
3. If a grievance affects a group of teachers or appears to the association to be connected with system-wide policies, it shall be submitted to the administrator with the following request that it be transmitted directly to the Superintendent.
4. The District and Association agree to facilitate any investigation which may be required and to make available all relevant documentation not regarded in law as restricted. This includes but is not limited to District logs as referred to in this agreement.
5. The preparation and processing of grievances shall be done as promptly as possible and at mutually accepted times.
6. An aggrieved party and any party of interest shall have the right at Stages 2 and 3 of a grievance to question all present, to testify and call witnesses on the parties own behalf, and to be furnished with a copy of any notes of the proceedings.
7. No interference, coercion, restraint, discrimination, or reprisal of any kind shall be exercised against any participant in the grievance procedures.
8. Necessary forms to implement all phases of the grievance procedure shall be developed and printed by the Association and the District.
9. All documentation dealing with the processing of a grievance shall be filed in a separate grievance file.
10. The grievant may choose a representative to accompany the grievant at all stages of the grievance procedure. Throughout At the opening informal stage, the representative may act as a witness but may not speak.
11. The Superintendent shall be responsible for maintaining an Official Grievance Record which shall consist of written grievances, exhibits, transcripts, any official notes and briefs. The Record shall be available to the aggrieved party, the Association, and the Board of Education.
12. Official minutes shall be kept of all proceedings at Stage 2 and 3 and a copy given to the aggrieved party and the Association within five (5) days.
13. Nothing in this grievance procedure "days" shall be construed as preventing a teacher from processing a grievance independent of the Association.
14. A grievance shall be regarded as waived unless it is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor submitted within fourteen thirty (1430) days of the date time when the aggrieved party knew or should have known of the action event or condition giving rise to the grievanceon which it is based.
15. If the employee choosesUnless all time limits and steps are complied with, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedureterminate.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.
Appears in 1 contract
Sources: Professional Agreement
Procedures. Under this Section, The adjustment of grievances will be processed in accordance 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 following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee time limits shall submit 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 writing to their 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 fourteen twenty (1420) days of the date occurrence of the action event upon which the grievant became aware or condition giving rise 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 grievancegrievance in an informal manner. If the employee choosesgrievant is dissatisfied with the outcome of the initial private conference, the employee 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 ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home portgrievance committee. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title Every effort should be made to develop an understanding of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, facts and subsection of this Agreement, or law, rule, or regulation on issues in order to create a climate which grievance is based;
d. A description of the grievance; and
e. The corrective action desiredwill lead to a solution. The supervisor formal conference shall give a written decision occur within fourteen five (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (145) days of receipt of the decision in Step 1, submit written request or the informal conference. In the event that the grievance is not resolved at ▇▇▇▇▇ ▇, the grievant may within ten (10) days appeal the matter in writing to the Commanding Officer/MasterSuperintendent of the District or another administrator provided by the ESD when the grievant’s immediate supervisor is also the Superintendent. This written grievance must include The Superintendent, the same information as is required in Step 1 plus a chronological account of discussions Superintendent’s designated representative, or other named administrator shall confer with the supervisorgrievant in an effort to meet a satisfactory solution within a reasonable time limit. When a written grievance from an employee is received by If the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has not been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen resolved within ten (1410) 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 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 employee's written grievancerequest, confer with the Commanding Officer/Master will adjudicate grievant and within five (5) days, render a decision to be submitted to the grievant in writing. In the event that the grievance and will inform is not settled by the employee orally and in writing disposition of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance furtherBoard, then within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.five
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this SectionThe parties hereto acknowledge that it is usually most desirable for an Employee and the Employee’s immediately involved supervisor to resolve problems through free and informal communication. If, grievances will however, the informal process fails to satisfy the Employee or the Association, a grievance may be processed in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."follows:
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over The Employee or the application or interpretation of this Agreement, law, rule, or regulation, that employee Association shall submit present the grievance in writing to their immediate the immediately involved supervisor within fourteen twenty (1420) days of the date occurrence of the action grievance or condition giving rise to within twenty (20) days of when such occurrence might reasonably have been ascertained. The grievance shall be in writing, setting forth the grievance. If nature of the employee choosesoccurrence, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title specific provisions of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, Agreement claimed to have been violated and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desiredremedy requested. The supervisor Superintendent shall give designate an immediate supervisor(s) for each Employee classification. The Superintendent’s designee shall arrange for a written decision meeting to take place within fourteen seven (147) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee grievance is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in resolved at Step 1, submit then the Employee or the Association may refer the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen Superintendent or designee within ten (1410) days after receipt of the employee's written grievanceStep 1 answer. The Superintendent or designee shall arrange with the Association representative for a meeting to take place within seven (7) days after receipt of the appeal. Within ten (10) days after such meeting, the Commanding Officer/Master will adjudicate Employee and the grievance and will inform Association shall be provided with the employee orally and in writing written response of the decisionSuperintendent or designee.
Step 3. If the employee Association is not satisfied with the adjudication in Step 2 and elects to pursue disposition of the grievance further, within fourteen (14) days of receipt of the decision in at Step 2, or not later than fourteen (14) days after return to home port, the Association may submit the formal written grievance to the Commanding Officer (CO) final and binding arbitration. The American Arbitration Association shall act as administrator of the applicable Marine Centerproceedings. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen If a demand for arbitration is not filed within thirty (1430) days of the date of receipt of on which the grievanceStep 2 answer was due, then the CO of grievance shall be deemed withdrawn. Neither the Marine Center Board nor the Association shall inform be permitted to assert any grounds or evidence before the employee in writing of Arbitrator which was not previously disclosed to the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receiptother party.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this Section, grievances will be processed in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an An employee considers themselves aggrieved over having a matter arising over the application or interpretation of this Agreementgrievance may, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor within fourteen ten (1410) days following the occurrence of the date of the action or condition event giving rise to the grievance. If , present the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer ▇▇▇▇, Director or Department Chair setting forth the complete facts on which the grievance is based, the specific provision or provisions allegedly violated, and the relief requested. The Division of Human Resources shall schedule a meeting between the grievant, the grievant's ▇▇▇▇▇▇▇/AFSCME Employee Representative, grievant's supervisor, and any other appropriate individual within ten (CO10) days following receipt of the applicable Marine Centergrievance if no postponement is requested, or receipt of written notice that the grievant wishes to proceed with the Step 1 meeting if a postponement was previously requested. A copy of this submission The grievant shall be furnished have the right to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days present any evidence in support of the date of receipt grievance at this meeting. If the meeting does not result in resolution of the grievance, the CO ▇▇▇▇, Director or Department Chair will proceed with processing the grievance and issuing a written decision, stating the reasons therefor, to grievant's ▇▇▇▇▇▇▇/AFSCME Employee Representative within ten (10) days following the receipt of the Marine Center shall inform grievance or the employee in writing conclusion of the decisionmeeting, unless an extension has been granted. If not satisfiedan extension was granted, the employee decision shall be issued by the agreed upon date. A copy of the decision shall be sent to the grievant and to the Local AFSCME President if grievant elected not to be represented by AFSCME. In the absence of an agreement to extend the period for issuing the Step 1 decision, the grievant may notify proceed to Step 2 if the Union and Marine Center Director in writing grievant's ▇▇▇▇▇▇▇/AFSCME Employee Representative has not received the written decision by the end of their dissatisfaction the 10th day following the conclusion of the Step 1 meeting.
1. If the grievance is not satisfactorily resolved at Step 1, the grievant may file a written request for review with the Vice President of Human Resources/designee within seven ten (710) days following receipt of the date Step 1 decision by grievant's ▇▇▇▇▇▇▇/AFSCME Employee Representative. When the grievance is eligible for initiation at Step 2, the grievance form must contain the same information as a grievance filed at Step 1 above. The Vice President of receiptHuman Resources/designee and grievant's AFSCME Staff Representative shall schedule a meeting for the purpose of reviewing the matter.
2. The Vice President of Human Resources/designee shall issue a written decision, stating the reasons therefor, to grievant's ▇▇▇▇▇▇▇/AFSCME Staff Representative within ten (10) days following the receipt of the grievance or the conclusion of the meeting. In the absence of an agreement to extend the period for issuing the Step 2 decision, AFSCME may proceed to Step 3 if the ▇▇▇▇▇▇▇/AFSCME Staff Representative has not received the written decision by the end of the 10th day following the conclusion of the Step 2
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this SectionThe parties acknowledge that an Association member and the Administration/Board may resolve problems through free and informal communications. However, grievances will should a grievance occur, the steps below shall be processed in accordance with followed. During the following proceduresummer, time limits shall be business days rather than school days. Throughout this By mutual agreement, any step of the grievance procedure "days" is defined as "workdays."
Step 1may be bypassed. Whenever an employee considers themselves aggrieved over If no written decision has been rendered within the time limits indicated by a matter arising over the application or interpretation of this Agreementstep, law, rule, or regulation, that employee shall submit then the grievance in writing shall be automatically appealed to their immediate supervisor the next step. STEP ONE: The filing of a formal, written grievance must be within fourteen twenty (1420) days of from the date of the action or condition occurrence(s) of the event giving rise to the grievance. If The Association or the employee chooses▇▇▇▇▇▇▇▇ shall present the grievance to the immediately involved supervisor, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is who will arrange for a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description meeting to take place within ten (10) days after receipt of the grievance; and
e. The corrective action desired. The grievant and/or the Association's representative and the immediately involved supervisor shall give a written decision within fourteen be present for the meeting. Within ten (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (1410) days of receipt of the decision in meeting, the Association shall be provided with the supervisor's written response, including the reasons for the decision. STEP TWO: If the grievance is not resolved at Step 1One, submit then the Association may refer the grievance in writing to the Commanding Officer/Master. This written grievance must include Superintendent or the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the shipSuperintendent's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen official designee within ten (1410) days after receipt of the employeeStep One answer. The Superintendent shall arrange, with the Association representative, for a meeting to take place within ten (10) days of the Superintendent's receipt of the appeal. Within ten (10) days of the meeting, the Association shall be provided with the Superintendent's written grievanceresponse, including the reasons for the decision. STEP THREE: If the grievance is not resolved at Step Two, then the Association may refer the grievance in writing to the Board within ten (10) days after receipt of the Step Two answer. The grievance shall be heard at the next regularly scheduled Board meeting unless such meeting is less than 5 (five) days from the receipt of the Association’s written notice in which case the grievance shall be heard at the next following regularly scheduled meeting. Following such a meeting, the Commanding Officer/Master will adjudicate Board shall issue a decision on the grievance and will inform the employee orally and in writing of the decision.
Step 3within ten (10) days. STEP FOUR: If the employee Association is not satisfied with the adjudication in Step 2 and elects to pursue disposition of the grievance furtherat Step Three, the Association may submit the grievance to final and binding arbitration. The Association may submit, in writing, a request on behalf of the Association and the grieving TRS Eligible Licensed Professional member to the Superintendent within fourteen thirty (1430) days of from the receipt of the decision in Step 2, or not later than fourteen (14) days after return Three answer to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Centerenter into such arbitration. A copy of this submission The arbitration proceedings shall be furnished conducted by an arbitrator to be selected by the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction two parties within seven (7) days of the date of receipt.ten
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this SectionThe 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. When requested by the teacher, grievances will be processed a Union representative may accompany the teacher to assist in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation informal resolution of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor within fourteen (14) days of the date of the action or condition giving rise to the grievance. If the employee choosesIf, however, the employee informal process fails to satisfy the teacher or the Union, a grievance may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must containprocessed as follows:
a. Identity and title of Step #1 The teacher or the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit present the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus principal who will arrange for a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate meeting to be present during adjustment decision of the grievance. Within fourteen take place within seven (147) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission union representative, if desired by the teacher, and the principal shall be furnished to present for the Commanding Officer/Master who has previously adjudicated the grievancemeeting. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction 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 satisfactorily at Step #1, then the grievant may refer the grievance to the Superintendent or his/her official designee within six (6) days after the receipt of the Step #1 answer. The Superintendent shall arrange with the grievant or the Union for a meeting to take place within ten (10) days of the Superintendent’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within ten (10) days of the meeting, the employee or the Union shall be provided with the Superintendent’s written response, including the reasons for the decision. Step #3 – Should the grievant not be satisfied with the disposition of the grievance at Step #2, the grievant may within ten (10) working days of receiving the decision appeal to the Board of Education. This appeal, directed to the secretary of the Board, will be in writing and will be accompanied by a copy of the complaint and the decision rendered at Step #2. The Board will meet on the matter at the regularly scheduled board meeting, providing the appeal is received by the Board Secretary at least forty-eight (48) hours before the regularly scheduled meeting of the Board. This meeting will consist of the Board, Superintendent, Complainant, and his/her Union representative, if desired. Within five (5) working days after the meeting, the Board will provide a written decision, with supporting reasons, to all parties involved. Step #4 – If the Union is not satisfied with the disposition of the grievance at Step #3, then attorneys from both sides will meet to arrive at a resolution. Each attorney’s costs will be at each organization’s own expenses. Step #5 – If the Union and/or Board are not satisfied with the disposition of the grievance at Step #4, the Union and/or board may submit the grievance to final and binding arbitration. If a request for arbitration is not filed within thirty (30) days of the date for the Step #4 answer, then the grievance shall be deemed withdrawn. Expenses for the Arbitrator’s services shall be borne equally by the Board and Union. The arbitration proceeding shall be conducted by an Arbitrator to be selected by the two parties within seven (7) days. The American Arbitration Association of
A. No teacher shall be required to discuss any grievance in the absence of receipta representative unless said teacher so desires.
