Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's immediately involved supervisor to resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows: a. The teacher or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work days after the receipt of the grievance. The Association's representative, the grievant, and 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 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 Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the 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 response, including the reasons for the decision. c. If the 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 disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be 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. 17.3.1 The parties hereto acknowledge that it is usually most desirable for a teacher number of days indicated at each level of this procedure shall be considered maximum and every effort shall be made to expedite the teacher's immediately involved supervisor process.
17.3.2 Grievance proceedings shall be kept informal at all levels of this procedure.
17.3.3 If the College fails to resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist comply in the informal resolution writing or with its time limit requirements as set forth under any of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. Ifprocedure steps, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. The teacher or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work days after the receipt of the grievance. The Association's representative, the grievant, and 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 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 Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the 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 response, including the reasons for the decision.
c. If the 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 disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be deemed withdrawnconsidered automatically appealed to the next level of the procedure.
117.3.4 If the grievant fails to comply with the grievant’s time limit requirements as set forth under any of the procedure’s steps, the grievance shall be considered null and void.
17.3.5 The time limits set forth herein may be extended provided the extension has been mutually agreed upon in writing by the parties.
17.3.6 A grievance shall not be considered unless the grievant initiates the grievance no later than ten (10) days after the grievant knew or reasonably should have known of the action which precipitated the grievance and contains, at a minimum, what contractual provision(s) of this collective bargaining agreement is alleged to have been violated, the facts constituting the alleged violation, the date of the incident giving rise to the grievance and the relief requested.
17.3.7 No reprisal or retaliation shall be taken against any person who participates in this procedure.
17.3.8 A grievant may be accompanied and represented by the Union and the charged party may be represented by a person of the party’s choice at any hearing or meeting conducted under this procedure.
17.3.9 The parties agree to make good faith efforts to exchange information in order to expedite the process.
17.3.10 An employee, acting individually, may present a grievance without the intervention of the Union provided the grievance has been processed in accordance with this procedure. The arbitrator shall have no power to alter the terms of this Agreement. His/her authority grievant shall be strictly limited responsible for notifying the Union in writing that a grievance is being filed. At any hearing or meeting related to deciding only a grievance brought individually by an employee, the issue or issues presented to him Union shall be notified by the Board grievant of the hearing in advance and afforded the Association, opportunity to be present and his/her decision make its views known. Any adjustment made shall be based only upon interpretation of consistent with the meaning or the application of the express relevant language provisions of this Agreement.
2. Each party shall bear 17.3.11 If a grievance affects a group of two or more employees or involves a decision or action by the full cost for its representation in College which has a departmental or College- wide impact, the arbitrationUnion may submit the grievance on behalf of the affected employees at Level 2 of this procedure. The cost 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 at each step of the arbitrator grievance procedure and the decision shall be divided equally between submitted to both the grievant and the Union.
17.3.15 Grievances shall be filed on forms approved by the parties.
3. If either party requests a transcript of the proceedings, that party 17.3.16 The parties shall bear the full cost of the transcript. If both parties order a transcript, the cost of the 2 transcripts shall maintain confidentiality for all grievance proceedings and for documents required by law to 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 partieskept confidential.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. 7.3.1 The parties hereto acknowledge that it is usually most desirable for a teacher number of days indicated at each level of this procedure shall be considered maximum and every effort shall be made to expedite the teacher's immediately involved supervisor process.
7.3.2 Grievance proceedings shall be kept informal at all levels of this procedure.
7.3.3 If the College fails to resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist comply in the informal resolution writing or with its time limit requirements as set forth under any of the grievance. This informal approach does not extend or waive procedure steps, the 15 day 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 noted above. Ifor procedural requirements, howeveras set forth under any of the procedure’s steps, the informal process fails grievance shall be considered null and void. At this point the College shall have no obligation to satisfy the teacher schedule any grievance meetings or the Association, a grievance arbitration.
7.3.5 The time limits set forth herein may be processed as follows:extended provided the extension has been mutually agreed upon in writing by the parties.
a. The teacher or 7.3.6 A grievance shall not be considered unless the Association may present grievant initiates the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work no later than fifteen (15) days after the receipt grievant knew or reasonably should have known of the action, which precipitated the grievance.
7.3.7 No reprisal or retaliation shall be taken against any person who participates in this procedure.
7.3.8 A grievant may be accompanied and represented by the Union (this provision does not authorize representation by any party other than a Union representative) and the charged party may be represented by a person of the party’s choice at any hearing or meeting conducted under this procedure.
7.3.9 An employee, acting individually, may present a grievance without the intervention of the Union provided the grievance has been processed in accordance with this procedure. The 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 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 Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the 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 responsible for notifying the superintendent's written response, including the reasons for the decision.
c. If the Union in writing that a grievance is not resolved at Step B then being filed. At any hearing or meeting related to a grievance brought individually by an employee, the Union shall be notified by 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 hearing in advance and afforded the Step B meeting, whichever is the lateropportunity to be present and make its views known. The Board of Education will hear all grievance appeals at the next regularly scheduled Board of Education meeting. Each party shall have the right to include in its representation such witnesses or counselors as it deems necessary. Within 10 teacher work days of the meeting, the Association and the grievant shall be provided with the Board of Education's written response, including the reasons for the decision.
d. If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be deemed withdrawn.
1. The arbitrator CNM shall have no power responsibility to alter notify the terms of Union if the employee does not comply with this Agreementrequirement. His/her authority Any adjustment made by the College shall be strictly limited to deciding only consistent with 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 provisions of this Agreement.
27.3.10 If a grievance affects a group of two or more employees and involves a decision or action by the College, which has a departmental or College-wide impact, the Union must notify the Executive Director of Human Resources of the Union’s intent to submit the grievance on behalf of the affected employees at Level 2 of this procedure. Each party Such notification must be in writing and must include the provision(s) of the Agreement allegedly violated, a description of the facts which led the grievant to believe there has been a violation of the Agreement, the dates and times of the incident that the grievant believes precipitated the grievance, all known witnesses, and the relief requested. Grievances which do not contain this information shall bear be considered null and void. The Executive Director of Human Resources shall identify the full cost 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 its representation informal decisions at ▇▇▇▇▇ ▇, all decisions shall be submitted in writing at each step of the grievance procedure and the decision shall be submitted to both the grievant and the Union.
7.3.14 Grievances shall be filed on forms approved by the parties. Emails shall be considered “in writing” for the purposes outlined in this Article.
7.3.15 The parties shall maintain confidentiality for all grievance proceedings and for documents required by law to be kept confidential. If a grievant or the Union violates this provision, this action will be a waiver by the grievant and/or Union of any confidentiality right the grievant or the Union may have which is related to the grievance.
7.3.16 The parties may agree to 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 arbitrationpossession 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 proceeding is initiated, the grievance time limits will be placed on hold in writing. The cost of the arbitrator proceeding shall be divided equally between conducted by a representative appointed by the parties.
3Union and one appointed by the College. If either party requests a transcript of determines that the proceedingsproceeding should be terminated, that party may end the settlement proceeding by submitting a notification in writing to the other party of its intent to terminate the proceeding and reinstate the time limits. The time limits shall bear be reinstated upon service to the full cost other party of such reinstatement and shall include any portion 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 time limits that expired prior to the arbitrator, parties agreement to toll the cost of such shall be divided equally by the partiestime limits.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. (a) Step One - (Informal): A teacher with a grievance shall generally first discuss his complaint with his principal or immediate superior by:
(1). Expressing his or her complaint directly to his or her principal or immediate superior, or
(2). Requesting his or her education association representative to express his or her complaint to his or her principal or immediate superior for him or her, or
(3). Appearing together with his or her education association representative before his or her principal or immediate superior for the purpose of expressing said complaint. If the complaint refers to the application or interpretation of personnel policies, rules, regulations; or an administrative decision, the principal or appropriate superior shall give the education association representative an opportunity to state the views of the association. Within five days, the principal or appropriate superior shall communicate his or her views to the aggrieved, to his or her representative (if any), and to any participating education association representative. Before resolving the complaint, the principal or the appropriate superior may consult the next higher level of administration for an opinion. If the aggrieved is not satisfied, he or she may then take or request that the complaint be taken to an appropriate higher level or administration or appropriate higher level of his or her education association. At any point in the above procedure the aggrieved teacher, the principal or appropriate superior, or the education association representative may request that the complaint under consideration be referred to a fact-finding committee and thus proceed directly to the more formal machinery set forth in Step Two of this grievance procedure.
(b) Step Two - (Formal): On proper written notice, the Association’s fact-finding committee, hereafter referred to as the “Grievance Committee”, shall within five (5) days transmit the complaint to the Superintendent. The Superintendent or his or her designated representative shall then work with the Grievance Committee in a full good faith effort to seek an equitable solution. A written copy of the proceedings of all meetings held concerning a given complaint under this step shall be furnished to the aggrieved teacher, to the Superintendent or his or her representative, to each member of the Grievance Committee, and to the president of the Association. The parties hereto acknowledge that it involved must resolve any complaint under consideration within ten days after the Grievance Committee has transmitted the complaint to the Superintendent.
(c) Step Three - (Formal): If a solution acceptable to all parties concerned is usually most desirable for a teacher and not reached within ten days after the Grievance Committee has transmitted the complaint to the teacher's immediately involved supervisor to resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher Superintendent or the Association, a Grievance Committee may institute binding grievance may be processed as follows:
a. The teacher or the Association may present the grievance arbitration by so requesting in writing to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work School Board and the elected officers of the Association. Within ten days after receiving a written request for binding grievance arbitration the 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 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 Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the 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 response, including the reasons for the decision.
c. If the 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 disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be 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 School Board and the Association’s elected officers shall appoint a mutually acceptable neutral third party, and his/free from influence by the parties involved as an arbitrator. Within ten days after his or 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 appointment, the arbitrator shall be divided equally between examine the parties.
3. If either party requests a transcript complaint, consider the opinions of all parties concerned, interpret the school policy in question, and submit his or her written recommendation to the school and the elected officers of the proceedings, that party shall bear the full cost of the transcriptAssociation for official confirmation. If both parties order a transcript, the cost of the 2 transcripts The arbitrator’s recommendation shall be divided equally between considered to be binding on all parties concerned unless the partiesSchool Board is advised that it’s legal discretion to decide has been violated. If a copy The costs of the transcript is furnished to the arbitrator, the cost of such arbitration shall be divided born equally by the partiesSchool Board and the Association.
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
Procedures. The parties hereto acknowledge A member(s) of the bargaining unit with an alleged grievance may initiate the grievance procedure in one (1) of the ways listed at LEVEL I. LEVEL I:
1. He/she may approach the administrator immediately concerned and discuss the matter on his/her own behalf.
2. He/she may request that it is usually most desirable for a teacher representative of the Association accompany him/her in approaching the administrator, and the teacher's immediately involved supervisor to resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany speak on behalf of the teacher grievant if desired. The administrator shall not initiate any consultation with the grievant prior to assist 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 resolution of claim at LEVEL I, the grievant may request the Association Grievance Committee to continue with the grievance. This informal approach does not extend or waive If the 15 day time limit noted above. If, howevercommittee agrees, the informal process fails Association becomes the grievant and will continue with the grievance by proceeding to satisfy Level II. However, no grievance shall proceed to Level II unless it is an Association grievance. If the teacher committee decides not to proceed with the grievance, the grievance will be withdrawn without prejudice or the Association, a grievance may be processed as followsrecord. LEVEL II:
a. 1. The teacher or the Association may present grievant shall within five (5) days submit copies of the grievance in writing to the immediately involved immediate administrator/supervisor, who will arrange for a meeting to take place within 10 teacher work .
2. Within five (5) days after of the receipt of the grievance. The Association's representative, the immediate administrator/supervisor shall meet with 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.
3. Within 5 teacher work five (5) days of the meeting, the immediate administrator/supervisor shall write a disposition of the grievance and return a copy to the grievant (Association), the grieving employee, and the Association shall be provided with the supervisor's written response, including the reasons for the decisionSuperintendent.
b. 4. 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 Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the 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 response, including the reasons for the decision.
c. If the 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 disposition of the grievance at Step C or LEVEL II, the time limits expire without grievant may pursue the issuance grievance further by proceeding to LEVEL III. LEVEL III:
1. The grievant shall within ten (10) days of the Board of Education's written replydisposition at LEVEL II, the Association may submit the grievance in writing to binding arbitrationthe Superintendent or his/her designee.
2. The Association shall request a panel of seven Within ten (710) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answerwritten grievance, then the Superintendent or his/her designee shall meet with the grievant.
3. Within ten (10) days of this meeting, the superintendent or his/her designee shall write a disposition of the grievance shall be deemed withdrawnand forward copies to the grievant (Association), the grieving employee, and the immediate administrator/supervisor.
4. If the grievant is not satisfied with the disposition of the grievance at LEVEL III, the grievant may pursue the grievance further by proceeding to LEVEL IV. LEVEL IV.
1. The Association shall notify the Superintendent by certified mail, with return receipt requested, within ten (10) days after receipt of the LEVEL III disposition that it intends to submit the grievance to arbitration.
2. Within ten (10) days following the receipt of the written request for arbitration, the superintendent or designee and the Association or representative shall mutually petition the American Arbitration Association (AAA) to provide both parties with a list of seven (7) names from which an arbitrator will be selected by the alternate strike method and notified in accordance with the rules of the AAA.
a. A second list of seven (7) names may be requested by either party.
b. The toss of a coin shall determine who strikes first.
3. 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 power authority to alter the alter, add, or subtract from terms and conditions 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 Agreementagreement.
2. Each party shall bear the full cost for its representation in the arbitration7. The cost costs 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 shared equally by the partiesAssociation and the Board.
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
Procedures. The parties Parties hereto acknowledge that it is usually most desirable for a teacher an employee and the teacher's immediately involved supervisor to resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the such informal process fails processes fail to satisfy the teacher or the Associationteacher, a grievance may be processed as follows:
a. A. The teacher or the Association may grievant shall present the grievance in writing within twenty-two (22) days of occurrence of the event giving rise to the immediately involved supervisorgrievance, who will arrange for (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 meeting written answer to take place within 10 the grievance of the aggrieved teacher work with ten (10) days after the 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 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. B. If the grievance is not resolved at Step A, then the grievant or the Association aggrieved may refer the grievance to the superintendent Superintendent or the superintendent's official designee within 10 teacher work ten (10) days after the receipt of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the lateranswer. The superintendent Superintendent shall arrange for a meeting to take place within 10 teacher work with ten (10) days of the 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 ten (10) days of the meeting, the Association and the grievant shall be provided with the superintendent's Superintendent’s written response.
C. If the grievant is not satisfied with the answer at Step B, the grievant may submit the grievance to the Board of Education within ten (10) days to be discussed at the next regular Board meeting. Within ten (10) days of the meeting, the grievant shall be provided with the Board’s written response, including the reasons for the Boards’ decision.
c. If a. The grievant may request a closed hearing.
b. Neither the grievance is Board not resolved at Step B then the grievant Grievant shall be permitted to assert any grounds or the Association may refer the grievance evidence, which was not disclosed 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 decisionother part forty-eight (48) hours previously.
d. c. If the Association is not satisfied with the disposition of the grievance at Step C C, or the time limits expire without the issuance of the Board of Education's Board’s written reply, the Association may my submit the grievance to final and binding arbitration. The Association shall request a panel of seven (7) arbitrators from arbitration under 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 Voluntary Arbitration Rules of the receipt American Arbitration Association, which shall act as administrator of the Step C answer, then the grievance shall be deemed withdrawnproceedings.
1. i. The arbitrator shall have no power arbitrator, in to alter the terms provisions of this Agreement. His/her His authority shall be strictly limited to deciding only the issue or issues presented to him in writing by the Board School District and the Association, and his/her his decision shall must be based only solely upon his interpretation of the meaning or the application of the express relevant language of the Agreement this Agreementopinion, shall not amend, modify, nullify, ignore, or add.
2ii. Each party shall bear the full cost costs for its representation in the arbitration. The cost of the arbitrator shall be divided equally between the partiesgrievance procedure.
3iii. If either party requests a transcript of the proceedings, that party shall bear the full cost of the costs for that transcript. If both parties order a transcript, the cost of the 2 two (2) transcripts shall be divided equally between the partiesBoard and the Association.
iv. If a copy of the transcript is furnished to the arbitrator, Each party shall share equally the cost of such 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 divided equally 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 partiesemployee and the Superintendent.
D. Class grievances involving one (1) or more teachers or one (1) or more supervisors and grievances involving administrators above the building level may be initially filed by the Association at Step B.
E. The Board acknowledges the right of the teachers to have a local Association representative present, if the grievant requests one, at Step A and B, and any Association representative, if the grievant requests on, at Step C. No teacher shall be required to discuss any grievance if the Association representative is not present, if one is requested.
▇. ▇▇ reprisals shall be taken by the Board or Administration against a teacher because of his/her participation in a grievance.
G. With the Superintendent’s approval, the Grievant and the local representative may be released from his/her assignment with loss of pay or benefits to attend meetings specified in Section 10.2.
Appears in 2 contracts
Sources: Teacher Contract, Teacher Contract
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher incumbent upon the ParaEducator and the teacher's immediately involved his/her immediate supervisor to resolve problems through free and informal communications. When requested by a teacherthe ParaEducator, an Association representative may accompany the teacher ParaEducator in order to assist in the informal resolution of the grievance. This informal approach does not extend or waive Nothing contained herein shall be construed as limiting the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, right of any ParaEducator having a grievance may be processed as follows:to discuss the matter informally with his/her immediate supervisor and having the grievance adjusted, provided the resolution agreed to is not inconsistent with the terms of this Agreement.
a. 1. Level One The teacher formal grievance procedure begins when the ParaEducator or the Association may present presents the grievance in writing to the immediately involved supervisorDivision Chair. The grievance statement must specify the nature of the grievance, who will arrange for a meeting section of this Agreement which has been violated, and the remedy sought. Such grievance shall be submitted within twenty (20) days of the occurrence or knowledge of the event giving rise to take place within 10 teacher work days after the 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 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 Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work five (5) days of after receipt of the appeal. Each party shall have the right to include in its representation such witnesses or counselors as it deems necessarygrievance statement. The purpose grievant, Association representative or immediate supervisor may invite the person or persons of his/her choice to meet with the meeting is supervisor to resolve help settle the issuegrievance. Within 10 teacher work days of The supervisor shall provide a written answer to the meetinggrievance together with the supporting reasons therefore. Copies shall be given to the grievant, the Association and to the grievant shall be provided with Superintendent within three (3) days after the superintendent's written response, including the reasons for the decisionmeeting.
c. 2. Level Two If the grievance is not resolved at Step B then Level One, or if no decision has been rendered within three (3) days after the meeting at Level One, the grievant or the Association may refer appeal to the Principal of the building (or his/her designee) in which the grievance is alleged to have occurred. The appeal must be in writing and must include the original written grievance to the supervisor, a copy of the supervisor's written response, and statement why the response does not resolve the grievance within (5) days. The Principal (or his/her designee) shall thereafter schedule a meeting with the grievant, the Association, the supervisor, and the person or persons chosen by the grievant within five (5) 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 which to appeal in writing to the Superintendent. This appeal shall include copies of all written documents exchanged to the point of the Level Three appeal and a written statement of rationale as to why the Principal's response does not constitute resolution. The Superintendent shall have five (5) school days to schedule a meeting between the grievant and his/her Association representative and the Superintendent (or his/her designee). The Superintendent (or his/her designee) shall have ten (10) school days after the meeting to respond in writing.
4. Level Four Should the grievance still not be resolved at Level Three, the grievant shall have five (5) school days from 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 within 10 teacher work 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 after the receipt of the Step B answer hearing or within 20 teacher work five (5) school days after of the Step B meetingnext scheduled Board meeting following the hearing, whichever is later, the laterBoard (or its designee(s)) shall respond in writing to the grievant and Association.
5. The Board of Education will hear all Level Five In the event the 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 meetingis not resolved, the Association and the grievant shall be provided with the Board of Education's written responsemay, including the reasons for the decision.
d. If the Association is not satisfied with the disposition on behalf of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written replygrievant, the Association may within fifteen (15) school days, submit the grievance to binding arbitration. The arbitration through the American Arbitration Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be deemed withdrawn.
1AAA). The arbitrator shall rule only on the alleged violation and shall have no power to alter the terms and/or conditions 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 Agreement or the application working conditions of the express relevant language of ParaEducators covered by this Agreement.
2. Each party shall bear the full cost for its representation in the arbitration. The cost 50% 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 transcriptarbitration, the except that each party shall bear full cost for any transcripts 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 partiesproceeding it requests.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Negotiated Agreement
Procedures. The parties hereto acknowledge that it In the event an adjunct faculty member or group of adjunct faculty members believes there is usually most desirable a basis for a teacher and the teacher's immediately involved supervisor to resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. 1. The teacher party or the Association may present parties involved shall informally discuss the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work days after the receipt of the grievance. The Association's representative, the grievant, and 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 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 decisiondivision ▇▇▇▇ or designee.
b. 2. If the grievance is not resolved at Step Athrough informal discussion, then the grievant or may invoke the Association may refer formal grievance procedure by filing a signed written statement of the grievance to with the superintendent Vice President for Academic Affairs within twenty-one (21) working days of its occurrence (or the superintendent's official designee within 10 teacher work days after receipt of the Step A answer date when the adjunct faculty member or within 15 teacher work days after Federation became aware or should reasonably have become aware of the Step A meeting, whichever is the latermatter). The superintendent shall arrange for a meeting to take place within 10 teacher work This initiates Grievance Level One.
3. Within ten (10) working days of receipt the filing of the appeal. Each party grievance, the Vice President for Academic Affairs (or designee) shall have meet with the right to include grievant and his/her Federation representative in its representation such witnesses or counselors as it deems necessary. The purpose of the meeting is an effort to resolve the issuegrievance. Within 10 teacher work 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, the Association and the grievant shall be provided with the superintendent's written response, including the reasons for the decision.
c. 4. If the 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 Federation is not satisfied with the disposition of the grievance at Step C by the Vice President for Academic Affairs (or designee), or if no disposition is made within the time limits expire without the issuance of the Board of Education's written replyin Level One, the Association may submit Federation shall transmit the grievance to binding arbitration. The Association shall request the President by filing a panel of seven written copy thereof within ten (710) arbitrators working days from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then decision (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 within fifteen (15) working days. If the grievance is denied, the President (or designee) shall state the reasons for doing so.
6. If the Federation is not satisfied with the disposition of the grievance by the President, the grievance* may be submitted to arbitration within ten (10) working days from the date of receipt of the President’s decision. To initiate arbitration, the 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 arbitrator with respect to grievances based on alleged misapplications, misinterpretations or violations of contract provisions dealing with professional responsibilities, workload or work assignments shall be deemed withdrawnadvisory. Decisions of the arbitrator with respect to all other grievances shall be binding.
17. The arbitrator shall submit a written decision within thirty (30) calendar days of the hearing. The arbitrator shall have no power to alter alter, modify, add to or subtract from the provisions of the agreement; his/her authority shall be limited to deciding the disposition of an alleged violation of the express written terms of this Agreement. His/her authority The arbitrator’s fees and expenses shall be strictly limited to deciding only the issue or issues presented to him shared equally 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 AgreementFederation.
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: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's immediately involved supervisor to an Administrator may resolve problems through free and informal communications. When requested by The informal disposition of problems in no way prohibits the Association from filing a teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievancegrievance nor does it establish a precedent. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the AssociationHowever, a grievance may shall be processed as follows:
a. Step I. The teacher or the Association may grievant shall present the grievance in writing writing, signed, dated and specifying the remedy sought to the immediately involved supervisoradministrator within ten (10) days of the occurrence, who 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 10 teacher work ten (10) days after the of receipt of to the grievance. The Association's representative, the grievant, and the immediately involved supervisor may administrator shall be present for the meeting. The purpose of the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work ten (10) days of the meeting, the grievant and the Association shall be provided with the supervisorAdministrator's written response, including the reasons for the decision.
b. Step II. If the grievance is not resolved at Step AI, then the grievant or the Association may shall refer the grievance to the superintendent Superintendent or the superintendentSuperintendent's official designee within 10 teacher work ten (10) days after receipt of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the laterI answer. The superintendent Superintendent shall arrange with the Association's representative for a meeting to take place within 10 teacher work ten (10) days of the Superintendent's 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 ten (10) days of the meeting, the Association and the grievant shall be provided with the superintendentSuperintendent's written response, including the reasons for the decision.
c. If the 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 laterIII. The Board of Education will hear all grievance appeals at the next regularly scheduled Board of Education meeting. Each party shall have the right to include in its representation such witnesses or counselors as it deems necessary. Within 10 teacher work days of the meeting, the Association and the grievant shall be provided with the Board of Education's written response, including the reasons for the decision.
d. If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written replyII, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, arbitration with the Association striking first. The remaining person American Arbitration Association, which shall be act as the Arbitrator. Either party shall have Administrator of 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 listproceedings. If a demand for arbitration is not filed with the Board within 10 teacher work thirty (30) days of the receipt date of the Step C II answer, then the grievance shall be deemed withdrawn.
1. a. Neither the Board nor the grievant shall be permitted to assert any grounds or evidence before the arbitrator, which was not previously disclosed to the other party.
b. The arbitrator shall have no power to alter the terms of this Agreement. 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 Agreementagreement.
2. c. Each party shall bear the full cost costs for its representation in the arbitration. grievance procedure.
d. The cost fees and the expenses of the arbitrator shall be divided shared equally between by the parties.
3. e. If either only one party requests the presence of a transcript of the proceedingscourt reporter, that party shall bear the full cost of the transcriptreporter. If both parties order request a transcriptcourt reporter, they shall share the cost costs.
f. If only one party requests the postponement of the 2 transcripts an arbitration hearing, that party shall be divided equally between the parties. If a copy of the transcript is furnished to the arbitrator, bear the cost of such shall postponement.
Step IV. The arbitrator's decision within thirty (30) days of the date of his written decision with the findings of fact and conclusions of law may be divided equally by appealed to the partiesCircuit Court of Clinton County.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. When requested by the employee, an Association representative (BEEA member) may accompany the employee to assist in the resolution of the grievance. The parties hereto acknowledge that it is usually most desirable for a teacher an employee and the teacher's immediately involved employee’s immediate supervisor to resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted abovecommunication. If, however, the informal process fails to satisfy the teacher or the Associationgrievant, a grievance may be processed as follows:.
a. STEP 1: The teacher or the Association may grievant shall present the grievance in writing using the appropriate form to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work four (4) days after the receipt of the grievance. The Association's representative, the grievant, grievant and the immediately involved supervisor may shall be present for the meeting. The purpose , at the request of the meeting is to resolve the issue as the supervisor is empowered to do sogrievant; an Association representative may be present. Within 5 teacher work two (2) days of the meeting, the grievant and the Association shall be provided with the supervisor's ’s written response, including the reasons for the decision.
b. STEP 2: If the grievance is not resolved at Step A1, then the grievant or the Association may refer the grievance to the superintendent Superintendent or the superintendent's his official designee within 10 teacher work with in six (6) days after the receipt of the Step A 1 answer or within 15 teacher work eight (8) days after the Step A 1 meeting, whichever is the later. The superintendent Superintendent shall arrange with the grievant and/or the Association representative for a meeting to take place within 10 teacher work five (5) days of the Superintendent’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses or and counselors as it deems necessary. The purpose of the meeting is to resolve the issue. Within 10 teacher work four (4) days of the meeting, the Association and the grievant shall be provided with the superintendent's Superintendent’s written response, including the reasons for the decision.
c. STEP 3: If the grievance grievant is not resolved satisfied with the grievance at Step B then the grievant 2, or the Association may refer time limits expire without the issuance of the Superintendent’s written reply, the grievance may be submitted to the Board of Education 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 10 teacher work twenty (20) days after of 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 meetingappeal. Each party shall have the right to include in its representation such witnesses or and counselors as it deems necessarynecessary to determine pertinent facts to the grievance. Within 10 teacher work days Upon conclusion of the meetinghearing, the Association and 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 shall be provided with the Board of Education's written response, including the reasons for the decision.
d. If the Association is not satisfied with the disposition of the grievance at Step C 3, or the time limits expire without the issuance of the Board of Education's 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. The Association shall request a panel of seven (7) arbitrators from arbitration as provided in 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 listILLINOIS EDUCATIONAL LABOR RELATION ACT. If a demand for arbitration is not filed within 10 teacher work thirty (30) days of the receipt of date for the Step C 3 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. 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. The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's immediately involved supervisor to resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. The teacher or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work (a) Step 1: Informal: Within ten (10) days after the receipt occurrence of the an event giving rise to a grievance. The Association's representative, the grievant, and employee involved shall discuss 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 5 teacher work days of the meeting, the grievant and the Association shall be provided matter with the supervisorDirector of Nutritional Services in the employee's written responsework area, including with the reasons for object of resolving the decisionmatter informally.
b. (b) Step 2: If the grievance is not resolved informally at Step Athe first step, then the grievant or aggrieved employee shall file the Association may refer grievance, in writing, with the grievance district administrator assigned to the superintendent or the superintendent's official designee that area, within 10 teacher work days after receipt of the Step A answer or within 15 teacher work ten (10) days after the Step A meeting, whichever is the laterinformal conference. The superintendent written grievance shall arrange for 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 take place within 10 teacher work days of receipt of discuss 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 alleged grievance and attempt to resolve the issuesame. Within 10 teacher work The Director of Nutritional Services shall render a decision communicated in writing to the aggrieved employee including a copy to the Union within ten (10) days following the conference between the Director of Nutritional Services and the aggrieved.
(d) Step 3: In the event the grievance has not been satisfactorily resolved at the second step, the aggrieved may file an appeal of the Director of Nutritional Service’s answer within ten (10) days of the meeting, the Association and the grievant shall be provided written decision with the superintendent's written response, including the reasons for the decision.
c. If the grievance is not resolved at Step B then the grievant or the Association may refer the grievance to the Board of Education within 10 teacher work Superintendent. Within ten (10) days after the receipt written grievance has been filed with the Superintendent, the aggrieved and the Superintendent shall meet in an attempt to resolve the grievance. The Superintendent shall file an answer in writing within ten (10) days of the grievance meeting and communicate it in writing to the employee, including a copy to the Union.
(e) Step B 4: If the answer of the Superintendent is not accepted, the Union, within ten (10) days after receiving the Superintendent's answer, may request that the grievance be submitted to a joint committee consisting of the Board's Chief Negotiator, Superintendent or designee, the aggrieved, and the business representative of the Union. The Superintendent or designee shall, within 20 teacher work ten (10) days after the Step B meeting, whichever is joint committee meeting notify the later. The Board of Education will hear all grievance appeals at aggrieved and the next regularly scheduled Board of Education meeting. Each party shall have the right to include Union in its representation such witnesses or counselors as it deems necessary. Within 10 teacher work days writing of the meeting, employer's decision on the Association and the grievant shall be provided with the Board of Education's written response, including the reasons for the decisiongrievance.
d. If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be 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: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's ’s immediately involved supervisor to resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. The teacher STEP 1 In the event a problem cannot be resolved informally, the grievant shall file a grievance within thirty (30) days of the event giving rise to the grievance, or the Association may present grievant’s knowledge of the grievance same, whichever is later, in writing writing, to the immediately involved supervisor, who will shall arrange for a meeting to take place within 10 teacher work six (6) days after of the receipt of the grievance. The Association's This meeting shall include the grievant and immediate supervisor and may include an Association 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 5 teacher work six (6) days of the meeting, the grievant and the Association shall be provided with the supervisor's ’s written response, including the reasons for the decisions.