B. No reprisals of any kind shall be taken by the Board or the Union against a teacher because of his/her participation in this grievance procedure.
C. All records dealing with the process of a grievance shall be filed separately from the personnel files of the participants.
D. The time limits at the step of this grievance procedure may be extended by written mutual agreement.
E. A grievant may withdraw a grievance at any time without prejudice.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this SectionThe parties hereto acknowledge that it is usually most desirable for an educator and his/her immediately involved supervisor to resolve problems through free and informal communications. If such informal processes fail to resolve the grievance, grievances will the grievance may be processed in accordance with the following procedure. Throughout this grievance procedure "days" is defined resolved as "workdays."follows:
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee STEP ONE - The grievance shall submit the grievance in writing to their immediate supervisor be presented within fourteen (14) days of the date event complained of or of the action or condition giving rise date when the grievant might reasonably have known of such event. The supervisor will arrange for a meeting to take place within eight (8) days following receipt of the grievance. If The written grievance should state the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description nature of the grievance; and
e. The corrective action desired, should note the specific clause or clauses of the agreement allegedly violated, and should state the remedy requested. The aggrieved educator, an Association representative and the immediately involved supervisor shall give be present for the meeting. The Supervisor shall provide a written decision answer with reasons to the aggrieved educator, the Association and the Superintendent within fourteen ten (1410) days.
2. Since STEP TWO - If the supervisor grievance is a member not resolved at Step #1, then the educator shall refer the grievance to the Superintendent within six (6) days after receipt of the bargaining unitStep #1 answer or within eight (8) days after the Step #1 meeting, whichever is the later. The Superintendent shall arrange for a meeting with the educator and the Association representative to take place within five (5) days of his receipt of the appeal. The Superintendent shall file an answer within ten (10) days of the Step #2 grievance meeting and communicate it in writing to the educator, the decision may be modified by principal, and the Employer at subsequent steps in Association.
3. STEP THREE - If the grievance procedure.
Step 2. If the employee is not satisfied resolved at Step #2, then the educator shall refer the grievance to the School Board within six (6) days after receipt of the Step #2 answer. The School Board shall arrange for a meeting with the decision of educator and the supervisor and elects Association representative to pursue the grievance further, the employee must take place within fourteen thirty (1430) days of receipt of the decision in appeal. The School Board shall file an answer within ten (10) days of the Step 1, submit the #3 grievance meeting and communicate it in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Mastereducator, the CO will inform Superintendent, and the ship's Union delegate that a Association.
4. STEP FOUR - If the grievance has been received is not resolved satisfactorily to the educator and invite the delegate to be present during adjustment decision of the grievance. Within fourteen Association within thirty (1430) days after receipt of the employeewritten reply from Step #3 the Association may submit in writing a request to enter into binding arbitration. The American Arbitration Association will be requested to provide a panel of arbitrators.
a. The Arbitrator, in his opinion, shall not amend, modify, nullify, ignore or add to the provisions of the Agreement. His authority shall be strictly limited to deciding only the issue or issues presented to him in writing by the School Board and the Association and his decision must be based solely upon his interpretation of the meaning or application of the express relevant language of the Agreement.
b. Expenses for the Arbitrator's written grievanceservices and the expenses which are common to both parties to the arbitration shall be borne equally by the Board and the Association. Each party to an arbitration proceeding shall be responsible for compensating its own representatives and witnesses.
c. Neither the Board nor the Association shall be permitted to assert any grounds or evidence before the Arbitrator which was not previously disclosed to the other party.
d. The parties shall jointly request the American Arbitration Association, the Commanding Officer/Master will adjudicate Federal Mediation and Conciliation Service or the grievance Illinois Education Labor Relations Board to submit to them a list of five (5) arbitrator's names and will inform qualifications. Either party may reject one list in its entirety and request that another list be submitted. From such a list, the employee orally party initially requesting the arbitration shall strike two names and in writing of the decision.
Step 3other party shall then strike two names. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission The person whose name remains shall be furnished the arbitrator. The arbitrator selected shall be jointly notified of his selection and requested to contact the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receiptparties with respect to setting up a time for a hearing.
Appears in 1 contract
Sources: Professional Negotiation Agreement
Procedures. Under this Section, grievances will be processed in accordance with the following procedure. Throughout this grievance procedure "days" The parties hereto acknowledge that it is defined as "workdays."
Step 1. Whenever usually most desirable for an employee considers themselves aggrieved over a matter arising over and the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their employee's immediate supervisor within fourteen (14) days to resolve problems through free and informal communications. When requested by the employee, an M.E.E.A. representative may accompany the employee to assist in the informal resolution of the date of the action or condition giving rise to the grievance. If the employee choosesIf, however, the employee informal process fails to satisfy the employee, a grievance may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must containprocessed as follows:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. STEP I - The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision employee may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit present the grievance in writing to the Commanding Officer/Masterimmediately involved supervisor within twenty school days of the occurrence which precipitated the grievance, or within twenty school days of when the Association became aware of the occurrence which precipitated the grievance. This written grievance must include A meeting may be required to discuss the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision specific details or merits of the grievance. Such a meeting would include the M.E.E.A. representative, the grievant, and the immediately involved supervisor. Within fourteen (14) 2 days of this meeting, if held, or within five days of receipt of the written grievance, the grievant and the M.E.E.A. shall be provided with the supervisor's written response, including the reasons for the decision, where pertinent and appropriate.
b. STEP II - If the grievance is not resolved at Step I, then the employee may refer the grievance to the superintendent or the superintendent's official designee within 15 days after receipt of the employeeStep I answer. The superintendent shall arrange with the M.E.E.A. representative for a meeting to take place within 5 days of the superintendent's receipt of appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary. Within 5 days of the meeting, the employee shall be provided with the superintendent's written grievanceresponse, including the Commanding Officer/Master will adjudicate reasons for the decision, where pertinent and appropriate.
c. STEP III - If the grievance is not resolved in Step I and will inform II, then the employee orally and in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue may refer the grievance further, to the Board within fourteen (14) 15 days of after receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit II answer. The Board shall arrange with the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) M.E.E.A. representative for a meeting within 5 days of the date of Board's receipt of the grievance, appeal. Each party shall have the CO right to include in its representation such witnesses and counselors as it deems necessary. Within 5 days of the Marine Center shall inform the employee in writing of the decision. If not satisfiedmeeting, the employee may notify shall be provided with the Union Board's written response, including the reasons for the decision, where pertinent and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receiptappropriate.
Appears in 1 contract
Sources: Professional Agreement
Procedures. Under this SectionThe parties hereto acknowledge that it is usually most desirable for an employee's and the employee's immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, grievances will an Association representative may accompany the employee to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the employee or the Association, a grievance may be processed in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."follows:
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation a) The filing of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing at the first step must be within a reasonable length of time, but not to their immediate supervisor within fourteen exceed ten (1410) school days of from the date of the action or condition occurrence of the event giving rise to the grievance. If The written grievance should state the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description nature of the grievance; and, should note the specific clause or clauses of the Agreement allegedly violated, and should state the remedy requested.
e. b) The corrective action desiredgrievant shall file the grievance in writing with the immediately involved supervisor, who will arrange for a meeting to take place within ten (10) school days after the receipt of the grievance. The Association representative, whether requested by the grievant or not, the grievant, and the immediately involved supervisor shall give a written decision within fourteen may be present for the meeting. Within ten (1410) days. Since the supervisor is a member school days of the bargaining unitmeeting, the decision grievant and the Association shall be provided with the supervisor's written response, including the reasons for the decisions.
c) If the grievance is not resolved in step one, then the grievant may refer the grievance to the Superintendent or the Superintendent's official designee within ten (10) school days after the step one response or within ten (10) school days after the step one meeting, whichever is the later. The Superintendent shall arrange with the grievant for a meeting to take place within ten (10) school days of the Superintendent's receipt of the appeal. Each party shall have the right to include in the representation such witnesses and counselors as it deems necessary. Within ten (10) school days of the meeting, the grievant and the Association shall be modified provided with the Superintendent's written response, including the reasons for the decision.
d) If the grievance is not resolved in step two, then the grievant may refer the grievance to the Board. The grievance is to be filed with the secretary of the Board within a reasonable length of time after receipt of the response in step two, but not to exceed twenty (20) school days of the answer received in step two. The grievance shall be placed on the agenda for presentation by the Employer Association at subsequent steps the next regularly scheduled Board meeting in Closed Session. Within ten (10) school days of the grievance proceduremeeting, the grievant and the Association shall be provided with the Board's written response, including the reasons for the decision.
Step 2. e) If the employee Association is not satisfied with the decision disposition of the supervisor and elects to pursue the grievance furtherat step three, the employee must within fourteen (14) days of receipt of the decision in Step 1, Association may submit the grievance in writing to final and binding arbitration within thirty (30) days to the Commanding Officer/Master. This written grievance must include American Arbitration Association which shall act as the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision administrator of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decisionproceedings.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this Section, grievances will be processed in accordance Step #1: The employee or the Association shall submit on a standardized grievance form (enclosed with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over contract) to the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor the listed grievance. Such communication shall take place within fourteen (14) 30 days of the date grievant’s knowledge of the action or condition giving rise alleged violation. The supervisor shall within 10 days of his receipt of the grievance, arrange for a meeting with the grievant to take place for a clarification of the grievance. If A representative of the employee choosesAssociation 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 unsatisfactory disposition of his grievance from his immediate supervisor, the employee may arrange a conference with the Director of Schools, which shall be accompanied by scheduled within 5 days of the shipDirector’s Union delegate when at sea or by receipt of such request. The immediate supervisor, the ship’s Union delegate or Union port official grievant, and a representative of the Association, if the ship is in home portgrievant requests the presence of a representative, shall attend the conference. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of Either party may bring witnesses as the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of sides deem necessary. After hearing the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unitdiverse sides, the decision may be modified by Director shall within 5 days submit his written reasons for the Employer at subsequent steps in the grievance procedure.
Step 2decision. If the employee grievant is not satisfied with the decision Director’s disposition of the supervisor and elects matter, the grievant may proceed to pursue 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 hear the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit the grievance at its next regularly scheduled Board meeting. The board shall respond in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen (14) within 10 days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision.
Step 3review is completed. If the employee grievant is not satisfied with the adjudication Board’s disposition of his grievance, he may submit said grievance to advisory arbitration, with Association approval, as provided by the Federal Mediation and Conciliation Service and specifically provided for in Step 2 and elects #4. Step #4: If the grievant desires to pursue the grievance furthersubmit his grievances to advisory arbitration, he must do so within fourteen (14) 10 days of his receipt of an answer from the decision in Step 2Board. The arbitrator shall have no power or authority to add to, subtract from, change, modify, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) alter in any way provisions of the applicable Marine Centeragreement, or impose on any party hereto a limitation or obligation not explicitly provided for in this agreement. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievanceFurthermore, the CO of the Marine Center arbitrator shall inform the employee in writing of the decision. If not satisfiedhave no power to change any practice, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.policy, or
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this Section, grievances 1. First Step: An attempt will be processed made to resolve any grievance in accordance with informal, verbal discussion between complainant, accompanied by an Association representative if requested by the following procedurecomplainant, and his/her immediate superior. Throughout The Association will be informed by the administration of the outcome achieved at this step.
2. Second Step: If any grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreementcannot be resolved informally, law, rule, or regulation, that employee shall submit grievant(s) will file the grievance in writing to their immediate supervisor within fourteen with the principal. Within ten (1410) 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 teachers must specifically state by name each teacher included within the grievance, the nature of the grievance, and the remedy sought for each such teacher at the Step 2 meeting. The filing of the grievance at the second step must be within twenty-five (25) days from the date of the action or condition occurrence of the event giving rise to the grievance. If the employee chooses, the employee may except for grievances pertaining to payroll which must be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision filed within fourteen thirty-five (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (1435) days of the receipt of the initial paycheck involved in the grievance. The principal or other administrator who has authority to make a decision in Step 1, submit on the grievance will make such decision and communicate it in writing to the Commanding Officer/Master. This written grievance must include teacher(s) and the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision Superintendent within ten (10) days of the grievance. Within fourteen (14) days after receipt second step meeting, with a summary of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of reasons for the decision.
Step 3. If Third Step: In the employee is event a grievance has not satisfied with been satisfactorily resolved at the adjudication in Step 2 and elects to pursue second step, the grievance furthergrievant(s) will file, within fourteen ten (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (1410) days of the date of receipt principal’s written decision or answer at the second step, a copy of the grievancegrievance with the Superintendent. Within ten (10) days after such written grievance is filed, the CO aggrieved, representative of the Marine Center shall inform the employee in writing of the decision. If not satisfiedaggrieved as desired, the employee may notify principal and the Union and Marine Center Director in writing of their dissatisfaction Superintendent or designee, will meet to resolve the grievance. The Superintendent, or designee, will file an answer within seven (7) days of the date of receipt.ten
Appears in 1 contract
Sources: Professional Negotiations Agreement
Procedures. Under 7.3.1 The number of days indicated at each level of this Sectionprocedure 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, grievances will the grievance shall be processed in accordance considered automatically appealed to the next level of the procedure.
7.3.4 If the grievant fails to comply with the following 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. Throughout At this point the College shall have no obligation to schedule an grievance procedure "days" is defined as "workdaysmeetings or arbitration."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over 7.3.5 The time limits set forth herein may be extended provided the application or interpretation of this Agreement, law, rule, or regulation, that employee extension has been mutually agreed upon in writing by the parties.
7.3.6 A grievance shall submit not be considered unless the grievant initiates the grievance in writing to their immediate supervisor within fourteen no later than ten (1410) days after the grievant knew or reasonably should have known of the date 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
7.3.10 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 condition giving rise College-wide impact, the Union must notify the Human Resources Director of the Union’s intent to submit the grievance on behalf of the affected employees at Level 2 of this procedure. Such authorization must be in writing. The Human Resource Director shall identify the level of the grievance procedure at which the grievance may be submitted. An individual employee cannot file a grievance to assert a Union right.
7.3.11 All documents related to a grievance shall be maintained in a separate grievance file. This provision does not include documentation of disciplinary actions and/or documents that are the subject of a grievance.
7.3.12 Unless otherwise agreed to by the parties, grievances shall be processed at times other than during scheduled duty hours.
7.3.13 Except for informal decisions at ▇▇▇▇▇ ▇, all decisions shall be submitted in writing at each step of the grievance procedure and the decision shall be submitted to both the grievant and the Union.
7.3.14 Grievances shall be filed on forms approved by the parties. Electronic e-mails shall be considered "in writing" for the purposes outlined in this Article.
7.3.15 The parties shall maintain confidentiality for all grievance proceedings and for documents required by law to be kept confidential. If a grievant or the Union violates this provision, this action will be a waiver by the grievant and/or Union of any confidentiality right the grievant or the Union may have which is related to the grievance.
7.3.16 The parties may agree to facilitate an investigation in order to expedite the grievance process. Such investigation may include the
7.3.17 Upon agreement between the College’s Human Resource Director and the 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 procedure, the parties may initiate a settlement proceeding as an attempt to resolve a grievance. If the employee choosesproceeding is initiated, the employee may grievance time limits will be accompanied tolled in writing. The proceeding shall be conducted by a representative appointed by the ship’s Union delegate when at sea or and one appointed by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2College. If either party determines that the employee is not satisfied with proceeding should be terminated, that party may end the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit the grievance settlement proceeding by submitting a notification in writing to the Commanding Officer/Masterother party of its intent to terminate the proceeding and reinstate the time limits. This written grievance must The time limits shall be reinstated upon service to the other party of such reinstatement and shall include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision any portion of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance time limits that expired prior to the Commanding Officer (CO) of parties agreement to toll the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipttime limits.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under (a) Whenever Parent is entitled to recovery under this SectionArticle VIII, grievances will be processed Parent shall promptly notify the 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 defined below).
(b) Upon receipt by the Company Agent of the notice of claim and the facts constituting the basis for such claim as provided in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation subparagraph (a) of this AgreementSection 8.6, law, rule, or regulation, that employee Parent and the Company Agent shall submit negotiate in good faith to reach an agreement as to the grievance in writing to their immediate supervisor validity and amount of such claim. If such an agreement has not been reached within fourteen thirty (1430) days of the date aforesaid notice, Parent and the Company Agent shall submit the claim to be settled by arbitration in the City of Atlanta, State of Georgia, pursuant to the commercial arbitration rules then in effect of the action American Arbitration Association (or condition giving rise at any time or at any other place or under any other form of arbitration mutually acceptable to the grievanceparties so involved). If Any award rendered shall be final and conclusive upon the employee choosesparties, and a judgment thereon may be entered in the highest court of the forum, state or federal, having jurisdiction. Any award may include the expenses of arbitration as well as the cost of counsel and experts. The provisions of this Section 8.6(b) shall in all respects be governed by the Federal Arbitration Act.
(c) The Company Agent shall not settle or compromise or voluntarily enter into any binding agreement to settle or compromise, or consent to entry of any judgment arising from, any claim or proceeding by a person who is 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 employee Company Agent may be accompanied 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 ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, SectionCompany Agent, and subsection 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 this Agreementa Third Party Claim with advisory counsel of its own choosing. Such participation shall be at the expense of Parent, unless Parent reasonably determines that, because of a conflict of interest or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unitotherwise, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee Company Agent is not satisfied with adequately representing or may not adequately represent its interests, in which case the decision reasonable costs of such participation by Parent shall constitute recoverable Losses hereunder. In the supervisor and elects event the Company Agent, does not notify Parent of its intent to pursue the grievance further, the employee must defend a Third Party Claim within fourteen ten (1410) days of receipt of the decision in Step 1notice thereof or, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision after half of the grievance. Within fourteen period for the presentation of a defense against any such Third Party Claim, fails to begin to diligently defend it (14) days after receipt or at any time thereafter ceases to diligently defend it), Parent will have the right to undertake and control the defense, compromise or settlement of the employee's written grievancesuch Third Party Claim, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decisionany expenses incurred by Parent resulting therefrom shall constitute recoverable Losses hereunder.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.
Appears in 1 contract
Procedures. Under 7.3.1 The number of Days indicated at each level of this Sectionprocedure shall be considered maximum and every effort shall be made to expedite the process.
7.3.2 Grievance proceedings shall not be conducted in accordance with the rules of civil procedure.
7.3.3 If the College fails to comply in writing or with its time limit requirements as set forth under any of the procedure steps, grievances will the grievance shall be considered automatically appealed to the next level of the procedure.
7.3.4 If the grievant fails to comply with the grievant’s time limit requirements, as set forth under any of the procedure’s steps, the grievance shall be considered null and void.
7.3.5 The time limits set forth herein may be extended provided the extension has been mutually agreed upon in writing by the parties.
7.3.6 A grievance shall not be considered unless the grievant initiates the grievance no later than twenty 20 Days after the grievant knew or reasonably should have known of the alleged violation that precipitated the grievance.
7.3.7 No reprisal or retaliation shall be taken against any person who participates in this procedure.
7.3.8 A grievant may be accompanied and represented by one Union representative and the charged-party may be represented by a person of the charged-party’s choice at any hearing or meeting conducted under this procedure.
7.3.9 An employee, acting individually, may present a grievance without the intervention of the Union, provided the grievance has been processed in accordance with the following this procedure. Throughout this The grievant shall be responsible for notifying the Union in writing that a grievance procedure "days" is defined as "workdays."
Step 1being filed. Whenever At any hearing or meeting related to a grievance brought individually by an employee considers themselves aggrieved over a matter arising over employee, the application or interpretation 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, law, rule, .
7.3.10 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.
7.3.11 Grievances shall be processed at times other than during an employee’s scheduled class time or regulation, that employee times when there is a school or department meeting or an Academic Affairs or College-wide meeting where attendance is mandatory.
7.3.12 All decisions shall submit be submitted in writing at each step of the grievance in writing procedure and the decision shall be submitted to their immediate supervisor within fourteen (14) days both the grievant and the Union.
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 date of the action or condition giving rise grievant may have that is related to the grievance. If the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is .
7.3.15 The parties to a grievance and must contain:
a. Identity and title of may mutually agree to toll the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps procedure’s time limits in the grievance procedureaccordance with sub-paragraph 7.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this SectionStep 1 - The grievant shall promptly attempt to resolve the grievance informally between the teacher and their principal and/or immediate supervisor. Step 2 -- If the grievance is not resolved informally, grievances it shall be reduced to writing by the grievant who shall submit it to the principal or immediate supervisor. The written grievance shall give a clear and concise statement of the alleged grievance including the facts upon which the grievance is based, the issues involved, the Agreement provisions involved, and the relief sought. If the grievant does not submit such written grievance to the principal or immediate supervisor within fifteen (15) school days after the facts upon which the grievance is based first occur or first become known to the grievant, the grievance will be processed in accordance with the following proceduredeemed waived. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application The principal or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the grievance immediate supervisor will reply in writing to their immediate supervisor the grievant with a copy to the Association within fourteen five (145) school days after receipt of the date written grievance. Step 3 -- If the grievance is not settled in Step 2 and the grievant wishes to appeal the grievance to Step 3, the teacher will file the completed written grievance to the superintendent of schools within ten (10) school days after receipt of the action principal's written answer. The superintendent or condition giving rise to their representative shall thoroughly review the grievance. If the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Sectionarrange for necessary discussions, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen answer to the grievant with a copy to the Association no later than ten (1410) days. Since the supervisor is a member school days after receipt of the bargaining unitwritten grievance by the superintendent. Step 4 -- If the grievance is not settled in Step 3 and the grievant wishes to appeal the grievance to Step 4, the decision grievant may file the written grievance to the District Board within ten (10) school days after receipt of the superintendent's written answer. The Board shall review the grievance, arrange for necessary discussions, and give a written answer to the grievant with a copy to the Association no later than ten (10) school days after receipt of the written grievance. Step 5 --
a. Grievances not settled in Step 4 of the grievance procedure may be modified appealed by the Employer at subsequent steps in grievant to arbitration provided the grievance procedureissue involves the interpretation or meaning of a specific provision or provisions of the Agreement.
Step 2. b. If the employee grievant is not satisfied with the decision disposition of the supervisor and elects to pursue grievance at Step 4 or if no decision has been rendered within ten (10) school days after the grievance furthergrievant has first met with the District Board, the employee must within fourteen (14) days of receipt of the decision in Step 1Association may, submit the grievance in writing by written notice to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen superintendent within fifteen (1415) school days after receipt of the employee's written grievancerequest from the grievant, submit the grievance to binding arbitration. A list of seven arbitrators will be requested from the Employment Relations Board, Conciliation Service Division. Upon receipt, the Commanding Officer/Master Association will adjudicate strike one name and the grievance District and Association will then alternate the striking process until one name remains. That person will be the arbitrator. Except as otherwise expressly provided in this Agreement, the arbitration hearing will be conducted in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association in effect at the time (hereinafter referred to as the "AAA Rules").
c. The arbitrator so selected will confer with the representatives of the superintendent and the Association and hold hearings promptly and will inform the employee orally and in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the issue their decision in Step 2, or not later than fourteen thirty (1430) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of from the date of receipt the close of the grievancehearings or if oral hearings have been waived, then from the CO date the final statements and evidence are submitted. The arbitrator's decision will be in writing and will set forth the findings of fact, reasoning and conclusions on the issue facts and evidence submitted. The decision of the Marine Center arbitrator will be submitted to the Board and the Association and will be final and binding upon the parties.
d. The arbitrator's authority is limited to the interpretation and application of this contract. The arbitrator shall inform have no power to alter, add to, or subtract from the employee in writing terms of this Agreement. The Board and the Association will share equally any joint costs of the decision. If not satisfiedarbitration procedure, such as the employee may notify the Union fee and Marine Center Director in writing of their dissatisfaction within seven (7) days expense of the date arbitrator and the cost of receiptthe hearing room.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this Section, grievances will be processed in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
A. Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor within fourteen (14) days of the date of the action or condition giving rise to the grievance. If the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state I The parties acknowledge that it is a grievance usually most desirable for an employee and must contain:
a. Identity and title his/her immediate supervisor to resolve problems through free informal communications. Within thirty (30) days following the occurrence of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unitgrievable act, the decision grievant may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit present the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus immediately involved supervisor, who shall arrange for a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate meeting to be present during adjustment decision of the grievance. Within fourteen take place within five (145) days after receipt of the employee's grievance. The grievant and/or the Association and the supervisor shall be present for the meeting. The supervisor shall provide the aggrieved party and the Association with a written grievance, the Commanding Officer/Master will adjudicate answer to the grievance and will inform within five (5) days after the employee orally and in writing of meeting. Such answer shall include the decisionreasons upon which the decision was based.
B. Step 3. II If the employee grievant is not satisfied with the adjudication in disposition of his/her grievance at Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2I, or not later than fourteen if no decision has been rendered within five (145) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt presentation of the grievance, then the CO of grievance may be referred to the Marine Center Superintendent or his/her official designee. The Superintendent shall inform arrange for a hearing with the employee in writing of the decision. If not satisfied, the employee may notify the Union grievant and Marine Center Director in writing of their dissatisfaction an Association representative to take place within seven five (75) days of his/her receipt of the date appeal. The parties in interest shall have the right to include in the representation such witnesses and counselors as they deem necessary to develop facts pertinent to the grievance. Upon conclusion of receiptthe hearing, the Superintendent shall have five (5) days to provide his/her written decision, together with the reasons for the decision to the Association.
C. Step III If the grievance has not been resolved in Step II or if no decision has been rendered within ten (10) days after presentation of the grievance in Step II, appeal may be made to the Board through the Superintendent. Upon receipt of the appeal the Superintendent shall arrange a meeting of the Board to take place within ten (10) days or at the next regularly scheduled Board meeting, whichever time period is longer. A written decision shall be issued within five (5) days after the meeting.
D. Step IV If no satisfactory settlement is reached at Step III, the grievant, within fifteen (15) working days of the receipt of the Step III decision, may appeal the final decision of the employer to the Association for consideration of arbitration. The Association, within ten (10) days, may appeal the grievance to the American Arbitration Association (AAA) for arbitration under the expedited rules with the following exceptions:
1. A list of arbitrators shall be provided to the parties.
2. All communications shall be directed through the AAA.
3. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted to him/her.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under Informal (Pre-Grievance Meetings Process) - An attempt shall be made to resolve any grievance using an informal process. The purpose of this Sectioninformal 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, grievances will be processed in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdaysand upon request, Association representatives and/or other District Administrators."
Step 1. Whenever an employee considers themselves aggrieved over Step I - In the event the grievance is not resolved through the informal process, the grievant shall file a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the formal grievance in writing to their with his/her immediate supervisor supervisor, and/or the Administrator with direct responsibility. The written grievance shall note the specific clause or clauses of the Agreement allegedly violated and should state the remedy requested. The grievance must be filed within fourteen (14) 45 calendar days of from the date of the action or condition occurrence of the event giving rise to the grievance. If the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of from the grievance; and
e. The corrective action desireddate when the grievant might reasonably have had knowledge thereof. The supervisor shall give or other administrator who has authority to make a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in on the grievance procedure.