STEP 2 If the grievance is not resolved in Step 1, then the grievant may refer the grievance to the superintendent within six (6) days after the receipt of the Step 1 answer. The superintendent shall arrange with the grievant for a meeting to take place within six (6) days of the superintendent’s receipt of the appeal. Such meeting shall include the grievant and the superintendent and may include the Association representative. Within six (6) days of the meeting, the grievant shall be provided with the superintendent’s written response, including the reasons for the decision.
b. STEP 3 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 Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the 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 response, including the reasons for the decision.
c. If the 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 disposition of the grievance at in Step C or 2, then the time limits expire without the issuance of the Board of Education's written reply, grievant may request the Association may to submit the grievance to final and binding arbitration. The Association arbitration through the American Arbitration Association, which shall request a panel act as the administrator of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another listproceedings. If a demand for arbitration is not filed within 10 teacher work thirty (30) days of the receipt of date for the Step C 2 answer, then the grievance shall be deemed withdrawn.
1. The arbitrator shall have no power to alter over 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: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. The parties hereto acknowledge adjustment of grievances shall be accomplished as rapidly as possible. To that it end, the number of days within each step shall be considered as maximum and every effort shall be made to expedite the process. Under unusual circumstances, the time limits prescribed in this statement may be extended or reduced by the mutual consent of the grievant and persons by whom the grievance is usually most desirable being considered. In the instance additional time is necessary for the gathering of needed information, supporting data, or responses of witnesses, a teacher reasonable extension will be granted, not to exceed ten (10) additional days. Requests for additional time and mutual agreements for extension must be put in writing. The existence of this grievance procedure shall not preclude a/the teacher's immediately involved supervisor certified employee(s) from formally discussing a grievant complaint with his/her/their principal prior to filing a grievance in an attempt to resolve problems through free and informal communicationsthe complaint. When requested by A/The grievant(s) may request a teacher, an Association representative may accompany formal conference with his/her/their building principal or his designee. At the teacher to assist in formal conference a written specific signed statement of the informal resolution nature of the grievance. This informal approach does not extend , which describes the act, or waive the 15 day time limit noted above. Ifevent, however, the informal process fails or situation giving rise to satisfy the teacher or the Association, a grievance may be processed as follows:
a. The teacher or the Association may present the grievance including the time(s) and place(s) of the act, event, or situation and names of witnesses thereto will be presented. The conference shall occur within three (3) days of the written request for a formal conference. The building principal or his designee shall make his decision known to the grievant in writing to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work seven (7) days after the receipt date of the grievanceformal conference. The Association's representativeIf the grievant does not appeal the decision at Level 1 within seven (7) days, the grievantright to appeal shall be automatically waived. In the event that the aggrieved party is not satisfied with the decision, and or no decision has been rendered within seven (7) days after 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 5 teacher work days of the meetingformal conference, the grievant and may, within seven (7) days, take 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 . Within three (3) days after receipt of receiving the Step A answer or within 15 teacher work days after written grievance, which shall include the Step A meetingdetails from ▇▇▇▇▇ ▇, whichever is the latersuperintendent shall meet with the grievant. 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 response, including the reasons for the decision.
c. If the 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 two (2) days after the receipt date 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 conference with the grievant shall be provided with make his decision known to the Board of Education's written response, including the reasons for the decision.
d. grievant in writing. If the Association aggrieved party is not satisfied with the disposition at Level 2, a written request within ten (10) days of the Level 2 response may be submitted to advisory arbitration. If the grievance at Step C involves the interpretation, meaning, or the time limits expire without the issuance application of any provision of the Board of Education's written replynegotiated agreement, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list submit the grievance to advisory arbitration or directly to the Board of Education. If the Association shall request another listopts not to submit said grievance to advisory arbitration, the grievant(s) may do so at his/her expense. Within ten (10) days after written notice of submission to advisory arbitration, the Board or its designee and the grievant(s) or designee will agree on a mutually acceptable arbitrator. If an initial effort to agree on a demand for arbitration is mutually acceptable arbitrator does not filed within 10 teacher work days of the receipt of the Step C answersucceed, 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 Association shall each prepare a list of three proposed arbitrators. A coin flip shall determine which party strikes the first name from the other party’s list. The single name remaining after five consecutive strikes 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 arbitrationarbitrator. The cost parties agree to propose names of individuals known for objectivity. The advisory arbitrator will confer with the parties in interest and/or their representatives, hold hearings promptly, and/or take other actions, which s/he deems appropriate to the resolution of differences between parties in interest. In the event that a resolution of difference does not result from these proceedings, the advisory 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.write an advisory opinion within thirty
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable Step 1. A grievance must be initiated within ten (10) business days of the occurrence of the cause for a teacher and the teacher's immediately involved supervisor complaint. An attempt shall be made to resolve problems through free any grievance in an informal verbal discussion between the complainant and informal communicationshis/her immediate supervisor.
Step 2. When requested by a teacher, an Association representative may accompany If the teacher to assist in the informal resolution of the grievance. This informal approach does grievance cannot extend or waive the 15 day time limit noted above. If, howeverbe resolved informally, the informal process fails to satisfy the aggrieved teacher or the Association, a grievance may be processed as follows:
a. The teacher or the Association may present shall file the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work twenty (20) business days after the receipt occurrence of the cause for complaint. At a mutually agreeable time the aggrieved teacher shall discuss the matter with the principal. If the teacher so desires, he/she may request Association representation. The written grievance should state:
1. The exact nature of the grievance;
2. The act or acts complained of and when they occurred;
3. The identity of the employee or employees involved in the grievance;
4. The specific section or provision of this Agreement that the 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 communicate it in writing to the teacher, Superintendent and Association within five (5) business days.
Step 3. In the event a grievance has not been satisfactorily resolved at the second step, the aggrieved teacher shall file within five (5) business days of the principal’s written decision or answer at the second step, a copy of the grievance with the Superintendent. Within five (5) business days after such written grievance is filed, the aggrieved, the representative of the Association, the principal and the Superintendent or his designee, shall meet to discuss the grievance. The Association's representativeSuperintendent or his designee, shall file an answer within five (5) business days of the third step grievance meeting and communicate it in writing to the teacher, the grievantprincipal, the Association, and the immediately involved supervisor may be present for Board of Education.
Step 4. In the meeting. The purpose of event a grievance has not been satisfactorily resolved at the meeting is to resolve third step, the issue as the supervisor is empowered to do so. Within 5 aggrieved teacher work shall file, within five (5) business days of the written decision or answer at the third step, a copy of the written decision or answer at the third step, a copy of the grievance with the Board of Education. At the next scheduled Board meeting, after such written grievance is filed, the grievant Board shall meet and consider said grievance. The hearing will be conducted by the Association shall be provided with the supervisor's written response, including the reasons for the decision.full
b. Step 5. If the grievance is not resolved at Step A, then satisfactorily to the grievant or the and/or Association may refer the grievance to the superintendent or the superintendent's official designee within 10 teacher work five (5) business days after receipt of a decision by the Step A answer or within 15 teacher work days after the Step A meetingBoard, 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 there shall be provided with the superintendent's written response, including the reasons for the decision.
c. If the grievance is not resolved at Step B then the grievant or the Association may refer the grievance to the Board available a fifth step of Education within 10 teacher work days after the receipt of the Step B answer or within 20 teacher work days after the Step B meeting, whichever is the later. The Board of Education will hear all grievance appeals at the next regularly scheduled Board of Education meeting. Each party shall have the right to include in its representation such witnesses or counselors as it deems necessary. Within 10 teacher work days of the meeting, the Association and the grievant shall be provided with the Board of Education's written response, including the reasons for the decision.
d. If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The grievant and/or Association may submit, in writing, a request to enter into such arbitration within twenty (20) business days of the Step 4 decision. The grievance shall be deemed withdrawn if the request is not filed within the twenty (20) business days. If a request is filed in a timely manner, the American Arbitration Association will be requested to provide a panel of at least seven (7) arbitrators from and the Federal Mediation and Conciliation Service. Each party selection process shall take turns striking one (1) name from the list, be in accordance with the Association striking first. The remaining person shall be Voluntary Arbitration Rules of the ArbitratorAssociation. Either party shall have reserves the right to reject one (1) panel in its entirety before any individual striking is done, the first list of recommended arbitrators from the American Arbitration Association and if request a party rejects a list the Association shall request another second list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be deemed withdrawn.
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 Arbitrator, in his opinion, shall have no power not amend, modify, nullify, ignore, or add to alter the terms provisions of this the Agreement. His/her 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/her his decision shall must be based only solely upon his interpretation of the meaning or the application of the express relevant language of this the Agreement.
2. Each party shall bear the full cost for its representation in the arbitration4. The cost 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 the arbitrator shall be divided equally between the partiesthis contract.
35. If either party requests a transcript of the proceedings, that party shall bear the full cost of the costs for that transcript. If both parties order a transcript, the cost of the 2 two (2) transcripts shall be divided equally between the parties. If a copy of Board and the transcript is furnished to the arbitrator, the cost of such shall be divided equally by the partiesAssociation.
Appears in 2 contracts
Sources: Professional Negotiation Contract, Professional Negotiation Contract
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher an employee and the teacher's his/her immediately involved supervisor superior to first resolve problems through free and informal communications. When requested by a teacherthe employee, an Association the building representative may accompany the teacher employee to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted aboveproblem. If, however, the such informal process fails processes fail to satisfy the teacher or the Associationemployee, a grievance may be processed as follows:
a. A. The teacher grievant (Association or the Association may individual employee) shall present the grievance in writing to the immediately involved principal or immediate supervisor, who stating the article(s) and section(s) of other Agreement alleged to be violated and requested remedy, along with the employee’s signature, on the Grievance Form (Exhibit A), no later than twenty (20) school days after either the occurrence of the alleged claim or after the grievant becomes aware of the occurrence. The principal or immediate supervisor will arrange for a meeting to take place within 10 teacher work ten (10) school days after the receipt of the grievance. The Association's representativeAn Association representative selected by the aggrieved party, if said aggrieved party desires said assistance, the grievantaggrieved party, and the immediately involved supervisor may and any person whose assistance he/she requests shall be present for at the meeting. The purpose of the meeting is to resolve the issue as the principal or immediate supervisor is empowered to do so. Within 5 teacher work will then, within ten (10) school days of after the meeting, provide the aggrieved party and the Superintendent with a written memorandum setting forth the disposition of the grievance. Such memorandum shall contain reasons upon which the disposition of the matter was based.
B. If 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 Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the 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 response, including the reasons for the decision.
c. If the 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 individual employee) is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written replyA(1)), the Association grievant may submit then refer the grievance to binding arbitrationthe Superintendent within ten (10) school days thereafter. The Association Superintendent shall request then arrange for a panel of seven meeting with the same parties being present at Step A(1) within ten (710) arbitrators from the Federal Mediation and Conciliation Serviceschool days. Each party shall take turns striking one (1) name from to the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party grievance shall have the right to reject one (1) panel include in its entirety before any individual striking is done, and representation a counselor if a so desired. Each party rejects a list may present witnesses necessary to develop the Association shall request another listfacts pertaining to the grievance. If a demand for arbitration is not filed within 10 teacher work days Upon conclusion of the receipt of hearing on the Step C answergrievance, then the grievance shall be deemed withdrawn.
1. The arbitrator Superintendent shall have no power ten (10) school days in which 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 provide his/her written decision shall be based only upon interpretation to the aggrieved party.
C. If the grievant (Association or individual employee) is not satisfied with the disposition of the meaning or grievance at Step B(2), the application grievant may then refer the grievance to the Board within thirty (30) days thereafter. The President of the express relevant language Board shall then arrange for a meeting with the same parties being present at Step B(2) or for the purpose of this Agreement.
2. Each party shall bear reviewing written briefs prepared by the full cost for its representation in the arbitrationparties within ten (10) school days. The cost meeting (hearing) will be conducted by a quorum of the arbitrator shall be divided equally between the parties.
3Board. If either party requests a transcript Upon conclusion of the proceedings, that party shall bear hearing on the full cost of the transcript. If both parties order a transcriptgrievance, the cost of the 2 transcripts Board 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.have ten
Appears in 2 contracts
Sources: Professional Agreement, Professional Services
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's immediately involved supervisor 1. First Step: An attempt will be made to resolve problems through free and informal communications. When requested any grievance in informal, verbal discussion between complainant, accompanied by a teacher, an Association representative may accompany if requested by the teacher to assist in complainant, and his/her immediate superior. The Association will be informed by the informal resolution administration of the grievanceoutcome achieved at this step.
2. This informal approach does Second Step: If grievance cannot extend or waive the 15 day time limit noted above. Ifbe resolved informally, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. The teacher or the Association may present grievant(s) will file the grievance in writing with the principal. Within ten (10) days after such written grievance is filed, the aggrieved, representative of the aggrieved as desired, and the principal will meet to resolve the grievance. The written grievance must state the nature of the grievance, note the specific clause or clauses of the Agreement allegedly violated, and state the remedy requested. Any grievance filed by the Association or a group of 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 occurrence of the event giving rise to the immediately involved supervisorgrievance, who will arrange except for a meeting grievances pertaining to take place payroll which must be filed within 10 teacher work thirty-five (35) days after of the receipt of the initial paycheck involved in the grievance. The Association's representative, principal or other administrator who has authority to make a decision on the grievant, grievance will make such decision and communicate it in writing to the teacher(s) 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 5 teacher work Superintendent within ten (10) days of the second step meeting, the grievant and the Association shall be provided with the supervisor's written response, including the a summary of reasons for the decision.
b. If 3. Third Step: In the event a grievance is has not been satisfactorily resolved at Step Athe second step, then the grievant or the Association may refer the grievance to the superintendent or the superintendent's official designee grievant(s) will file, within 10 teacher work days after receipt of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the 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 ten (10) days of the meeting, the Association and the grievant shall be provided with the superintendent's principal’s written response, including the reasons for the decision.
c. If the grievance is not resolved at Step B then the grievant decision 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 meetingsecond step, the Association and the grievant shall be provided with the Board of Education's written response, including the reasons for the decision.
d. If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be 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 grievance with the Superintendent. Within ten (10) days after such written grievance is furnished to the arbitratorfiled, the cost aggrieved, representative of such shall be divided equally by the parties.aggrieved as desired, the principal and the Superintendent or designee, will meet to resolve the grievance. The Superintendent, or designee, will file an answer within ten
Appears in 2 contracts
Sources: Professional Negotiations Agreement, Professional Negotiations Agreement
Procedures. 1) The parties hereto acknowledge that it is usually most desirable for 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 teacher designated representative of the Board and the teacher's immediately involved Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to resolve problems through free and informal communications. When requested by a teacherany scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, an Association representative may accompany the teacher to assist may file a formal grievance in writing on a form provided by the Human Resources Department. This form is shown in the informal resolution Appendix 7 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Human Resources Department. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. This informal approach does not extend or waive Within five (5) days of the 15 day time limit noted above. If, however, filing of the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. The teacher or the Association may present the formal grievance in writing to the immediately involved supervisor, who will arrange for a meeting to shall take place within 10 teacher work days after between the receipt of the grievance. The Association's representativeimmediate supervisor, the grievant, and the immediately involved supervisor may Association representative and an answer to the grievance shall be present for given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Human Resources that it intends to appeal the grievance, stating the grounds for such an appeal. The purpose Director of Human Resources shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not 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 Superintendent stating the grounds for appeal. A meeting is to resolve with the issue as Board shall occur within twenty (20) days following receipt of such notice, and the supervisor is empowered to do so. Within 5 teacher work days of the meeting, Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be provided with the supervisor's written response, including the reasons for the decision.
b. If the grievance is not resolved at Step A, then transmitted to the grievant or and the Association may refer the grievance to the superintendent or the superintendent's official designee within 10 teacher work days after receipt of the Step A answer or within 15 teacher work seven (7) days after the Step A meeting, whichever is the laterhearing. The superintendent shall arrange for a meeting to take place within 10 teacher work Within five (5) days of receipt of the appeal. Each party shall have decision at Level Three, the right grievance may be submitted to include in its representation such witnesses or counselors as it deems necessary. arbitration.
a) The purpose parties will select an arbitrator according to the provisions 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 response, including the reasons for the decision“Public Employee Relations Act.
c. If the 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 disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be deemed withdrawn.
1. ” The arbitrator shall have no power render his decision in writing and both parties agree to alter the terms of this Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him 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, and his/her decision Association agree that neither party shall be based only upon interpretation of the meaning permitted in arbitration hearings to assert any ground 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 rely on any evidence not disclosed to the arbitrator, the cost of other party prior to such shall be divided equally by the partieshearings.
Appears in 2 contracts
Sources: Master Contract, Master Contract
Procedures. 1. The parties hereto acknowledge that it aggrieved person shall discuss the grievance informally with the immediate supervisor.
2. If the aggrieved person is usually most desirable for a teacher and not satisfied with the teacher's immediately involved supervisor to resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution disposition of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, howeverhe/she shall, the informal process fails to satisfy the teacher or the Associationwithin five (5) school days, a grievance may be processed as follows:
a. The teacher or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for Superintendent. The submission to the Superintendent shall contain a meeting to take place within 10 teacher work days after the receipt statement setting forth:
(a) The nature of the grievance. ;
(b) The Association's representativenature and extent of the loss, the grievantinjury or inconvenience, and the immediately involved supervisor may be present for remedy requested;
(c) With respect to building service staff, the meetingresults of previous discussions and the stated dissatisfaction with the decision previously rendered.
3. The purpose Superintendent shall investigate the grievance and give his/her decision in writing within five (5) school days to the aggrieved person.
4. If the aggrieved person is not satisfied with the disposition of the meeting is grievance, he/she shall, within five (5) school days, request a review by the Board. The request shall be submitted in writing through the Superintendent, who shall attach all related papers and forward the request to resolve the issue as the supervisor is empowered to do soBoard. Within 5 teacher work thirty (30) days the Board, or committee of the meetingBoard, shall view the grievant and the Association shall be provided grievance, hold a hearing with the supervisor's written responseaggrieved if requested, including the reasons for the decisionand render its decision in writing.
b. 5. 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 Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the 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 response, including the reasons for the decision.
c. If the 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 aggrieved person is not satisfied with the disposition of the grievance at Step C by the Board, the aggrieved person, within five (5) school days after receipt of the decision or the time limits expire without the issuance expiration of the Board of Education's written replytime by which a decision is to be rendered, whichever is sooner, may request in writing that the Association submit the grievance to advisory arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance to binding advisory arbitration by notifying the Superintendent of such fact in writing within ten (10) school days after receipt by the Association of the request to submit the grievance to advisory arbitration. Such application for advisory arbitration shall be made to P.E.R.C.
6. The Association arbitrator selected shall request a panel confer with representatives of seven (7) arbitrators from the Federal Mediation Board and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking firstand begin hearings as soon as can be arranged. The remaining person arbitrator shall be restricted to consider only the Arbitrator. Either party shall have the right question or questions submitted to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be deemed withdrawn.
1him. The arbitrator shall have no power authority only to alter interpret and apply the terms of this AgreementAgreement and shall not have any authority to alter in any way the terms and conditions of this Agreement or to add any provisions thereto. HisThe arbitrator shall issue his/her authority recommendations within thirty (30) calendar days after he/she has concluded the hearings. The recommendations of the arbitrator shall be strictly limited to deciding only advisory only, not binding.
7. The costs for the issue or issues presented to him services of the arbitrator, including 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, and his/her decision . Any other expenses incurred shall be based paid by the party incurring same.
8. To proceed beyond the Board, a grievance must be concerned only upon with the interpretation of the meaning or the application of the express relevant language provisions of this Agreement.
2. Each party shall bear , provided, however, in no event may a grievance proceed beyond the full cost for its representation in Board if it arises out of or relates to the arbitration. The cost interpretation or application of any of the arbitrator shall be divided equally between the partiesfollowing provisions of this Agreement; ARTICLE XI; or ARTICLE XII.
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: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. 7.3.1 The parties hereto acknowledge that it is usually most desirable for a teacher number of days indicated at each level of this procedure shall be considered maximum and every effort shall be made to expedite the teacher's immediately involved supervisor 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 resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist comply in the informal resolution writing or with its time limit requirements as set forth under any of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. Ifprocedure steps, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. The teacher or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work days after the receipt of the grievance. The Association's representative, the grievant, and 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 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 Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the 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 response, including the reasons for the decision.
c. If the 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 disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be deemed withdrawnconsidered 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.
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 this procedure. The arbitrator shall have no power to alter the terms of this Agreement. His/her authority grievant shall be strictly limited responsible for notifying the Union in writing that a grievance is being filed. At any hearing or meeting related to deciding only a grievance brought individually by an employee, the issue or issues presented to him Union shall be notified by the Board grievant of the hearing in advance and afforded the Association, opportunity to be present and his/her decision make its views known. Any adjustment made shall be based only upon interpretation of consistent with the meaning or the application of the express relevant language provisions of this Agreement.
27.3.10 All documents related to a grievance shall be maintained in a separate grievance file. Each party This provision does not include disciplinary actions and/or documents that are the subject of a grievance.
7.3.11 Grievances shall bear the full cost for its representation be processed at times other than during an employee’s scheduled class time or times when there is a school or department meeting or an Academic Affairs or College-wide meeting where attendance is mandatory.
7.3.12 All decisions shall be submitted in the arbitration. The cost writing at each step of the arbitrator grievance procedure and the decision shall be divided equally between submitted to both the partiesgrievant and the Union.
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 7.3.13 Grievances shall be divided equally between filed on forms provided by the partiesCollege – 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 copy grievant or the Union violates this provision, this action will be a waiver by the grievant or Union of any confidentiality right the transcript grievant may have that is furnished related to the arbitrator, grievance.
7.3.15 The parties to a grievance may mutually agree to toll the cost of such shall be divided equally by the partiesprocedure’s time limits in accordance with sub-paragraph 7.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher and A grievance shall be handled in the teacher's immediately involved supervisor following manner:
9.2.1 Step One: Within twenty (20) days of the act or omission which gave rise to the grievance, or within twenty (20) days from the date the grievant knew or reasonably should have known of the act or omission, the grievant shall attempt to resolve problems the grievance through free and an informal communications. When requested by a teacher, an Association representative may accompany conference with the teacher to assist in the informal resolution immediate supervisor of the grievance. This informal approach does unit member who was directly affected by the alleged violation, misinterpretation, or misapplication of this Agreement.
9.2.2 Step Two: If the grievance is not extend or waive resolved at Step One to the 15 day time limit noted above. If, howevergrievant’s satisfaction, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. The teacher or the Association grievant may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place immediate supervisor within 10 teacher work five (5) days after expiration of the time period specified in Step One. The written grievance shall include the specific provision(s) of this Agreement that allegedly were violated, misinterpreted, or misapplied, a clear statement of all material facts on which the grievance is based, and desired remedy. The immediate supervisor shall provide the grievant with a written response within ten (10) days after receipt of the a timely submitted written grievance. The Association's representative, the grievant, and the immediately involved supervisor may be present for the meeting. The purpose At Step Two of the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work days of the meetinggrievance procedure, the grievant and may elect in writing to represent himself/herself rather than have the Association shall be provided with the supervisor's written response, including the reasons for the decisionprovide representation.
b. 9.2.3 Step Three: If the grievance is not resolved to the grievant’s satisfaction at Step ATwo, then the grievant or may submit the Association may refer the written grievance and immediate supervisor’s response, if any, to the superintendent or the superintendent's official designee District Superintendent within 10 teacher work five (5) days after receipt of the immediate supervisor’s written response at Step A answer Two, or if the immediate supervisor fails to issue a timely response, within 15 teacher work five (5) 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 expiration of the appeal. Each party shall have the right to include in its representation such witnesses or counselors as it deems necessary. The purpose time period for issuance of the meeting is to resolve the issuea written response. Within 10 teacher work days of the meeting, the Association and the grievant shall be provided with the superintendent's written response, including the reasons for the decision.
c. If the grievance is not resolved at Step B then the grievant or the Association may refer the grievance to the Board of Education within 10 teacher work five (5) days after the receipt of timely submitted grievance at Step Three, the Step B answer Superintendent or within 20 teacher work his/her designee will meet with the grievant in an attempt to resolve the grievance. Within ten (10) 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 Superintendent shall provide the grievant shall be provided with a written response to the Board of Education's written response, including the reasons for the decisiongrievance.
d. 9.2.4 Step Four: Mediation
9.2.4.1 If the Association grievant is not satisfied with the disposition of the grievance, or if no disposition has occurred pursuant to the provisions of Step Four, the grievance at Step C or the time limits expire without the issuance may be referred to grievance mediation within ten (10) days of the Board 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 Education's written replythe grievance.
9.2.4.3 The mediator, shall meet with the grievant, the Association may submit and the grievance District for the purpose of resolving the grievance.
9.2.4.4 If an agreement is reached, the agreement shall be reduced to binding arbitration. The Association writing and shall request a panel of seven (7) arbitrators from be signed by the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the listgrievant, with the Association striking firstand the District. The remaining person This agreement shall be non-precedential and shall constitute a settlement of the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking grievance.
9.2.4.5 If an agreement is donenot reached, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the and District proceed to Step C answer, then the grievance shall be deemed withdrawnFive.
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: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedures. In general--The parties hereto acknowledge adjustment of grievances shall be accomplished as rapidly as is possible. To that it end, the number of days within which each step is usually most desirable for a teacher prescribed to be accomplished shall be considered as maximum and every effort shall be made to expedite the process. Under unusual circumstances the time limits prescribed in this statement may be extended or reduced by mutual consent of the grievant and the teacher's immediately involved supervisor person or persons by whom his grievance is being considered. Initial private conference: A grievant shall first take up his/her grievance with the principal or immediate administrative superior in private informal conferences. Every effort shall be made to resolve problems through free adjust the grievance in an informal manner.
Level 1: If the employee is dissatisfied with the outcome of the initial private conferences, he/she may request a formal conference with his/her principal or immediate supervisor. Every effort should be made to develop an understanding of the facts and the issues in order to create a climate which will lead to a solution. The formal conference shall occur within ten (10) school days of the last informal communications. When requested by a teacherconference.
Level 2: In the event that the aggrieved person is not satisfied with the disposition of his/her grievance at Level 1, an Association representative may accompany the teacher to assist or in the informal resolution event that no decision is reached within five (5) school days after the presentation of the grievance. This informal approach does not extend or waive , he/she may appeal the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. The teacher or the Association may present the grievance matter in writing to the immediately involved supervisorSuperintendent of Schools with the notice to the Board of Education. If the grievant does appeal the grievance to the Superintendent, who will arrange for the Superintendent or his designated representative, shall confer with the grievant in an effort to arrive at a meeting to take place satisfactory solution within 10 teacher work five (5) school days after the receipt appeal has been received by the Superintendent. If the grievant does not appeal the grievance to the Superintendent within twenty (20) school days after the formal conference at Level 1, the appeal of the grievance. The Association's representative, the grievant, and the immediately involved supervisor may grievance shall automatically be present for the meeting. The purpose of the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work days of the meeting, the grievant and the Association shall be provided with the supervisor's written response, including the reasons for the decisionwaived.
b. Level 3: If the grievance is not resolved at Step Aadjusted to the satisfaction of the grievant, or if no decision is made thereon within ten (10) school days after the date the grievance was filed with the Superintendent or his/her designated representative under Level 2, 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 Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the 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 response, including the reasons for the decision.
c. If the grievance is not resolved at Step B then the grievant or the Association may refer appeal 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 disposition purpose of final adjustment of the grievance at Step C or by submitting a written request to final adjustment of the time limits expire without grievance by submitting a written request to the issuance Clerk of the Board of Education's written replyEducation within ten (10) school days after the Superintendent, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be 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 designated representative, has rendered a decision, or after the expiration 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.said ten
Appears in 2 contracts
Sources: Joint Agreement, Joint Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher Board and the teacher's immediately involved supervisor Association acknowledge and agree that teachers should first attempt to resolve problems complaints through free and informal communicationsdiscussions with their immediate supervisor. When requested by a the teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievancecomplaint. This informal approach does If the teacher attempts to resolve the complaint by discussion with the immediate supervisor, but the issue is not extend or waive resolved to the 15 day time limit noted above. If, however, the informal process fails to satisfy satisfaction of the teacher or the Association, a grievance may be filed and processed as follows:
a. 1. The teacher or the Association may present the grievance in writing to the immediately involved supervisor, supervisor who will arrange for a meeting to take place within 10 teacher work ten days after the receipt of the grievance. The written grievance shall specify the contract provisions allegedly violated and the remedies requested by the grievant. The Association's representative, the grievant, representative 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 5 teacher work ten days of the meeting, the grievant and the Earlville Teachers' Association representative shall be provided with the supervisor's written response, including the reasons for the decision.
b. 2. If the grievance is not resolved at in Step A1, then the grievant or the Earlville Teachers' Association may refer the grievance to the superintendent Superintendent or the superintendentSuperintendent's official designee within 10 teacher work ten days after receipt of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later1 answer. The superintendent Superintendent shall arrange for a meeting to take place within 10 teacher work 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. The purpose of the meeting is to resolve the issue. Within 10 teacher work ten days of the meeting, the Earlville Teachers' Association and the grievant shall be provided with the superintendentSuperintendent's written response, including the reasons for the decision.
c. If the 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 later3. The Board of Education will hear all grievance appeals at the next regularly scheduled Board of Education meeting. Each party shall have the right to include in its representation such witnesses or counselors as it deems necessary. Within 10 teacher work days of the meeting, the Association and the grievant shall be provided with the Board of Education's written response, including the reasons for the decision.
d. If the Association is not satisfied with the disposition of the grievance at Step C 2 or the time limits expire without the issuance of the Board of EducationSuperintendent's written reply, the Association may submit the grievance to final and binding arbitration. The American Arbitration Association shall request a panel act as the administrator of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another listproceedings. If a demand for arbitration is not filed within 10 teacher work twenty days of the receipt of the Step C 2 answer, then the grievance shall be deemed withdrawn.
1. a. Neither the Board nor the Association shall be permitted to assert any grounds or evidence before the arbitrator which was not previously disclosed to the other party.
b. The arbitrator shall have no power to alter the terms of this Agreementagreement. His/her His authority shall be strictly limited to deciding only the issue or issues presented to him by the Board and the Association, and his/her his decision shall be based only upon interpretation of the meaning or the application of the express relevant language of this Agreementthe agreement.
2. c. Each party shall bear the full cost costs for its representation in the arbitration. The cost of the arbitrator and AAA shall be divided equally between the parties.
3. d. If either party requests a transcript of the proceedings, that party shall bear the full cost of the that transcript. If both parties order a transcript, the cost of the 2 two 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process. The failure of an employee of the Union to act on any grievance within the prescribed time limits shall constitute a waiver of the alleged grievance and will act as a bar to further appeal. An administrator's failure to give a decision within the prescribed time limits shall permit the grievant to proceed to the next step. The time limits may be extended by mutual consent. It is agreed that it is usually most desirable for a teacher any investigation or other handling or processing of any grievance by the grieving employee or their representative, shall be conducted so as to result in no interference with or interruption whatsoever of the duties and related work activities of the teacher's immediately involved supervisor grieving employee or of any other employee. The employer shall solely determine whether an interference has occurred under this paragraph.
STEP 1: An attempt shall be made to resolve problems any grievance under this Article orally, through free an informal discussion between the grievant and informal communicationshis/her immediate supervisor. When If requested by the alleged aggrieved employee, a teacher, an Association representative may accompany the teacher to assist in be present at the informal resolution discussion. Grievance shall be presented within five (5) working days of the date of occurrence of the event giving rise to the grievance or the grievance shall be considered waived. The immediate supervisors shall within five (5) days notify the employee of their decision. The County Conference Board shall be notified by certified mail of all grievances filed.