Step 2. If the employee is not satisfied with the shall make such decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit the grievance communicate it in writing to the Commanding Officerteacher, Superintendent, Associate Superintendent for Human Resources/Master. This written grievance must include Professional Learning, and the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance Association within ten (10) working days from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, . The response shall include the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of reasons for the decision.
2. Step 3. II – If the employee grievance is not satisfied resolved at Step I, the grievant shall file within ten (10) working days of the Step I response, a copy of the grievance with the adjudication in Step 2 Superintendent and elects to pursue the grievance further, Associate Superintendent for Human Resources/ Professional Learning who shall hold a meeting with the grievant and Association representative within fourteen ten (1410) working days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of from the date of receipt of the grievanceStep 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.
3. Step III - In the event a grievance has not been satisfactorily resolved at the second step, the CO of the Marine Center grievant shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction file within seven ten (710) working days of the date supervisor's written decision and reason(s) at the second step, a copy of receiptthe Grievance with the 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 Association representative. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary to develop facts pertinent to the grievance. Upon conclusion of the hearing, the Superintendent shall have ten (10) working days in which to provide the written decision, with reasons, to the grievant and the Association.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this SectionThe parties hereto acknowledge that it is usually most desirable for a Teacher and his or her immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, grievances will a Union representative may accompany the employee to assist in the informal resolution of the grievance. If, however, the informal process fails to satisfy the Teacher or the Union, a grievance may be processed in accordance with as follows:
A. The Teacher or the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit Union may present the grievance in writing to their immediate supervisor writing, within fourteen ten (1410) days of the date of the action or condition event giving rise to the grievance. If , to the employee choosesimmediately involved supervisor, which grievance shall state the employee may article, section and clause of this Agreement alleged to be accompanied by the ship’s Union delegate when at sea violated, misrepresented or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Sectionmisapplied, and subsection of this Agreement, or law, rule, or regulation on which grievance shall further state the remedy which is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievancesought. Within fourteen five (145) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of immediately involved supervisor will arrange for a meeting to take place. The Union’s representative shall be present for the Marine Center shall inform the employee in writing of the decisionmeeting. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven Within five (75) days of the date meeting, the grievant and the Union shall be provided with the Supervisor’s written response.
B. If the grievance is not resolved in step 4.2A, then the Union may refer the grievance to the Superintendent or his officially designated representative within five (5) days after the receipt of receiptthe Step 4.2A answer or within ten (10) days of the Step 4.2A meeting, whichever is later. The Superintendent shall arrange with the Union for a meeting to take place within five (5) days of the Superintendent’s receipt of the appeal. Each party shall have the right to 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 the time limits expire without the issuance of the Superintendent’s written reply, the Union may submit the grievance to final and binding arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association, which shall act as the Administration of the proceeding. If a demand for arbitration is not filed within thirty (30) days for the 4.2B answer, then the grievance shall be deemed withdrawn.
1. The Union shall not be permitted to assert any grounds or evidence before the Arbitrator which were not previously disclosed to the immediately involved supervisor and the Superintendent. Similarly, neither the Board nor its Superintendent shall be permitted to assert any grounds or evidence before the Arbitrator which were not previously disclosed to the Association.
2. The Arbitrator shall have no power to alter the terms of this Agreement.
3. Each party will pay its own costs of representation and the cost of a transcript of the arbitration proceedings, if requested.
4. The cost of the American Arbitration Association is to be shared equally by the parties.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this SectionThe 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, grievances will be processed in accordance provided the resolution is consistent with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation terms of this Agreement, law, rule, or regulation, that employee document. The informal discussion shall submit the grievance in writing to their immediate supervisor take place within fourteen fifteen (1415) days of the date occurrence of the action or condition giving rise to event, which initiated the alleged grievance. If The Board acknowledges the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title right of the employee;
b. Declaration or waiver Association to assist a grievant at any level of Union representation;
c. Specification the grievance procedure if it obtains the consent of Article, Sectionthe grievant, and subsection the Association acknowledges the right of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a any member of the bargaining unit, the decision may be modified by the Employer at subsequent steps 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 choice. A grievance involving the act 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.
Step 2. A. STEP 1 – If the employee is alleged grievance cannot satisfied with the decision of the supervisor and elects to pursue the grievance furtherbe resolved informally, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit grievant shall present the grievance in writing to the Commanding Officer/Masterimmediately involved supervisor no later than ten (10) days following the process. This The written information contained in the filed grievance must include shall contain the same information as is required in Step 1 plus a chronological account of discussions with the supervisorfollowing:
1. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision A description of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt specific grounds of the grievance, including the CO specific action or lack of action being grieved, including names, dates and places necessary for a complete understanding of the Marine Center shall inform the employee in writing grievance;
2. A listing of the decision. If not satisfiedprovisions of this Agreement, the employee may notify the Union Article or Articles and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.Sections or Paragraphs, which are alleged to have been violated or misapplied;
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under STEP ONE - An attempt shall be made to resolve any grievance in informal verbal discussion between the TJA employee(s) covered by this Sectioncontract and the Director of Transportation or his/her designee within fifteen (15) working days after the TJA employee(s) covered by this contract has reasonable knowledge of the event giving rise to the grievance. Management will respond to the grievant, grievances grievant representative, the Teamsters within five (5) working days from the date of the initial informal verbal discussion. The Teamsters will receive a written copy of all correspondence relating to the informal grievance decision STEP TWO - If the grievance cannot be processed resolved satisfactorily at Step One, the grievant or the Teamsters shall file the grievance, in accordance writing, dated and signed by the grievant or the appropriate Teamster representative with the following procedureDirector of Transportation within ten (10) working days. Throughout The written grievance must state the nature of the grievance, the specific clause or clauses of the agreement allegedly violated, and the remedy requested. The Director of Transportation shall make a determination and communicate it in writing to the grievant, grievant representative, the Teamsters and the 47/155 Superintendent(s) or their designees within ten (10) working days. There shall be no expansion of the grievance after this step. In the event that any material information relating directly to this grievance procedure "days" becomes known after this step, it may be submitted as additional information in succeeding steps. STEP THREE - In the event the grievance has not been satisfactorily resolved in Step Two, the grievant, grievant representative or the Teamsters shall file a copy of the grievance within ten (10) working days with the administrative district's Superintendent. Within ten (10) working days after such written grievance is defined filed, the grievant, representative of the grievant if desired, the Director of Transportation, and the administrative district's Superintendent or designee, shall meet to resolve the grievance. The administrative district's Superintendent or designee shall file an answer within ten (10) working days of the third step meeting and communicate it in writing to the grievant, the Director of Transportation and the Teamsters. The TJA Board and/or the school board(s) will also be notified in writing. STEP FOUR - If the grievance is not resolved at Step Three, then the grievant or the Teamsters may refer the grievance to the TJA Advisory Board within ten (10) working days after Step Three to be heard at a formal hearing. The TJA Advisory Board, at the next regularly scheduled meeting, will conduct the formal hearing after receipt of the request. Each party shall have the right to include in its representation such witnesses and counselors, as "workdays."
it deems necessary to develop facts pertinent to the grievance. Upon conclusion of the formal hearing, the TJA Advisory Board shall have ten (10) working days in which to provide a written decision, with reasons, to the grievant and the Teamsters. STEP FIVE - If the grievant or the Teamsters is not satisfied with the disposition of the grievance in Step 1. Whenever an employee considers themselves aggrieved over a matter arising over Four, the application or interpretation of this Agreement, law, rulegrievant, or regulation, that employee shall the Teamsters may submit the grievance in writing to their immediate supervisor final and binding arbitration through the American Arbitration Association (AAA) which shall act as administrator of the proceedings. If a demand for arbitration is not filed within fourteen fifteen (1415) working days of the date of the action or condition giving rise to the grievance. If the employee choosesStep Four answer, the employee may grievance shall be accompanied deemed withdrawn with prejudice. By mutual agreement any decision by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection an arbitrator shall not alter any terms of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedureagreement.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.
Appears in 1 contract
Sources: Transportation Agreement
Procedures. Under this Section The 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 employee's work day. When requested by the employee, grievances will 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 in accordance with within 30 days of the following procedure. Throughout this incident giving rise to the grievance procedure "days" is defined as "workdays."follows:
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit A. The grievant may present the grievance in writing listing the desired resolution to their immediate the grievance to the immediately involved supervisor who will arrange for a meeting to take place within fourteen six (146) days of the date receipt of the action or condition giving rise to 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 employee choosesgrievance is not resolved at step "A", then the employee 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 accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that 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 grievance and must contain:
a. Identity and title meeting to take place within six (6) days of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description 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 within six (6) days after receipt of the step "B" answer, or within six (6) days after the answer should have been received; and
e. The corrective action desiredthe grievance shall be deemed withdrawn if it is not submitted to the Assistant Superintendent of Human Resources within said six (6) day period. The supervisor Assistant Superintendent of Human Resources shall give arrange with the grievant and the Union representative for a written decision meeting to take place within fourteen six (146) days. Since the supervisor is a member days of the bargaining unitAssistant Superintendent of Human Resources’ 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 Assistant Superintendent of Human Resources’ written response, including reason(s) for the decision or the grievant may be modified by proceed to the Employer at subsequent steps in the grievance procedurenext step.
Step 2. D. If the employee union or grievant is not satisfied with the decision disposition of the supervisor and elects to pursue grievance at step "C", the grievance furthermay be submitted to final and binding arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association, which shall act as the employee must administrator of the proceedings. If a demand for arbitration is not filed within fourteen thirty (1430) days of receipt of the decision in Step 1step "C" answer, submit or within 30 days after the answer should have been received, the grievance in writing shall be deemed withdrawn.
1. Neither the Board nor the Union shall be permitted to assert any grounds or evidence before the arbitrator which was not previously disclosed to the Commanding Officer/Masterother party.
2. This written grievance must include The arbitrator shall have no power to alter the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision terms of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this SectionGrievances 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, grievances 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 processed in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over held at a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit mutually acceptable time to discuss the grievance in writing to their immediate supervisor within fourteen five (145) days of the date receipt of the action or condition giving rise to written statement. The immediate supervisor shall respond in writing with reasons for his/her decision within five (5) days of the grievancemeeting. If the employee choosesgrievance is unresolved, the employee grievance may be accompanied appealed to Level Two. The written grievance may be advanced to Level Two by the ship’s Union delegate when at sea certified mail or by email, to the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title District Superintendent within 15 working days of the employee;
b. Declaration or waiver receipt of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description response of the grievance; and
e. The corrective action desiredLevel One. The supervisor Superintendent shall give conduct a written decision hearing within fourteen ten (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (1410) days of receipt of the appeal at a mutually agreeable time and place. At this hearing, the Superintendent shall hear facts, evidence, and the arguments of the representative of the decision-maker and of the grievant. If the Superintendent is the decision-maker at the hearing, he/she shall present the facts, evidence, and argument supporting the decision in Step 1made, submit the grievance in writing as well as listening to the Commanding Officer/Masterpresentation of the grievant. This A written decision must be made within five (5) days from the date of the hearing. If unresolved, the grievant may appeal at Level Three. The written grievance must include may be advanced to Level Three by certified mail or by email to the same information as is required in Step 1 plus a chronological account District requesting arbitration within 15 working days of discussions with the supervisorreceipt of the response of the Level Two. When The Association or their representative may submit a written grievance by certified mail, where available, or by email to arbitration. The arbitrator will be selected from an employee is received the list of arbitrators supplied by the Commanding OfficerAmerican Arbitration Association (AAA). He/Mastershe shall be selected using the procedures of the AAA. The arbitrator shall render his/her written decision within thirty (30) days. Should the arbitrator be unable to meet the thirty (30) day time frame, the CO will inform parties shall consider extending the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievancetime allowed. Within fourteen The Alaska Uniform Arbitration Act (14Chapter 43, Title 9, Alaska Statutes) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decisionis incorporated into this article by reference.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.
Appears in 1 contract
Sources: Negotiated Agreement
Procedures. Under 7.3.1 The number of days indicated at each level of this Sectionprocedure 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 Institute fails to comply in writing or with its time limit requirements as set forth under any of the procedure steps, grievances will the grievance shall be considered automatically appealed to the next level of the procedure.
7.3.4 If the grievant fails to comply with the grievant’s time limit requirements, as set forth under any of the procedure’s steps, the grievance shall be considered null and void.
7.3.5 The time limits set forth herein may be extended provided the extension has been mutually agreed upon in writing by the parties.
7.3.6 A grievance shall not be considered unless the grievant initiates the grievance in writing no later than ten (10) 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 Federation (this provision does not authorize representation by any party other than a Federation 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 Federation provided the grievance has been processed in accordance with the following this procedure. Throughout The grievant shall be responsible for notifying the Federation in writing that a grievance is being filed. At any hearing or meeting related to a grievance brought individually by an employee, the Federation shall be notified by the grievant of the hearing in advance and afforded the opportunity to be present and make its views known. TVI shall have no responsibility to notify the Federation if the employee does not comply with this grievance procedure "days" is defined as "workdays."
Step 1requirement. Whenever an employee considers themselves aggrieved over a matter arising over Any adjustment made by the application or interpretation Institute shall be consistent with the provisions of this Agreement.
7.3.10 If a grievance affects a group of two or more employees or involves a decision or action by the Institute, lawwhich has a departmental or Institute-wide impact, rule, or regulation, that employee shall the Federation may request authorization from the Human Resources Director to submit the grievance on behalf of the affected employees at Level 2 of this procedure. Such authorization must be in writing to their immediate supervisor within fourteen (14) days and shall identify the level of the date of grievance procedure at which the action or condition giving rise to the grievance. If the employee chooses, the employee grievance may be accompanied submitted. An individual employee can not file a grievance to assert a Federation 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 ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Articleparties, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission grievances shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receiptprocessed at times other than during scheduled duty hours.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under 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 ▇▇▇▇▇▇▇ within five (5) working days after knowledge of the grievance or the reason for the grievance has occurred. If a satisfactory settlement is not reached with the first line supervisor within three (3) working days, the grievance may be appealed to Step 2.
STEP 2. The union business representative shall then take the matter up with a representative of the 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 Section, grievances 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 processed in accordance with final and binding on all parties and the following procedureemployees involved. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor within fourteen (14) days The expense of the date of the action Arbitrator selected or condition giving rise to the grievance. If the employee chooses, the employee may appointed shall be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified 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) calendar days from the receipt of a decision at subsequent steps in Step 2, then within twenty-five (25) calendar days from presenting the grievance procedure.
at Step 2. If Failure at any step of this procedure to appeal a grievance to the employee next step within this specified time limit shall be deemed to be an abandonment of such grievance and the decision rendered therein shall stand for the particular grievance. It is not satisfied with understood that employees shall, during and notwithstanding the pendency of any grievance, continue to observe all assignments, instructions, and applicable rules and regulations of the Township of Readington, or its designee, until such grievance and any effect thereof shall have been fully determined. Failure at any step of this procedure to communicate the decision of the supervisor and elects grievance within the specified time limits shall permit the aggrieved to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit the grievance in writing proceed to the Commanding Officer/Masternext step. This written grievance must include the same information However, a failure to render a decision shall not be considered as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate acquiescence to be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under
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 Section, Agreement shall have the right to present grievances will be processed in accordance with these procedures, with or without representations by the following procedure. Throughout this Association, provided that a Union designated representative is afforded the opportunity to be present at any grievance procedure "days" meeting, and that any settlement made is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over consistent with the application or interpretation terms of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor within fourteen (14) days of the date of the action or condition giving rise to the grievance. If the employee chooses, the The employee may be accompanied 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 ship’s Union delegate when at sea Grievant or by the ship’s Union delegate Association representative shall be conducted so as to result in no interference with or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title interruption whatsoever of work activities of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. employees. STEP 1 The corrective action desired. The supervisor Grievant shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit present the grievance in writing to the Commanding Officer/Master. This written grievance must include immediate involved Supervisor or Building Principal, who will arrange for a meeting to take place within ten (10) days after the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision 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 fourteen ten (1410) 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 within ten (10) days after receipt of the employee's written grievanceStep I answer or within ten (10) days of the date the response was due. The Superintendent or his/her designee shall arrange with the 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 Commanding OfficerGrievant and the Association shall be provided with the Superintendent’s or his/Master will adjudicate her designee’s written response. STEP III If the grievance and will inform remains unresolved in Step II, the employee orally and Association may appeal the grievance in writing to the Secretary of the decision.
Board of Education within ten (10) days after receipt of the Step 3II answer or within ten (10) days of the date the Step II response was due. The grievance and the Superintendent’s response to the grievance shall be heard at the next Board meeting. Within ten (10) days after the Board meeting, the Association shall be provided with the Board of Education’s written response. STEP IV If the employee Association is not satisfied with the adjudication in Step 2 and elects to pursue disposition of the grievance furtherat Step III, then the Association may submit the grievance within fourteen thirty (1430) days of receipt to binding arbitration under the Voluntary Labor Arbitration Rules of the decision American Arbitration Association.
i. Each party shall bear the full costs for its representation in Step arbitration. The costs of the arbitrator, the AAA, and a court reporter, if present, shall be divided equally between the parties.
ii. If either party requests a transcript of the proceedings, that party shall bear the full costs for the transcript. If both parties order a transcript, the cost of two (2) transcripts shall be divided equally between the parties. If the arbitrator requests a copy of the transcript, the costs shall be divided equally between the parties.
iii. Neither the Board nor the Association shall be permitted to assert any grounds or evidence before the arbitrator which had not previously been disclosed to the other party during the previous steps.
iv. The arbitrator shall have no power to nullify, alter, amend, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the questions of fact as to whether there has been a violation, misinterpretation, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) misapplication of the applicable Marine Center. A copy specific provisions of this submission Agreement. The arbitrator shall be furnished empowered to determine the Commanding Officer/Master who has previously adjudicated issue raised by the grievancegrievance as submitted in writing at Step I, unless otherwise mutually agreed by the parties. Within fourteen 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 (14) days not otherwise superseded by a lawful provision of this Agreement pursuant to Section 17 of the date Illinois Educational Labor Relations Act), or of receipt 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 grievance, the CO District under law and applicable court decisions. Any decision or award of the Marine Center arbitrator rendered within the limitations of this Section shall inform be final and binding upon the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.parties.
Appears in 1 contract
Sources: Professional Services
Procedures. Under this Section, The adjustment of grievances will be processed in accordance 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 following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee time limits shall submit 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 writing to their 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 fourteen twenty (1420) days of the date occurrence of the action event upon which the grievant became aware or condition giving rise 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 grievancegrievance in an informal manner. If the employee choosesgrievant is dissatisfied with the outcome of the initial private conference, the employee 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 ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home portgrievance committee. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title Every effort should be made to develop an understanding of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, facts and subsection of this Agreement, or law, rule, or regulation on issues in order to create a climate which grievance is based;
d. A description of the grievance; and
e. The corrective action desiredwill lead to a solution. The supervisor formal conference shall give a written decision occur within fourteen five (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (145) days of receipt of the decision in Step written request or the informal conference. In the event that the grievance is not resolved at Level 1, submit the grievance grievant may within ten (10) days appeal the matter in writing to the Commanding Officer/MasterSuperintendent of the District or another administrator provided by the ESD when the grievant’s immediate supervisor is also the Superintendent. This written grievance must include The Superintendent, the same information as is required in Step 1 plus a chronological account of discussions Superintendent’s designated representative, or other named administrator shall confer with the supervisorgrievant in an effort to meet a satisfactory solution within a reasonable time limit. When 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 the grievance from an employee is received not settled by the Commanding Officer/Masterdisposition of the Board, then within five (5) days of the written disposition of the Board, the CO will inform employee shall file with the ship's Union delegate grievance committee a request for binding arbitration If the grievance committee determines that a the grievance has been received and invite is valid, the delegate to be present during adjustment decision of the grievance. Within fourteen grievance committee shall, within ten (1410) days after receipt of the employee's request from the grievant, give written grievance, notice to the Commanding Officer/Master will adjudicate Superintendent that the grievance and will inform shall be submitted to binding arbitration or that the employee orally and in writing of the decision.
Step 3. If the employee is grievance committee has decided not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievancearbitration. Within fourteen ten (1410) days of the date employee’s written request for binding arbitration, the District and the employee or the employee’s representative shall confer for the purpose of receipt selecting an arbitrator. In the event that the parties are unable to mutually agree on a person to act as an arbitrator, then the parties shall submit a mutual request to the American Arbitration Staff for a list of arbitrators. Thereafter, the parties shall alternately strike the names of the grievance, arbitrators contained on the CO list of the Marine Center American Arbitration Staff until one name is remaining. The remaining person shall inform act as the employee in writing of arbitrator. The arbitration proceedings shall be conducted pursuant to the decisionAmerican Arbitration Staff’s expedited rules unless the parties mutually agree to waive, alter, or modify the rules. If not satisfiedThe time for the arbitration shall be established after a conference between the District, the employee may notify or employees’ representative, and the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days 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 date service of receiptthe 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. Under this Section, grievances will be processed in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever Stage 1 - Within twenty-eight (28) days after an employee considers themselves alleged grievance occurred, the aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee teacher shall submit the present his grievance in writing to their his/her immediate supervisor who shall discuss the grievance with the aggrieved teacher, or with the teacher and his/her representative (s) if any. If no mutual time for a meeting can be arranged within five (5) days after receipt of the written grievance, then arrangements shall be made to relieve the teacher of duties in order to meet with the person involved in each stage where applicable.
2. Intermediate Stage (Building Principal) - If the immediate supervisor is a department head, then Stage 2 will be the building principal; if the immediate supervisor is a building principal, then appeal from Stage 1 will go directly to Stage 3. The procedures at Stage 2 shall follow the provisions of Stage 1. The building principal shall render a decision in writing to the teacher within seven (7) days after the hearing.
3. Chief Administrator Stage
a. The Superintendent shall, within seven (7) days of receipt of a notice of the grievant’s intent to pursue the grievance to this step, notify the aggrieved teacher and immediate supervisor to submit written statements to him/her within seven (7) days setting forth the specific nature of the grievance, the facts relating thereto, and the determination(s) previously rendered.
b. If such is requested, in the written statement of either party pursuant to paragraph “a” above, the Superintendent shall notify all parties concerned in the case of the time and place when a hearing will be held where such parties may appear and present oral and written statements supplementing their position in the case. Such hearings shall be held within seven (7) days of receipt of the written statements pursuant to paragraph “a”.
c. The Superintendent shall render his determination in writing within fourteen (14) days after the written statements pursuant to paragraph “a” and/or “b” have been presented to him/her or the hearing provided for in paragraph “b” is held.
4. Board Stage - All written statements and records of the case shall be submitted to the President of the Board by the Superintendent. The Board may, at the request of either party or the Board itself, hold a hearing within fourteen (14) days of the initiation of this stage to obtain further information regarding the case. After receiving both the report of the Superintendent and the appeal of the aggrieved teacher, the Board shall render a decision. If no hearing is held such decision shall be rendered within fourteen (14) days of receipt of notice of appeal; if a hearing be held such decision shall be rendered within fourteen (14) days of the date of the action or condition giving rise to the grievancehearing.
5. If the employee choosesArbitration Stage
a. After such hearing, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is teacher and/or Association are not satisfied with the decision at Stage 4, and the Association determines that the grievance is meritorious and that appealing it is in the best interest of the supervisor and elects to pursue the grievance furtherschool system, the employee must within fourteen (14) days of receipt of the decision in Step 1, it may submit the grievance in writing to arbitration by written notice to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus Superintendent of Schools with a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance copy to the Commanding Officer Board within twenty-one (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (1421) days of the date decision at Stage 4.
b. The parties shall select on a rotating basis from the following panel of receipt arbitrators: ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇. In the event that none of the grievanceaforementioned arbitrators are available in a timely fashion or decline to hear a dispute, the CO parties shall have five (5) days within which to agree upon an alternate arbitrator from the American Arbitration Association. If no such agreement can be made, the matter shall be referred to the American Arbitration Association for designation. In either case, the Voluntary Labor Arbitration Rules of the Marine Center American Arbitration Association shall inform be used.
c. The selected arbitrator will hear the employee matter promptly. The arbitrator's decision will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issue.
d. The arbitrator shall have no power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the decisionterms of this Agreement.
e. The decision of the arbitrator shall be final and binding upon all parties.
f. The costs for the services of the arbitrator, including expenses, if any, will be borne equally by the District and the Association.
6. If not satisfiedAMERICANS WITH DISABILITIES ACT (ADA) Any dispute arising with regard to an employee's claim for a reasonable accommodation shall be resolved through the grievance procedure, which shall be the employee may notify the Union and Marine Center Director in writing exclusive remedy. Upon a notice of their dissatisfaction within seven five (75) days of the date of receiptan intent to grieve, this dispute may proceed directly to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this SectionThe parties acknowledge that an Employee and the Board may resolve problems through free and informal communications. However, grievances will a grievance shall be processed in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."follows:
A. Step 1. Whenever 1 – The Association, an individual employee considers themselves aggrieved over a matter arising over the application or interpretation group of this Agreement, law, rule, or regulation, that employee employees shall submit present the grievance in writing to their immediate the immediately involved supervisor within fourteen twelve (1412) days of the date of the action or condition occurrence giving rise to the grievance. If the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or lawwhen the Association or the grievant should reasonable have had knowledge, rule, or regulation on which grievance unless the violation is based;
d. A description of a continuing nature. The supervisor will arrange for a meeting to take place within five (5) days after receipt of the grievance; and
e. The corrective action desired. The Association’s representative, the grievant and the immediately involved supervisor shall give a written decision within fourteen be present for the meeting. Within twelve (1412) days. Since the supervisor is a member days of the bargaining unitmeeting, the decision may Association and the grievant shall be modified by provided with the Employer at subsequent steps in supervisor’s written response, including the reasons for the decision.
B. Step 2 – If the grievance procedureis not resolved at Step 1, the Association may refer the grievance to the Board of Education within fifteen (15) days after receipt of the Step 1 answer. The Board President shall arrange with the Association representative, for a meeting to take place with the Board of Education within fifteen (15) days of the Board’s receipt of the appeal. Within ten (10) days of the meeting the Association shall be provided with the Board of Education’s written response including the reasons for the decision.