STEP 2: If the grievance is not resolved informally at the first step, the aggrieved employee shall file the grievance in writing with the Department Head within five (5) working days of the response of the immediate supervisors. The written grievance shall state the nature of the grievance, spelling out the specific clause or clauses of the Agreement which have been allegedly violated, misinterpreted, or misapplied, and shall state the remedy requested, and the date of the alleged violation. This informal approach does Within five (5) working days after the Department Head received the written grievance, a meeting shall be held, at a mutually agreeable time and place, with the aggrieved employee and his/her representative, to discuss and attempt to resolve the alleged grievance. The Department Head shall render a written decision to the aggrieved employee and the Union, within ten (10) working days following the meeting.
STEP 3: In the event that the grievance has not extend or waive been satisfactorily resolved in the 15 day time limit noted above. If, howeversecond step, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. appealed, within five (5) working days of the receipt of the written decision, to the County Conference Board, or their designee. The teacher Board of Supervisors or the Association may present their designee shall, within fifteen (15) days, respond to the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place employee and the Union. The parties may by mutual Agreement and within 10 teacher work five (5) days after following the receipt of the written appeal to the County Conference Board, schedule a meeting to discuss the grievance. The Association's representativeCounty Conference Board or their designee shall respond in writing to the employee and Union, the grievant, and the immediately involved supervisor may be present for within ten (10) days following the meeting. The purpose of Grievance must be taken up promptly and awards and settlements thereof shall in no case be retroactive beyond the meeting is to resolve date on which the issue as grievance was first presented in written form.
STEP 4: Grievances not settled under the supervisor is empowered to do so. Within 5 teacher work days of the meeting, the grievant and the Association preceding steps 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 Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the 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 response, including the reasons for the decision.
c. If the 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 disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance submitted to binding arbitration, at the written request of the employee and Union. The Association shall request a panel of seven Requests must be received by the Employer within ten (710) 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 working days of the receipt of the Step C answerwritten response by the Employer to step three. Within five (5) working days from the date of the receipt of the written request for arbitration, then the Employer and the aggrieved employee and the Union shall meet and either mutually agreed upon an arbitrator or jointly petition the Iowa Public Employment Relations Board to submit a list of five (5) arbitrators. Within seven (7) days after receipt of the list by parties, they shall meet and by the flip of a coin determine which party shall strike the first name on the list. They shall alternately strike names and the person whose name is left shall be the appointed arbitrator. The decision of the arbitrator shall be limited to the subject matter of the grievance and shall be deemed withdrawn.
1restricted solely to interpretation and application of the terms of the Agreement where the alleged violation occurred. The arbitrator shall have no power to alter add to, subtract from or modify in part or in whole, the terms or intent of any other part of this Agreement. Both parties shall share equally the costs and expenses of the arbitration proceedings, including transcript fees and fees of the arbitrator. Each party, however, shall be responsible for their own expenses of witnesses, representatives, attorney fees etc. Any employee found by the grievance procedure to have been wrongly disciplined, suspended, or discharged, shall be entitled to reinstatement of seniority and payment for time lost, provided however, that such payment shall take into account any penalty which it is determined would have been justified under the circumstances with an arbitration award. The Union may find initially that the employee does not have a grievance and all review by the Union shall cease. The employee and the Employer shall be notified immediately. Any employee, not a member of the Union, shall have the right at any time to present his/her grievance to the Employer for adjustment with or without intervention of the Union, as long as such adjustment is not inconsistent with the terms of his Agreement. WAGE PLAN - ARTICLE 21
A. The WAGE PLAN for the terms of this Agreement. His/her authority Agreement shall be strictly limited to deciding only the issue or issues presented to him by the Board those listed in Appendix "A" and the Association"B".
B. New employees other than seasonal, shall serve a six (6) month probationary period, and his/her decision shall be based only upon interpretation hired at the minimum rate for the position.
C. Check-off for Credit Union: The Employer agrees to deduct from member's paycheck authorized deductions for General Drivers Credit Union. Same will be remitted to the Treasurer of the meaning or the application of the express relevant language of this Agreement.
2Union as provided above. 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.RULES AND REGULATIONS - ARTICLE 22
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto hereby acknowledge that it is usually most desirable for a teacher an employee and the teacher's employee’s immediately involved supervisor to resolve problems through free and informal communications. When requested by a teacherthe employee, an Association representative may accompany the teacher employee to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher employee or the Association, a grievance may be processed as follows:
a. The teacher : ▪ Step I—Within twenty (20) days following the occurrence of the event giving rise to the grievance, the employee or the Association may present the grievance in writing to the immediately involved immediate supervisor, who will arrange for a meeting to take place within 10 teacher work ten (10) days after the receipt of the grievance. The Association's representative, written grievance shall include: 1) the grievant, and the immediately involved supervisor may be present factual basis for the meeting. The purpose grievance; 2) the provisions of the meeting is this agreement which are alleged to resolve the issue as the supervisor is empowered to do sohave been violated or misapplied; and 3) a specific remedy requested. Within 5 teacher work ten (10) days of the meeting, the grievant and the Association shall be provided with the immediate supervisor's ’s written response, including the reasons for the decision.
b. . ▪ Step II—If the grievance is not resolved at Step AI, then the grievant or the Association may refer the grievance to the superintendent Superintendent or the superintendent's Superintendent’s official designee within 10 teacher work ten (10) days after the receipt of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the laterI answer. The superintendent Superintendent or designee shall arrange with the Association representatives for a meeting to take place within 10 teacher work ten (10) days of the Superintendent’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses or counselors and internal representatives as it deems necessary. The purpose of necessary to develop the meeting is facts pertinent to resolve the issuegrievance. Within 10 teacher work ten (10) days of the meeting, the Association and the grievant shall be provided with the superintendent's Superintendent or designee’s written response, including the reasons for the decision.
c. If the 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. III—If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written replyII, the Association may submit the grievance to final and binding arbitration. The arbitration through the American Arbitration Association (“AAA”), which shall request a panel act as the administrator of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another listproceedings. If a demand for arbitration is not filed within 10 teacher work twenty (20) days of the receipt of date for the Step C II answer, then the grievance shall be deemed withdrawn.
1. a. The arbitrator shall have no power to alter the terms of this Agreement nor to amend, modify, nullify, ignore, or add to the provisions of this Agreement. His/her Their authority shall be strictly limited to deciding only the issue or issues presented to him them in writing by the Board parties involved and the Association, and his/her their decision shall must be based solely and only upon their interpretation of the meaning or the application of the express relevant language of this Agreement.. DocuSign Envelope ID: DFC17043-752D-46F0-BCED-D429D7A717D0
2b. The Board and the Association shall bear equally the costs of arbitration proceedings. All legitimate expenses incurred by the arbitrator and their fee shall be shared equally by the Board and the Association. Each party shall bear be responsible for compensating its own legal counsel, representatives and witnesses if they are necessary to process the full cost for its representation in the arbitration. The cost of the arbitrator shall be divided equally between the partiesgrievance.
3. c. If either party requests a transcript of the proceedings, that party shall bear the full cost of the that transcript. If both parties order a transcript, the cost of the 2 two transcripts shall be divided equally between the parties. If a copy of the transcript is shall be furnished to the arbitrator, the cost of such shall be divided equally by paid as part of the partiescosts for the arbitration proceedings.
d. All claims for back wages shall be limited to the amount of wages that an employee would have otherwise earned plus interest, less any state unemployment compensation or other salary they may have earned on a replacement job during the period of back pay.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto Board and Association acknowledge that it is usually most desirable for a teacher an Employee and the teacher's immediately involved supervisor School Principal to resolve problems through free and informal communications. When requested by a teacheran Employee, an Association representative may accompany the teacher Employee to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the AssociationEmployee, a grievance may be processed as follows:
a. A. Step I - The teacher or the Association Grievant may present the grievance in writing to the immediately involved supervisor, supervising principal who will arrange for a meeting to take place within 10 teacher work five (5) days after the receipt of receiving the grievance. If the grievance is not received within ten (10) days of the event-giving rise to the grievance or when the grievance could have been reasonably ascertained, it is waived. The Association's ’s representative, the grievantGrievant, and the immediately involved supervisor may Principal will be present for the meeting. The purpose of the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work ten (10) days of the meeting, the grievant Grievant and the Association shall be provided with will receive the supervisor's Principal’s written response, including the reasons for the decisionresponse.
b. B. Step II - If the grievance is not resolved at Step AI, then the grievant Association or the Association Grievant may refer appeal the grievance to the superintendent Superintendent or the superintendent's official designee within 10 teacher work five (5) days after receipt of the Step A answer I response or within 15 teacher work days after the Step A meeting, whichever it is the laterwaived. The superintendent shall Superintendent or designee will arrange with the Association or Grievant for a meeting to take place within 10 teacher work five (5) days of the Superintendent or designee’s receipt of the appeal. Each party shall will have the right to include in its representation such witnesses or and counselors as it deems necessary. The purpose of the meeting is to resolve the issue. Within 10 teacher work ten (10) days of the meeting, the Association and or Grievant will receive the grievant shall be provided with the superintendent's Superintendent or designee’s written response, including the reasons for the decisionresponse.
c. If the grievance is not resolved at C. 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. III - If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written replyII, the Association may submit advance the grievance to final and binding arbitration. The Association shall request a panel of seven (7) arbitrators from arbitration through the Federal Mediation and Conciliation Service. Each party shall take turns striking one Service (1FMCS) name from which will act as the list, with administrator of 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 listproceedings. If a demand for arbitration is not filed with the FMCS within 10 teacher work thirty (30) calendar days of the receipt of the date for Step C answerII response, then the grievance shall will be deemed withdrawn.
1withdrawn and waived. The arbitrator shall will have no power to alter or amend 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher School District and the teacher's immediately involved supervisor grievant shall attempt to resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany all grievances which arise during the teacher to assist course of employment in the informal resolution following manner:
(1) The grievant must bring problems relating to this Agreement to the attention of his/her building administrator within 20 working days of becoming aware of the situation.
(2) The grievant and building administrator shall attempt to informally resolve the grievance. This informal approach does In the event the problem is not extend or waive the 15 day time limit noted above. If, howeverresolved within 10 working days, the grievant may initiate formal written procedures.
(3) The grievant must submit the formal written grievance to the building administrator within 10 working days following the informal process fails procedures. The parties have 10 working days to satisfy resolve the teacher or grievance.
(4) In the Association, a grievance may be processed as follows:
a. The teacher or the Association may present event the grievance in writing to is not resolved thereby, the immediately involved supervisorgrievant may, who will arrange for a meeting to take place within 10 teacher work days after working days, meet with the receipt of superintendent in an effort to resolve 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 parties have 10 working days to resolve the issue as grievance.
(5) In the supervisor event the grievance is empowered not resolved thereby, the grievant may, within 10 working days, meet with the School Board in an effort to do soresolve the grievance. The parties have 10 working days to resolve the grievance.
(6) In the event the grievant and the School Board are unable to resolve the grievance, the grievant may, within 10 working days, submit the grievance to binding arbitration according to the procedure set forth in P.E.L.R.
A. The grievant must promptly notify the superintendent or School Board chair that the grievance has been submitted to binding arbitration.
(7) Within 5 teacher work 10 working days of after the meetingrequest to arbitrate, the grievant and the Association School Board shall be provided with the supervisor's written responsemeet in an attempt to agree upon an arbitrator. If no agreement on an arbitrator is reached, including the reasons for the decision.
b. If the grievance is not resolved at Step Aeither party may, then the grievant or the Association may refer the grievance to the superintendent or the superintendent's official designee within 10 teacher work working days, request the Bureau of Mediation Services to submit a panel of arbitrators. Within 10 days after receipt of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the 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 meetingpanel, the Association parties shall alternately strike names, and the grievant shall be provided with the superintendent's written response, including the reasons for the decision.
c. If the grievance is not resolved at Step B then the grievant or 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 disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) remaining name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have arbitrator to hear the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be deemed withdrawn.
1grievance. The arbitrator shall have no power to alter the terms order of this Agreement. His/her authority shall striking will be strictly limited to deciding only the issue or issues presented to him determined by the Board and the Association, and his/her decision shall be based only upon interpretation flip of the meaning or the application of the express relevant language of this Agreementa coin.
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 1 contract
Sources: Teacher Master Agreement
Procedures. In the event that a member of the faculty has a grievance, the following steps will be followed without bypass:
Step 1: The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's immediately involved supervisor faculty member will try to resolve problems that problem through free and informal communicationsdiscussion with the building principal. When requested by a the teacher, an Association representative a building grievance person may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive When requested by the 15 day time limit noted above. Ifbuilding principal, however, another administrator may accompany the principal to assist in the informal process resolution of the grievance.
Step 2: If informal Step One fails to satisfy the teacher, within twenty working days the teacher or the Association, a grievance may be processed as follows:
a. The teacher or the Association may present the grievance in writing to the immediately involved supervisorbuilding principal, who will arrange for a meeting to take place within 10 teacher work days after the receipt of the grievanceplace. The Association's representativebuilding grievance person, the grievant, the building principal, and, at the option of the principal, another administrator will be present at that meeting. Within five (5) working days the building grievance person 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 5 teacher work days of the meeting, the grievant and the Association shall complainant will be provided with the supervisorprincipal's written response, including the reasons for the decision.
b. If Step 3: Within ten working days of the Step Two answer, and if the grievance is not resolved at Step ATwo, then the grievant or the Association JTO grievance representative may refer the grievance to the superintendent or the superintendent's official designee within 10 teacher work days after receipt of the Step A answer or within 15 teacher work days after the Step A meetingSuperintendent, whichever is the later. The superintendent who shall arrange for a meeting to take place within 10 teacher work five (5) days of his receipt of the appeal. Each party shall have the right to include in its representation representation, such witnesses or and counselors as it deems necessary. The purpose of the meeting is to resolve the issue. Within 10 teacher work days of the meetingfive (5) working days, the Association JTO grievance representative, the grievant, and the grievant principal shall be provided with the superintendentSuperintendent's written response, including the reasons for the decision.
c. If Step 4: Within fifteen (15) working days of receipt of the Superintendent's Step Three answer, and if the grievance is still not resolved at Step B then the grievant or the Association may refer resolved, the grievance may be referred to the Board of Education within 10 teacher work days after Education. At this level, neither the receipt of administration nor the Step B answer or within 20 teacher work days after JTO shall be permitted to assert any evidence that was not previously disclosed to 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 necessaryother party. Within 10 teacher work fifteen (15) working days of the meetingJTO grievance representative, the Association grievant, and the grievant principal shall be provided with the Board of EducationBoard's written response, including the reasons for the decision.
d. Step 5: If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written replyFour, within thirty (30) days the Association may submit the grievance to final and binding arbitration. The Association shall request a panel of seven (7) arbitrators from arbitration under 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 Voluntary Labor Arbitration Rules of the receipt American Arbitration Association, which shall act as the administrator of the Step C answer, then the grievance shall be deemed withdrawnproceedings.
1. Neither the Board nor the JTO shall be permitted to assert any grounds or evidence before the arbitrator that has not previously been disclosed to the other party.
2. 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 Agreementagreement.
23. Each party shall bear the full cost for costs of its representation in the arbitration. The cost of the arbitrator and the AAA shall be divided equally between the partiesBoard and the JTO.
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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's immediately involved supervisor STEP 1: Every effort shall be made to resolve problems grievances through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. The teacher or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work days after the receipt of the grievance. The Association's representative, the grievant, and 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 5 teacher work days of the meeting, communication between the grievant and his/her immediate administrative supervisor. However, if such informal processes fail to provide an acceptable adjustment to the grievance, grievant may proceed to STEP 2. STEP 2: The grievant, or at his/her request the Association shall be provided with the supervisor's written responseon his/her behalf, 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 submit an executed Grievance Review request form to the superintendent or the superintendent's official designee within 10 teacher work days after receipt of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent grievant’s immediate administrative supervisor who shall arrange for a meeting to take place within 10 teacher work seven (7) days of after receipt of the appealform. Each party shall have The grievant, his/her immediate supervisor, and representative of the Association, unless the Association waives its right to include in have 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 representative present shall attend the meeting. In addition, both the Association 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 be provided provide the grievant and the Association with a written response to the superintendent's written response, including Grievance Review within seven (7) calendar days after the reasons for the decision.
c. meeting. STEP 3: If the grievance is not resolved adjusted at Step B 2 to the satisfaction of the grievant, then the grievant grievant, or at his/her request the Association acting on his/her behalf, may refer the grievance to the Board 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 Education the Association unless the Association waives its right to have representative(s) attend the meeting, within 10 teacher work ten (10) calendar days after the receipt 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 Superintendent shall provide his written decision concerning the grievance and any adjustment of it to the Step B answer or grievant and the Association within 20 teacher work ten (10) calendar days after the Step B meeting, whichever is .
A. If the later. The Board of Education will hear all grievance appeals at does not involve the next regularly scheduled Board of Education meeting. Each party shall have the right to include in its representation such witnesses interpretation or counselors as it deems necessary. Within 10 teacher work days application of the meetingterms of the Agreement, the Association and if the grievant shall be provided with the Board of Education's written response, including the reasons for the decision.
d. If the Association is not satisfied with the disposition of the his/her grievance at Step C STEP 3; or if the Superintendent has not provided a written decision within the time limits expire without prescribed in STEP 3; then the issuance of 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 of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed delivered to the Superintendent within 10 teacher work thirty (30) calendar days of after the receipt of the Step C answermeeting prescribed in STEP 3 is held, then the grievance shall be deemed withdrawn.
1. The arbitrator Board or hearing officer appointed by it shall have no power to alter meet within ten (10) calendar days after a written request for meeting with 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.grievant and/or with representative(s) of
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher and Any grievance or dispute, which may arise between the teacher's immediately involved supervisor to resolve problems through free and informal communications. When requested by a teacherparties, an Association representative may accompany including the teacher to assist application, meaning or interpretation of this Agreement, shall be settled in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may following manner: All grievances must be processed as follows:
a. The teacher or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place initiated within 10 teacher work ten (10) days after the receipt grievant knew, or should have known, of the act or condition, which is the basis for the grievance. The Association's 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 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 informal problem solving is not successful, BVCEA may advance the grievance to Step One or Two as appropriate. During the processing of a grievance through the various steps of the grievance procedure, timely filing must be made or the grievance will be waived. If mitigating circumstances exist, these time limits may be extended by mutual agreement. STEP ONE: A grievance will first be discussed with the grievant’s immediate supervisor/administrator with the objective of resolving the 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 file the formal step one grievance report form with the Human Resources Division. The immediate supervisor/administrator will provide a written answer to the grievance within five (5) days and will provide a copy of that decision to the BVCEA President, the UniServ Director, the grievant, the department head and Assistant Superintendent of Human Resources. STEP TWO: If the immediately involved supervisor grievance has not been resolved at step one, it may be present for appealed in writing by the meetingBVCEA to the Assistant Superintendent of Human Resources in step two of this procedure within 10 days from the BVCEA’s receipt of the supervisor’s answer. The purpose of the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work days of the meeting, Assistant Superintendent and/or representative(s) will meet with 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 their chosen representative within 10 teacher work five (5) days after receipt of the Step A answer 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 15 teacher work ten (10) days after the Step A meetinghearing, whichever is the later. The superintendent shall arrange for a meeting grievance may be appealed to take place the District’s Superintendent within 10 teacher work five(5) days of after receipt of the appeal. Each party shall have written answer or the right to include ten (10) day period in its representation such witnesses or counselors as it deems necessarywhich no decision was rendered. The purpose Superintendent and/or representative(s) will meet with the grievant, the BVCEA President and/or the Chief ▇▇▇▇▇▇▇ within ten (10) days after receipt of the meeting is written grievance in an effort to resolve the issuegrievance. Within 10 teacher work ten (10) 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 meetingdemand for arbitration, the Association Board and/or representative(s) and the grievant BVCEA and/or representatives will select an arbitrator. In the event the parties are unable to agree on an arbitrator, selection shall be provided with the superintendent's written response, including the reasons for the decision.
c. If the grievance is not resolved at Step B then the grievant or 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 disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be 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 made in the arbitrationmanner provided below. The cost of In the event the parties are unable to agree up on an 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.within ten
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Step #1: The parties hereto acknowledge that it is usually most desirable employee or the Association shall submit on a standardized grievance form (enclosed with the contract) to the immediate supervisor the listed grievance. Such communication shall take place within 30 days of the grievant’s knowledge of the alleged violation. The supervisor shall within 10 days of his receipt of the grievance, arrange for a teacher and meeting with the teacher's immediately involved supervisor grievant to resolve problems through free and informal communications. When requested by take place for a teacher, an Association representative may accompany the teacher to assist in the informal resolution clarification of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. The teacher or A representative of the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work days after the receipt of the grievancebe present. The Association's representative, the grievant, and the immediately involved immediate 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 shall within 5 teacher work days of the meeting, provide the grievant and the Association shall be provided with Director of Schools a written position on the supervisor's written response, including the reasons for the decision.
b. If the grievance is not resolved at Step A, then grievances. Should 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 Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the 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 not be provided with the superintendent's written response, including the reasons for the decision.
c. If the grievance is not resolved at Step B then the grievant or 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 disposition of the grievance at made by his immediate supervisor, he may proceed to Step C or #2. Step #2: Within 10 days of receiving an unsatisfactory disposition of his grievance from his immediate supervisor, the time limits expire without employee may arrange a conference with the issuance Director of Schools, which shall be scheduled within 5 days of the Director’s receipt of such request. The immediate supervisor, the grievant, and a representative of the Association, if the grievant requests the presence of a representative, shall attend the conference. Either party may bring witnesses as the sides deem necessary. After hearing the diverse sides, the Director shall within 5 days submit his written reasons for the decision. If the grievant is not satisfied with the Director’s disposition of the matter, the grievant may proceed to Step #3. Step #3: Within 10 days of receiving an unsatisfactory answer from the Director, the grievant may request a hearing before the Board of Education's written replyEducation by informing the Director of this desire. The Board shall hear the grievance at its next regularly scheduled Board meeting. The board shall respond in writing within 10 days after the review is completed. If the grievant is not satisfied with the Board’s disposition of his grievance, the Association he may submit the said grievance to binding advisory arbitration. The , with Association shall request a panel of seven (7) arbitrators from approval, as provided by the Federal Mediation and Conciliation ServiceService and specifically provided for in Step #4. Each party shall take turns striking one (1) name Step #4: If the grievant desires to submit his grievances to advisory arbitration, he must do so within 10 days of his receipt of an answer from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be deemed withdrawn.
1Board. The arbitrator shall have no power or authority to add to, subtract from, change, modify, or 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 in any way provisions of the meaning agreement, or the application of the express relevant language of impose on any party hereto a limitation or obligation not explicitly provided for in this Agreement.
2agreement. Each party shall bear the full cost for its representation in the arbitration. The cost of Furthermore, the arbitrator shall be divided equally between the parties.
3. If either party requests a transcript of the proceedingshave no power to change any practice, that party shall bear the full cost of the transcript. If both parties order a transcriptpolicy, 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.or
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's immediately involved supervisor 1. First Step: An attempt will be made to resolve problems through free and informal communications. When requested any grievance in informal, verbal discussion between complainant, accompanied by a teacher, an Association representative may accompany if requested by the teacher to assist in complainant, and his/her immediate superior. The Association will be informed by the informal resolution administration of the grievanceoutcome achieved at this step.
2. This informal approach does Second Step: If any grievance cannot extend or waive the 15 day time limit noted above. Ifbe resolved informally, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. The teacher or the Association may present grievant(s) will file the grievance in writing with the principal. Within ten (10) days after such written grievance is filed, the aggrieved, representative of the aggrieved as desired, and the principal will meet to resolve the grievance. The written grievance must state the nature of the grievance, note the specific clause or clauses of the Agreement allegedly violated, and state the remedy requested. Any grievance filed by the Association or a group of 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 occurrence of the event giving rise to the immediately involved supervisorgrievance, who will arrange except for a meeting grievances pertaining to take place payroll which must be filed within 10 teacher work thirty-five (35) days after of the receipt of the initial paycheck involved in the grievance. The Association's representative, principal or other administrator who has authority to make a decision on the grievant, grievance will make such decision and communicate it in writing to the teacher(s) 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 5 teacher work Superintendent within ten (10) days of the second step meeting, the grievant and the Association shall be provided with the supervisor's written response, including the a summary of reasons for the decision.
b. If 3. Third Step: In the event a grievance is has not been satisfactorily resolved at Step Athe second step, then the grievant or the Association may refer the grievance to the superintendent or the superintendent's official designee grievant(s) will file, within 10 teacher work days after receipt of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the 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 ten (10) days of the meeting, the Association and the grievant shall be provided with the superintendent's principal’s written response, including the reasons for the decision.
c. If the grievance is not resolved at Step B then the grievant decision 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 meetingsecond step, the Association and the grievant shall be provided with the Board of Education's written response, including the reasons for the decision.
d. If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be 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 grievance with the Superintendent. Within ten (10) days after such written grievance is furnished to the arbitratorfiled, the cost aggrieved, representative of such shall be divided equally by the parties.aggrieved as desired, the principal and the Superintendent or designee, will meet to resolve the grievance. The Superintendent, or designee, will file an answer within ten
Appears in 1 contract
Sources: Professional Negotiations Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher and Step 1 - Oral Grievances
1. To the teacher's immediately involved supervisor to resolve problems through free and informal communications. When requested by a Superintendent
a. At the option of the tenured teacher, an Association representative oral grievance concerning placement on the seniority list, or compensation may accompany be filed directly with the teacher to assist in Superintendent. At the informal resolution option of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. Ifprobationary teacher, however, the informal process fails to satisfy the teacher or the Association, a an oral grievance concerning compensation may be processed as follows:
a. The teacher or filed directly with the Association may present the Superintendent. Any oral grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place must be filed within 10 teacher work ten (10) school days after the receipt occurrence of the grievancealleged 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's representative. Any adjustment shall be consistent with the terms of this agreement. The Association representative shall be given the opportunity to be present at this adjustment.
1. To the Superintendent
a. If the oral grievance to the Superintendent in Article ▇▇, ▇, ▇, a. above is not resolved at the oral level, the grievant, and grievance must be submitted in writing on the immediately involved supervisor may be present for Grievance Report Form (Appendix E-1) to the Superintendent within five (5) school days of the initial oral grievance meeting. The purpose of the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work days of the meeting, form shall be signed by the grievant and the Association shall be provided with the supervisor's written response, including the reasons for the decision.
b. Representative or officer. The grievance process will proceed at Step 6 below. If the grievance 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 Step Athe oral level, then the grievance must be 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 grievant or and the Association may refer the grievance to the superintendent Representative or the superintendent's official designee within 10 teacher work days after receipt of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the laterofficer. 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 response, including the reasons for the decision.
c. If the grievance is not resolved at Step B then the grievant or the Association may refer filed in writing, within those five (5) school days, it shall be considered waived. If 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 meetinginvolves more than one school building, whichever is the later. The Board of Education it 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 filed with the Board of Education's written response, including the reasons for the decisionPrincipal(s).
d. If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be 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 1 contract
Sources: Master Agreement
Procedures. The parties hereto acknowledge For the purposes of this Agreement, a grievance is defined as being a claim that it is usually most desirable 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 teacher and the teacher's immediately involved supervisor to resolve problems through free and informal communicationsmanner which violates this Agreement. When requested presented, in written form, a l l grievances must be 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 teachergrievance on behalf of an employee, an Association representative may accompany or group of employees and to seek adjustment with the teacher to assist employer in the informal resolution 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. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. The teacher or the Association may present the her grievance in writing to her Supervisor. The Supervisor shall answer in writing the immediately involved supervisor, who will arrange for a meeting to take place grievance within 10 teacher work five (5) working days after the receipt of the grievanceshe has received same. 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 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 Athen settled, then the grievant may, within five working after the written decision of the supervisor has been received or the Association may refer should have been received, present the grievance to either the superintendent Area Business Administrator or other representative designated by Board from time to time. In presenting such a grievance, the superintendent's official designee within 10 teacher work days after receipt shall advise management of the Step A 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 or the grievance in writing within 15 teacher work five working days after the Step A meeting, whichever is the latergrievance has been received. 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 response, including the reasons for the decision.
c. If the grievance is not resolved at settled in accordance with Step B then the grievant or the Association may refer the grievance to the Board of Education within 10 teacher work ten days after the receipt decision of the Step B answer Business Administrator 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 other designate has been received or should have the right to include in its representation such witnesses or counselors as it deems necessary. Within 10 teacher work days of the meeting, the Association and the grievant shall be provided with the Board of Education's written response, including the reasons for the decision.
d. If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answerbeen 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 deemed withdrawn.
1given 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. The arbitrator shall have no power Such a grievance may be presented by the Board, in writing, to alter the terms 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 provision of of this Agreement. His/her authority shall be strictly limited to deciding only The Union may submit a policy grievance which is distinguishable from the issue or issues presented to him by grievance of an individual employee and which concerns the Board Union itself and the Association, and his/her decision shall be based only upon interpretation of the meaning or the application of the express relevant language which alleges a violation of this Agreement.
2. Such a grievance may be presented i n writing t o the as referred t o in the Grievance Procedure within ten days after the alleged violation. If the grievance is not settled, it may then be referred to arbitration under the provisions of 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 more employees in one or more locations) may be presented by the Union denoting the number of employees affected. The grievance shall be signed by those grieving or by three members of the Union Executive, which shall identify those who are grieving. The grievance must be presented to the Management as referred to in the Grievance Procedure, within ten days after the alleged violation or misinterpretation. If the grievance is not settled it may be referred to Arbitration under the provisions of of this Agreement. In the event that a grievance is t o proceed to arbitration, then the party going to arbitration must send a notice of intention to proceed to arbitration to the other party within ten (10) days after the last Step in the Grievance Procedure has been exhausted. The notice of intention to proceed to arbitration shall. contain a statement of the matter in dispute and the relief sought from an Arbitration The statement must also include the name and address of party's nominee to the proposed Arbitration Board. The party who receives the notice of intention to proceed to arbitration shall then notify the 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 full cost for expenses of its representation in own nominee to an Arbitration Board and the arbitrationparties 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 cost 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 arbitrator shall be divided equally between the partiesdifference or allegation and render a decision.
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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it Step 1. An employee having a grievance may, within ten (10) days following the occurrence of the event giving rise to the grievance, present the written grievance to the ▇▇▇▇, Director or Department Chair setting forth the complete facts on which the grievance is usually most desirable for a teacher based, the specific provision or provisions allegedly violated, and the teacherrelief requested. The Division of Human Resources shall schedule a meeting between the grievant, the grievant's immediately involved supervisor ▇▇▇▇▇▇▇/AFSCME Employee Representative, grievant's supervisor, and any other appropriate individual within ten (10) days following receipt of the grievance if no postponement is requested, or receipt of written notice that the grievant wishes to resolve problems through free and informal communicationsproceed with the Step 1 meeting if a postponement was previously requested. When requested by a teacher, an Association representative may accompany The grievant shall have the teacher right to assist present any evidence in support of the informal grievance at this meeting. If the meeting does not result in resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher ▇▇▇▇, Director or the Association, a grievance may be processed as follows:
a. The teacher or the Association may present Department Chair will proceed with processing the grievance in writing and issuing a written decision, stating the reasons therefor, to the immediately involved supervisor, who will arrange for a meeting to take place grievant's ▇▇▇▇▇▇▇/AFSCME Employee Representative within 10 teacher work ten (10) days after following the receipt of the grievance. The Association's representative, grievance or 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 5 teacher work days conclusion of the meeting, unless an extension has been granted. If an extension was granted, the decision shall be issued by the agreed upon date. A copy of the decision shall be sent to the grievant and to the Association shall Local AFSCME President if grievant elected not to be provided with represented by AFSCME. In the supervisorabsence of an agreement to extend the period for issuing the Step 1 decision, the grievant may proceed to Step 2 if the grievant's ▇▇▇▇▇▇▇/AFSCME Employee Representative has not received the written response, including decision by the reasons for end of the decision10th day following the conclusion of the Step 1 meeting.
b. 1. If the grievance is not satisfactorily resolved at Step A1, then the grievant or may file a written request for review with the Association may refer the grievance to the superintendent or the superintendent's official Vice President of Human Resources/designee within 10 teacher work ten (10) days after following receipt of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later1 decision by grievant's ▇▇▇▇▇▇▇/AFSCME Employee Representative. 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 response, including the reasons for the decision.
c. If When the grievance is not resolved eligible for initiation at Step B then the grievant or the Association may refer 2, the grievance form must contain the same information as a grievance filed at Step 1 above. The Vice President of Human 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 the Board of Education grievant's ▇▇▇▇▇▇▇/AFSCME Staff Representative within 10 teacher work ten (10) days after following the receipt of the Step B answer grievance 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 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 Association and ▇▇▇▇▇▇▇/AFSCME Staff Representative has not received the grievant shall be provided with written decision by the Board of Education's written response, including the reasons for the decision.
d. If the Association is not satisfied with the disposition end of the grievance at Step C or 10th day following the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt conclusion of the Step C answer, then the grievance shall be deemed withdrawn.