C. Step 2. 3 – If the employee Association is not satisfied with the decision disposition of the supervisor and elects to pursue grievance at Step 2, it may submit the grievance further, the employee must to final and binding arbitration within fourteen twenty (1420) days of receipt of the decision Board’s decision. Unless the parties can come to a mutual agreement on the selection of an arbitrator, the parties will submit a joint request to either the American Arbitration Association (AAA) or the Federal Mediation and Conciliation Service (FMCS). Selection of the arbitrator and proceedings for the hearing shall be conducted in Step 1, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions accordance with the supervisorvoluntary labor arbitration rules of AAA. When a written grievance from an employee The arbitrator shall be without power or authority to make any decision which is received by contrary to, inconsistent with, or which modifies or varies the Commanding Officer/Masterterms of this Agreement; or which limits or interferes with the Board’s duties, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision powers or responsibilities under applicable law. The sole power of the grievancearbitrator shall be to determine if the terms of this Agreement have been violated, misinterpreted, or misapplied. Within fourteen (14) days after receipt The decision and/or award of the employee's written grievancearbitrator, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and if made in writing of the decision.
Step 3. If the employee is not satisfied accordance with the adjudication in Step 2 and elects to pursue the grievance furtherhis jurisdiction, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to binding on the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receiptparties.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this Section, grievances will be processed in accordance with the following procedure. Throughout this grievance procedure "days" The parties acknowledge that it is defined as "workdays."
Step 1. Whenever usually most desirable for an employee considers themselves aggrieved over a matter arising over and the application or interpretation employee’s immediate involved supervisor to resolve problems through free and informal communications. When requested by the employee, an Association representative may accompany the employee to assist in the informal resolution of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor within fourteen (14) days of the date of the action or condition giving rise to the grievance. If If, however, the informal process fails to satisfy the employee choosesor the Association, the employee a grievance may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must containprocessed as follows:
a. Identity and title of Step I − The employee or the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision Association may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit present the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision building principal within ten (10) days of the grievanceevent. Within fourteen The building principal will arrange for a meeting to take place within ten (1410) days after receipt of the employee's written grievance. The Association’s representative, the Commanding Officer/Master will adjudicate grievant, and the grievance principal shall be present for the meeting. Within five (5) days of the meeting, the grievant and will inform the employee orally and in writing of Association shall be provided with the principal’s written response, including the reasons for the decision.
b. Step 3. II − If the employee 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 representative for a meeting to take place within five (5) days of 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 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 adjudication in Step 2 and elects to pursue disposition of the grievance furtherat Step II, within fourteen (14) days of receipt the Association may submit the grievance to final and binding arbitration through the American Arbitration Association which shall act as the administrator of the decision in Step 2, or proceedings. If a demand for arbitration is not later than fourteen filed within thirty (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (1430) days of the date for the Step II answer, then the grievance shall be deemed withdrawn.
1. Neither the Board nor the Association shall be permitted to assert any grounds or evidence before the arbitrator which was not previously disclosed to the other party.
2. The arbitrator shall have no power to alter the terms of receipt this agreement.
3. The fees and the expenses of the grievance, the CO of the Marine Center arbitrator shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receiptbe shared equally.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this SectionThe ▇▇▇▇▇▇ 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 will be processed in accordance 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 procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreementdiscussion, law, rule, or regulation, that employee the grievant shall submit 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 their immediate supervisor within fourteen the Superintendent who shall have five (145) school days of the date of the action thereafter to approve or condition giving rise to disapprove the grievance. If the employee choosesgrievance is transmitted directly to the Superintendent, the employee he/she shall have ten (10) school days from receipt to approve or disapprove it. An Association, or a group grievance may be accompanied by submitted directly to the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2Superintendent. If the employee is not satisfied 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 supervisor and elects Superintendent is not satisfactory to pursue the Association, the grievance furthermay 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 employee must 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 fourteen (14) days of receipt 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 decision grievant to meet any time limits will result in Step 1the 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 in writing to expedited arbitration under the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision rules of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decisionAmerican Arbitration Association.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.
Appears in 1 contract
Sources: Master Agreement
Procedures. Under this SectionAny administrator shall have the right to present his/her grievance through the steps described in the following paragraphs with assured freedom from restraint, grievances will interference, coercion, discrimination or reprisal and shall be processed in accordance entitled to appear at the appeal level.
1. Any administrator who has a grievance shall first orally advise his or her immediate supervisor of its existence within twenty (20) calendar days after its occurrence. The supervisor shall meet with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor administrator within fourteen (14) calendar days of in an attempt to resolve the date of grievance at this level. Within fourteen (14) calendar days after discussion, the action supervisor shall orally make known his or condition giving rise her decision to the grievanceadministrator.
2. If the employee choosesgrievance is not resolved to the satisfaction of the administrator at the level of Step 1, the employee administrator may be accompanied by appeal, within seven (7) calendar days, to the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is Superintendent of Schools in home port. This grievance must clearly state that it is a grievance written statement setting forth specific details and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation specific grounds on which the grievance is based;
d. A description of the grievance; and
e. The corrective action desiredbased and attaching all pertinent documents. The supervisor Superintendent shall give confer with the parties concerned together or separately within seven (7) calendar days. The Superintendent shall render a written decision within fourteen (14) dayscalendar days of such occurrence. Since the supervisor is a member A written statement of the bargaining unit, decision and the decision may supporting reasons shall be modified by sent to the Employer at subsequent steps in aggrieved and the grievance proceduresupervisor.
Step 23. If the employee grievance is not satisfied 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 of the supervisor and elects to pursue the grievance further, the employee must in writing within fourteen twenty-one (1421) calendar days of receipt of the decision in Step 1, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, Board at a regular or special meeting. Copies of the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievanceBoard shall be sent to the aggrieved and to the Superintendent of Schools.
4. Within fourteen 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 (1410) calendar days after following receipt of the employee's written grievanceBoard’s decision. The arbitrator shall be chosen from a list of names provided by the New Jersey Public Employment Relations Commission. Arbitration shall begin as quickly as possible, depending upon the availability of an arbitrator. Copies of the arbitrator’s binding decision shall be sent to: (1) the aggrieved; (2) the Board; (3) the Superintendent of Schools; and (4) the Association.
5. The arbitrator shall be limited to the issues submitted to him by the parties and shall be without power or authority to alter, amend or modify the terms of this Agreement. In addition, the Commanding Officer/Master will adjudicate arbitrator shall be without power or authority to make any decision which requires the grievance commission of acts prohibited by law or which violates the terms of this Agreement. In formulating his decision, the arbitrator shall adhere to the statutory law of New Jersey and will inform the employee orally and in writing to pertinent decisions of the decisionCommissioner of Education, the State Board of Education and the Courts.
Step 36. If The cost for the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt services of the decision in Step 2arbitrator including per diem expenses, or not later than fourteen (14) days after return to home portif any, submit and the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission actual and necessary travel and subsistence expenses shall be furnished to borne equally by the Commanding Officer/Master who has previously adjudicated Board and the grievanceAssociation. Within fourteen (14) days of Any other expenses incurred shall be paid by the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receiptparty incurring same.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this SectionThe parties agree that it is desirable for problems to be resolved between the employee and his/her immediate supervisor, grievances will be processed in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever and nothing herein shall prevent an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the from taking up any claimed grievance in writing to their with his/her immediate supervisor within fourteen before formal filing of said grievance.
A. Step One Within thirty (1430) days of the date of the action or condition giving rise to the grievance. If the employee choosesan alleged grievance occurs, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance grievant must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit present the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required immediately involved administrator (Step One Grievance Form located in Step 1 plus Appendix 16), who will arrange for a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate meeting to be present during adjustment decision of the grievance. Within fourteen take place within four (144) days after receipt of the employee's grievance. Said administrator shall provide the grievant and the Association with a written grievance, the Commanding Officer/Master will adjudicate answer to the grievance and will inform together with the employee orally and 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 of to the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, Superintendent or his/her designee within fourteen ten (1410) days of after the grievant’s receipt of the decision administrator’s answer at Step One, (Step Two Grievance Form located in Step 2, or not later than fourteen (14) days after return to home port, submit the formal 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 Commanding Officer (CO) specific terms of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievanceAgreement which have been violated, the CO of issues involved, and the Marine Center remedy sought. The Superintendent or designee shall inform arrange for a meeting with the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction grievant to take place within seven (7) days of receipt of the date 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 grievance. Each party shall pay for its witnesses. Upon conclusion of receiptthe 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).
C. Step Three – Binding Arbitration If the grievance is not settled at Step Two, the grievant may, within ten (10) days after receipt of the Superintendent’s or designee’s answer to Step Two, request in writing that the Association submit his/her grievance to arbitration (Step Two Grievance Form – back). The Association may, by written notice to the Superintendent within seven (7) days after receipt of the request from the employee, submit the grievance to binding arbitration (Step Three Grievance Form located in Appendix 18). Arbitration shall be conducted in accordance with provisions 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. Selection of the Arbiter by American Arbitration Association In the event an arbiter is not agreed upon as provided in “1” above, the parties shall jointly request the services of the American Arbitration Association. The arbiter shall be selected by the American Arbitration Association in accord with its rules, which rules shall likewise govern the arbitration proceeding.
D. Arbitration Rules of Procedure Arbitration proceedings shall be in accordance with the following:
1. The arbiter shall have no power to alter, add to, or subtract from the terms of this Agreement. He/she shall hear and accept pertinent evidence submitted by both parties and shall be empowered to request such data as the 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 completion of the hearing. Neither party shall be permitted to assert in the arbitration proceedings any evidence which change the issues submitted at Step Two. Upon request of either party, the merits of a grievance and the arbitrability issues arising in connection with that grievance shall 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 merits of the grievance. Upon request of either party, the arbitrability of the grievance 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. Under this SectionEvery effort shall be made to resolve grievances, grievances will or potential grievances, through free and informal communications between the grievant and his/her immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment of the grievance, then the grievance may be processed in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor within fourteen (14) days of the date of the action or condition giving rise to the grievance. If the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must containfollows:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this AgreementStep I: The grievant, or lawat his/her request the Association on his/her behalf, rule, or regulation on which grievance is based;
d. A description of may submit an executed Grievance Review Form to the grievance; and
e. The corrective action desiredgrievant's immediate administrative supervisor within twenty (20) school days after the alleged act first became known to the grievant. The immediate supervisor shall give then arrange for a written decision meeting to take place within fourteen four (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen (144) days after receipt of the employee's 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 with a written response to the Grievance Review Request within two (2) days after the meeting.
b. Step II: If the grievance is not adjusted at Step I to the satisfaction of the grievant, then the grievant, or the Association (acting on his behalf) may refer the grievance to the superintendent within six (6) days after receipt of the 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 Commanding Officer/Master will adjudicate . The superintendent shall provide a written decision concerning the grievance and will inform the employee orally and in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, any adjustment on it within fourteen four (14) days of receipt of the decision in Step 2, or not later than fourteen (144) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receiptmeeting.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under 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 representation throughout any step of the grievance procedure, the Association and the Board strongly encourage employees and their supervisors to resolve problems in an informal atmosphere without third party intervention using this Section, grievances will be processed in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdaysopen dialogue and good faith before disputes become formal grievances."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over 2 — If the application grievance cannot be resolved informally, the grievant or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the Association may file the grievance in writing to their immediate supervisor 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 fourteen fifteen (1415) days of days, or as otherwise mutually agreed between the Board and the Association, from the date of the action or condition occurrence of the event giving rise to the grievance. If grievance or when the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desiredgrievant could reasonably have had knowledge thereof. The supervisor shall give a written decision within fourteen ten (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (1410) days of receipt of the decision in Step 1, submit grievance schedule a meeting to resolve the grievance in writing to grievance. He/she shall issue the Commanding Officer/Master. This written grievance must include grievant and the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When Association President a written grievance from an employee is received by response within seven (7) days of that meeting.
Step 3 — In the Commanding Officer/Master, the CO will inform the ship's Union delegate that event a grievance has not been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievancesatisfactorily resolved at Step 2, the Commanding Officer/Master will adjudicate grievant or the grievance and will inform the employee orally and in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance furtherAssociation shall file, within fourteen seven (147) days of receipt of the decision written answer to Step 2, or, if no answer is received within the time specified in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date when the answer was due, a copy of receipt.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,
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under 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 Sectioninformal discussion.
2. First Step: If a grievance cannot be resolved informally, grievances will be processed the aggrieved shall file the grievance, in accordance writing, with the following procedureappropriate administrator. Throughout this The written grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over should state the application nature of the grievance, should note the specific clause or interpretation clauses of this AgreementAgreement that have been violated, lawmisinterpreted or misapplied, rule, or regulation, that employee shall submit 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 writing, to their immediate supervisor 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 fourteen five (145) days of the date appropriate administrator’s written decision, a copy of the action 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 condition giving rise his/her designee shall meet to resolve the grievance. If the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea The superintendent or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor his/her designee shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from file an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction answer within seven (7) days of the date 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 the grievance is not resolved at the second step, the grievance shall be submitted to the secretary of receiptthe Board within five (5) days of the filing 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 submit its answer within seven (7) days of the meeting.
5. Fourth Step: If the Board’s answer does not resolve the grievance, the 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 be submitted to arbitration as provided below:
a. The arbitration proceeding shall be conducted by an arbitrator to be selected by the two Parties within five (5) days after the Association’s request for arbitration is submitted to the Board. In the event the Parties are unable to agree upon an arbitrator, the Parties shall immediately jointly request the American Arbitration Association to submit a panel of arbitrators pursuant to the voluntary labor rules of said Association.
b. The decision of the arbitrator regarding a grievance, on the current contract only, shall be final and binding on both Parties. Binding arbitration shall mean the hearing and determination of a case in controversy by a person chosen by the Parties.
c. Expenses for the arbitrator’s services and the expenses that are common to both parties to the arbitration shall be borne equally by the Board and the Association. Each party to an arbitration proceeding shall be responsible for compensating its own representatives and witnesses.
d. The arbitrator, in his/her opinion, shall not amend, modify, nullify, ignore, or add to the provisions of this Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her in writing by the Board and the Association and his/her decision must be based on express relevant language of the Agreement.
Appears in 1 contract
Sources: Professional Negotiation Agreement
Procedures. Under this Section, grievances will be processed in accordance Level 1: Principal or immediate supervisor (Informal). An employee with a grievance shall first discuss the grievance with the following procedureprincipal or immediate supervisor, with the object of resolving the matter informally.
Level 2: Principal or immediate supervisor (Formal). Throughout this If the grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over cannot be resolved informally, the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit grievant may file the grievance in writing to their writing, with the building principal or immediate supervisor supervisor. The written grievance shall state the nature of the 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 fourteen twenty (1420) days of from the date of occurrence of the action or condition event giving rise to the grievancegrievance or from the date when the grievant could reasonably have become aware of such occurrence. If The building principal or immediate supervisor shall make a decision on the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit the grievance communicate it in writing to the Commanding Officer/Master. This written grievance must include employee and the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen within ten (1410) days after receipt of the employee's written grievance, provided at the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing request of the decision.
Step 3. If the employee is not satisfied building principal or immediate supervisor, a meeting shall be held with the adjudication grievant to discuss such grievance, in Step 2 and elects which event the building principal or immediate supervisor shall have additional time to pursue the grievance further, within fourteen respond. Such additional time shall not exceed fifteen (1415) days of from receipt of the decision in Step 2, grievance or not later than fourteen ten (1410) days after return to home port, submit from the formal written grievance to the Commanding Officer (CO) date of the applicable Marine Center. A copy of this submission meeting, if held, whichever shall be furnished to the Commanding Officer/Master who lesser. Level 3: In the event a grievance has previously adjudicated not been satisfactorily resolved at the grievance. Within fourteen second level, the grievant may file, within ten (1410) days of the date principal's or immediate supervisor's written decision at the second level, a copy of the grievance with the Executive Director of Human Resources or designee. Within seven (7) days after such written grievance is filed, the grievant and the Executive Director of Human Resources or designee shall meet to consider the grievance. The Executive Director of Human Resources or designee shall file an answer within ten (10) days of such meeting and communicate it in writing to the employee and the Union. Level 4: If the grievance is not resolved 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 thirty (30) days from receipt of the grievance, level three answer. The arbitrator shall be selected by the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction 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 accordance with these practices: The Union shall request a list of five (5) arbitrators from the Public Employment Relations Board. The arbitrator shall be selected by the two parties using an alternating strike-through process, with the first strike-through determined by a coin toss and repeating the process until one arbitrator remains. The costs for the services of the arbitrator, and the cost of the hearing room shall be borne equally by the school district and the Union. Expenses relating to either party's representatives or witnesses, and other expenses incurred by either party in 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 receiptthe close of the hearing(s) unless mutually extended by both the District and the Union. The arbitrator, in his/her decision, shall not amend, modify, nullify, ignore or add to the provisions of the Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her, and his/her decision must be based solely and only upon his/her interpretation of the meaning or application of the expressed relevant language of the Agreement. The decision of the arbitrator shall be final and binding on the parties.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this SectionIf a teacher or the Association feels that there is a grievance, grievances will be processed in accordance the teacher or Association Representative shall first discuss the matter with the following procedureprincipal or other appropriate administrator. Throughout this grievance procedure "days" is defined as "workdaysThe teacher shall have the right to have his/her Association Representative assist him/her in efforts to resolve the problem informally."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor within fourteen (14) days of the date of the action or condition giving rise to the grievance. Level One - School Principal
a. If the employee chooses, the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2. If the employee grievant is not satisfied with the decision outcome of the supervisor and elects to pursue informal procedure, he/she may, within thirty (30) days following the act or conditions on which the grievance furtheris based, present his/her claim as a formal grievance to his/her principal or supervisor.
b. The principal or supervisor shall, within ten (10) days, render his/her decision in writing to the employee must grievant.
2. Level Two - Superintendent of Schools or Designee
a. If the grievant is not satisfied with the disposition of his/her grievance at Level One, he/she may file his/her written grievance with the Superintendent or Designee within fourteen ten (1410) days of following receipt of the decision in Step 1at Level One.
b. The Superintendent or Designee shall, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen within ten (1410) days after receipt of the employee's written 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, within ten (10) days after the Commanding Officerhearing, render his/Master will adjudicate the grievance and will inform the employee orally and her decision in writing of to the decisiongrievant with a copy to the Association’s Grievance Committee Chairperson.
Step 3. Level Three - Board of Education
a. If the employee grievant is not satisfied with the adjudication in Step 2 and elects to pursue disposition of his/her grievance at Level Two, he/she may file the grievance further, with the Board of Education within fourteen ten (1410) days of following receipt of the decision in Step 2Level Two decision.
b. A committee of no less than three members of the Board of Education shall, or not later than fourteen within ten (1410) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) receipt of the applicable Marine Center. A copy appeal, meet with the grievant and with the representatives of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated Association for the purpose of reviewing the grievance. Within fourteen The meeting shall be public or private, at the option of the grievant, to the extent permitted by law.
c. The Board shall, within ten (1410) days after such meeting, render its decision in writing to the grievant with a copy to the Association’s Grievance Chairperson.
4. Level Four – Arbitration Individual teachers shall not have the right to process grievances at Level Four. If a satisfactory disposition of the grievance is not made as a result of the meeting provided for in Level Three above, the Association shall have the right to appeal the dispute to an impartial arbitrator under and in accordance with the rules of the American Arbitration Association. Such appeal must be taken within twenty (20) days from the date of receipt of the grievancedecision following the meeting provided for in Level Three above. Upon filing with the American Arbitration Association, the CO of HEA and the Marine Center shall inform Board may agree to process the employee in writing of case under the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receiptExpedited Labor Arbitration Rules.
Appears in 1 contract
Sources: Master Agreement
Procedures. Under 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 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 nature of this Sectiongrievance, grievances will the facts on which it is based, the provision or provisions of the CONTRACT allegedly violated, the remedy requested, and shall be processed 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. If the grievance has not been satisfactorily resolved at Step 3, either the Federation or the Employer may, within ten (10) calendar days, request mediation. If the parties agree that the grievance is suitable for mediation, the parties shall submit a joint request to the Minnesota Bureau of Mediation Services for the assignment of a mediator. Grievance mediation shall be completed within 30 days of the assignment.
2. Grievance mediation is an optional and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance arbitration. When grievance mediation is invoked, the contractual time 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 parties in joint session or in separate caucuses.
4. At the request 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 mediation proceeding. If the grievance is resolved, the grievant shall sign a statement agreeing to accept the outcome. Unless the parties agree otherwise, the outcome shall not be presidential.
6. If the grievance is not resolved and is subsequently moved to arbitration, such proceeding shall be de novo. Nothing said or done by the parties or the mediator during grievance mediation with respect to their positions concerning resolution or offers of settlement may be 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 provisions of the Public Employment Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the following procedure. Throughout this grievance procedure "days" is defined “Rules Governing the Arbitration of Grievances” as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor within fourteen (14) days of the date of the action or condition giving rise to the grievance. If the employee chooses, the employee may be accompanied established by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title Board Bureau of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedureMediation Services.
Step 2. If the employee is not satisfied with the decision of the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this SectionStep 1 - Oral Grievances
1. To the Superintendent
a. At the option of the tenured teacher, grievances will an oral grievance concerning placement on the seniority list, or compensation may be processed in accordance filed directly with the following procedureSuperintendent. Throughout 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 the alleged violation unless the grieved matter occurs within the last nine days of school, in which case, the grievance must be filed on or before June 30 of the current year.
b. The Superintendent may remand the grievance to the Building level if he/she deems it appropriate.
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 terms of this grievance procedure "days" is defined as "workdaysagreement. The Association representative shall be given the opportunity to be present at this adjustment."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over To the application or interpretation of this AgreementSuperintendent
a. If the oral grievance to the Superintendent in Article ▇▇, law▇, rule▇, or regulationa. above is not resolved at the oral level, that employee shall submit the grievance must be submitted in writing on the Grievance Report Form (Appendix E-1) to their immediate supervisor the Superintendent within fourteen five (145) school days of the date of initial oral grievance meeting. The form shall be signed by the action grievant and the Association Representative or condition giving rise to the grievanceofficer. The grievance process will proceed at Step 6 below. If the employee choosesgrievance is not filed in writing within those five (5) days, it shall be considered waived.
2. To the Building Principal(s) or Director
a. If the oral grievance is not resolved at the oral level, the employee may grievance must be accompanied submitted in writing on the Grievance Report Form (Appendix E-1) to the Building Principal or Director within five (5) school days after presentation of the oral grievance. The Grievance Report Form shall be signed by the ship’s Union delegate when at sea grievant and the Association Representative or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps in the grievance procedure.
Step 2officer. If the employee grievance is not satisfied with the decision of the supervisor and elects to pursue the grievance furtherfiled in writing, the employee must within fourteen those five (145) days of receipt of the decision in Step 1school days, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to it shall be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decision.
Step 3considered waived. If the employee is not satisfied grievance involves more than one school building, it will be filed with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receiptPrincipal(s).
Appears in 1 contract
Sources: Master Agreement
Procedures. Under For the purposes of this SectionAgreement, a grievance is defined as being a claim that there has been a violation of this Agreement and that the Board or the Union has acted, for the purpose of application, ration or interpretation, in a manner which violates this Agreement. When presented, in written form, a l l grievances will must be processed signed by the party aggrieved and it i s understood that all grievance forms must be presented to the other party or person grieved against within five (5) days after the occurrence of the matter which is the subject of grievance. Only the Union and its representatives shall have the right to originate a grievance on behalf of an employee, or group of employees and to seek adjustment with the employer in the manner provided in the Grievance Procedures. Such a grievance shall commence at Step If an employee has a complaint she shall first discuss her complaint with her immediate supervisor. Immediate supervisor is the first person outside the bargaining to whom she reports. If the subject of the complaint is not settled within a period of five (5) working days, then the following Steps in the Grievance Procedure should be f lowed : The aggrieved employee shall first submit the grievance to her ▇▇▇▇▇▇▇. If the ▇▇▇▇▇▇▇ considers the matter to be a grievance, as defined in then the employee, accompanied by her ▇▇▇▇▇▇▇, within five ( 5 ) working days from the day she ought t o have known of occurrence of the which is the subject of the grievance, present her grievance in writing to her Supervisor. The Supervisor shall answer in writing the grievance within five (5) working days after she has received same. If the grievance is not then settled, then the may, within five working after the written decision of the supervisor has been received or should have been received, present the grievance to either the Area Business Administrator or other representative designated by Board from time to time. In presenting such a grievance, the shall advise management of the remedies sought and any provision of this Agreement upon which the grievance is based. The Area Business Administrator or other representative designated by the Board shall answer the grievance in writing within five working days after the grievance has been received. If the grievance is not settled in accordance with Step then within ten days after the decision of the Business Administrator or other designate has been received or should have been received, then the grievance may be presented to the Management Committee made up of the Superintendent of Business, Employee Officer, Personnel Officer and one other designate. Upon receiving the grievance, the Management Commit tee shall notify the Business Representative of the Union, the members of the Union Grievance Committee and the of the time and place of a meeting when they w i l l discuss and consider the representations made and the decisions a t Step The meeting shall take place within ten (10) working days after the Management Committee has received the grievance and the decision of the Management Committee shall be given i n writing to the Business Representative of the Union within ten (10) working days after such a meet The Board may submit to the Union a grievance with respect to the conduct of the Union, its Officers, or Stewards, or members. Such a grievance may be presented by the Board, in writing, to the Business Representative of the Union, within ten days after the occurrence of the matter which is the subject of the grievance. If such a grievance is not settled, then it my be referred to Arbitration in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation provision of of this Agreement, law, rule, or regulation, that employee shall . The Union may submit a policy grievance which is distinguishable from the grievance of an individual employee and which concerns the Union itself and which alleges a violation of this Agreement. Such a grievance may be presented i n writing t o the as referred t o in writing to their immediate supervisor the Grievance Procedure within fourteen (14) ten days of after the date of the action or condition giving rise to the grievancealleged violation. If the employee choosesgrievance is not settled, it may then be referred to arbitration under the employee may be accompanied by the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is a grievance and must contain:
a. Identity and title provisions of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement. Where a specific provision of this Agreement has been alleged to have been violated or misinterpreted, a group grievance (i.e. two or law, rule, more employees in one or regulation on which more locations) may be presented by the Union denoting the number of employees affected. The grievance is based;
d. A description shall be signed by those grieving or by three members of the grievance; and
e. The corrective action desiredUnion Executive, which shall identify those who are grieving. The supervisor shall give a written decision within fourteen (14) days. Since grievance must be presented to the supervisor is a member of the bargaining unit, the decision may be modified by the Employer at subsequent steps Management as referred to in the grievance procedure.