1. The arbitrator shall have no power to alter the terms of this Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him by the Board and the Association, and his/her decision shall be based only upon interpretation of the meaning or the application of the express relevant language of this Agreement.
2. Each party shall bear the full cost for its representation in 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher an Association member and the teacher's immediately involved supervisor to Administration/Board may resolve problems through free and informal communications. When requested However, should a grievance occur, the steps below shall be followed. During the summer, time limits shall be business days rather than school days. By mutual agreement, any step of the grievance procedure may be bypassed. If no written decision has been rendered within the time limits indicated by a teacherstep, an Association representative may accompany then the teacher grievance shall be automatically appealed to assist in the informal resolution next step. STEP ONE: The filing of a formal, written grievance must be within twenty (20) days from the date of the occurrence(s) of the event giving rise to the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher The Association or the Association, a grievance may be processed as follows:
a. The teacher or the Association may ▇▇▇▇▇▇▇▇ shall present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work ten (10) days after the receipt of the grievance. The grievant and/or the Association's representative, the grievant, representative and the immediately involved supervisor may shall be present for the meeting. The purpose of the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work ten (10) days of the meeting, the grievant and the Association shall be provided with the supervisor's written response, including the reasons for the decision.
b. . STEP TWO: If the grievance is not resolved at Step AOne, then the grievant or the Association may refer the grievance in writing to the superintendent Superintendent or the superintendentSuperintendent's official designee within 10 teacher work ten (10) days after receipt of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the laterOne answer. The superintendent Superintendent shall arrange arrange, with the Association representative, for a meeting to take place within 10 teacher work ten (10) days of the Superintendent's 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 ten (10) days of the meeting, the Association and the grievant shall be provided with the superintendentSuperintendent's written response, including the reasons for the decision.
c. . STEP THREE: If the grievance is not resolved at Step B Two, then the grievant or the Association may refer the grievance in writing to the Board of Education within 10 teacher work ten (10) days after the receipt of the Step B answer or within 20 teacher work days after the Step B meeting, whichever is the laterTwo answer. The Board of Education will hear all grievance appeals shall be heard at the next regularly scheduled Board meeting unless such meeting is less than 5 (five) days from the receipt of Education the Association’s written notice in which case the grievance shall be heard at the next following regularly scheduled meeting. Each party shall have the right to include in its representation Following such witnesses or counselors as it deems necessary. Within 10 teacher work days of the a meeting, the Association and Board shall issue a decision on the grievant shall be provided with the Board of Education's written response, including the reasons for the decision.
d. grievance within ten (10) days. STEP FOUR: If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written replyThree, the Association may submit the grievance to final and binding arbitration. The Association shall may submit, in writing, a request a panel on behalf of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be and the Arbitrator. Either party shall have grieving TRS Eligible Licensed Professional member to the right to reject one Superintendent within thirty (130) 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 from the receipt of the Step C answer, then the grievance shall be deemed withdrawn.
1. The arbitrator shall have no power Three answer 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 enter into such arbitration. The cost of the arbitrator arbitration proceedings 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 conducted by an arbitrator to 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 selected by the parties.two parties within ten
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's his/her immediately involved supervisor to resolve problems through free and informal communications. When requested by a the teacher, an Association a Union representative may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the AssociationUnion, a grievance may be processed as follows:
a. Step #1 The teacher or the Association Union may present the grievance in writing to the immediately involved supervisor, principal who will arrange for a meeting to take place within 10 teacher work seven (7) days after the receipt of the grievance. The Association's A union representative, if desired by the grievantteacher, and the immediately involved supervisor may principal shall be present for the meeting. The purpose of the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work seven (7) days of the meeting, the grievant and the Association shall be provided with the supervisor's principal’s written response, including the reasons for the decision.
b. . Step #2 – If the grievance is not resolved satisfactorily at Step A#1, then the grievant or the Association may refer the grievance to the superintendent Superintendent or the superintendent's his/her official designee within 10 teacher work six (6) days after the receipt of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later#1 answer. The superintendent Superintendent shall arrange with the grievant or the Union for a meeting to take place within 10 teacher work ten (10) days of the Superintendent’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses or and counselors as it deems necessary. The purpose of the meeting is to resolve the issue. Within 10 teacher work ten (10) days of the meeting, the Association and employee or the grievant Union shall be provided with the superintendent's Superintendent’s written response, including the reasons for the decision.
c. If . Step #3 – Should the grievant not be satisfied with the disposition of the grievance is not resolved at Step B then #2, the grievant or may within ten (10) working days of receiving the Association may refer the grievance decision appeal to the Board of Education within 10 teacher work days after Education. This appeal, directed to the receipt secretary of the Board, will be in writing and will be accompanied by a copy of the complaint and the decision rendered at Step B answer or within 20 teacher work days after the Step B meeting, whichever is the later#2. The Board of Education will hear all grievance appeals meet on the matter at the next 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 Education meetingthe Board. Each party shall have This meeting will consist of the right to include in its representation such witnesses or counselors as it deems necessaryBoard, Superintendent, Complainant, and his/her Union representative, if desired. Within 10 teacher work five (5) working days of after the meeting, the Association and the grievant shall be provided Board will provide a written decision, with the Board of Education's written responsesupporting reasons, including the reasons for the decision.
d. to all parties involved. Step #4 – If the Association Union is not satisfied with the disposition of the grievance at Step C or #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 time limits expire without Union and/or Board are not satisfied with the issuance disposition of the Board of Education's written replygrievance at Step #4, the Association Union and/or board may submit the grievance to final and binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand request for arbitration is not filed within 10 teacher work thirty (30) days of the receipt of date for the Step C #4 answer, then the grievance shall be deemed withdrawn.
1. The arbitrator shall have no power to alter Expenses for the terms of this Agreement. His/her authority Arbitrator’s services shall be strictly limited to deciding only the issue or issues presented to him borne equally by the Board and Union. The arbitration proceeding shall be conducted by an Arbitrator to be selected by the Association, and 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 a 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 decision participation in this grievance procedure.
C. All records dealing with the process of a grievance shall be based only upon interpretation filed separately from the personnel files of the meaning or participants.
D. The time limits at the application of the express relevant language step of this Agreementgrievance procedure may be extended by written mutual 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 partiesE. A grievant may withdraw a grievance at any time without prejudice.
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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto hereby acknowledge that it is usually most desirable for a teacher an employee and the teacher's employee’s immediately involved supervisor to resolve problems through free and informal communications. When requested by a teacherthe employee, an Association representative may accompany the teacher employee to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher employee or the Association, a grievance may be processed as follows:
a. The teacher : ! Step I—Within twenty (20) days following the occurrence of the event giving rise to the grievance, the employee or the Association may present the grievance in writing to the immediately involved immediate supervisor, who will arrange for a meeting to take place within 10 teacher work ten (10) days after the receipt of the grievance. The Association's representative, written grievance shall include: 1) the grievant, and the immediately involved supervisor may be present factual basis for the meeting. The purpose grievance; 2) the provisions of the meeting is this agreement which are alleged to resolve the issue as the supervisor is empowered to do sohave been violated or misapplied; and 3) a specific remedy requested. Within 5 teacher work ten (10) days of the meeting, the grievant and the Association shall be provided with the immediate supervisor's ’s written response, including the reasons for the decision.
b. . ! Step II—If the grievance is not resolved at Step AI, then the grievant or the Association may refer the grievance to the superintendent Superintendent or the superintendent's Superintendent’s official designee within 10 teacher work ten (10) days after the receipt of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the laterI answer. The superintendent Superintendent or designee shall arrange with the Association representatives for a meeting to take place within 10 teacher work ten (10) days of the Superintendent’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses or counselors and internal representatives as it deems necessary. The purpose of necessary to develop the meeting is facts pertinent to resolve the issuegrievance. Within 10 teacher work ten (10) days of the meeting, the Association and the grievant shall be provided with the superintendent's Superintendent or designee’s written response, including the reasons for the decision.
c. If the 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. III—If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written replyII, the Association may submit the grievance to final and binding arbitration. The arbitration through the American Arbitration Association (“AAA”), which shall request a panel act as the administrator of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another listproceedings. If a demand for arbitration is not filed within 10 teacher work twenty (20) days of the receipt of date for the Step C II answer, then the grievance shall be deemed withdrawn.
1. a. The arbitrator shall have no power to alter the terms of this Agreement nor to amend, modify, nullify, ignore or add to the provisions of this Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him him/her in writing by the Board and the Association, parties involved and his/her decision shall must be based solely and only upon his/her interpretation of the meaning or the application of the express relevant language of this Agreement.
2b. The Board and the Association shall bear equally the costs of arbitration proceedings. All legitimate expenses incurred by the arbitrator and his/her fee shall be shared equally by the Board and the Association. Each party shall bear be responsible for compensating its own legal counsel, representatives and witnesses, if they are necessary to process the full cost for its representation in the arbitration. The cost of the arbitrator shall be divided equally between the partiesgrievance.
3. c. If either party requests a transcript of the proceedings, that party shall bear the full cost of the that transcript. If both parties order a transcript, the cost of the 2 two transcripts shall be divided equally between the parties. If a copy of the transcript is shall be furnished to the arbitrator, the cost of such shall be divided equally by paid as part of the partiescosts for the arbitration proceedings.
d. All claims for back wages shall be limited to the amount of wages that an employee would have otherwise earned plus interest, less any state unemployment compensation or other salary s/he may have earned on a replacement job during the period of back pay.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for 1. All grievances shall include the name and position of the aggrieved party, a teacher citation of the provision of the agreement involved in the said grievance, the time when and the teacher's immediately involved supervisor to resolve problems through free and informal communications. When requested by a teacherplace where the alleged events or conditions constituting the grievance existed, an Association representative may accompany the teacher to assist in the informal resolution identity of the grievance. This informal approach does not extend party responsible for causing the said events or waive the 15 day time limit noted above. Ifconditions, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. The teacher or the Association may present the grievance in writing if known to the immediately involved supervisoraggrieved party, who will arrange for and a meeting to take place within 10 teacher work days after the receipt general statement 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 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 Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the 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 response, including the reasons for the decision.
c. If the 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 disposition nature of the grievance at Step C or and the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be 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 redress sought 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 Agreementaggrieved party.
2. Each party Except for informal decisions at Stage 1a, all decisions shall bear the full cost for its representation be rendered in the arbitration. The cost writing at each step of the arbitrator grievance procedures, setting forth findings of fact conclusions, and supporting reasons thereof. A copy of the decision at each stage shall be divided equally between promptly transmitted to the partiesaggrieved party and the Association President.
3. If either 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 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 requests and any party of interest shall have the right at Stages 2 and 3 of a transcript 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, that party coercion, restraint, discrimination, or reprisal of any kind shall bear be exercised against any participant in the full cost grievance procedures.
8. Necessary forms to implement all phases of the transcriptgrievance procedure shall be developed and printed by the Association and the District.
9. If both parties order All documentation dealing with the processing of a transcriptgrievance shall be filed in a separate grievance file.
10. The grievant may choose a representative to accompany the grievant at all stages of the grievance procedure. At the opening informal stage, the cost 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 shall be construed as preventing a teacher from processing a grievance independent of the 2 transcripts Association.
14. A grievance shall be divided equally between the parties. If a copy regarded as waived unless it is submitted within thirty (30) days of the transcript time when the aggrieved party knew or should have known of the event or condition on which it is furnished to the arbitratorbased.
15. Unless all time limits and steps are complied with, the cost of such grievance shall be divided equally by the partiesterminate.
Appears in 1 contract
Sources: Professional Agreement
Procedures. The Grievances shall be processed as rapidly as possible. All grievance hearings shall be closed to outside parties hereto acknowledge that it is usually most desirable for unless by mutual agreement. Level One: A grievant may initiate the procedure by filing a teacher and written statement of grievance, citing the teacher's immediately involved supervisor relevant provisions of the Agreement, with the person at the lowest administrative level with authority to resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution of decide the grievance. This informal approach does not extend or waive the 15 day A meeting will be held at a mutually acceptable time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. The teacher or the Association may present discuss the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work days after the receipt of the grievance. The Association's representative, the grievant, and 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 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 Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the 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 response, including the reasons for the decision.
c. If the 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 disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven five (75) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then written statement. The immediate supervisor shall respond in writing with reasons for his/her decision within five (5) days of the meeting. If the grievance is unresolved, the grievance may be appealed to Level Two. Level Two: The written grievance may be advanced to Level Two, by certified mail or by email, to the District Superintendent within 15 working days of the receipt of response of the Level One. The Superintendent shall conduct a hearing within ten (10) 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 made, as well as listening to the presentation of the grievant. 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. Level Three: The written grievance may be advanced to Level Three by certified mail or by email to the District requesting arbitration within 15 working days of the receipt of the response of the Level Two. The Association or their representative may submit a written grievance by certified mail or by email, to arbitration. The arbitrator will be selected from the list of arbitrators supplied by the American Arbitration Association (AAA). He/she shall be deemed withdrawn.
1selected using the procedures of the AAA. 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 render his/her written decision within thirty (30) days. Should the arbitrator be unable to meet the thirty (30) day timeframe, the parties shall be based only upon interpretation of consider extending 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 arbitrationtime allowed. The cost of the arbitrator shall be divided equally between the partiesAlaska Uniform Arbitration Act (Chapter 43, Title 9, Alaska Statutes) is incorporated into this article by reference.
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 1 contract
Sources: Negotiated Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's immediately involved ’s building principal or immediate supervisor to resolve problems through free and informal communications. When requested by Nothing contained herein shall be construed as limiting the right of a teacherteacher having problems to discuss the matter informally and the parties agree every attempt should be made to resolve the problem at an informal level prior to initiating the grievance procedure.
Level 1 If the problem cannot be resolved informally, an Association representative may accompany the teacher grievant shall indicate in writing, to assist in the informal resolution building principal, within fifteen (15) days of the grievancealleged violation of the Agreement, or grievant’s reasonable knowledge of same, but not to extend beyond the first day of the next school year, that a written response is requested within ten (10) days. This informal approach does If the problem is not extend resolved or waive no written response has been rendered within ten *Note – In instances involving grievances on the 15 day time limit noted above. If, howeverSuperintendent, the informal process fails to satisfy Superintendent will be responsible for the teacher or performance of the Association, a grievance may be processed as follows:
a. The teacher or the Association may present Level 1 procedure. If the grievance concerning the Superintendent is not resolved at ▇▇▇▇▇ ▇, and the grievant wishes to continue with the process, then the Board President or his designee will be responsible for the performance of the Level 2 procedure. Level 2 – If the grievance is not resolved in writing Level 1, the grievant may refer the grievance to the immediately involved supervisor, who will arrange for a meeting to take place Superintendent or designee within 10 teacher work five (5) days after the 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 5 teacher work days of the meeting, Level 1
Level 3 If 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 Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the 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 response, including the reasons for the decision.
c. If the 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 disposition of the grievance at Step C in Level 2, or the time limits expire limit expires without the issuance issue of the Board of Education's a written reply, then the grievant may request the Association may submit the grievance to binding expedited arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person arbitration proceedings shall be conducted under the Arbitrator. Either party shall have voluntary labor arbitration rules of 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 listAmerican Arbitration Association. If a demand for arbitration is not filed within 10 teacher work days thirty
A. Neither the Board nor the Association shall be permitted to assert before the Arbitrator any new violation, misrepresentation, or misapplication of the receipt specific terms of this agreement which are not stated in the written grievance or any reference not stated in the written responses to the grievance not disclosed prior to Level 3. Documentary evidence not disclosed to the other party in support of the Step C answerwritten grievances or responses thereto prior to Level 3 shall not be received as evidence in the arbitration on that grievance, then unless the grievance shall be deemed withdrawnBoard and Association mutually agree otherwise.
1. B. The arbitrator shall have no power may recommend any award which the arbitrator judges to be proper to make the grievant whole, but cannot alter the terms of this Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him by contract.
C. The fees and expenses of the Board arbitrator 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 a written transcript for the arbitrator shall be divided equally between the parties.
3. If either party requests a transcript of Board and the proceedingsAssociation, provided, however, that each party shall bear the full cost of the transcript. If both parties order a transcriptbe responsible for compensating its own representatives and witnesses, the cost of the 2 transcripts shall be divided equally between the parties. If a and purchasing its own copy of the transcript is furnished to the arbitrator, the cost of such shall be divided equally by the partieswritten transcript.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's immediately involved supervisor Step 1 — A good faith attempt shall be made to resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. The teacher or the Association may present the any grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work days after the receipt of the grievance. The Association's representative, the grievant, and 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 5 teacher work days of the meeting, an informal discussion between the grievant and the appropriate supervisor. Although nothing herein shall prevent an employee from having Association shall be provided with representation throughout any step of the supervisor's written responsegrievance procedure, including the reasons for Association and the decisionBoard strongly encourage employees and their supervisors to resolve problems in an informal atmosphere without third party intervention using this open dialogue and good faith before disputes become formal grievances.
b. Step 2 — If the grievance is cannot be resolved at Step Ainformally, then the grievant or the Association may refer file the grievance to in writing with the superintendent Director of Transportation or another appropriate supervisor. The written grievance should state the superintendent's official designee within 10 teacher work days after receipt nature of the Step A answer grievance, the specific clause 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 clauses of the appealAgreement violated, and the remedy requested. Each party shall have the right to include in its representation such witnesses or counselors as it deems necessary. The purpose Filing of the meeting is to resolve the issue. Within 10 teacher work days of the meetingwritten grievance must be done within fifteen (15) days, the Association and the grievant shall be provided with the superintendent's written response, including the reasons for the decision.
c. If the grievance is not resolved at Step B then the grievant or 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 disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be 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 otherwise mutually agreed between the Board and the Association, and his/her decision shall be based only upon interpretation from the date of the meaning occurrence of the event giving rise to the grievance or when the grievant could reasonably have had knowledge thereof. The Director or supervisor shall within ten (10) days of receipt of the grievance schedule a meeting to resolve the grievance. He/she shall issue
Step 3 — In the event a grievance has not been satisfactorily resolved at Step 2, the grievant or the application Association shall file, within seven (7) days of the express relevant language of this Agreement.
written answer to Step 2. Each party shall bear , or, if no answer is received within the full cost for its representation time specified in the arbitration. The cost Step 2, within seven (7) days of the arbitrator shall be divided equally between date when the parties.
3. If either party requests a transcript of the proceedingsanswer was due, 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 grievance with the Superintendent or his/her designee. Within ten (10) days after such written grievance is furnished to filed, a meeting shall be scheduled with the arbitratoraggrieved, a representative of the Association, the cost supervisor, and the Superintendent or his/her designee. The Superintendent or his/her designee shall file an answer with the grievant, the supervisor, and the Association President within seven (7) days of such shall be divided equally by the partiesthat meeting.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1. Grievance proceedings shall be kept informal and confidential at all levels of this procedure. Breach of confidentiality may result in disciplinary action.
2. The parties hereto acknowledge that it is usually most desirable for number of days indicated at each level of this procedure shall be considered a teacher maximum, and every effort shall be made to expedite the teacher's immediately involved supervisor process.
3. If the College fails to resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany comply with the teacher to assist in the informal resolution time limit requirements as set forth under any of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. Ifprocedure levels, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. The teacher or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work days after the receipt of the grievance. The Association's representative, the grievant, and 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 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 Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the 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 response, including the reasons for the decision.
c. If the 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 disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be deemed withdrawnconsidered automatically appealed to the next level of the procedure.
14. 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 or, in the case of appeals, the previous decision by the College shall be final.
5. The arbitrator time limits set forth herein may be extended provided the extension has been mutually agreed upon in writing by the parties.
6. 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 no power known of the action that precipitated the grievance.
7. No reprisal or retaliation by any party to alter the terms grievance shall be taken against any party as a result of participation in the proceeding of a grievance.
8. A grievant and the party charged may be accompanied and represented at any hearing or meeting conducted under this procedure.
9. A staff member, acting individually, may present a grievance without the intervention of the Federation provided the grievance has been processed in accordance with this procedure. At any hearing of a grievance brought individually by a staff member, the Federation as a party to this Agreement, will be afforded the opportunity to be present and present its views. His/her authority Any adjustment made shall be strictly limited to deciding only consistent with 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 provisions 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 parties10. If a copy grievance affects a group of two or more staff members of the transcript is furnished to bargaining unit or involves a decision or action by the arbitratorCollege that has a system‐wide impact, the cost Federation may submit the grievance on behalf of such the affected staff members at Level Two of this procedure. The parties may submit this grievance at Level One if all of the members of the bargaining unit affected by the grievance have the same supervisor.
11. The parties may cooperate in any investigation that may be necessary in order to expedite the process.
12. All documents related to a grievance shall be divided equally maintained in a separate grievance file and shall not be kept in the personnel file of any of the grievance participants.
13. All grievances and grievance responses shall be filed and processed on grievance forms mutually agreed upon by the parties and contained in an Appendix of this Agreement.
14. Unless otherwise agreed to by the parties, the processing of grievances shall be conducted during work time.
15. All decisions shall be submitted in writing at each step of the grievance procedure and the decision shall be submitted to both the grievant and the Federation.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. A. The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's immediately involved supervisor to resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. The teacher or the Association may present aggrieved person shall discuss the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work days after the receipt of the grievance. The Association's representative, the grievant, and 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 5 teacher work days of the meeting, the grievant and the Association shall be provided with the appropriate immediate supervisor's written response, including the reasons for the decision.
b. 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 Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the 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 response, including the reasons for the decision.
c. If the 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 aggrieved person is not satisfied with the disposition of the grievance at Step C or grievance, it shall be discussed informally with the time limits expire without Superintendent of Schools.
C. If the issuance aggrieved person is not satisfied with the disposition of the Board of Education's written replygrievance, the Association grievance may submit be presented in writing to the Superintendent of Schools within five (5) working days of the informal discussion.
D. The Superintendent of Schools shall investigate the grievance to binding arbitrationand give a decision in writing, within five (5) working days.
E. If the aggrieved person is not satisfied with the disposition of the grievance, a review by the Board may be requested, within five working days of receipt of the Superintendent’s written decision. The request shall be submitted in writing through the Superintendent, who shall attach all related papers and forward the request to the Board. The Board or committee thereof shall review the grievance, hold a hearing with the aggrieved, if requested, and render the final decision, in writing, within thirty (30) calendar days of the request.
F. If within ten (10) working days after the decision of the Board, the aggrieved person is not satisfied with the disposition of the grievance, advisory arbitration may be requested. The Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment to serve. If the parties are unable to agree on an arbitrator, they shall request a panel list of seven (7) arbitrators from PERC, and they shall be bound by the Federal Mediation procedure for selection.
G. The arbitrator selected shall hold hearings in the district and Conciliation Service. Each party shall take turns striking one issue an advisory decision, in writing, within twenty (120) name calendar days from the list, with close of the Association striking firsthearings. The remaining person decision shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is doneset forth findings of fact, reasoning, and if a party rejects a list conclusions on the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be deemed withdrawn.
1issue submitted. The arbitrator shall have no be without power to alter the terms of add or subtract from this Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him by the Board agreement, and the Association, and his/her decision shall be based only upon interpretation of costs for 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 services 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 borne equally by the parties. Any other expenses shall be paid by the party incurring same.
H. The Board and the Association shall meet within ten (10) working days to discuss the advisory decision.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for party asserting a teacher and the teacher's immediately involved supervisor grievance shall attempt to resolve problems the problem through free and informal communicationscommunication with the immediate supervisor.
Step 1. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, If the informal process fails with the immediate supervisor shall fail to satisfy resolve the teacher or problem, the Association, a grievance may be processed as follows:
a. The teacher or the Association may present the grievance formally presented in writing to the immediately involved supervisor, appropriate supervisor who will arrange for a meeting to take place be held within 10 teacher work ten (10) days after the receipt of to review the grievance. The Association's representativeformal written grievance shall clearly identify all grievants, summarize all relevant facts, identify all provisions of the Agreement allegedly violated, and describe the remedy which is requested. The filing of the formal written grievance at this step must be within ten (10) days of the date of the occurrence giving rise to the grievance or from the date when the grievant might reasonably have become aware of the occurrence. The supervisor shall provide a written answer to the grievant (with a copy to the Union if the Union is not the grievant, and the immediately involved supervisor may be present for ) within ten (10) days of the meeting. The purpose of the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work days of the meeting, the grievant and the Association answer shall be provided with the supervisor's written response, including include the reasons for the decision.
b. Step 2. If the grievance is not resolved at Step Athe preceding step, then the Union and/or grievant or the Association may refer the grievance it to the superintendent appropriate Executive Council member or designee by filing the superintendent's official designee same in writing within 10 teacher work ten (10) days after of receipt of the Step A answer or within 15 teacher work days after from the Step A meeting, whichever is the latersupervisor. The superintendent shall Executive Council member or designee will arrange for a meeting to take place be held within 10 teacher work ten (10) days of receipt of such referral to review the appealgrievance. Each party shall have the right to include in its representation such witnesses or counselors as it deems necessarynecessary to develop facts pertinent to the grievance. The purpose A written answer, including reason(s), shall be provided to the grievant (with a copy to the Union if the Union is not the grievant) within ten (10) days 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 response, including the reasons for the decisionin this paragraph.
c. Step 3. If the grievance is not resolved at Step B then the grievant or preceding step, the Association Union may refer the grievance it to the Board President or designee by filing the same in writing within ten (10) days of Education within 10 teacher work days after the receipt of the Step B answer from the Executive Council member or within 20 teacher work days after the Step B meeting, whichever is the laterdesignee. The Board President or designee will arrange for a meeting to be held within ten (10) days of Education will hear all grievance appeals at such referral to review the next regularly scheduled Board of Education meetinggrievance. Each party shall have the right to include in its representation such witnesses or counselors as it deems necessarynecessary to develop facts pertinent to the grievance. Within 10 teacher work A written answer, including reason(s), shall be provided to the grievant (with a copy to the Union if the Union is not the grievant) within ten (10) days of the meetingmeeting provided for in this paragraph. If the grievance arises from a decision at the President's level, the Association and the grievant shall grievance may be provided with the Board of Education's written response, including the reasons for the decision.
d. If the Association is not satisfied with the disposition of the grievance initiated at Step C or 3 provided such is filed within the time limits expire without prescribed in Step 1.
Step 4. If the issuance of grievance is not resolved at the Board of EducationPresident's written replylevel, the Association Union may submit the grievance it to binding arbitration, provided written notice indicating such is filed with the President or designee within fifteen (15) days of the answer at the President's level, or if no answer is filed, within fifteen (15) days of the last day on which such answer was due. The Union shall promptly request of the American Arbitration Association shall request that it provide a panel of seven (7) qualified arbitrators who are members of the National Academy of Arbitrators from which the Federal Mediation parties may make a selection pursuant to the practices of the American Arbitration Association. In making their recommendation, the arbitrator shall not add to or enlarge upon this Agreement, and Conciliation Service. Each party any suggested remedy, if appropriate, shall take turns striking one (1) name from the list, with the Association striking firstconform to Illinois law. The remaining person fees and expenses of the arbitrator and the American Arbitration Association shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be 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 shared equally by the Board and the AssociationUnion. The parties likewise shall share the expense of any transcript(s) which they may jointly request, and his/her decision but all other expenses which may be incurred by either party shall be based only upon interpretation of the meaning or the application of the express relevant language of this Agreementborne by that party.
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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher an employee and the teacher's his or her immediately involved supervisor to resolve problems through free and informal communications. When requested by a teacherthe employee, an Association representative may accompany the teacher him or her to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher employee or the Association, a grievance may be processed as follows:
a. A. The teacher employee or the Association may present the grievance in writing writing, within twenty-one (21) days of the date of the event giving rise to the grievance, to the immediately involved supervisor, who which grievance shall state the part, article, section and clause of this Agreement alleged to be violated, misrepresented or misapplied and which grievance shall further state the remedy which is sought. The immediately involved supervisor will arrange with the grievant and, if requested, the Association’s representative, for a meeting to take place within 10 teacher work seven (7) days after of the 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 5 teacher work seven (7) days of the meeting, the grievant and the Association shall be provided with the supervisor's ’s written response, including the reasons for the decision.
b. B. If the grievance is not resolved at Step A1.2.A, then the grievant or the Association may refer the grievance to the superintendent Superintendent or the superintendent's official designee his officially designated representative within 10 teacher work seven (7) days after receipt of the Step A 1.2.A answer or within 15 teacher work fourteen (14) days after the Step A 1.2.A meeting, whichever is the later. The superintendent Superintendent shall arrange with the grievant and, if requested, the Association representative, for a meeting to take place within 10 teacher work seven (7) days of the Superintendent’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses or counselors and counsel as it deems necessary. The purpose of the meeting is to resolve the issue. Within 10 teacher work seven (7) days of the meeting, the Association grievant and the grievant Association shall be provided with the superintendent's Superintendent’s written response, including the reasons for the decision.
c. If the 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. C. If the Association is not satisfied with the disposition of the grievance at Step C 1.2.B. or the time limits expire without the issuance of the Board of Education's Superintendent’s written reply, the Association grievance may submit be submitted to final and binding arbitration under the grievance to binding arbitration. The Association Voluntary Labor Arbitration Rules of the American Arbitration Association, which shall request a panel act as the Administrator of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another listproceedings. If a demand for arbitration is not filed within 10 teacher work thirty (30) days of the receipt of the date for Step C answer1.2.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 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 Each party requests will pay its own costs of representation and the cost of a transcript of the arbitration 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 partiesif requested.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher Teacher and the teacherTeacher's immediately involved supervisor to resolve problems through free and informal communications. When requested by a teacherthe Teacher, an Association representative may accompany the teacher Teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher Teacher or the Association, a grievance may be processed as follows:
a. 1. Step 1 - A grievance must be presented within thirty (30) days after the parties become aware of the occurrence that gives rise to the grievance. The teacher Teacher or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work five (5) days after the receipt of the grievance. The Association's representative, the grievant, grievant and the immediately involved supervisor may shall be present for the meeting. The purpose of the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work five (5) days of the meeting, the grievant and the Association shall be provided with the supervisor's written response, including the reasons for the decision.
b. 2. Step 2 - If the grievance is not resolved at Step A1, then the grievant or the Association may refer the grievance to the superintendent Superintendent or the superintendentSuperintendent's official designee within 10 teacher work fifteen (15) days after receipt of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later1 answer. The superintendent Superintendent shall arrange with the Association representative for a meeting to take place within 10 teacher work five (5) days of the Superintendent's receipt of the appeal. Each party shall have the right to include in its representation such witnesses or and counselors as it deems necessary. The purpose of the meeting is to resolve the issue. Within 10 teacher work five (5) days of the meeting, the Association and the grievant shall be provided with the superintendentSuperintendent's written response, including the reasons for the decision.
c. 3. Step 3 - If the grievance is not resolved at Step B 2, 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 laterEducation. The Board of Education will hear all grievance appeals shall consider this item at a regular or special meeting within fourteen (14) days after notification from the next regularly scheduled Board of Education meetingAssociation that the Step 2 answer is unacceptable and the reason therefore. Each This meeting shall be conducted in executive session and each party shall have the right to include in its representation such witnesses or and counselors as it deems necessary. Within 10 teacher work five (5) days of the meeting, the Association and the grievant shall be provided with the Board of EducationBoard's written response, including the reasons for the decision.
d. 4. Step 4 - If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply3, the Association may submit the grievance to final and binding arbitration. The Association shall request a panel of seven (7) arbitrators from arbitration through the Federal Mediation and Conciliation Service. Each party Service (FMCS), which shall take turns striking one (1) name from act as the list, with administrator of 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 listproceedings. If a demand for arbitration is not filed within 10 teacher work thirty (30) days of the receipt of date for the Step C 3 answer, then the grievance shall be deemed withdrawn.