Step 2Grievance Procedure, within ten days after the alleged violation or misinterpretation. If the employee grievance is not satisfied with settled it may be referred to Arbitration under the decision provisions of of this Agreement. In the supervisor and elects to pursue the grievance further, the employee must within fourteen (14) days of receipt of the decision in Step 1, submit the grievance in writing to the Commanding Officer/Master. This written grievance must include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate event that a grievance has been received and invite is t o proceed to arbitration, then the delegate party going to be present during adjustment decision arbitration must send a notice of intention to proceed to arbitration to the grievance. Within fourteen other party within ten (1410) days after receipt the last Step in the Grievance Procedure has been exhausted. The notice of intention to proceed to arbitration shall. contain a statement of the employeematter in dispute and the relief sought from an Arbitration The statement must also include the name and address of party's written grievance, nominee to the Commanding Officer/Master will adjudicate proposed Arbitration Board. The party who receives the grievance and will inform notice of intention to proceed to arbitration shall then notify the employee orally and in writing other party of the name and address of its nominee to the proposed Arbitration Board within ten (10) working days after receiving the notice. The two nominees so appointed shall attempt to select a Chairman for the Board, but i f they are unable to agree upon the selection within a period of ten (10) days, either of the nominees shall then have the right t o request the Minister of Labour for Ontario to appoint for the Arbitration Board. Each party shall bear the expenses of its own nominee to an Arbitration Board and the parties shall jointly and equally bear the expenses of the Chairman. No grievance may be submitted to a Board of Arbitration dealt with by a Board unless i t has been properly carried through all the required Steps of the Grievance and Arbitration Procedures. The Board of Arbitration may determine its own procedure but shall give full opportunity to all parties to present evidence and make representations to it. It shall hear and the difference or allegation and render a decision.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen (14) days of receipt of the decision in Step 2, or not later than fourteen (14) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) of the applicable Marine Center. A copy of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Within fourteen (14) days of the date of receipt of the grievance, the CO of the Marine Center shall inform the employee in writing of the decision. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven (7) days of the date of receipt.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Under this Section, grievances will A. Any grievance must be processed in accordance with the following procedure. Throughout this grievance procedure "days" is defined as "workdays."
Step 1. Whenever an employee considers themselves aggrieved over a matter arising over the application or interpretation of this Agreement, law, rule, or regulation, that employee shall submit the grievance in writing to their immediate supervisor filed within fourteen ten (1410) days of the date aggrieved act or it shall be deemed forever waived by the grievant.
B. Since it is important that a grievance be processed as rapidly as possible, the number of days indicated at each level should be considered a maximum, and every effort should be made to expedite the process.
C. In the event a grievance is filed on or after the closing of the action or condition giving rise school year, which, if left unresolved until the beginning of the following school year, could result in irreparable harm to the grievance. If the employee choosesa party in interest, the employee parties agree to make a good faith effort to reduce the time limits set forth herein so that the grievance procedure may be accompanied by exhausted as soon as is practicable.
D. Nothing herein contained will be construed as limiting the ship’s Union delegate when at sea or by the ship’s Union delegate or Union port official if the ship is in home port. This grievance must clearly state that it is right of any grievant having a grievance to discuss the matter informally and must contain:
a. Identity and title of the employee;
b. Declaration or waiver of Union representation;
c. Specification of Article, Section, and subsection of this Agreement, or law, rule, or regulation on which grievance is based;
d. A description of the grievance; and
e. The corrective action desired. The supervisor shall give a written decision within fourteen (14) days. Since the supervisor is a confidentially with any appropriate member of the bargaining unitadministration, and having the decision 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 modified 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 Employer Association. In any event the Association shall have a right to have a representative present and to state its views at subsequent steps in all stages of the grievance procedure.
Step 2F. 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 Senior Executive Director of Human Resources.
G. Level One - Written Formal Grievance to Principal If the employee aggrieved party is not satisfied with the decision disposition of the supervisor and elects to pursue grievance by the grievance furtherprincipal or immediate supervisor, the employee must grievant may file a written grievance with the principal/immediate supervisor on forms provided by the School District and the Association within fourteen five (145) 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 - Senior Executive Director of Human Resources Within ten (10) days of receipt of the decision rendered by the principal/immediate supervisor, any party in Step 1interest 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, submit the grievance Senior Executive Director of Human Resources shall communicate a decision in writing to the Commanding Officer/Masterall parties in interest. This written grievance must The decision shall include the same information as is required in Step 1 plus a chronological account of discussions with the supervisor. When a written grievance from an employee is received by the Commanding Officer/Master, the CO will inform the ship's Union delegate that a grievance has been received and invite the delegate to be present during adjustment decision of the grievance. Within fourteen (14) days after receipt of the employee's written grievance, the Commanding Officer/Master will adjudicate the grievance and will inform the employee orally and in writing of the decisionsupporting reasons therefor.
Step 3. If the employee is not satisfied with the adjudication in Step 2 and elects to pursue the grievance further, within fourteen I. Level Three - Superintendent Within ten (1410) days of receipt of the decision rendered by the Senior Executive Director of Human Resources, any party in Step 2interest may appeal the Director’s decision to the Superintendent, or not later than fourteen designee, on forms provided by the School District and the Association. The appeal shall include a copy of the decisions of Level One and Level Two and the grounds for regarding the decision as incorrect. Within ten (1410) days after return to home port, submit the formal written grievance to the Commanding Officer (CO) receipt of the applicable Marine Centerappeal, the Superintendent, or designee, shall communicate the decision in writing to all parties in interest. A copy The decision shall include supporting reasons therefor.
J. Level Four - Board of this submission shall be furnished to the Commanding Officer/Master who has previously adjudicated the grievance. Education Within fourteen ten (1410) days of the date of receipt of the grievancedecision 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 CO Board of Education shall set a hearing for the grievance and shall forward written notice of the Marine Center shall inform the employee in writing time and place of the decisionhearing to all parties in interest. If not satisfied, the employee may notify the Union and Marine Center Director in writing of their dissatisfaction within seven Within fifteen (715) days of hearing of the date appeal, the Board of receiptEducation 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 Senior Executive Director of Human Resources and the Association, a grievance affects a group or class of teachers, the Association may submit such grievance in writing to the Superintendent directly and the processing of the 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 defined herein. If at any level it is determined that the grievance is not a proper grievable item, then that determination should be noted in the decision rendered. This Agreement, and all items agreed on pursuant to this Agreement, when adopted and signed by both parties, shall remain in effect for so long as the Association is recognized as the lawful representative of the certified personnel of the Union School District or until modified by the parties in writing. Either party desiring changes in this Agreement shall notify the other party in writing at least thirty (30) days prior to any regular meeting of the negotiations committee. Any changes in this Agreement must be made by a majority consent of both 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 UNION PUBLIC SCHOOLS UCTA SALARY INDEX AND SCALE 2016-2017 DISTRICT STEP State Minimum * Base Salary * District-Paid Benefits ** State-Paid TRS Credit *** Total Annual Compensation Monthly State Flexible Benefit Allowance A**** Monthly State Flexible Benefit Allowance B***** 0 31,600 32,350 993.84 60.15 33,404 526.88 69.72 1 31,975 32,472 993.84 103.41 33,569 526.88 69.72 2 32,350 32,856 993.84 145.65 33,996 526.88 69.72 3 32,725 33,420 993.84 188.15 34,602 526.88 69.72 4 33,100 33,987 993.84 233.33 35,214 526.88 69.72 5 33,500 34,481 993.84 278.76 35,754 526.88 69.72 6 33,900 34,877 993.84 325.26 36,196 526.88 69.72 7 34,300 35,275 993.84 372.82 36,642 526.88 69.72 8 34,700 35,672 993.84 421.44 37,087 526.88 69.72 9 35,100 36,069 993.84 471.12 37,534 526.88 69.72 10 35,950 36,493 993.84 521.87 38,009 526.88 69.72 11 36,375 36,917 993.84 573.67 38,484 526.88 69.72 12 36,800 37,339 993.84 626.54 38,959 526.88 69.72 13 37,225 38,136 993.84 680.48 39,810 526.88 69.72 14 37,650 38,524 993.84 735.47 40,254 526.88 69.72 15 38,075 39,087 993.84 791.53 40,872 526.88 69.72 16 38,500 39,537 993.84 848.65 41,380 526.88 69.72 17 38,925 39,987 993.84 906.83 41,888 526.88 69.72 18 39,350 40,436 993.84 966.07 42,396 526.88 69.72 19 39,775 40,887 993.84 1,026.38 42,907 526.88 69.72 20 40,200 41,336 993.84 1,087.75 43,418 526.88 69.72 21 40,625 41,786 993.84 1,150.18 43,930 526.88 69.72 22 41,050 42,236 993.84 1,213.68 44,444 526.88 69.72 23 41,475 42,690 993.84 1,278.23 44,962 526.88 69.72 24 41,900 43,145 993.84 1,343.85 45,483 526.88 69.72 25 42,325 43,600 993.84 1,410.53 46,004 526.88 69.72 26 42,325 44,069 993.84 1,410.53 46,474 526.88 69.72 27 42,325 44,583 993.84 1,410.53 46,988 526.88 69.72 28 42,325 45,097 993.84 1,410.53 47,501 526.88 69.72 29 42,325 45,610 993.84 1,410.53 48,014 526.88 69.72 30 42,325 46,125 993.84 1,410.53 48,529 526.88 69.72 31 42,325 46,637 993.84 1,410.53 49,041 526.88 69.72 32 42,325 47,151 993.84 1,410.53 49,555 526.88 69.72 33 42,325 47,663 993.84 1,410.53 50,067 526.88 69.72 34 42,325 48,178 993.84 1,410.53 50,582 526.88 69.72 35 42,325 50,417 993.84 1,410.53 52,822 526.88 69.72 36 42,325 50,816 993.84 1,410.53 53,221 526.88 69.72 37 42,325 51,215 993.84 1,410.53 53,619 526.88 69.72 38 42,325 52,268 993.84 1,410.53 54,672 526.88 69.72 39 42,325 52,813 993.84 1,410.53 55,217 526.88 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 $526.88 per month ($526.88 x 12 = $6,322.56/year). One half of the monthly amount ($263.44) 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 one of the district's group health insurance plans. ***** 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. UNION PUBLIC SCHOOLS UCTA SALARY INDEX AND SCALE 2016-2017 DISTRICT STEP State Minimum * Base Salary * District-Paid Benefits ** State-Paid TRS Credit *** Total Annual Compensation Monthly State Flexible Benefit Allowance A**** Monthly State Flexible Benefit Allowance B***** * 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 $526.88 per month ($526.88 x 12 = $6,322.56/year). One half of the monthly amount ($263.44) 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 one of the district's group health insurance plans. ***** 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. UNION PUBLIC SCHOOLS UCTA SALARY INDEX AND SCALE 2016-2017 DISTRICT STEP State Minimum * Base Salary * District-Paid Benefits ** State-Paid TRS Credit *** Total Annual Compensation Monthly State Flexible Benefit Allowance A**** Monthly State Flexible Benefit Allowance B***** 0 32,800 33,600 993.84 60.15 34,654 526.88 69.72 1 33,175 33,734 993.84 103.41 34,831 526.88 69.72 2 33,550 34,104 993.84 145.65 35,243 526.88 69.72 3 33,925 34,650 993.84 188.15 35,832 526.88 69.72 4 34,300 35,239 993.84 233.33 36,466 526.88 69.72 5 34,700 35,752 993.84 278.76 37,025 526.88 69.72 6 35,100 36,148 993.84 325.26 37,467 526.88 69.72 7 35,500 36,546 993.84 372.82 37,913 526.88 69.72 8 35,900 36,944 993.84 421.44 38,359 526.88 69.72 9 36,300 37,340 993.84 471.12 38,805 526.88 69.72 10 37,575 37,764 993.84 521.87 39,280 526.88 69.72 11 38,000 38,919 993.84 573.67 40,487 526.88 69.72 12 38,425 40,029 993.84 626.54 41,650 526.88 69.72 13 38,850 40,541 993.84 680.48 42,216 526.88 69.72 14 39,275 40,996 993.84 735.47 42,725 526.88 69.72 15 39,700 41,378 993.84 791.53 43,163 526.88 69.72 16 40,125 42,159 993.84 848.65 44,002 526.88 69.72 17 40,550 42,664 993.84 906.83 44,565 526.88 69.72 18 40,975 43,088 993.84 966.07 45,048 526.88 69.72 19 41,400 43,642 993.84 1,026.38 45,662 526.88 69.72 20 41,825 44,518 993.84 1,087.75 46,599 526.88 69.72 21 42,250 44,916 993.84 1,150.18 47,060 526.88 69.72 22 42,675 45,313 993.84 1,213.68 47,520 526.88 69.72 23 43,100 45,712 993.84 1,278.23 47,984 526.88 69.72 24 43,525 46,174 993.84 1,343.85 48,512 526.88 69.72 25 43,950 47,363 993.84 1,410.53 49,767 526.88 69.72 26 43,950 47,763 993.84 1,410.53 50,167 526.88 69.72 27 43,950 48,161 993.84 1,410.53 50,565 526.88 69.72 28 43,950 48,562 993.84 1,410.53 50,966 526.88 69.72 29 43,950 48,919 993.84 1,410.53 51,324 526.88 69.72 30 43,950 50,140 993.84 1,410.53 52,545 526.88 69.72 31 43,950 50,583 993.84 1,410.53 52,987 526.88 69.72 32 43,950 50,982 993.84 1,410.53 53,386 526.88 69.72 33 43,950 51,383 993.84 1,410.53 53,787 526.88 69.72 34 43,950 51,692 993.84 1,410.53 54,096 526.88 69.72 35 43,950 54,633 993.84 1,410.53 57,037 526.88 69.72 36 43,950 55,034 993.84 1,410.53 57,438 526.88 69.72 37 43,950 55,433 993.84 1,410.53 57,837 526.88 69.72 38 43,950 55,849 993.84 1,410.53 58,253 526.88 69.72 39 42,325 57,093 993.84 1,410.53 59,498 526.88 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. On
Appears in 1 contract
Sources: Master Contract