1. a. Neither the Board nor the Association shall be permitted to assert any grounds or evidence before the arbitrator which was not previously disclosed to the other party.
b. The arbitrator shall have no power to alter the terms of this Agreement. 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually the most desirable for a teacher an employee and the teacheremployee's immediately involved supervisor to resolve problems through free and informal communications. When requested by a teacherthe employee, an Association representative may accompany the teacher employee to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher employee or the Association, a grievance may be processed as follows:provided below. The filing of the grievance at Step I or Step II below must be within twenty (20) days of the date of the occurrence of the event giving rise to the grievance. All time limits shall consist of school days, except that during any vacation or break periods (excluding regular School District holidays) regular calendar days shall be counted for the purpose of establishing time limits. The failure of a grievant to act on any grievance within the prescribed time limits will act as a bar to any further appeal. If no decision has been rendered within the time limits indicated within a step, then the grievance shall be processed to the next step. The time limits at any step or at any point in the grievance process, however, may be extended by mutual agreement.
a. 1) STEP I - The teacher employee or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work five (5) working days after the receipt of the grievance. The Association's representative, the grievant, and the immediately involved supervisor may shall be present for at the meeting. The purpose of the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work five (5) working 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. 2) STEP II - If the grievance is not resolved at Step AI, then the grievant or the Association may refer the grievance to the superintendent or the superintendent's official designee Superintendent within 10 teacher work fifteen (15) working days after receipt of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the laterI answer. The superintendent Superintendent shall arrange with the Association representative for a meeting to take place within 10 teacher work 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 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 response, including the reasons for the decision.
c. If the 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 disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be 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.five
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The party asserting a grievance may attempt to resolve the problem through informal communication with the immediate supervisor. The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's immediately involved supervisor may agree to resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution bypass any step of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, grievance procedure.
Step 1: If the informal process with the immediate supervisor fails to satisfy resolve the teacher problem, the grievant(s) or the Association, a grievance Union or both may be processed as follows:
a. The teacher or the Association may formally present the grievance in writing to the immediately involved supervisor, department supervisor who will arrange for a meeting to take place be held within 10 teacher work ten (10) working days after the receipt of to review the grievance. The Association's representative, the grievantformal written grievance shall clearly identify all provisions of this Agreement which are alleged to have been violated, and describe the immediately involved remedy which is being sought. The filing of the formal written grievance at this step shall be within ten (10) working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor may be present for shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The purpose of the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work days of the meeting, the grievant and the Association answer shall be provided with the supervisor's written response, including include the reasons for the decision.
b. Step 2: If the grievance is not satisfactorily resolved at Step Athe preceding step, then the grievant grievant(s) or the Association Union or both may refer it to the Chief of Police by filing the grievance to the superintendent or the superintendent's official designee in writing within 10 teacher work working days after of receipt of the answer from Step A 1 or, if no answer or is received, within 15 teacher work 10 working days after of the Step A meeting, whichever is time that the lateranswer was due. The superintendent shall Chief will arrange for a meeting to take place be held within 10 teacher work working days of receipt of such referral to review the appealgrievance. Each party The Union shall have the right to include in its representation presentation such witnesses or counselors and materials as it deems necessarynecessary to develop facts pertinent to the grievance. The purpose A written answer, including reason(s), shall be provided to the grievant(s), with a copy to the Union, within 10 working days of the meeting 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 response, including the reasons for the decisionin this paragraph.
c. Step 3: If the grievance is not satisfactorily resolved at Step B then the grievant preceding step, the grievant(s), or the Association Union, or both, may refer the grievance it to the Board Vice President for Administrative Affairs, or designee, by filing the same in writing within ten (10) working days of Education within 10 teacher work days after the receipt of the Step B answer or from the Chief or, if no answer is received, within 20 teacher work ten (10) working days after of the Step B meeting, whichever is time that the lateranswer was due. The Board Vice President or designee will arrange for a meeting to be held within 15 working days of Education will hear all grievance appeals at such referral to review the next regularly scheduled Board of Education meetinggrievance. Each party The Union shall have the right to include in its representation presentation such witnesses or counselors and materials as it deems necessarynecessary to develop facts pertinent to the grievance. Within 10 teacher work A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within ten (10) working days of the meetingmeeting provided for in this paragraph. If the grievance arises from a decision or action at the Vice President’s level, the Association and the grievant shall grievance may be provided with the Board of Education's written response, including the reasons for the decision.
d. If the Association is not satisfied with the disposition of the grievance initiated at Step C or 3, provided it is filed within the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (limit prescribed in Step 1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1) The parties hereto acknowledge that it is usually most desirable for 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 teacher designated representative of the Board and the teacher's immediately involved Association. A teacher with a tentative grievance may initiate this procedure in one of the following ways:
a) He may approach the immediate supervisor concerned and discuss the matter in his own behalf.
b) He may request that a representative of the Association accompany him in approaching his immediate supervisor. In such case, the supervisor shall not initiate any consultation with the grievant prior to resolve problems through free and informal communications. When requested by a teacherany scheduled meeting at which the representative is to be present.
c) In the event that steps “a” or “b” are unsuccessful, an Association representative may accompany the teacher to assist may file a formal grievance in writing on a form provided by the Personnel Department. This form is shown in the informal resolution Appendix 10 of this contract. This grievance shall be filed in quadruplicate with one copy for the Association, one copy for the grievant, one copy for the immediate supervisor, and one for the Department of Personnel. A formal grievance shall be filed as soon as possible, but in no event longer than ten (10) days after disclosure of the facts giving rise to the grievance. This informal approach does not extend or waive Within five (5) days of the 15 day time limit noted above. If, however, filing of the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. The teacher or the Association may present the formal grievance in writing to the immediately involved supervisor, who will arrange for a meeting to shall take place within 10 teacher work days after between the receipt of the grievance. The Association's representativeimmediate supervisor, the grievant, and the immediately involved supervisor may Association representative and an answer to the grievance shall be present for given to the grievant in writing within five (5) days after the meeting. If the grievance is not settled at Level One, the Association may, within five (5) days after said decision, notify the Director of Personnel that it intends to appeal the grievance, stating the grounds for such an appeal. The purpose Director of Personnel shall, within five (5) days after receipt thereof, convene a Level Two meeting between the Central Grievance Committee and the Board’s Appeal Committee. The Board’s Appeal Committee shall give a written decision on the grievance within five (5) days thereafter and deliver it to the grievant and the Association. If the grievance is not 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 Superintendent stating the grounds for appeal. A meeting is to resolve with the issue as Board shall occur within twenty (20) days following receipt of such notice, and the supervisor is empowered to do so. Within 5 teacher work days of the meeting, Superintendent shall promptly notify the grievant and the Association of the date, time, and place where such appeal will be heard. The Board’s written decision shall be provided with the supervisor's written response, including the reasons for the decision.
b. If the grievance is not resolved at Step A, then transmitted to the grievant or and the Association may refer the grievance to the superintendent or the superintendent's official designee within 10 teacher work days after receipt of the Step A answer or within 15 teacher work seven (7) days after the Step A meeting, whichever is the laterhearing. The superintendent shall arrange for a meeting to take place within 10 teacher work Within five (5) days of receipt of the appeal. Each party shall have decision at Level Three, the right grievance may be submitted to include in its representation such witnesses or counselors as it deems necessary. arbitration.
a) The purpose parties will select an arbitrator according to the provisions 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 response, including the reasons for the decision“Public Employe Relations Act.
c. If the 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 disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be deemed withdrawn.
1. ” The arbitrator shall have no power render his decision in writing and both parties agree to alter the terms of this Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him 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, and his/her decision Association agree that neither party shall be based only upon interpretation of the meaning permitted in arbitration hearings to assert any ground 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 rely on any evidence not disclosed to the arbitrator, the cost of other party prior to such shall be divided equally by the partieshearings.
Appears in 1 contract
Sources: Master Contract
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's immediately involved supervisor to an administrator may resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany communications as long as the teacher to assist in adjustment is not inconsistent with the informal resolution terms of the collective bargaining agreement then in effect, provided the Bargaining Representative has been given an opportunity to be present at such adjustment. The informal disposition of problems in no way prohibits the Association from filing a grievance, nor does it establish a precedent. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the AssociationHowever, a grievance may shall be processed as follows:
a. Step I The teacher or the Association may grievant shall present the grievance in writing writing, signed, dated and specifying the remedy sought, to the immediately involved supervisoradministrator within (10) days of the occurrence, who 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 10 teacher work ten (10) days after the of 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 5 teacher work ten (10) days of the meeting, the grievant and the Association shall be provided with the supervisor's administrator’s written response, including the reasons for the decision.
b. If Step II Failing to reach an amicable resolution at Step I, the grievant may request a hearing on the grievance is not resolved with the Willow Grove Board of Education. The request for a Step II hearing with the Board of Education shall be submitted to the Board of Education President within ten (10) days of the administrator’s written response at Step AI, then the grievant or the Association may refer the grievance shall be deemed to the superintendent or the superintendent's official designee within 10 teacher work have been withdrawn. Within thirty (30) days after receipt of the Step A answer or within 15 teacher work days after request for a hearing, the Step A meeting, whichever is the later. The superintendent Board of Education shall arrange for commence a meeting to take place within 10 teacher work days of receipt of hear the appealissue. 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 ten (10) days of the meetinghearing, the Association and the grievant shall be provided with the superintendent's Board’s written response, including the reasons for the decision.
c. If the 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. III If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written replyII, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, arbitration with the American Arbitration Association striking first. The remaining person which shall be act as the Arbitrator. Either party shall have administrator of 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 listproceedings. If a demand for arbitration is not filed with the Board within 10 teacher work thirty (30) days of the receipt date of the Step C II answer, then the grievance shall be deemed to have been withdrawn.
1A. The Arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall have no power consider and decide only the specific issues submitted to alter the terms of this Agreement. Hishim/her authority shall be strictly limited to deciding only the issue or issues presented to him by the Board and the Associationin writing, and his/her decision shall be based only solely upon his/her interpretation of the meaning or the application of the express relevant language specific terms of this AgreementAgreement to the facts of the grievance presented.
2. B. Each party shall bear the full cost costs for its representation in the arbitration. grievance procedure.
C. The cost fees and expenses of the arbitrator shall be divided shared equally between by the parties.
3D. If only one party requests the presence of a court reporter; that party shall bear the cost of the reporter. If either both parties request a court reporter, they shall share the costs.
E. If only one party requests a transcript the postponement of the proceedingsan arbitration hearing, 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 partiespostponement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Stage I : The parties hereto acknowledge that it is usually most desirable for a teacher and Grievant will discuss the teacher's immediately involved matter with his/her immediate supervisor to resolve problems through free and informal communications. When requested by a teacher, in an Association representative may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. The teacher or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work days after the receipt of the grievance. The Association's representative, the grievant, and the immediately involved supervisor may be present for the meeting. The purpose of the meeting is effort to resolve the issue as matter informally. Thereafter, the supervisor is empowered to do so. Within 5 teacher work aggrieved party shall present his grievance signed and in writing, within fifteen (15) school days of the meetingoccurrence or the event giving rise to the grievance, or the date on which the event should reasonably have been known to the grievant. The grievance shall identify the aggrieved party, the grievant provision of the Agreement, the time when and place where the Association shall be provided alleged events or condition constituting the grievance exists or occurred, and, if known, the identity of the person responsible for causing such events or condition, and a general statement of the grievance and redress sought by the aggrieved party. The supervisor, or his representative, will meet with the 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 and/or his representative within 10 teacher work five school days after receipt of the Step A answer or written grievance. The supervisor will deliver his written findings and determination within 15 teacher work five school days after his/her meeting with the Step A meetinggrievant, whichever mailing or delivering a copy to the association president. Stage I I : If such a grievance is not resolved by Stage I, the lateraggrieved party may appeal in writing to the Superintendent within five (5) school days of his receipt of the Supervisor’s decision. The superintendent Superintendent, or his representative, shall arrange for a meeting to take place meet with the aggrieved party and/or his representative within 10 teacher work five (5) school days of the receipt of the appeal. Each party The Superintendent shall have deliver his written findings and determination within five (5) school days after his meeting with the right grievant, mailing or delivering a copy 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 President. Stage III: The grievant may, within five (5) school days after his receipt o f the grievant shall be provided Superintendent’s written decision, file his written notice of appeal with the superintendent's written response, including the reasons for the decision.
c. If the grievance is not resolved at Step B then the grievant or the Association may refer the grievance to President of the Board of Education within 10 teacher work days after and the receipt of the Step B answer or within 20 teacher work days after the Step B meeting, whichever is the laterSuperintendent. 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 hold a hearing within ten (10) school days thereafter and shall deliver its representation such witnesses or counselors as it deems necessary. Within 10 teacher work written decision within five (5) school days of the meeting, hearing. Stage IV: In the event that the Board elects not to review the grievance at Stage III or if the Association and or the grievant shall be provided with the Board of Education's written response, including the reasons for the decision.
d. If the Association Grievant is not satisfied with the disposition of the grievance Board determination at Step C or the time limits expire without the issuance of the Board of Education's written replyStage III, the Association or the Board may submit the grievance to binding elect arbitration. The Association Such requests shall be made in writing and be made within five (5) school days of the decision received in Stage III. Within five (5) school days of the request for arbitration, the parties shall meet to agree upon an arbitrator. If no arbitrator is mutually acceptable, a request shall be made to the Public Employment Relations Board (“PERB”) for a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with which the Association striking first. The remaining and the Superintendent or his designee shall alternately cross off one name until only one name remains, and such person shall be the Arbitratorarbitrator. Either party shall have the right to reject one panel within five (15) 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 calendar days of receipt thereof by notice to the receipt of the Step C answer, then the grievance shall be deemed withdrawn.
1other party. The arbitrator chosen shall have no power to alter hold a hearing and determine the terms matter in accordance with the rules of this Agreement. His/her authority the PERB and his award shall be strictly limited to deciding only the issue or issues presented to him binding on both parties. The costs of such arbitration shall be borne equally 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's immediately involved supervisor to employee and an Administrator may resolve problems through free and informal communications. When requested by The informal disposition of problems in no way prohibits the Union from filing a teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievancegrievance nor does it establish a precedent. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the AssociationHowever, a grievance may shall be processed as follows:: Informal Conference A complaint shall first be discussed with the object of resolving the matter informally. In the event the matter is resolved informally between the complainant and the immediate supervisor the principal or supervisor shall inform the Union President of the adjustment.
a. A. Step I The teacher or the Association may grievant shall present the grievance in writing writing, signed, dated and specifying the remedy sought, to the immediately involved supervisoradministrator within ten (10) days of the occurrence, who 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 10 teacher work (10) days after the of receipt of to the grievance. The AssociationUnion's representative, the grievant, and the immediately involved supervisor may administrator shall be present for the meeting. The purpose of the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work ten (10) days of the meeting, the grievant and the Association Union shall be provided with the supervisoradministrator's written response, including the reasons for the decision.
b. B. Step II If the grievance is not resolved at Step AI, then the grievant or the Association may Union shall refer the grievance to the superintendent Superintendent or the superintendentSuperintendent's official designee within 10 teacher work ten (10) days after receipt of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the laterI answer. The superintendent Superintendent shall arrange with the Union representative for a meeting to take place within 10 teacher work ten (10) days of the Superintendent's 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 Within ten (10) days of the meeting is to resolve the issue. Within 10 teacher work days of the meeting, the Association and the grievant Union shall be provided with the superintendentSuperintendent's written response, including the reasons for the decision.
c. C. Step III If the grievance is not resolved at Step B then II, the grievant or the Association may Union shall refer the grievance to the School Board of Education or the Board's official designee within 10 teacher work ten (10) days after the receipt of the Step B answer or II answer. Subject to the approval of the Board, the Board shall arrange with the Union representative for a meeting to take place 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 ten (10) days of the meeting, Board's receipt of the Association and appeal. Within ten (10) days of the grievant meeting the Union shall be provided with the Board of EducationBoard's written response, including the reasons for the decision.
d. D. Step IV If the Association Union is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written replyIII, the Association Union may submit the grievance to final and binding arbitration. The Association shall request a panel of seven arbitration with FMCS (7) arbitrators from the Federal Mediation and & Conciliation Service. Each party ), which shall take turns striking one (1) name from act as the list, with administrator of 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 listproceedings. If a demand for arbitration is not filed with the Board within 10 teacher work thirty (30) days of the receipt date of the Step C III answer, then the grievance shall be deemed withdrawn.
1. Neither the Board nor the grievant shall be permitted to assert grounds or evidence before the arbitrator which was not previously disclosed to the other party.
2. The arbitrator shall have no power to alter the terms of this Agreement. 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.
23. Each party shall bear the full cost costs for its representation in the arbitrationgrievance procedure.
4. The cost fees and the expenses of the arbitrator shall be divided shared equally between by the parties.
35. If either only one party requests the presence of a transcript of the proceedingscourt reporter, that party shall bear the full cost of the transcriptreporter. If both parties order request a transcriptcourt reporter, they shall share the cost of the 2 transcripts shall be divided equally between the partiesequally.
6. If a copy only one party requests the postponement of the transcript is furnished to the arbitratoran arbitration hearing, that party shall bear the cost of such shall be divided equally by the partiespostponement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher incumbent upon the ParaEducator and the teacher's immediately involved his/her immediate supervisor to resolve problems through free and informal communications. When requested by a teacherthe ParaEducator, an Association representative may accompany the teacher ParaEducator in order to assist in the informal resolution of the grievance. This informal approach does not extend or waive Nothing contained herein shall be construed as limiting the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, right of any ParaEducator having a grievance may be processed as follows:to discuss the matter informally with his/her immediate supervisor and having the grievance adjusted, provided the resolution agreed to is not inconsistent with the terms of this Agreement.
a. 1. Level One The teacher formal grievance procedure begins when the ParaEducator or the Association may present presents the grievance in writing to the immediately involved supervisorDivision Chair. The grievance statement must specify the nature of the grievance, who will arrange for a meeting section of this Agreement which has been violated, and the remedy sought. Such grievance shall be submitted within twenty (20) days of the occurrence or knowledge of the event giving rise to take place within 10 teacher work days after the 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 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 Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work five (5) days of after receipt of the appeal. Each party shall have the right to include in its representation such witnesses or counselors as it deems necessarygrievance statement. The purpose grievant, Association representative or immediate supervisor may invite the person or persons of his/her choice to meet with the supervisor to help settle the grievance. If the aggrieved does not request representation from the Association, the Association shall be made aware of the meeting is and be allowed to resolve the issue. Within 10 teacher work days of attend the meeting. The supervisor shall 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 grievant shall be provided with Superintendent within three (3) days after the superintendent's written response, including the reasons for the decisionmeeting.
c. 2. Level Two If the grievance is not resolved at Step B then Level One, or if no decision has been rendered within three (3) days after the meeting at Level One, the grievant or the Association may refer appeal to the Principal of the building (or his/her designee) in which the grievance is alleged to have occurred. The appeal must be in writing and must include the original written grievance to the supervisor, a copy of the supervisor's written response, and statement why the response does not resolve the grievance within (5) days. The Principal (or his/her designee) shall thereafter schedule a meeting with the grievant, the Association, the supervisor, and the person or persons chosen by the grievant within five (5) 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 which to appeal in writing to the Superintendent. This appeal shall include copies of all written documents exchanged to the point of the Level Three appeal and a written statement of rationale as to why the Principal's response does not constitute resolution. The Superintendent shall have five (5) school days to schedule a meeting between the grievant and his/her Association representative and the Superintendent (or his/her designee). The Superintendent (or his/her designee) shall have ten (10) school days after the meeting to respond in writing.
4. Level Four Should the grievance still not be resolved at Level Three, the grievant shall have five (5) school days from 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 within 10 teacher work 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 Association representative to hear argument and gather information from appropriate sources. Within ten (10) school days after the receipt of the Step B answer hearing or within 20 teacher work five (5) school days after of the Step B meetingnext scheduled Board meeting following the hearing, whichever is later, the laterBoard (or its designee(s)) shall respond in writing to the grievant and Association.
5. The Board of Education will hear all Level Five In the event the 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 meetingis not resolved, the Association and the grievant shall be provided with the Board of Education's written responsemay, including the reasons for the decision.
d. If the Association is not satisfied with the disposition on behalf of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written replygrievant, the Association may within fifteen (15) school days, submit the grievance to binding arbitration. The arbitration through the American Arbitration Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be deemed withdrawn.
1AAA). The arbitrator shall rule only on the alleged violation and shall have no power to alter the terms and/or conditions 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 Agreement or the application working conditions of the express relevant language of ParaEducators covered by this Agreement.
2. Each party shall bear the full cost for its representation in the arbitration. The cost 50% 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 transcriptarbitration, the except that each party shall bear full cost for any transcripts 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 partiesproceeding it requests.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's immediately involved supervisor (a) First Step An attempt shall be made to resolve problems through free any grievance in informal, verbal discussion between complainant and informal communications. When requested by a teacher, an Association representative may accompany his immediate supervisor.
(b) Second Step If the teacher to assist in the informal resolution of the grievance. This informal approach does grievance cannot extend or waive the 15 day time limit noted above. If, howeverbe resolved informally, the informal process fails to satisfy the aggrieved teacher or the Association, a grievance may be processed as follows:
a. The teacher or the Association may present shall file the grievance in writing writing, and at a mutually agreeable time, discuss the matter with the principal. The grievance should state the facts of the grievance and remedy requested. The filing of the grievance with the building principal at the second step must be within 20 school days from the date of the occurrence of the event giving rise to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work days after the receipt of the grievance. The Association's representative, principal shall communicate his/her decision in writing and set forth the grievant, rationale for such decision to the teacher 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 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 ten (10) school days after receipt of the written grievance.
(c) Third Step A answer or In the event a grievance has not been satisfactorily resolved at the second step, the aggrieved teacher shall file, within 15 teacher work five (5) school days after receipt of the Step A meetingprincipal's written decision at the second step, whichever a copy of such grievance with the Superintendent. Within ten (10) school days after such written grievance is so filed, the lateraggrieved and his/her representative, if any, the principal, and the Superintendent and his/her representative, if any, shall meet to resolve the grievance. The superintendent shall arrange render his/her decision and set forth the rationale for a meeting to take place such decision 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 ten (10) school days of the meetingthird step grievance meeting and communicate it in writing to the teacher, the Association principal, and the grievant shall be provided with the superintendent's written response, including the reasons for the decision.O.E.A.
c. (d) Fourth Step If the 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 disposition of the grievance at Step C the third step or the time limits expire without the issuance of the Board of EducationSuperintendent's written reply, the Association teacher may submit the grievance to final and binding arbitration. The Association arbitration under the "Voluntary labor Arbitration Rules" of the American Arbitration Association, which shall request a panel act as the administrator of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another listproceedings. If a demand for arbitration is not filed within 10 teacher work thirty (30) days of the receipt of date for the Step C third step 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 has not previously been disclosed to the other party.
(2) 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.agreement,
2. (3) Each party shall bear the full cost costs for its representation in the arbitration. The cost of the arbitrator and the AAA shall be divided equally between the partiesBoard and the Association.
3. (4) If either party requests a transcript of the proceedings, that party shall bear the full cost of the costs for that transcript. If both parties order a transcript, the cost of the 2 two (2) transcripts shall be divided equally between the parties. If a copy of Board and the transcript is furnished to the arbitrator, the cost of such shall be divided equally by the partiesAssociation.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher and STEP I An aggrieved paraprofessional shall present the teacher's immediately involved supervisor grievance, orally, to resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution Immediate Administrative Supervisor within ten (10) working days of the grievanceoccurrence or knowledge of the event from which the grievance arises. This informal approach does not extend or waive The aggrieved paraprofessional shall identify to the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, Immediate Administrative Supervisor that a grievance may 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 grievance cannot be processed as follows:
a. The teacher or resolved informally in Step I to the Association may present satisfaction of the aggrieved paraprofessional within ten (10) working days, then the aggrieved paraprofessional may, within ten (10) working days thereafter, submit the grievance in writing to the immediately involved supervisorImmediate Administrative Supervisor. The writing shall set forth the events giving rise to the grievance, who will arrange for a meeting to take place within 10 teacher work days after the receipt provision of the grievance. The Association's representativeAgreement thought to have been violated, the grievantmisinterpreted, or inequitably applied, and the immediately involved supervisor may be present for the meetingdesired remedy. The purpose of the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work days of the meetingImmediate Administrative Supervisor shall reevaluate his/her decision in Step I, the grievant and the Association shall be provided with the supervisor's written responsesubmit an answer in writing, 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 ten (10) days after receipt of the written grievance. A copy of the written grievance and response shall be submitted by the Immediate Administrative Supervisor to the Superintendent.
STEP III If the aggrieved paraprofessional is not satisfied with the answer received, or if an answer is not received in Step A II, the grievance in 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 ten (10) working days of the receipt of the written grievance, arrange a meeting with the aggrieved paraprofessional. The Superintendent shall give the aggrieved paraprofessional a written answer or to the grievance within 15 teacher work 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 A meetingIII, whichever or if no answer is received, the later. The superintendent shall arrange aggrieved paraprofessional may within ten (10) working days following the expiration of the time provided in Step III, submit a written request to the Superintendent for a meeting to take place within 10 teacher work days of receipt hearing 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 response, including the reasons for the decision.
c. If the grievance is not resolved at Step B then the grievant or the Association may refer the grievance to by the Board of Education within 10 teacher work days after at its next scheduled conference meeting following the receipt of the Step B answer or within 20 teacher work request or, in any event, not later than fifteen (15) working days after following the Step B meeting, whichever is receipt of the laterrequest 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 will hear all grievance appeals at shall, within ten (10) working days following the next regularly scheduled Board of Education meeting. Each party shall have hearing, submit an answer to 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 decisionaggrieved paraprofessional.
d. a. If the Association aggrieved paraprofessional is not satisfied with the disposition of the his/her grievance at Step C IV, or if no decision has been rendered within the time limits expire without period specified in Step IV, the issuance of aggrieved paraprofessional may, within ten (10) working days after a decision by the Board of Education's written replyEducation 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 binding 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. The Association shall request a panel , notify the Board of seven Education of such decision.
b. Within ten (710) arbitrators from working days after such written notice of submission to arbitration, the Federal Mediation Board 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 listattempt 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 demand commitment within the specified period, a request for arbitration is not filed within 10 teacher work days 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 receipt Board and the Association and hold hearings promptly and shall issue his/her decision not later than twenty (20) days from the date of the Step C answerclose of the hearings, or, if oral hearings have been waived, then from the grievance date of the final statements and proofs on the issues are submitted to him/her. The arbitrator's decision shall be deemed withdrawn.
1in writing and shall set forth his/her findings of fact, reasoning and conclusion on the issues submitted. The arbitrator shall have no be without power or authority to alter 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. His/her authority The decision of the arbitrator shall be strictly limited submitted to deciding only the issue or issues presented to him 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, and his/her decision . Any other expenses incurred 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 paid by the partiesparty incurring same.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher and Step 1 - Oral Grievances
1. To the teacher's immediately involved supervisor to resolve problems through free and informal communications. When requested by a Superintendent
a. At the option of the tenured teacher, an oral grievance concerning placement on the seniority list, layoff, recall, or compensation may be filed directly with the Superintendent. 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. N: 89, 10
b. The Superintendent may remand the grievance to the Building level if he/she deems it appropriate. N: 86
2. To the Building Principal(s) or Director
a. Any teacher shall present an oral grievance to his/her Building Principal or Director within ten (10) school days after the occurrence unless the grieved matter occurs within the last nine days of school, in which case, the must be filed on or before June 30 of the current year. The oral grievance shall be considered with or without the intervention of the Association. Any adjustment shall be consistent with the terms of this agreement. The Association representative may accompany shall be given the teacher opportunity to assist be present at this adjustment. R:75, 80, 86, 10 Step 2 – Written Grievances
1. To the Superintendent
a. If the oral grievance to the Superintendent in Article XII, C, 1, a. above is not resolved at the informal resolution oral level, the grievance must be submitted in writing on the Grievance Report Form (Appendix E-1) to the Superintendent within five (5) school days of the initial oral grievance meeting. The form shall be signed by the grievant and the Association Representative or officer. The grievance process will proceed at Step 6 below. If the grievance is not filed in writing within those five (5) days, it shall be considered waived. N: 86, R: 10
2. To the Building Principal(s) or Director
a. If the oral grievance is not resolved at the oral level, the grievance must be 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. This informal approach does not extend or waive The Grievance Report Form shall be signed by the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. The teacher or grievant and the Association may present Representative or officer. If the grievance is not filed in writing writing, within those five (5) school days, it shall be considered waived. If the grievance involves more than one school building, it will be filed with the Principal(s). R: 86, 06, 10 Step 3 – Meeting to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work Resolve Written Grievance Within five (5) school days after the receipt of the written grievance. The Association's representative, the grievant, administrator shall meet with the teacher and the immediately involved supervisor may be present for the meeting. The purpose of the meeting is Association Representative or officer in an effort to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work days of the meeting, the grievant and the Association shall be provided with the supervisor's written response, including the reasons for the decision.
b. If the grievance is not resolved at in 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 Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the 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 response, including the reasons for the decision.
c. If the 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 disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be 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.R: 10
Appears in 1 contract
Sources: Master Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's immediately involved supervisor An attempt shall first be made to resolve problems through free any grievance in informal discussion between the complainant and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend his/her building principal (or waive the 15 day time limit noted aboveSuperintendent if filed directly at Step II). If, however, the informal process fails to satisfy the teacher or the Associationeither party, a formal grievance may be processed as follows:
a. The teacher or the Association may present STEP I BUILDING PRINCIPAL If the grievance cannot be resolved informally, a grievance shall be filed in writing with the principal within twenty-five (25) days from the date of the occurrence of the event giving rise to the grievance. The written grievance shall state the nature of the grievance, the specific clause or clauses of the Agreement allegedly violated, misinterpreted or misapplied, and the remedy requested. Within five (5) days of receipt of the grievance, the principal shall schedule a meeting to discuss the matter with the grievant, or representative if the grievant is represented. The principal shall make a decision and communicate it in writing to the immediately involved supervisorgrievant(s), who will arrange for a meeting to take place the Association, and the Superintendent within 10 teacher work ten (10) days after the 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 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 STEP II SUPERINTENDENT In the event a grievance is has not been satisfactorily resolved at Step AI, then the grievant or the Association an appeal may refer the grievance be filed, in writing, to the superintendent or Superintendent within five (5) days of delivery of the superintendent's official designee principal’s written decision. The Superintendent shall, within 10 teacher work ten (10) days after receipt of the Step A answer written appeal, schedule a meeting with the grievant, or within 15 teacher work days after representative if the Step A meeting, whichever grievant is the laterrepresented. The superintendent Superintendent shall arrange for make a meeting decision and communicate it in writing to take place the grievant, the principal (if applicable) and the Association 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 ten (10) days of the meeting, . Class grievances involving one or more Unit Members from different school buildings or any grievance involving the Association and act of an Administrator above the grievant building level shall be provided with initially filed at Step II of the superintendent's written response, including the reasons for the decisiongrievance process.
c. STEP III BOARD OF EDUCATION If the grievance is has not been satisfactorily resolved at Step B then II, an appeal may be filed in writing to the grievant Board President within five (5) days of delivery of the Superintendent’s written decision. The grievant, independently, or the Association may refer the grievance shall present a written brief to the Board and may file a written request for an oral hearing on the grievance that will be granted at the discretion of Education the Board President. Such brief and/or request for oral hearing is to be filed within 10 teacher work fourteen (14) days after the appeal of the grievance has been submitted to the Board President. If the oral hearing is granted, the hearing will be conducted by the full Board or by a subcommittee of the Board, as the Board President may designate. Such hearing shall be held on or before the next regularly-scheduled Board meeting. If, however, the request for oral hearing is submitted to the Board President less than five (5) days prior to the next regularly-scheduled Board meeting, any hearing that is granted shall take place on or before the second-next regularly-scheduled Board meeting following the Board President’s receipt of the Step B answer or within 20 teacher work days after the Step B meeting, whichever is the laterhearing request. The Board of Education will hear all shall make a decision on the grievance appeals at and communicate it in writing to the grievant, the Association, the Superintendent and the principal, on the next regularly business day following the next regularly-scheduled Board meeting following the meeting at which the hearing was held or the subcommittee’s recommendation is delivered to the Board.
STEP IV ARBITRATION If the grievance has not been satisfactorily resolved at Step III, it may be submitted to final and binding arbitration through the American Arbitration Association (AAA), which shall act as the administrator of Education meetingsuch further proceedings and whose arbitration rules shall govern. Each party The grievant shall have the right to include in its representation such witnesses or counselors as it deems necessary. Within 10 teacher work days provide contemporaneous notice of the meeting, demand for arbitration to the Association and the grievant shall be provided with the Board of Education's written response, including the reasons for the decision.
d. If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another listSuperintendent. If a demand for arbitration is not filed within 10 teacher work twenty (20) days of the receipt delivery to grievant of the Step C answerBoard’s decision, then the grievance shall be deemed withdrawn.
1. At arbitration, neither party to the grievance will be permitted to assert grounds not previously raised in the proceedings below. In no case will the arbitrator selected be a resident of School District 304. Expenses for the arbitrator’s services and the expenses that are common to both parties to the arbitration shall be borne equally by the Board and the Association. Each party to an arbitration proceeding shall be responsible for compensating its own representatives and witnesses. The arbitrator shall have no power not amend, modify, nullify, ignore, or add to alter the terms provisions of this the Agreement. His/her The arbitrator’s authority shall be strictly limited to deciding only the issue or issues presented to him the arbitrator in writing by the Board and the Association, Association and his/her the decision shall rendered must be based only solely upon the arbitrator’s interpretation of the meaning or the application of the express relevant language of this the 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher 1. Any grievance arising between the Employer and the teacher's immediately involved supervisor to resolve problems through free and informal communications. When requested Union or any employee(s) represented by a teacher, an Association representative may accompany the teacher to assist Union shall be settled in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as followsfollowing manner:
a. The teacher or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work days after the receipt of the grievanceSTEP 1. The Association's representative, the grievant, and the immediately involved supervisor may be aggrieved employee or employees must present for the meeting. The purpose of the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work days of the meeting, the grievant and the Association shall be provided with the 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 first line supervisor through the shop ▇▇▇▇▇▇▇ within five (5) working days after knowledge of the grievance or the superintendent's official designee reason for the grievance has occurred. If a satisfactory settlement is not reached with the first line supervisor within 10 teacher work days after receipt 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 Step employer with authority to act upon such grievance. A answer or decision must be made within 15 teacher work days after five (5) working days.
STEP 3. If no satisfactory settlement can be agreed upon, the Step A meetingmatter 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, whichever is they shall reply with their preferred selection within the latertime limits set forth by the New Jersey Mediation Service. The superintendent Arbitrator shall arrange for a meeting not have the authority to take place within 10 teacher work days of receipt amend or modify this Agreement or establish new terms or conditions under this Agreement. A mutual settlement of the appealgrievance pursuant to the procedures set forth herein and/or a decision of the Arbitrator will be final and binding on all parties and the employees involved. Each party The expense of the Arbitrator selected or appointed shall be borne equally by the Employer and the Union. The Local Union, or its authorized representative, shall have the right to include examine the time sheets and other records pertaining to the computation of compensation of any individuals whose pay is in its representation such witnesses dispute or counselors as it deems necessaryrecords pertaining to a specific grievance. The purpose procedures set forth herein may be invoked only by an authorized representative of the meeting is Employer or the Union. An appeal to resolve the issue. Within 10 teacher work days of the meeting, the Association and the grievant arbitration shall be provided with the superintendent's written response, including the reasons for the decision.
c. If the grievance is not resolved at Step B then the grievant or the Association may refer the grievance to the Board of Education within 10 teacher work instituted in writing twenty (20) calendar days after from the receipt of the a decision at Step B answer or 2, then within 20 teacher work twenty-five (25) calendar days after the Step B meeting, whichever is the later. The Board of Education will hear all grievance appeals at the next regularly scheduled Board of Education meeting. Each party shall have the right to include in its representation such witnesses or counselors as it deems necessary. Within 10 teacher work days of the meeting, the Association and the grievant shall be provided with the Board of Education's written response, including the reasons for the decision.
d. If the Association is not satisfied with the disposition of from presenting the grievance at Step C or the time limits expire without the issuance 2. Failure at any step of the Board of Education's written reply, the Association may submit the this procedure to appeal a grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed next step within 10 teacher work days of the receipt of the Step C answer, then the grievance this specified time limit shall be deemed withdrawn.
1to be an abandonment of such grievance and the decision rendered therein shall stand for the particular grievance. The arbitrator It is understood that employees shall, during and notwithstanding the pendency of any grievance, continue to observe all assignments, instructions, and applicable rules and regulations of the Township of Readington, or its designee, until such grievance and any effect thereof shall have no power to alter the terms been fully determined. Failure at any step of this Agreementprocedure to communicate the decision of the grievance within the specified time limits shall permit the aggrieved to proceed to the next step. His/her authority shall be strictly limited However, a failure to deciding only the issue or issues presented to him by the Board and the Association, and his/her render a decision shall not 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 considered as an acquiescence to the arbitrator, the cost of such shall be divided equally by the partiesgrievance.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The
1. After consultation with the Association President or Grievance Chair, the parties hereto acknowledge that it is usually most desirable for a teacher an employee, Union representative and the teacher's immediately his/her immediate involved supervisor to resolve problems the problem through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the AssociationEmployee, a grievance may proceed through the formal grievance steps set forth below.
2. Every employee covered by this Agreement shall have the right to present grievances in accordance with these procedures, with or without representations by the Association, provided that a Union designated representative is afforded the opportunity to be processed present at any grievance meeting, and that any settlement made is consistent with the terms of this Agreement. The employee may be present at any grievance discussion, except during closed session.
3. Only the Association, and not an employee, may appeal the grievance beyond Step II.
4. It is agreed that any investigation or other handling or processing of any grievance by the Grievant or Association representative shall be conducted so as follows:
a. to result in no interference with or interruption whatsoever of work activities of the employees. STEP 1 The teacher or the Association may Grievant shall present the grievance in writing to the immediately immediate involved supervisorSupervisor or Building Principal, who will arrange for a meeting to take place within 10 teacher work ten (10) days after the receipt of the grievance. The Association's representativewritten grievance shall identify the Grievant, summarize relevant facts, identify all provisions of the grievantAgreement allegedly violated, and list specific actions requested to remedy 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 sogrievance. Within 5 teacher work ten (10) days of the meeting, the grievant Grievant and the Association shall be provided with the supervisor's Supervisor’s written response, including the reasons for the decision.
b. response. STEP II If the grievance is not resolved at in Step AI, then the grievant or the Association Grievant may refer appeal the grievance in writing to the superintendent Superintendent or the superintendent's official his/her designee within 10 teacher work ten (10) days after receipt of the Step A I answer or within 15 teacher work ten (10) days after of the Step A meeting, whichever is date the laterresponse was due. The superintendent Superintendent or his/her designee shall arrange with the Grievant or Association Representative for a meeting to take place within 10 teacher work ten (10) days of the Superintendent’s or his/her designee’s 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 ten (10) days of after the meeting, the Association Grievant and the grievant Association shall be provided with the superintendent's Superintendent’s or his/her designee’s written response, including the reasons for the decision.
c. response. STEP III If the grievance is not resolved at remains unresolved in Step B then the grievant or II, the Association may refer appeal the grievance in writing to the Secretary of the Board of Education within 10 teacher work ten (10) days after the receipt of the Step B II answer or within 20 teacher work 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 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 ’s written response, including the reasons for the decision.
d. response. STEP IV If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written replyIII, then the Association may submit the grievance within thirty (30) days to binding arbitration. The Association shall request a panel of seven (7) arbitrators from arbitration under 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 Voluntary Labor Arbitration Rules of the receipt of the Step C answer, then the grievance shall be deemed withdrawn.American Arbitration Association.
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. i. Each party shall bear the full cost costs for its representation in the arbitration. The cost costs of the arbitrator arbitrator, the AAA, and a court reporter, if present, shall be divided equally between the parties.parties.
3ii. If either party requests a transcript of the proceedings, that party shall bear the full cost of costs for the transcript. If both parties order a transcript, the cost of the 2 two (2) transcripts shall be divided equally between the parties. If the arbitrator requests a copy of the transcript is furnished to the arbitratortranscript, the cost of such costs shall be divided equally between the parties.
iii. Neither the Board nor the Association shall be permitted to assert any grounds or evidence before the arbitrator which had not previously been disclosed to the other party during the previous steps.
iv. The arbitrator shall have no power to nullify, alter, amend, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the questions of fact as to whether there has been a violation, misinterpretation, or misapplication of the specific provisions of this Agreement. The arbitrator shall be empowered to determine the issue raised by the grievance as submitted in writing at Step I, unless otherwise mutually agreed by the parties.. The arbitrator shall have no authority to make any decision on any other issue not submitted. The arbitrator shall be without power to make decisions contrary to, inconsistent with, or modifying applicable federal laws, applicable state laws (not otherwise superseded by a lawful provision of this Agreement pursuant to Section 17 of the Illinois Educational Labor Relations Act), or of rules and regulations of administrative bodies that have the force and effect of applicable law. The arbitrator shall not in any way limit or interfere with the powers, duties, and responsibilities of the District under law and applicable court decisions. Any decision or award of the arbitrator rendered within the limitations of this Section shall be final and binding upon the parties.
Appears in 1 contract
Sources: Professional Services
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher Teacher and the teacher's immediately involved supervisor to an Administrator may resolve problems through free and informal communications. When requested by The informal disposition of problems in no way prohibits the Association from filing a teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievancegrievance nor does it establish a precedent. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the AssociationHowever, a grievance may shall be processed as follows:
a. 3.2.1 STEP I - The teacher or the Association may grievant shall present the grievance in writing writing, signed, dated and specifying the remedy sought, to the immediately involved supervisoradministrator within ten (10) days of the incident or within 45 calendar days, who stating the Article and Section of the Agreement alleged to have been violated. The administrator will arrange for a meeting to take place within 10 teacher work ten (10) days after the of receipt of the grievance. The Association's ’s representative, the grievant, and the immediately involved supervisor may administrator shall be present for the meeting. The purpose of the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work ten (10) days of the meeting, the grievant and the Association shall be provided with the supervisor's administrator’s written response, including the reasons for the decision.
b. 3.2.2 STEP II - If the grievance is not resolved at Step ASTEP I, then the grievant or the Association may shall refer the grievance to the superintendent or the superintendent's Superintendent’s official designee within 10 teacher work ten (10) days after receipt of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the laterSTEP I answer. The superintendent Superintendent shall arrange with the Association representative for a meeting to take place within 10 teacher work (10) days of the Superintendent’s 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 ten (10) days of the meeting, the Association and the grievant shall be provided with the superintendent's Superintendent’s receipt of the appeal. Within ten (10) days of the meeting, the Association shall be provided with the Superintendent’s written response, including the reasons for the decision.
c. If the 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. 3.2.3 STEP III - If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written replySTEP II, the Association may submit the grievance to final and binding arbitration. The American Arbitration Association shall request a panel act as the administrator of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from proceedings using 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 listVoluntary Labor Arbitration Rules. If a demand for arbitration is not filed with the Board within 10 teacher work thirty (30) days of the Association’s receipt of the Step C II answer, then the grievance shall be deemed withdrawn.
1. 3.2.3.1 Neither the Board nor the grievant shall be permitted to assert any grounds of evidence before the arbitrator, which was not previously disclosed to the party.
3.2.3.2 The arbitrator shall have no power to alter the terms of this Agreement. 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. 3.2.3.3 Each party shall bear the full cost for its representation in the arbitration. grievance procedure.
3.2.3.4 The cost fees and the expenses of the arbitrator shall be divided shared equally between by the parties.
3. 3.2.3.5 If either only one party requests the presence of a transcript of the proceedingscourt reporter, that party shall bear the full cost of the transcriptreporter. If both parties order request a transcriptcourt reporter, they shall share the cost costs.
3.2.3.6 If only one party requests the postponement of the 2 transcripts an arbitration hearing, that party shall be divided equally between the parties. If a copy of the transcript is furnished to the arbitrator, bear the cost of such shall be divided equally by the partiespostponement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher 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 teacher's immediately involved supervisor place where the alleged events or conditions giving rise to resolve problems through free the grievance took place, and informal communicationsa 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. When requested 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 considered dismissed. Any Bargaining Unit Employee who believes that he/she have a teacherclaim arising under the terms of this Labor Agreement with regard to the interpretation or application of this Labor Agreement including disciplinary actions, an Association representative may accompany shall reduce said grievance to writing as provided herein and submit the teacher same within five (5) days of the said occurrence or within five (5) days of the date the Employee gains knowledge of the occurrence of said grievance to assist the Fire Chief or his/her designee. The Fire Chief or his/her designee shall schedule a meeting with the Employee and his/her Union Representative within five (5) days from the date the Fire Chief or his/her designee is informed in the informal resolution writing of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. The teacher or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work days after the receipt of the grievance. The Association's representative, the grievant, and 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 5 teacher work days of the Following this meeting, the grievant and the Association Fire Chief or his/her designee shall be provided with the supervisor's written response, including the reasons for the decision.
b. have five (5) days to answer said grievance in writing. If the grievance is not satisfactorily resolved at within 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 Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the 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 response, including the reasons for the decision.
c. If the 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 disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one One (1) name from the list), with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be deemed withdrawn.
1. The arbitrator shall have no power proceed 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.Step Two
Appears in 1 contract
Sources: Labor Agreement
Procedures. The parties hereto acknowledge that shall attempt to adjust all grievances on an informal basis between the employee and/or his/her designated representative and a supervisor in the employee's chain of command, up to and including the Fire Chief.
24.3.1 If the parties are unable to adjust the grievance on an informal basis, the grievant shall file the grievance in writing with his/her immediate supervisor (Captain). The Fire Chief shall be served with a copy of the written grievance at the time such grievance is filed with the grievant's immediate supervisor.
24.3.2 If the grievance has not been settled within seven (7) working days of its filing with the grievant's immediate supervisor, it is usually most desirable shall then be submitted to the Fire Chief for a teacher adjustment, if requested by either party, the Fire Chief and the teacher's immediately involved supervisor grievant and his/her representative shall meet in an attempt to resolve problems through free the grievance within seven (7) days of the filing of the grievance with the Fire Chief, the Fire Chief shall provide the grievant and informal communicationshis/her representative with a written statement regarding the grievance. When requested Any such appeal shall be considered by a teacher, an Association representative may accompany the teacher to assist in Board of Directors within 60 days of the informal filing of the appeal.
24.3.3 If the grievant does not agree with the Fire Chief's proposed resolution of the grievance. This informal approach does not extend or waive , he/she shall submit the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, a written grievance may be processed as follows:
a. The teacher or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange Board of Directors for a meeting adjustment and/or decision. In order to take place within 10 teacher work days after the receipt of the grievance. The Association's representativebe 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 immediately involved supervisor may grievant to the Board of Directors shall be present for served upon the meetingFire Chief at the time the grievance is appealed to the Board of Directors. The purpose of the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work days of the meeting, Both the grievant and his/her representative and the Association Fire Chief 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 given an opportunity to the superintendent or the superintendent's official designee within 10 teacher work days after receipt of the Step A answer or within 15 teacher work days after the Step A meeting, 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 response, including the reasons for the decision.
c. If the grievance is not resolved at Step B then the grievant or the Association may refer argue their position on the grievance to the Board of Education within 10 teacher work days after Directors prior to its determination upon the receipt merits of the Step B answer or within 20 teacher work days after the Step B meeting, whichever is the latergrievance. The Board grievant and representative and the Fire Chief shall be notified in writing of Education will hear all the Board's decision on the 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 within 60 days of the meetingclose of argument, the Association and the grievant shall be provided with the Board of Education's written responseif argument is requested, including the reasons for the decision.
d. If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work 60 days of the receipt of the Step C answer, then the grievance shall be deemed withdrawnappeal if no argument is requested.
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 1 contract
Sources: Memorandum of Understanding
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's immediately involved supervisor 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 a teacherthe employee, an Association representative may accompany the teacher employee to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted aboveproblem. If, however, the informal process fails to satisfy the teacher employee or the Association, a grievance may be processed as follows:
a. Step I. The teacher employee or the Association may 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 have become aware of the immediately involved supervisoroccurrence of the event. The grievance shall contain a statement of facts, who circumstance, and a suggested remedy. The Principal will arrange for a meeting to take place meet with the grievant within 10 teacher work ten (10) days after the 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, grievant and the immediately involved supervisor may Superintendent shall be present for at the meeting. The purpose of the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work ten (10) days of the meeting, the grievant and the Association shall will be provided with the supervisorSuperintendent's written response, response including the reasons reason for the decision.
b. . Step Ill. If the grievance is not resolved at Step AII, then the grievant grievance or the Association may refer the grievance to the superintendent or the superintendent's official designee Board of Education within 10 teacher work ten (10) days after receipt of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the laterII answer. The superintendent shall Board will arrange with the Association representative and the grievant for a meeting to take place within 10 teacher work ten (10) days of receipt of the appealunresolved grievance. Each party shall have the right to include in its representation such witnesses or and counselors as it deems necessary. The purpose of the meeting is to resolve the issue. Within 10 teacher work ten (10) days of the meeting, the Association and the grievant shall grievances will be provided with the superintendentBoard's written response, including the reasons reason for the decision.
c. If the 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 disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge adjustment of grievances will be accomplished as rapidly as possible. In order to insure rapid resolution of grievances, the number of days within which each step is prescribed to be accomplished shall be considered as maximum and every effort shall be made to expedite the process. Failure by the district and/or respondent to comply with the time limits shall cause the grievance to be waived. Failure by the district to comply with the time limits shall be construed as a denial of the grievance at that it is usually most desirable for a teacher level. Under unusual circumstances, the time limits prescribed in this section may be extended by mutual consent of the grievant and the teacher's immediately involved District and/or respondent.
LEVEL 1 The grievant shall first discuss the grievance with the employee’s immediate supervisor in private conferences within twenty (20) days of the occurrence of the event upon which the grievant became aware or reasonably should have become aware of the events upon which the grievance is based, whichever shall be later. Every effort shall be made to resolve problems through free and adjust the grievance in an informal communicationsmanner. When requested If the grievant is dissatisfied with the outcome of the initial private conference, the grievant must request, in writing, a formal conference with the immediate supervisor, at which time the grievant may be accompanied by a teacher, representative from the grievance committee. Every effort should be made to develop an Association representative may accompany understanding of the teacher facts and issues in order to assist in create a climate which will lead to a solution. The formal conference shall occur within five (5) days of the written request or the informal resolution of conference. In the grievance. This informal approach does event that the grievance is not extend or waive the 15 day time limit noted above. If, howeverresolved at ▇▇▇▇▇ ▇, the informal process fails to satisfy grievant may within ten (10) days appeal the teacher or the Association, a grievance may be processed as follows:
a. The teacher or the Association may present the grievance matter in writing to the immediately involved supervisorSuperintendent of the District or another administrator from either the Coulee-▇▇▇▇▇▇▇▇ or Almira District when the grievant’s immediate supervisor is also the Superintendent. The Superintendent, who will arrange for the Superintendent’s designated representative, or other named administrator shall confer with the grievant in an effort to meet a satisfactory solution within a reasonable time limit. If the grievance has not been resolved within ten (10) days after the grievance was discussed with the Superintendent or the Superintendent’s designee pursuant to ▇▇▇▇▇ ▇ above, then the grievant may request a meeting with the Board of Directors for the purpose of presenting the grievance to take place 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 10 teacher work fifteen (15) days after the receipt of the grievance. The Association's representativewritten request, 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 5 teacher work days of the meeting, confer with the grievant and within five (5) days, render a decision to be submitted to the Association shall be provided with grievant in writing. In the supervisor's written response, including the reasons for the decision.
b. If event that 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 Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the 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 response, including the reasons for the decision.
c. If the 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 settled by the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answerBoard, 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.within five
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher an employee and the teacher's his/her immediately involved supervisor to resolve problems through free and informal communicationscommunications held outside the employee's work day. When requested by the employee, a teacher, an Association Union representative may accompany the teacher employee to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher employee or the AssociationUnion, a grievance may be processed within 30 days of the incident giving rise to the grievance as follows:
a. A. The teacher or the Association grievant may present the grievance in writing listing the desired resolution to the grievance to the immediately involved supervisor, supervisor who will arrange for a meeting to take place within 10 teacher work six (6) days after of the receipt of the grievance. The Association's Union’s representative, the grievant, and the immediately involved supervisor may shall be present for at the meeting. The purpose of the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work six (6) days of following the meeting, the grievant and the Association Union shall be provided with the supervisor's written response, response including the reasons reason(s) for the decisiondecision or the grievant may proceed to the next step.
b. B. If the grievance is not resolved at Step step "A", then the grievant or the Association may refer the written grievance listing the desired resolution of the grievance to the superintendent building principal or the superintendent's his official designee within 10 teacher work six (6) days after receipt of the Step A answer step "A" answer, or within 15 teacher work six (6) days after the Step A meeting, whichever answer should have been received; the grievance shall be deemed withdrawn where it is not submitted to the laterbuilding principal within said six (6)- day period. The superintendent principal shall arrange with the grievant and the Union representative for a meeting to take place within 10 teacher work six (6) days of the principal's receipt of the appealgrievance. Each party shall have the right to include in its representation such witnesses or and counselors as it deems necessary. The purpose of the meeting is to resolve the issue. Within 10 teacher work six (6) days of the meeting, the Association grievant and the grievant Union shall be provided with the superintendentprincipal's written response, including the reasons reason(s) for the decision, or the grievant may proceed to the next step.
c. C. If the grievance is not resolved at Step B step "B", then the grievant or the Association may refer the written grievance listing the desired resolution of the grievance, to the Board Assistant Superintendent of Education Human Resources or his/her official designee within 10 teacher work six (6) days after receipt of the step "B" answer, or within six (6) days after the answer should have been received; the grievance shall be deemed withdrawn if it is not submitted to the Assistant Superintendent of Human Resources within said six (6) day period. The Assistant Superintendent of Human Resources shall arrange with the grievant and the Union representative for a meeting to take place within six (6) days of the Assistant Superintendent of Human Resources’ 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 meetinggrievance. Each party shall have the right to include in its representation such witnesses or and counselors as it deems necessary. Within 10 teacher work six (6) days of the meeting, the Association grievant and the grievant Union shall be provided with the Board Assistant Superintendent of Education's Human Resources’ written response, including the reasons reason(s) for the decisiondecision or the grievant may proceed to the next step.
d. D. If the Association union or grievant is not satisfied with the disposition of the grievance at Step C or step "C", the time limits expire without grievance may be submitted to final and binding arbitration under the issuance Voluntary Labor Arbitration Rules of the Board American Arbitration Association, which shall act as the administrator of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another listproceedings. If a demand for arbitration is not filed within 10 teacher work thirty (30) days of the receipt of the Step C step "C" answer, then or within 30 days after the answer should have been received, the grievance 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 other party.
2. 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.Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for Grievances shall be processes as rapidly as possible. All grievance hearings shall be held in closed or executive session. A grievant may initiate the procedure by filing a teacher and written statement of grievance, citing the teacher's immediately involved supervisor relevant provisions of the Agreement, with the person at the lowest administrative level with authority to resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution of decide the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, a A grievance may must be processed as follows:
a. The teacher or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place submitted within 10 teacher work days after the 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 5 teacher work 30 working days of the meeting, date the grievant and became aware of the Association shall violation. A meeting will be provided with the supervisor's written response, including the reasons for the decision.
b. If held at a mutually acceptable time to discuss 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 Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the 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 response, including the reasons for the decision.
c. If the 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 disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven five (75) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then written statement. The immediate supervisor shall respond in writing with reasons for his/her decision within five (5) days of the meeting. If the grievance is unresolved, the grievance may be appealed to Level Two. The written grievance may be advanced to Level Two by certified mail or by email, to the District Superintendent within 15 working days of the receipt of response of the Level One. The Superintendent shall conduct a hearing within ten (10) 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 made, as well as listening to the presentation of the grievant. 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 may be advanced to Level Three by certified mail or by email to the District requesting arbitration within 15 working days of the receipt of the response of the Level Two. 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 the list of arbitrators supplied by the American Arbitration Association (AAA). He/she shall be deemed withdrawn.
1selected using the procedures of the AAA. 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 render his/her written decision within thirty (30) days. Should the arbitrator be unable to meet the thirty (30) day time frame, the parties shall be based only upon interpretation of consider extending 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 arbitrationtime allowed. The cost of the arbitrator shall be divided equally between the partiesAlaska Uniform Arbitration Act (Chapter 43, Title 9, Alaska Statutes) is incorporated into this article by reference.
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 1 contract
Sources: Negotiated Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's immediately involved supervisor to resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. Step 1 - The teacher or the Association may present the grievance in writing to the immediately involved supervisor, supervisor who will arrange for a meeting to take place within 10 teacher work five (5) days after the receipt of the grievance. The Association's representative, if any, the grievant, aggrieved teacher and the immediately involved supervisor may shall be present for the meeting. The purpose of supervisor shall provide to the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 aggrieved teacher work days of the meeting, the grievant and the Association a written answer to the grievance within ten (10) days after the meeting. The answer shall be provided with the supervisor's written response, including include the reasons for the decision.
b. Step 2 - If the grievance is not resolved at Step A1, then the 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 answer or within ten (10) days after the Step 1 meeting, whichever is later. The Superintendent or designee shall arrange for a meeting with the grievant, the designated members of the Grievance 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. 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 (5) 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 may shall refer the grievance to the superintendent or the superintendent's official designee Board within 10 teacher work fifteen (15) days after receipt of the decision at Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later2. The superintendent Board shall arrange for a meeting to take place with the grievant and the representative of the Association, if any; it should be within 10 teacher work seven (7) days of receipt of the appeal. Each party shall have the right to include in its representation call such witnesses or counselors as it deems necessary. The purpose of the meeting is necessary 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 response, including the reasons for the decision.
c. If develop facts pertinent to the 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 and the right to include representation as provided in its representation such witnesses or counselors as it deems necessarySection 10. Within 10 teacher work days Upon conclusion of the meetinghearing, the Association 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 grievant shall be provided with the Board of Education's written response, including the reasons for the decisionAssociation.
d. Step 4 - If the Association is not satisfied with the disposition of the grievance at Step C 3, or the time limits expire without the issuance of the Board of EducationPresident's written reply, the Association may submit the grievance to final and binding arbitration. The Association shall request a panel arbitration under the Voluntary Labor Arbitration Rules of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be deemed withdrawn.the
1. The arbitrator shall have no power to alter the terms of this Agreement.
2. His/her authority shall The arbitrator is empowered to include in any award such financial reimbursements or other remedies he judges to be strictly limited to deciding only the issue or issues presented to him proper, if provided for 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 terms of this Agreement, plus interest, if any.
23. Each party shall bear the full cost costs for its representation in the arbitration. The cost of the arbitrator arbitration and the AAA shall be divided equally between the parties.
34. If either party requests a transcript of the proceedings, that party shall bear the full cost of the costs for that transcript. If both parties order or the arbitrator requires 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 1 contract
Sources: Professional Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's immediately involved ’s immediate supervisor to resolve problems through informal and free and informal communications. When requested by Therefore, before a teachergrievance is filed, an Association representative may accompany the teacher to assist in claimant shall discuss the informal resolution of claim with the grievance. This informal approach does not extend or waive the 15 day time limit noted abovemost immediate supervisor. If, however, the informal process fails to satisfy the teacher or the Associationteacher, a grievance may be processed as follows:
a. in the following manner, and the grievant may be accompanied by a representative of choice: The teacher or the Association may present shall file the grievance in writing to with the immediately involved immediate supervisor, who will arrange for a meeting to take place within 10 teacher work days after shall certify by signature the receipt date the grievance was received. This certification shall be witnessed by the grievant. 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 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 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 Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place with the grievant within 10 teacher work five (5) 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 with five (5) days of the meeting. In the event the grievance has not been satisfactorily resolved at Step One, the grievant shall file a copy of the grievance with the Grievance Committee of the Association within ten (10) days of receipt of the appealStep One written decision. Each party shall have If the right to include in its representation such witnesses or counselors as it deems necessary. The purpose of Grievance Committee feels that the meeting is to resolve the issue. Within 10 teacher work days of the meetinggrievance has merit, the Association and the grievant shall be provided file, within twenty (20) days of receipt of the Step One written decision, a copy of the grievance with the superintendent's Superintendent. Within ten (10) days after receipt of the written responseappeal, the Superintendent shall respond in writing to the grievant and the Association Grievance Committee giving a decision, including reasons if the reasons for the decision.
c. appeal is denied. If the grievance is not satisfactorily resolved at Step B then the grievant or the Association may refer Two, 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 disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance proceed to binding arbitration. The Association shall may submit to the Superintendent a written request a panel on behalf of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be and the Arbitrator. Either party shall have the right grievant 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 listenter into binding arbitration. If a demand for binding arbitration is not filed within 10 teacher work thirty (30) days of the receipt of the Step C answerTwo decision, then the grievance shall be deemed withdrawn.
1. Arbitration proceedings shall be conducted by an arbitrator to be selected by the two parties through mutual selection or from a roster of arbitrators provided by the American Arbitration Association. Within seven (7) days after the Association requests binding arbitration, the two parties will request the American Arbitration Association provide a panel of seven (7) arbitrators. Each of the two parties will alternately strike one name at a time from the panel until only one name shall remain. The remaining name shall be the arbitrator. Expenses for the arbitrator’s services shall be borne equally by the District and the Association. The decision of the arbitrator shall have no power be final and binding on the parties. The arbitrator, in his or her opinion, shall not amend, modify, nullify, ignore or add to alter the terms provisions of this the Agreement. His/her The arbitrator’s authority shall be strictly limited to deciding only the issue or issues presented to him or her in writing by the Board District and the Association, Association and his/his or her decision shall must be based solely and only upon his or her interpretation of the meaning or the application of the express expressed relevant language of this the Agreement.
2. Each party shall bear the full cost for its representation in the arbitration. The cost of Board and the arbitrator Association shall not 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 permitted to assert in these arbitration procedures any grounds or to rely on any evidence not previously disclosed to the arbitrator, the cost of such shall be divided equally by the partiesother party.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. Step 1 - The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's immediately involved supervisor to resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. The teacher or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work days after the receipt of the grievance. The Association's representative, the grievant, and the immediately involved supervisor may be present for the meeting. The purpose of the meeting is grievant shall promptly attempt to resolve the issue as grievance informally between the supervisor is empowered to do soteacher and their principal and/or immediate supervisor. Within 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. Step 2 -- If the grievance is not resolved at Step Ainformally, then 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 Association may refer 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 superintendent principal or immediate supervisor within fifteen (15) school days after the superintendent's official designee facts upon which the grievance is based first occur or first become known to the grievant, the grievance will be deemed waived. The principal or immediate supervisor will reply in writing to the grievant with a copy to the Association within 10 teacher work five (5) school days after receipt of the written grievance. Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the 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 response, including the reasons for the decision.
c. 3 -- If the grievance is not resolved at settled in Step B then 2 and the grievant or the Association may refer wishes to appeal the grievance to Step 3, the Board teacher will file the completed written grievance to the superintendent of Education schools within 10 teacher work ten (10) school days after the receipt of the Step B principal's written answer. The superintendent or their representative shall thoroughly review the grievance, arrange for necessary discussions, and give a written answer or within 20 teacher work to the grievant with a copy to the Association no later than ten (10) school days after receipt of the written grievance by the superintendent. Step B meeting4 -- If the grievance is not settled in Step 3 and the grievant wishes to appeal the grievance to Step 4, whichever is the latergrievant may file the written grievance to the District Board within ten (10) school days after receipt of the superintendent's written answer. The Board of Education will hear all grievance appeals at shall review the next regularly scheduled Board of Education meeting. Each party shall have grievance, arrange for necessary discussions, and give a written answer to the right grievant with a copy to include in its representation such witnesses or counselors as it deems necessary. Within 10 teacher work the Association no later than ten (10) school days after receipt of the meeting, written grievance. Step 5 --
a. Grievances not settled in Step 4 of the Association and grievance procedure may be appealed by the grievant shall be to arbitration provided with the Board issue involves the interpretation or meaning of Education's written response, including a specific provision or provisions of the reasons for the decisionAgreement.
d. b. If the Association grievant is not satisfied with the disposition of the grievance at Step C 4 or if no decision has been rendered within ten (10) school days after the time limits expire without grievant has first met with the issuance of the Board of Education's written replyDistrict Board, the Association may may, by written notice to the superintendent within fifteen (15) school days after receipt of the request from the grievant, submit the grievance to binding arbitration. The Association shall request a panel A list of seven (7) arbitrators will be requested from the Federal Mediation Employment Relations Board, Conciliation Service Division. Upon receipt, the Association will strike one name and Conciliation Servicethe District and Association will then alternate the striking process until one name remains. Each party shall take turns striking one 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 (1hereinafter 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 issue their decision not later than thirty (30) name days from the listdate of the close of the hearings or if oral hearings have been waived, with then from the 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 arbitrator will be submitted to the Board and the Association striking first. The remaining person shall and will be final and binding upon the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be deemed withdrawnparties.
1d. The arbitrator's authority is limited to the interpretation and application of this contract. The arbitrator shall have no power to alter alter, add to, or subtract from the terms of this Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him by the The Board and the Association, and his/her decision shall be based only upon interpretation Association will share equally any joint costs of the meaning or arbitration procedure, such as 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 fee and expense 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, and 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 partieshearing room.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's his immediately involved supervisor to resolve problems through free and informal communications. When requested by a the teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. Step #1 The teacher or the Association may present the grievance in writing to the immediately involved supervisor, principal who will arrange for a meeting to take place within 10 teacher work seven (7) days after the receipt of the grievance. The Association's representativegrievant, a representative if desired by the grievantteacher, and the immediately involved supervisor may principal shall be present for the meeting. The purpose of the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work seven (7) days of the meeting, the grievant and the Association shall be provided with the supervisor's principal’s written response, including the reasons for the decision.
b. . Step #2 If the grievance is not resolved at Step A#1, then the grievant or the Association may refer the grievance to the superintendent Superintendent or the superintendent's his/her official designee within 10 teacher work six (6) days after receipt of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later#1 answer. The superintendent Superintendent shall arrange with the grievant or the Association for a meeting to take place within 10 teacher work ten (10) days of the Superintendent’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses or and counselors as it deems necessary. The purpose of the meeting is to resolve the issue. Within 10 teacher work ten (10) days of the meeting, the employee or the Association and the grievant shall be provided with the superintendent's Superintendent’s written response, including the reasons for the decision.
c. . Step #3 If the 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 disposition of the grievance at Step C #2 or the time limits expire without the issuance of the Board of Education's Superintendent’s written reply, the Association may submit the grievance to final and binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work thirty (30) days of the receipt of date for the Step C #2 answer, then the grievance shall be deemed withdrawn.
1. The arbitrator arbitration proceeding shall have no power be conducted by an Arbitrator to alter be selected by the terms two parties within seven (7) days after said notice is given. If the two parties fail to reach agreement on an Arbitrator within seven (7) days, the American Arbitration Association will be requested to provide a panel of this Agreementseven (7) arbitrators. His/her Each of the two parties will alternately strike one name at a time from the panel until only one shall remain. The remaining name shall be binding on the parties. Expenses for the Arbitrator’s services shall be borne equally by the district and the Association. His authority shall be strictly limited to deciding only the issue or issues presented to him in writing by the Board district and the Association, Association and his/her his decision shall must be based solely and only upon his interpretation of the meaning or the application of the express relevant language of this the Agreement.
1. A grievance arising from action of an administrator above the building level must be filed at Step #2.
2. Each party No teacher shall bear the full cost for its representation be required to discuss any grievance in the arbitration. The cost absence of the arbitrator shall be divided equally between the partiesa representative unless said teacher so desires.
3. If either party requests When a transcript of teacher is not represented by the proceedings, that party shall bear the full cost of the transcript. If both parties order a transcriptAssociation, the cost of Association at its request shall have the 2 transcripts shall be divided equally between the parties. If right to receive a copy of the transcript is furnished to formal, final disposition of the arbitrator, the cost grievance.
4. No reprisals of such any kind shall be divided equally taken by the partiesBoard or the Administration against a teacher because of his/her participation in this grievance procedure.
5. All records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
6. The time limits at any step of this grievance procedure may be extended by written mutual agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1. The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's his/her immediately involved supervisor to resolve problems through free and informal communications. When requested An attempt shall be made by a teacher, the grieving party to resolve any grievance by means of an Association representative may accompany informal verbal communication between the teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted abovegrievant and his/her immediately involved supervisor. If, however, the informal process fails to satisfy the teacher or the Associationgrievant, a grievance may be processed as follows:.
a. The teacher or 2. If the Association may grievance is not resolved informally, then the grievant shall present the grievance in writing to the immediately involved supervisorPrincipal or Designee. The grievance shall specify the article and clause alleged to have been violated and shall state the remedy sought. The grievance shall be initiated at this step within ten (10) days from the point the grievant becomes aware of the alleged ▇▇▇▇▇-tion, who will or should have become aware, whichever is later. The Principal or Designee shall arrange for a meeting to take place with the grievant within 10 teacher work ten (10) days after the receipt of the grievance. The Association's representative, Principal or Designee shall provide a written answer to 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 5 teacher work grievant within ten (10) days of the receipt of the scheduled meeting, the grievant and the Association shall be provided with the supervisor's written response, including the reasons for the decision.
b. 3. If the grievance is not resolved at Step AB, then the grievant or the Association aggrieved may refer the grievance to the superintendent Superintendent or the superintendent's official designee Designee within 10 teacher work ten (10) days after the receipt of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the laterB answer. The superintendent shall Superintendent or Designee shall
4. arrange for a meeting to take place within 10 teacher work ten (10) days of his/her 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 ten (10) days of the meeting, the Association and the grievant shall be provided with the superintendent's Superintendent’s written response, including the reasons for .
5. Within thirty (30) school days after receiving the decision.
c. If the 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 disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association Union may submit the grievance to binding arbitration. The Association shall request a panel arbitration under the Voluntary Labor Arbitration rules of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from Expenses for the list, with the Association striking first. The remaining person arbitration services shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be 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 borne equally by the School 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 arbitrationUnion. The cost of School Board and the arbitrator Union shall be divided equally between the partiespay for their own representation and transcript costs.
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 1 contract
Sources: Collective Bargaining Agreement
Procedures. In the event that a member or JSSO has a grievance, the following steps will be followed without bypass:
Step 1: The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's immediately involved supervisor member will try to resolve problems that problem through free and informal communicationsdiscussion with the building principal. When requested by the member, a teacher, an Association representative may accompany the teacher member to assist in the informal resolution of the grievance. This informal approach does not extend or waive When requested by the 15 day time limit noted above. Ifbuilding principal, however, another administrator may accompany the principal to assist in the informal process resolution of the grievance.
Step 2: If informal Step One (1) fails to satisfy the teacher or member, within twenty (20) working days the Association, a grievance may be processed as follows:
a. The teacher or the Association member may present the grievance in writing to the immediately involved supervisorbuilding principal, who will arrange for a meeting to take place within 10 teacher work days after the receipt of the grievanceplace. The Association's representativebuilding grievance person, the grievant, the building principal, and, at the option of the principal, another administrator will be present at that meeting. Within five (5) working days the building grievance person 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 5 teacher work days of the meeting, the grievant and the Association shall complainant will be provided with the supervisorprincipal's written response, including the reasons for the decision.
b. If Step 3: Within ten (10) working days of the Step Two (2) answer, and if the grievance is not resolved at Step ATwo (2), then the grievant or the Association JSSO grievance representative may refer the grievance to the superintendent or the superintendent's official designee within 10 teacher work days after receipt of the Step A answer or within 15 teacher work days after the Step A meetingSuperintendent, whichever is the later. The superintendent who shall arrange for a meeting to take place within 10 teacher work five (5) working days of his receipt of the appeal. Each party shall have the right to include in its representation representation, such witnesses or and counselors as it deems necessary. The purpose of the meeting is to resolve the issue. Within 10 teacher work days of the meetingfive (5) working days, the Association JSSO grievance representative, the grievant, and the grievant principal shall be provided with the superintendentSuperintendent's written response, including the reasons for the decision.
c. If Step 4: Within fifteen (15) working days of receipt of the Superintendent's Step Three (3) answer, and if the grievance is still not resolved at Step B then the grievant or the Association may refer resolved, the grievance may be referred to the Board of Education within 10 teacher work days after Education. At this level, neither the receipt of administration nor the Step B answer or within 20 teacher work days after JSSO shall be permitted to assert any evidence that was not previously disclosed to 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 necessaryother party. Within 10 teacher work fifteen (15) working days of the meetingJSSO grievance representative, the Association grievant, and the grievant principal shall be provided with the Board of EducationBoard's written response, including the reasons for the decision.
d. Step 5: If the Association Organization is not satisfied with the disposition of the grievance at Step C or Four (4), within thirty (30) calendar days the time limits expire without the issuance of the Board of Education's written reply, the Association Organization may submit the grievance to final and binding arbitrationarbitration under the Voluntary Labor Arbitration Rules of the
1. The Association shall request a panel of seven (7) arbitrators from Neither the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from Board nor the list, with the Association striking first. The remaining person JSSO shall be permitted to assert any grounds or evidence before the Arbitrator. Either party shall have arbitrator that has not previously been disclosed to the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be deemed withdrawnother party.
12. 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 Agreementagreement.
23. Each party shall bear the full cost for costs of its representation in the arbitration. The cost of the arbitrator and the AAA shall be divided equally between the partiesBoard and the JSSO.
34. If either party requests a transcript of the proceedings, that party shall bear the full cost of the costs for that 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.two
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's immediately involved supervisor Step 1 — A good faith attempt shall be made to resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. The teacher or the Association may present the any grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work days after the receipt of the grievance. The Association's representative, the grievant, and 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 5 teacher work days of the meeting, an informal discussion between the grievant and the appropriate supervisor. Although nothing herein shall prevent an employee from having Association shall be provided with representation throughout any step of the supervisor's written responsegrievance procedure, including the reasons for Association and the decisionBoard strongly encourage employees and their supervisors to resolve problems in an informal atmosphere without third party intervention using this open dialogue and good faith before disputes become formal grievances.
b. Step 2 — If the grievance is cannot be resolved at Step Ainformally, then the grievant or the Association may refer file the grievance to in writing with the superintendent Supervisor of Transportation or other appropriate supervisor. The written grievance should state the superintendent's official designee within 10 teacher work days after receipt nature of the Step A answer grievance, the specific clause 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 clauses of the appealAgreement violated, and the remedy requested. Each party shall have the right to include in its representation such witnesses or counselors as it deems necessary. The purpose Filing of the meeting is to resolve the issue. Within 10 teacher work days of the meetingwritten grievance must be done within fifteen (15) days, the Association and the grievant shall be provided with the superintendent's written response, including the reasons for the decision.
c. If the grievance is not resolved at Step B then the grievant or 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 disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be 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 otherwise mutually agreed between the Board and the Association, and his/her decision shall be based only upon interpretation from the date of the meaning occurrence of the event giving rise to the grievance or when the grievant could reasonably have had knowledge thereof. The supervisor shall within ten (10) days of receipt of the grievance schedule a meeting to resolve the grievance. He/she shall issue the grievant and the Association President a written response within seven (7) days of that meeting.
Step 3 — In the event a grievance has not been satisfactorily resolved at Step 2, the grievant or the application Association shall file, within seven (7) days of the express relevant language of this Agreement.
written answer to Step 2. Each party shall bear , or, if no answer is received within the full cost for its representation time specified in the arbitration. The cost Step 2, within seven (7) days of the arbitrator shall be divided equally between date when the parties.
3. If either party requests a transcript of the proceedingsanswer was due, 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 grievance with the Superintendent or his/her designee. Within ten (10) days after such written grievance is furnished to filed, a meeting shall be scheduled with the arbitratoraggrieved, a representative of the Association, the cost of such shall be divided equally by the parties.supervisor,
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher an employee and the teacher's immediately involved supervisor to resolve problems through free and informal communicationscommunication, provided the resolution is consistent with the terms of this document. When requested by a teacherThe informal discussion shall take place within fifteen (15) days of the occurrence of the event, an which initiated the alleged grievance. The Board acknowledges the right of the Association representative may accompany the teacher to assist in the informal resolution a grievant at any level of the grievancegrievance procedure if it obtains the consent of the grievant, and the Association acknowledges the right of any member of the Administration to receive assistance as desired in any step of the grievance procedure. This informal approach does not extend or waive Failure of any grievant to abide by the 15 day prescribed timelines shall prohibit the grievant from proceeding to the next step. The time limit noted above. Iflimits, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows: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.
a. The teacher or A. STEP 1 – If the Association may alleged grievance cannot be resolved informally, the grievant shall present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work supervisor no later than ten (10) days after following the receipt process. The written information contained in the filed grievance shall contain the following:
1. A description of the specific grounds 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 5 teacher work days of the meeting, the grievant and the Association shall be provided with the supervisor's written response, including the reasons specific action or lack of action being grieved, including names, dates and places necessary 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 a complete understanding of the Step grievance;
2. 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 listing 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 response, including the reasons for the decision.
c. If the 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 disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be deemed withdrawn.
1. The arbitrator shall have no power to alter the terms provisions 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 Article or Articles and Sections or Paragraphs, which are alleged to the arbitrator, the cost of such shall be divided equally by the parties.have been violated or misapplied;
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable Grievant must file within ten (10) calendar days after the Employee becomes aware of an alleged violation which provides the basis for a teacher and the teacher's immediately involved supervisor grievance with the AFT Grievance Chairperson or designee. Written notification of intent to resolve problems through free and informal communications. When requested by a teacher, grieve must be filed with the Superintendent or designee within twenty (20) calendar days after the Employee becomes aware of an Association representative may accompany alleged violation which provides the teacher to assist in the informal resolution of basis for the grievance. This informal approach does not extend A grievance must be brought to Step One within ten (10) calendar days after the Employee has filed said written notification of intent to grieve with the Superintendent or waive designee to meet with the 15 day time limit noted aboveAdministrator against whom the grievance will be filed with the object of resolving the matter informally. IfThe Employee shall notify the Administrator of the basis of the potential grievance. Both parties shall initial a statement that this meeting was held and the resolution if any. If the complainant desires, howeveran AFT Grievance Committee Representative shall be present at this step to facilitate the discussion. If the Administrator, against whom the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:filed wants another Administrator to be present at this step, another Administrator may be present if an AFT Grievance Committee Representative is present.
a. The teacher 1. If the grievance is not satisfactorily resolved in Step One, a meeting shall be held within ten (10) calendar days of the meeting described in Step One. A request for the meeting shall be made in writing by the AFT Chairperson or designee or the Association may present grievant to the appropriate District or Building Administrator and the basis of the grievance shall be specifically stated on the grievance form.
2. A copy of said form can be found in Exhibit H of this Agreement. Present at this meeting shall be the grievant, the Administrator against whom the grievance has been filed, a designee of the Administrator if they so desire, and the AFT Grievance Committee Representative, if they so desire.
3. Within ten (10) calendar days of the Step Two meeting, the Administrator against whom the grievance has been filed shall communicate their decision, in writing with the supporting reasons to the immediately involved supervisorparticipants at the Step Two meeting.
1. In the event the matter is not resolved in Step Two, who will arrange for within in ten (10) calendar days of the Step Two meeting, the AFT Chairperson or designee or the grievant may file a written appeal to the Superintendent or designee. A meeting to take place with the object of resolving the matter shall be held within 10 teacher work ten (10) calendar days after the receipt of this appeal letter by the grievanceSuperintendent or their designee. The Association's representativePresent at this meeting shall be the Superintendent or designee, the Administrator against whom the grievance has been filed and their immediate supervisor, 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 5 teacher work days of the meetingAFT Grievance Committee Representative, 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 Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the 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 response, including the reasons for the decision.
c. If the 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 disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is Waiver has not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be deemed withdrawn.
1. The arbitrator shall have no power to alter the terms of this Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him by the Board and the Association, and his/her decision shall be based only upon interpretation of the meaning or the application of the express relevant language of this Agreementbeen filed.
2. Each party shall bear the full cost for its representation in the arbitration. The cost Within ten (10) calendar days 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 transcriptmeeting in Step Three, the cost of Superintendent or designee shall communicate their decision, in writing, together with the 2 transcripts shall be divided equally between the parties. If a copy of the transcript is furnished supporting reasons to the arbitrator, participants at the cost of such shall be divided equally by Step Three meeting and to the partiesAFT President.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. A. Step I The parties hereto acknowledge that it is usually most desirable for a teacher an employee and the teacher's immediately involved his/her immediate supervisor to resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany Within thirty (30) days following the teacher to assist in the informal resolution occurrence of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, howevergrievable act, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. The teacher or the Association grievant may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work days after the receipt of the grievance. The Association's representative, the grievant, and 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 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 Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work five (5) days after receipt of the 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 answer to the grievance within five (5) days after the meeting. Such answer shall include the reasons upon which the decision was based.
B. Step II If the grievant is not satisfied with the disposition of his/her grievance at Step I, or if no decision has been rendered within five (5) days after presentation of the grievance, then the grievance may be referred to the Superintendent or his/her official designee. The Superintendent shall arrange for a hearing with the grievant and an Association representative to take place within five (5) days of his/her receipt of the appeal. Each party The parties in interest shall have the right to include in its the representation such witnesses or and counselors as it deems necessarythey deem necessary to develop facts pertinent to the grievance. The purpose Upon conclusion of the meeting is to resolve the issue. Within 10 teacher work days of the meetinghearing, the Association and the grievant Superintendent shall be provided have five (5) days to provide his/her written decision, together with the superintendent's written response, including the reasons for the decisiondecision to the Association.
c. C. Step III If the grievance is has not been resolved at in Step B then the grievant II or the Association may refer 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 of Education within 10 teacher work days after through the Superintendent. Upon receipt of the Step B answer appeal the Superintendent shall arrange a meeting of the Board to take place within ten (10) days 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, whichever time period is longer. Each party A written decision shall have the right to include in its representation such witnesses or counselors as it deems necessary. Within 10 teacher work be issued within five (5) days of after the meeting.
D. Step IV If no satisfactory settlement is reached at Step III, the Association and the grievant shall be provided with the Board of Education's written responsegrievant, including the reasons for the decision.
d. If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven within fifteen (715) 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 working days of the receipt of the Step C answerIII decision, then 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 shall be deemed withdrawn.to the American Arbitration Association (AAA) for arbitration under the expedited rules with the following exceptions:
1. The arbitrator shall have no power to alter the terms A list of this Agreement. His/her authority arbitrators shall be strictly limited provided 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 Agreementparties.
2. Each party shall bear the full cost for its representation in the arbitration. The cost of the arbitrator All communications shall be divided equally between directed through the partiesAAA.
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 The arbitrator's decision shall be divided equally between in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the parties. If a copy of the transcript is furnished issues submitted to the arbitrator, the cost of such shall be divided equally by the partieshim/her.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. A. Level 1 - The parties hereto acknowledge that it bargaining unit member is usually most desirable for a teacher and the teacher's immediately involved supervisor encouraged to resolve problems alleged grievances through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted aboveoral settlement. If, however, the informal process fails to satisfy the teacher or the Associationoral settlement is not satisfactory, a grievance may be processed as follows:
a. The teacher or the Association may present the grievance filed in writing to on the immediately involved supervisor, who will arrange for a meeting to take place Grievance Report Form with the building principal within 10 teacher work days after the 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 5 teacher work ten (10) school days of the meeting, time of its inception. The building principal shall meet with 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 five (5) school days after receipt of the Step A answer or grievance form and shall reply to the grievance in writing 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 three (3) school 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. meeting.
B. Level 2 - Within 10 teacher work five (5) school days of the meeting, receipt of such response a grievant may appeal the Association decision to the District Superintendent. The appeal shall be in writing on the grievance form. A copy of the appeal shall be given to the principal. The grievant shall supply the original grievance and a copy of the Level I disposition report with his appeal. The District Superintendent shall meet with the grievant shall be provided with the superintendent's written response, including the reasons for the decision.
c. If the grievance is not resolved at Step B then the grievant or the Association may refer the grievance to the Board of Education a mutually agreed time within 10 teacher work days after the receipt of the Step B answer or within 20 teacher work days after the Step B meeting, whichever is the later. The Board of Education will hear all grievance appeals at the next regularly scheduled Board of Education meeting. Each party shall have the right to include in its representation such witnesses or counselors as it deems necessary. Within 10 teacher work days of the meeting, the Association and the grievant shall be provided with the Board of Education's written response, including the reasons for the decision.
d. If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven five (75) 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 school days of the receipt of the Step C answer, then grievance form. A disposition report (Level 2) by the grievance Superintendent shall be deemed withdrawnissued within five (5) school days of the meeting.
1C. Level 3 - Within five (5) school days of the receipt of the District Superintendent's report a grievant may appeal his decision to the Board of Education. The arbitrator Board of Education shall have no power set a date, time and place for a hearing on such appeal to alter be held within fifteen (15) school days of the terms receipt of this Agreementthe appeal form. His/her authority Five (5) school days written notice shall be strictly limited given to deciding only the issue grievant. The grievant must be present at the hearing. All hearings may be continued from time to time as determined by mutual agreement of the parties concerned. All hearings shall be concluded within a period of sixty (60) school days. At the discretion of the Board the hearing may be held before the Board as a whole or issues presented before a committee of the Board. The Board shall render a written decision within fifteen (15) school days of such final hearing. The Board may designate a committee or representative to him meet with the grievant to discuss such decision. If the grievant has been heard by a committee of the Board, and the grievant is not satisfied with the decision rendered by the Board Board, the grievant may, within three (3) school days of the receipt of such decision request a review of the decision (but not a further hearing) by the entire Board. This review must take place within twenty (20) school days and the Associationfinal decision of the Board affirming, and his/her reversing, or modifying its prior decision shall be based only upon interpretation given in writing to the grievant within that time.
D. Level 4 - Within ten (10) school days after the conclusion of Level 3, the Association may, after notice to the Board in writing, refer the grievance to binding arbitration as provided in Section 903 of the meaning Public Employee Relations Act, Act 195, and the procedures set forth in Act 195 or in the application regulations of the express relevant language Pennsylvania Labor Relations Board shall thereafter control. Both parties will request that the decision of this Agreement.
2. Each party shall bear the full cost for its representation arbitrator be in writing and set forth his or her findings of fact, reasoning and conclusions on the arbitrationissues submitted. The cost decision of the arbitrator shall be divided equally between binding upon 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 transcriptBoard, the cost of NHSEA and the 2 transcripts grievant. Each case shall be divided equally between considered on its merits and the parties. If a copy of collective bargaining agreement shall constitute the transcript is furnished to basis on which the arbitrator, the cost of such decision shall be divided equally by the partiesrendered. The arbitrator shall be without jurisdiction to render an award contrary to law or to add to, modify, vary, change or remove any term of this Agreement.
Appears in 1 contract
Sources: Professional Staff Contract
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's his immediately involved supervisor to resolve problems through free and informal communications. When requested by a the teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. Step #1 The teacher or the Association may present the grievance in writing to the immediately involved supervisor, principal who will arrange for a meeting to take place within 10 teacher work seven (7) days after the receipt of the grievance. The Association's representativegrievant, a representative if desired by the grievantteacher, and the immediately involved supervisor may principal shall be present for the meeting. The purpose of the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work seven (7) days of the meeting, the grievant and the Association shall be provided with the supervisor's principal’s written response, including the reasons for the decision.
b. . Step #2 If the grievance is not resolved at Step A#1, then the grievant or the Association may refer the grievance to the superintendent Superintendent or the superintendent's his/her official designee within 10 teacher work six (6) days after receipt of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later#1 answer. The superintendent Superintendent shall arrange with the grievant or the Association for a meeting to take place within 10 teacher work ten (10) days of the Superintendent’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses or and counselors as it deems necessary. The purpose of the meeting is to resolve the issue. Within 10 teacher work ten (10) days of the meeting, the employee or the Association and the grievant shall be provided with the superintendent's Superintendent’s written response, including the reasons for the decision.
c. . Step #3 If the 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 disposition of the grievance at Step C #2 or the time limits expire without the issuance of the Board of Education's Superintendent’s written reply, the Association may submit the grievance to final and binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work thirty (30) days of the receipt of date for the Step C #2 answer, then the grievance shall be deemed withdrawn.
1. The arbitrator arbitration proceeding shall have no power be conducted by an Arbitrator to alter be selected by the terms two parties within seven (7) days after said notice is given. If the two parties fail to reach agreement on an Arbitrator within seven (7) days, the American Arbitration Association will be requested to provide a panel of this Agreementseven (7) arbitrators. His/her Each of the two parties will alternately strike one name at a time from the panel until only one shall remain. The remaining name shall be binding on the parties. Expenses for the Arbitrator’s services shall be borne equally by the district and the Association. His authority shall be strictly limited to deciding only the issue or issues presented to him in writing by the Board district and the Association, Association and his/her his decision shall must be based solely and only upon his interpretation of the meaning or the application of the express relevant language of this the Agreement.
1. A grievance arising from action of an administrator above the building level must be filed at Step #2.
2. Each party No teacher shall bear the full cost for its representation be required to discuss any grievance in the arbitration. The cost absence of the arbitrator shall be divided equally between the partiesa representative unless said teacher so desires.
3. If either party requests When a transcript of teacher is not represented by the proceedings, that party shall bear the full cost of the transcript. If both parties order a transcriptAssociation, the cost of Association at its request shall have the 2 transcripts shall be divided equally between the parties. If right to receive a copy of the transcript is furnished to formal, final disposition of the arbitrator, the cost grievance.
4. No reprisals of such any kind shall be divided equally taken by the partiesBoard or the Administration against a teacher because of his/her participation in this grievance procedure.
5. All records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
6. The time limits at any step of this grievance procedure may be extended by written mutual agreement.
7. A grievant may withdraw a grievance at any time without prejudice.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The 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 communications1. When requested by a teacher, Stage 1 - Within twenty-eight (28) days after an Association representative may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, howeveralleged grievance occurred, the informal process fails to satisfy the aggrieved teacher or the Association, a grievance may be processed as follows:
a. The teacher or the Association may shall present the his grievance in writing to his/her immediate supervisor who shall discuss the immediately involved supervisorgrievance with the aggrieved teacher, who will arrange or with the teacher and his/her representative (s) if any. If no mutual time for a meeting to take place can be arranged within 10 teacher work days after the 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 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 five (5) days after receipt of the Step A answer or 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 15 teacher work seven (7) days after the Step A meetinghearing.
3. Chief Administrator Stage
a. The Superintendent shall, whichever 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 laterwritten 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. The superintendent Such hearings shall arrange for a meeting to take place be held within 10 teacher work seven (7) days of receipt of the appealwritten 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. Each party Board Stage - All written statements and records of the case shall have be submitted to the right to include in its representation such witnesses or counselors as it deems necessaryPresident of the Board by the Superintendent. The purpose Board may, at the request of either party or the meeting is to resolve the issue. Within 10 teacher work Board itself, hold a hearing within fourteen (14) days of the meetinginitiation 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 Association and the grievant Board shall render a decision. If no hearing is held such decision shall be provided with the superintendent's written response, including the reasons for the decision.
c. If the grievance is not resolved at Step B then the grievant or the Association may refer the grievance to the Board rendered within fourteen (14) days of Education within 10 teacher work days after the receipt of the Step B answer or notice of appeal; if a hearing be held such decision shall be rendered 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 fourteen (14) days of the meeting, date of the Association and the grievant shall be provided with the Board of Education's written response, including the reasons for the decisionhearing.
d. If 5. Arbitration Stage
a. After such hearing, if the teacher and/or Association is are not satisfied with the disposition decision at Stage 4, and the Association determines that the grievance is meritorious and that appealing it is in the best interest of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written replyschool system, the Association it may submit the grievance to binding arbitration. The Association shall request arbitration by written notice to the Superintendent of Schools with a panel of seven (7) arbitrators from copy to the Federal Mediation and Conciliation Service. Each party shall take turns striking Board within twenty-one (121) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt decision at Stage 4.
b. The parties shall select on a rotating basis from the following panel of arbitrators: ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇. In the event that none of the Step C answeraforementioned arbitrators are available in a timely fashion or decline to hear a dispute, then the grievance 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 deemed withdrawnreferred to the American Arbitration Association for designation. In either case, the Voluntary Labor Arbitration Rules of the American Arbitration Association shall be used.
1c. The selected arbitrator will hear the 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 alter make any decision which requires the commission of an act prohibited by law or which is violative of 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. e. The cost decision of the arbitrator shall be divided equally between the final and binding upon all parties.
3. If either party requests a transcript f. The costs for the services 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 including expenses, if any, will be divided borne equally by the partiesDistrict and the Association.
6. AMERICANS WITH DISABILITIES ACT (ADA) Any dispute arising with regard to an employee's claim for a reasonable accommodation shall be resolved through the grievance procedure, which shall be the exclusive remedy. Upon a notice of five (5) days of an intent to grieve, this dispute may proceed directly to arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher an Employee and the teacher's immediately involved supervisor to Board may resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the AssociationHowever, a grievance may shall be processed as follows:
a. A. Step 1 – The teacher Association, an individual employee or the Association may group of employees shall present the grievance in writing to the immediately involved supervisorsupervisor within twelve (12) days of the occurrence giving rise to the grievance, who or when the Association or the grievant should reasonable have had knowledge, unless the violation is of a continuing nature. The supervisor will arrange for a meeting to take place within 10 teacher work five (5) days after the receipt of the grievance. The Association's ’s representative, the grievant, grievant and the immediately involved supervisor may shall be present for the meeting. The purpose of the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work days of the meeting, the grievant and the Association shall be provided with the 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 Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the 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 twelve (12) days of the meeting, the Association and the grievant shall be provided with the superintendent's supervisor’s written response, including the reasons for the decision.
c. B. Step 2 – If the grievance is not resolved at Step B then the grievant or 1, the Association may refer the grievance to the Board of Education within 10 teacher work fifteen (15) days after the receipt of the Step B answer or within 20 teacher work days after the Step B meeting, whichever is the later1 answer. The Board of Education will hear all grievance appeals at President shall arrange with the next regularly scheduled Association representative, for a meeting to take place with the 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 within fifteen (15) days of the meeting, Board’s receipt of the appeal. Within ten (10) days of the meeting the Association and the grievant shall be provided with the Board of Education's ’s written response, response including the reasons for the decision.
d. C. Step 3 – If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply2, the Association it may submit the grievance to final and binding arbitrationarbitration within twenty (20) days of receipt of the Board’s decision. The 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 shall request a panel of seven (7AAA) arbitrators from or the Federal Mediation and Conciliation ServiceService (FMCS). Each party Selection of the arbitrator and proceedings for the hearing shall take turns striking one (1) name from the list, be conducted in accordance 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 voluntary labor arbitration is not filed within 10 teacher work days rules of the receipt of the Step C answer, then the grievance shall be deemed withdrawn.
1AAA. The arbitrator shall have no be without power or authority to alter make any decision which is contrary to, inconsistent with, or which modifies or varies the terms of this Agreement. His/her authority shall be strictly limited to deciding only ; or which limits or interferes with the issue Board’s duties, powers 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 arbitrationresponsibilities under applicable law. The cost sole power of the arbitrator shall be divided equally between to determine if the terms of this Agreement have been violated, misinterpreted, or misapplied. The decision and/or award of the arbitrator, if made in accordance with his jurisdiction, shall be binding on 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher an employee and the teacher's immediately employee’s immediate involved supervisor to resolve problems through free and informal communications. When requested by a teacherthe employee, an Association representative may accompany the teacher employee to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher employee or the Association, a grievance may be processed as follows:
a. Step I − The teacher employee or the Association may present the grievance in writing to the immediately involved supervisor, who building principal within ten (10) days of the event. The building principal will arrange for a meeting to take place within 10 teacher work ten (10) days after the receipt of the grievance. The Association's ’s representative, the grievant, and the immediately involved supervisor may principal shall be present for the meeting. The purpose of the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work five (5) days of the meeting, the grievant and the Association shall be provided with the supervisor's principal’s written response, including the reasons for the decision.
b. Step II − If the grievance is not resolved at Step AI, then the grievant or the Association Representative may refer the grievance to the superintendent Superintendent or the superintendent's official designee within 10 teacher work his assignee with ten (10) days after the receipt of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the laterI answer. The superintendent Superintendent shall arrange with the grievant or the Association representative for a meeting to take place within 10 teacher work five (5) days of the Superintendent’s 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 issuerepresentation. Within 10 teacher work ten (10) days of the meeting, the Association and the grievant shall be provided with the superintendent's 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 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 association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written replyII, the Association may submit the grievance to final and binding arbitration. The arbitration through the American Arbitration Association which shall request a panel act as the administrator of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another listproceedings. If a demand for arbitration is not filed within 10 teacher work thirty (30) days of the receipt of date for the Step C 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 this Agreementagreement.
3. His/her authority shall be strictly limited to deciding only the issue or issues presented to him by the Board The fees 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 expenses of the arbitrator shall be divided equally between the partiesshared equally.
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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable ▇▇▇▇▇▇ Education Association designates the Association President or his/her designee as the local agent responsible for a teacher and the teacher's immediately involved supervisor to resolve problems processing grievances through free and informal communicationsLevel Three.
1. When requested by a LEVEL ONE - A teacher, an Association representative may accompany the teacher to assist in the informal resolution group of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. Ifteachers, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. The teacher or the Association may present believing that there has been a violation shall, within ten (10) school days of its alleged occurrence, orally discuss the grievances with the building Principal and the representative of the Association in an attempt to resolve the matter. If no resolution is obtained within five (5) school days following the discussion, the grievant shall express the grievance in writing and process in accordance with Level Two.
2. LEVEL TWO - If the meeting is with the school principal and the parties cannot agree, the grievance shall promptly be transmitted to the immediately involved supervisor, Superintendent who will arrange for a meeting shall have five (5) school days thereafter to take place within 10 teacher work days after the receipt of approve or disapprove 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 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 transmitted directly to the superintendent or the superintendent's official designee within 10 teacher work days after receipt of the Step A answer or within 15 teacher work days after the Step A meetingSuperintendent, 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 he/she shall have the right ten (10) school days from receipt to include in its representation such witnesses approve or counselors as it deems necessarydisapprove it. The purpose of the meeting is to resolve the issue. Within 10 teacher work days of the meetingAn Association, the Association and the grievant shall or a group grievance may be provided with the superintendent's written response, including the reasons for the decision.
c. If the grievance is not resolved at Step B then the grievant or the Association may refer the grievance submitted directly 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 disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another listSuperintendent. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be deemed withdrawndenied 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.
13. LEVEL THREE - If the decision of the Superintendent is not satisfactory to the Association, the grievance may be submitted within twenty (20) school days to arbitration before an impartial arbitrator selected by the parties.
a. The arbitrator shall be selected by the American Arbitration Association in accord with its rules which shall likewise govern the Arbitration hearing. The Board and Association shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the Board and to the Association. The arbitrator shall have no power to alter alter, add to or subtract from the terms of this Agreement. His/her authority 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 strictly limited found to deciding only have been improperly reprimanded or improperly deprived of a position, or unjustly discharged, the issue or issues presented arbitrator will have authority to him reinstate the teacher, with full reimbursement for all compensation lost. The costs of any arbitration under this article shall be shared equally by the Board and the Association.
c. It is expressly understood that the grievance procedure shall not apply to those matters from which statute authorizes specific remedy, such as the Tenure Teacher Act.
d. It is understood that the time limits are maximum and can be extended with the written mutual consent of both parties. Both parties should be encouraged to process a grievance as rapidly as possible and within the limits and procedure as set forth herein. If the administration at any step fails to respond in a timely manner, the grievance will be considered denied and may be moved to the next level. Failure of the grievant to meet any time limits will result in the grievance being considered as withdrawn.
e. In the event a grievance is filed after May 1st of any year and strict adherence to the time limits may result in hardship of any party, the Superintendent shall use his/her decision shall be based only upon interpretation best efforts to process such grievance prior to the end of the meaning school term or as soon thereafter as possible. If the application grievance is processed to arbitration, the parties may submit the grievance to expedited arbitration under the rules of the express relevant language of this AgreementAmerican Arbitration Association.
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 1 contract
Sources: Master Agreement
Procedures. The parties hereto acknowledge All time limits referred to in this Article shall consist of working days, except that it is usually most desirable for a teacher and the teacher's immediately involved supervisor to resolve problems through free and informal communicationsduring summer vacation periods, time limits shall consist of school district office workdays. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, a A grievance may be processed initiated by a teacher or by the Association. The procedure for processing a grievance shall be as follows:
a. STEP 1: The teacher grievant may first discuss the matter with the Superintendent with the objective of resolving the matter informally. Nothing contained in this Article of the AGREEMENT shall prohibit or prevent the Superintendent or the Association grievant from having a person of his own choosing from outside of the bargaining unit or a consultant in attendance at any informal or formal step of the grievance procedure.
STEP 2: If the grievance cannot be resolved informally, the grievant may present file the grievance in writing with the Superintendent within twenty (20) working days from the occurrence of the event giving rise to the immediately involved supervisorgrievance. The written grievance shall note all clauses of the AGREEMENT which are alleged to have been violated, who will arrange and shall state the basic facts of the claimed violation. The Superintendent shall answer this grievance in ten (10) working days in writing, submitting a copy to the teacher and the Association representative.
STEP 3: If the grievant disagrees with the decision of the Superintendent, he/she shall notify the Superintendent in writing within ten (10) working days of the date of receipt of his/her desire to have the grievance processed to the Board for a meeting to take place decision. The Board shall meet within 10 teacher work twenty (20) working days after the of receipt of the grievance. The Association's representativeparties to the grievance shall be allowed to present witnesses and have attorneys present before the Board, the grievant, and the immediately involved supervisor may be present for the meetingas deemed necessary. The purpose of Board shall provide the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work grievant with its written response within ten (10) working 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 Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the 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 response, including the reasons for the decision.
c. If the 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 disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's immediately involved his or her immediate supervisor to resolve problems through free and informal communications. When requested by a the teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or and/or the Association, a grievance may be processed as follows:
a. 7.2.1 Step 1 The teacher or grievant and the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work 7 days after the receipt of the grievance. The Association's written grievance shall state the nature of the grievance, shall note the specific clause or clauses of the Agreement allegedly violated and shall state the remedy requested. The filing of the formal, written grievance at Step 1 must be within 20 days from the date of the occurrence or from the time when the grievance might reasonably have been ascertained, The Association representative, the grievant, grievant and the immediately involved supervisor may shall be present for the meeting. The purpose of the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work 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.
b. 7.2.2 Step 2 If the grievance is not resolved at Step A1, then the grievant or the Association may refer appeal the grievance to the superintendent Superintendent or the superintendent's official his/her designee within 10 teacher work 6 days after receipt of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later1 answer. The superintendent Superintendent or his/her designee shall arrange with the grievant or the Association representative for a meeting to take place within 10 teacher work days of the Superintendent's 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 issuegrievance. Within 10 teacher work 8 days of the meeting, the Association grievant and the grievant Association shall be provided with the superintendentSuperintendent's written response, including the reasons for the decision.
c. If the 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 disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher an employee and the teacher's employee’s immediately involved supervisor administrator to resolve problems through free and informal communications. When An attempt shall be made to resolve any grievance in informal, verbal discussion between complainant and his/her immediate supervisor. Then, if requested by a teacherthe employee, an Association representative may accompany the teacher employee to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher employee or the Association, a grievance may be processed as follows:
a. 6.1.1 Step 1 The teacher Assistant superintendent or the Association may present the grievance in writing to the immediately involved supervisor, who Principal will arrange for a meeting to take place within 10 teacher work ten (10) days after the receipt of the grievance. The Association's ’s representative, the grievant, and the immediately involved supervisor may Assistant Superintendent or Principal shall be present for the meeting. The purpose of the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work ten (10) days of the meeting, the grievant and the Association shall be provided with the supervisor's written response, including the reasons for the decision.. A grievance must be submitted within fifteen (15) days of the date of the alleged violation. (2001)
b. 6.1.2 Step 2 If the grievance is not resolved at Step ASTEP 1, then the grievant or the Association may refer the grievance to the superintendent Superintendent, or the superintendent's Superintendent’s official designee within 10 teacher work ten (10) days after receipt of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the laterSTEP 1 answer. The superintendent Superintendent shall arrange for a schedule the STEP 2 grievance meeting to take place within 10 teacher work ten (10) days of receipt of the appeal. Each party shall have referral from the right to include in its representation such witnesses or counselors as it deems necessaryTeachers’ Association. The purpose of the meeting is to resolve the issue. Within 10 teacher work Superintendent, or his/her designee, shall file and answer within ten (10) days of the meetingSTEP 2 grievance meeting and communicate it in writing to the Employee, the Association Assistant Superintendent or Principal, and the grievant shall be provided with the superintendent's written response, including the reasons for the decision.Association President. (2001)
c. 6.1.3 Step 3 If the grievance is not resolved at Step B STEP 2, then the grievant or Association and the Association may superintendent will refer the grievance to the Board 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 education to be discussed at the next regularly scheduled Board of Education regular board meeting. Each party shall have the right to include in its representation such witnesses or counselors as it deems necessary. Within 10 teacher work ten (10) days of the meeting, the Grievant and Association and the grievant shall be provided with the Board of Education's a written response, including the reasons for the decision.
d. 6.1.4 Step 4 If the teacher or the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written replySTEP 3, the Association may submit the grievance to final and binding arbitration. The arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association which shall request a panel act as the administrator of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another listproceedings. If a demand for arbitration is not filed within 10 teacher work thirty (30) days of the receipt date of the Step C STEP 3 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher an educator and the teacher's his/her immediately involved supervisor to resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher If such informal processes fail to assist in the informal resolution of resolve the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed resolved as follows:
a. 1. STEP ONE - The teacher grievance shall be presented within fourteen (14) days of the event complained of or of the Association may present date when the grievance in writing to the immediately involved supervisor, who grievant might reasonably have known of such event. The supervisor will arrange for a meeting to take place within 10 teacher work eight (8) days after the following receipt of the grievance. The Association's representativewritten grievance should state the nature of the grievance, should note the grievantspecific 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 may shall be present for the meeting. The purpose of Supervisor shall provide a written answer with reasons to the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work days of the meetingaggrieved educator, the grievant Association and the Association shall be provided with the supervisor's written response, including the reasons for the decisionSuperintendent within ten (10) days.
b. 2. STEP TWO - If the grievance is not resolved at Step A#1, then the grievant or the Association may educator shall refer the grievance to the superintendent or the superintendent's official designee Superintendent within 10 teacher work six (6) days after receipt of the Step A #1 answer or within 15 teacher work eight (8) days after the Step A #1 meeting, whichever is the later. The superintendent Superintendent shall arrange for a meeting with the educator and the Association representative to take place within 10 teacher work five (5) days of his receipt of the appeal. Each party The Superintendent 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 file an answer within ten (10) days of the meetingStep #2 grievance meeting and communicate it in writing to the educator, the Association principal, and the grievant shall be provided with the superintendent's written response, including the reasons for the decisionAssociation.
c. 3. STEP THREE - If the grievance is not resolved at Step B #2, then the grievant or the Association may educator shall refer the grievance to the School Board of Education within 10 teacher work six (6) days after the receipt of the Step B answer or within 20 teacher work days after the Step B meeting, whichever is the later#2 answer. The School Board shall arrange for a meeting with the educator and the Association representative to take place within thirty (30) days of Education will hear all grievance appeals at receipt of the next regularly scheduled appeal. The School 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 file an answer within ten (10) days of the meetingStep #3 grievance meeting and communicate it in writing to the educator, the Association Superintendent, and the grievant shall be provided with the Board of Education's written response, including the reasons for the decisionAssociation.
d. 4. STEP FOUR - If the Association grievance is not satisfied with resolved satisfactorily to the disposition educator and the Association within thirty (30) days after receipt of the grievance at written reply from Step C or the time limits expire without the issuance of the Board of Education's written reply, #3 the Association may submit the grievance in writing a request to enter into binding arbitration. The American Arbitration Association shall request will be requested to provide a panel of seven (7) arbitrators from arbitrators.
a. The Arbitrator, in his opinion, shall not amend, modify, nullify, ignore or add to 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 provisions of the receipt of the Step C answer, then the grievance shall be deemed withdrawn.
1. The arbitrator shall have no power to alter the terms of this Agreement. His/her 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, Association and his/her his decision shall must be based only solely upon his interpretation of the meaning or the application of the express relevant language of this the Agreement.
2b. Expenses for the Arbitrator's services and the expenses which are common to both parties to the arbitration shall be borne equally by the Board and the Association. Each party to an arbitration proceeding shall bear be responsible for compensating its own representatives and witnesses.
c. Neither the full cost for Board nor the Association shall be permitted to assert any grounds or evidence before the Arbitrator which was not previously disclosed to the other party.
d. The parties shall jointly request the American Arbitration Association, the Federal Mediation and Conciliation Service or the Illinois Education Labor Relations Board to submit to them a list of five (5) arbitrator's names and qualifications. Either party may reject one list in its representation in entirety and request that another list be submitted. From such a list, the arbitrationparty initially requesting the arbitration shall strike two names and the other party shall then strike two names. The cost of the arbitrator person whose name remains shall be divided equally between the parties.
3arbitrator. 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 The arbitrator selected shall be divided equally between jointly notified of his selection and requested to contact the parties. If parties with respect to setting up a copy of the transcript is furnished to the arbitrator, the cost of such shall be divided equally by the partiestime for a hearing.
Appears in 1 contract
Sources: Professional Negotiation Agreement
Procedures. The parties hereto acknowledge that A. Any grievance must be filed within ten (10) days of the aggrieved act or it shall be deemed forever waived by the grievant.
B. Since it is usually most desirable for a teacher and the teacher's immediately involved supervisor to resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, important that a grievance may be processed as follows: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.
a. The teacher C. In the event a grievance is filed on or after the Association may present closing of the school year, which, if left unresolved until the beginning of the following school year, could result in irreparable harm to a party in interest, the parties agree to make a good faith effort to reduce the time limits set forth herein so that the grievance in writing procedure may be exhausted as soon as is practicable.
D. Nothing herein contained will be construed as limiting the right of any grievant having a grievance to discuss the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work days after the receipt matter informally and confidentially with any appropriate member of the grievance. The administration, and having the grievance adjusted without intervention of the Association's representative; provided the adjustment is not inconsistent with the terms of this grievance procedure.
E. Any aggrieved person may be represented at all stages of the grievance procedure by himself/ herself, or, at the grievant’s option, and by a representative selected or approved by the immediately involved supervisor may be present for the meetingAssociation. The purpose of the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work days of the meeting, the grievant and In any event the Association shall be provided have a right to have a representative present and to state its views at all stages of the grievance procedure.
F. Oral Informal Discussion with Principal or Immediate Supervisor A grievant with a grievance must first discuss it informally with the principal or where the grievant is not under the direct supervision of a principal, with the grievant’s immediate supervisor's . The principal/immediate supervisor shall prepare a written responsememo of the discussion noting the date of the aggrieved act, including the reasons for date the decisioncomplaint 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.
b. G. Level One - Written Formal Grievance to Principal 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 Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the appeal. Each aggrieved 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 response, including the reasons for the decision.
c. If the 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 disposition of the grievance at Step C by the principal or immediate supervisor, the grievant may file a written grievance with the principal/immediate supervisor on forms provided by the School District and the Association within five (5) days of the informal conference or ten (10) days of the aggrieved act, whichever is longer. The principal shall communicate the decision in writing to all parties in interest within five (5) days after receipt of the grievance. The decision shall include supporting reasons therefor.
H. Level Two - Executive Director of Human Resources Within five (5) days of receipt of the decision rendered by the principal/immediate supervisor, any party in interest may appeal the principal’s/immediate supervisor’s decision to the Executive Director ofHumanResourcesonformsprovidedbytheSchoolDistrictandtheAssociation.The appeal shall include a copy of the Level One decision and the grounds for regarding the decision as incorrect. Within five (5) days of receipt of the appeal, the Executive Director of Human Resources shall communicate a decision in writing to all parties in interest. The decision shall include supporting reasons therefor.
I. Level Three - Superintendent Within five (5) days of receipt of the decision rendered by the Executive director of Human Resources, any party in interest may appeal the Director’s decision to the Superintendent, or designee, on forms provided by the SchoolDistrictandtheAssociation.Theappealshallinclude a copy of the decisions of Level One and Level Two and the grounds for regarding the decision as incorrect. Within ten (10) days after receipt of the appeal, the Superintendent, or designee, shall communicate the decision in writing to all parties in interest. The decision shall include supporting reasons therefor.
J. Level Four - Board of Education Within five (5) days of receipt of the decision rendered by the Superintendent, any party in interest may appeal the Superintendent’s decision to the Board of Education on forms provided by the School District and the Association. The appeal shall include a copy of decisions of Level One, Level Two, Level Three and the grounds for regarding the decision as incorrect. Within ten (10) days after receipt of the appeal, the Board of Education shall set a hearing for the grievance and shall forward written notice of the time limits expire without and place of the issuance hearing to all parties in interest. Within fifteen (15) days of hearing of the appeal, the Board of Education shall communicate its decision in writing to all parties in interest. The decision shall include supporting reasons therefor. The decision of the Board of Education's written replyEducation 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 grievance to binding arbitration. The Association shall request a panel Superintendent directly and the processing of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be deemed withdrawncommenced at Level Three.
1. The arbitrator shall have no power Q. All parties in interest are required to alter exhaust the terms 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. His/her authority 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 strictly limited to deciding only the issue or issues presented to him made by a majority consent of both the Board and the Association, and his/her decision . If any provision or application of this Agreement shall be based found contrary to law, such provision or application shall have effect only upon interpretation 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 meaning or monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the application negotiated salary-payment schedule. **** The State Flexible Benefit Allowance-B is $379.76 per month ($379.76 x 12 = $4,557.12/year). One half of the express relevant language of this Agreement.
2monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. Each party shall bear the full cost for its representation SFBA-B is only available to employees who participate in the arbitration. The cost one of the arbitrator shall 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 divided equally between different from the parties.
3district step. If either party requests a transcript 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 proceedings, that party shall bear monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the full cost negotiated salary-payment schedule. **** The State Flexible Benefit Allowance-B is $379.76 per month ($379.76 x 12 = $4,557.12/year). One half of the transcriptmonthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. If both parties order a transcript, the cost SFBA-B is only available to employees who participate in one of the district's group health insurance plans. 0 32,800 32,800 985.92 60.15 69.72 379.76 1 33,175 33,175 985.92 103.41 69.72 379.76 2 transcripts shall 33,550 33,550 985.92 145.65 69.72 379.76 3 33,925 33,925 985.92 188.15 69.72 379.76 4 34,300 34,300 985.92 233.33 69.72 379.76 5 34,700 34,700 985.92 278.76 69.72 379.76 6 35,100 35,792 985.92 325.26 69.72 379.76 7 35,500 36,841 985.92 372.82 69.72 379.76 8 35,900 37,324 985.92 421.44 69.72 379.76 9 36,300 37,753 985.92 471.12 69.72 379.76 10 37,575 38,114 985.92 521.87 69.72 379.76 11 38,000 38,852 985.92 573.67 69.72 379.76 12 38,425 39,329 985.92 626.54 69.72 379.76 13 38,850 39,729 985.92 680.48 69.72 379.76 14 39,275 40,252 985.92 735.47 69.72 379.76 15 39,700 41,080 985.92 791.53 69.72 379.76 16 40,125 41,456 985.92 848.65 69.72 379.76 17 40,550 41,831 985.92 906.83 69.72 379.76 18 40,975 42,207 985.92 966.07 69.72 379.76 19 41,400 42,645 985.92 1,026.38 69.72 379.76 20 41,825 43,768 985.92 1,087.75 69.72 379.76 21 42,250 44,145 985.92 1,150.18 69.72 379.76 22 42,675 44,520 985.92 1,213.68 69.72 379.76 23 43,100 44,898 985.92 1,278.23 69.72 379.76 24 43,525 45,236 985.92 1,343.85 69.72 379.76 25 43,950 46,390 985.92 1,410.53 69.72 379.76 26 43,950 46,809 985.92 1,410.53 69.72 379.76 27 43,950 47,185 985.92 1,410.53 69.72 379.76 28 43,950 47,563 985.92 1,410.53 69.72 379.76 29 43,950 47,856 985.92 1,410.53 69.72 379.76 30 43,950 50,635 985.92 1,410.53 69.72 379.76 31 43,950 51,013 985.92 1,410.53 69.72 379.76 32 43,950 51,389 985.92 1,410.53 69.72 379.76 33 43,950 51,783 985.92 1,410.53 69.72 379.76 34 43,950 52,958 985.92 1,410.53 69.72 379.76 * Includes the district portion of single health, dental, vision, life, short-term disability and long-term disability. ** Represents the qualified Oklahoma certification step and can be divided equally between different from the partiesdistrict step. If a copy 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 transcript 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 furnished $379.76 per month ($379.76 x 12 = $4,557.12/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the arbitratornegotiated salary-payment schedule. SFBA-B is only available to employees who participate in one of the district's group health insurance plans. 0 32,800 32,850 985.92 60.15 69.72 379.76 1 33,175 33,211 985.92 103.41 69.72 379.76 2 33,550 33,550 985.92 145.65 69.72 379.76 3 33,925 33,925 985.92 188.15 69.72 379.76 4 34,300 34,300 985.92 233.33 69.72 379.76 5 34,700 34,700 985.92 278.76 69.72 379.76 6 35,100 36,671 985.92 325.26 69.72 379.76 7 35,500 37,744 985.92 372.82 69.72 379.76 8 35,900 38,185 985.92 421.44 69.72 379.76 9 36,300 38,621 985.92 471.12 69.72 379.76 10 37,575 38,868 985.92 521.87 69.72 379.76 11 38,000 39,613 985.92 573.67 69.72 379.76 12 38,425 40,090 985.92 626.54 69.72 379.76 13 38,850 40,492 985.92 680.48 69.72 379.76 14 39,275 41,021 985.92 735.47 69.72 379.76 15 39,700 41,842 985.92 791.53 69.72 379.76 16 40,125 42,217 985.92 848.65 69.72 379.76 17 40,550 42,593 985.92 906.83 69.72 379.76 18 40,975 42,967 985.92 966.07 69.72 379.76 19 41,400 43,393 985.92 1,026.38 69.72 379.76 20 41,825 44,532 985.92 1,087.75 69.72 379.76 21 42,250 44,907 985.92 1,150.18 69.72 379.76 22 42,675 45,285 985.92 1,213.68 69.72 379.76 23 43,100 45,661 985.92 1,278.23 69.72 379.76 24 43,525 45,986 985.92 1,343.85 69.72 379.76 25 43,950 47,196 985.92 1,410.53 69.72 379.76 26 43,950 47,572 985.92 1,410.53 69.72 379.76 27 43,950 47,950 985.92 1,410.53 69.72 379.76 28 43,950 48,327 985.92 1,410.53 69.72 379.76 29 43,950 48,603 985.92 1,410.53 69.72 379.76 30 43,950 51,401 985.92 1,410.53 69.72 379.76 31 43,950 51,777 985.92 1,410.53 69.72 379.76 32 43,950 52,155 985.92 1,410.53 69.72 379.76 33 43,950 52,537 985.92 1,410.53 69.72 379.76 34 43,950 53,732 985.92 1,410.53 69.72 379.76 * Includes the district portion of single health, dental, vision, life, short-term disability and long-term disability. ** Represents the cost 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 such shall the monthly amount to be divided equally by paid on a semi-monthly (twice per month) basis commencing and ending with the parties.negotiated salary-payment schedule. **** The State Flexible Benefit Allowance-B is $379.76 per month ($379.76 x 12 = $4,557.12/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. SFBA-B is only available to employees who participate in one of the district's group health insurance plans. * Includes the district portion of single health, dental, vision, life, short-term disability and long-term disability. ** Represents the qualified Oklahoma certification step and can be different from the district step. Only the qualified Oklahoma certification step can be utilized for the TRS credit. *** The State Flexible Benefit Allowance-A is $69.72 per month ($69.72 x 12 = $836.64/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. **** The State Flexible Benefit Allowance-B is $379.76 per month ($379.76 x 12 = $4,557.12/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. SFBA-B is only available to employees who participate in one of the district's group health insurance plans. * Includes the district portion of single health, dental, vision, life, short-term disability and long-term disability. ** Represents the qualified Oklahoma certification step and can be different from the district step. Only the qualified Oklahoma certification step can be utilized for the TRS credit. *** The State Flexible Benefit Allowance-A is $69.72 per month ($69.72 x 12 = $836.64/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment schedule. **** The State Flexible Benefit Allowance-B is $379.76 per month ($379.76 x 12 = $4,557.12/year). One half of the monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the negotiated salary-payment
Appears in 1 contract
Sources: Master Contract
Procedures. If a grievance is not filed within twenty-one (21) calendar days after the individual or the group knew or should have known of the set of conditions on which the grievance is based, the grievance shall be waived.
Step 1 - Any Interpreter who has a grievance may, at their option, discuss the same with the supervisor, or reduce the grievance to writing and have it filed with the supervisor. The parties hereto acknowledge that it supervisor will return a written answer within seven (7) calendar days after receiving the grievance.
Step 2 - In the event a grievance has not been satisfactorily resolved at the first step, the grievant may file, within seven (7) calendar days of the supervisor's written decision at the second step, file a copy of the grievance with the Superintendent. Within ten (10) calendar days after such written grievance is usually most desirable for a teacher filed, the Superintendent or Superintendent's designee shall meet with the grievant and the teacher's immediately involved supervisor SSCEA representative and attempt to resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend The Superintendent or waive Superintendent's designee shall file an answer within thirty (30) calendar days of the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, a second step grievance may be processed as follows:
a. The teacher or the Association may present the grievance meeting and communicate it in writing to the immediately involved supervisorInterpreter, who will arrange for a meeting to take place within 10 teacher work days after the receipt of the grievance. The Association's representative, the grievant, SSCEA representative 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 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. Step 3 - If the grievance is not resolved satisfactorily at Step Astep two, then the grievant or the Association may refer the grievance to the superintendent or the superintendent's official designee Grievant may, within 10 teacher work thirty (30) calendar days after receipt of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for request 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 response, including the reasons for the decision.
c. If the 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 laterClassified Committee. The Board of Education will hear all grievance appeals at shall render a decision within thirty (30) calendar days following 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 date of the meeting, the Association and the grievant shall be provided with the Board of Education's written response, including the reasons for the decision.
d. If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitrationhearing. The Association shall request Boards decision on a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is grievance may not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be deemed withdrawn.
1. The arbitrator shall have no power to alter change or amend 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 Agreementcollective bargaining 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's immediately involved supervisor An attempt must be made to resolve problems through free any potential grievance in informal discussion between the employee and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend his/her building principal or waive the 15 day time limit noted abovesupervising administrator. If, however, the informal process fails to satisfy the teacher or the Associationemployee, a formal grievance may be processed as follows:
a. The teacher or 1. Provided the Association may present the grievance in writing to the immediately involved employee, their immediate supervisor, who will arrange for a meeting to take place within 10 teacher work days after the receipt of the grievance. The Association's representative, the grievantand SEIU agree, and the immediately involved supervisor contract provision grieved is not within the purview of the supervisor, Step 1, Step 2 and/or Step 3 of the grievance procedure may be present for bypassed and the meetinggrievance brought directly to the next step.
2. Step 1 The purpose aggrieved employee must file in writing with the principal or supervising administrator within 15 days from the date of the meeting is occurrence of the event givi8ng rise to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work grievance or within 10 days of the meetinglast informal discussion provided that the first informal discussion occurred within 15 days from the date of occurrence of the event giving rise to the grievance, whichever is later, In the grievant and the Association shall be provided with the supervisor's written response, including the reasons for the decision.
b. If event the grievance is not resolved at Step A, then the grievant or result of events occurring on multiple days the Association may refer last day on which and event occurs will be the grievance to starting point for the superintendent or the superintendent's official designee within 10 teacher work days after receipt fifteen (15) days. The written notification must include items designed by section 2 Content of a Grievance. The member shall notify an SEIU representative of the claim and the representative shall participate in all further discussions outlined in this article.
3. Step 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 2 Within fifteen (15) 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 meetinggrievance, the Association principal or supervising administrator shall submit a written response to the grievant with a copy to the Superintendent and the SEIU ▇▇▇▇▇▇▇. Should the principal, supervising administrator, or grievant shall be provided with feel further conversations are needed before the superintendent's written response, including such conversations must occur within five (5) days of receipt of the reasons grievance and written response must follow within the fifteen (15) day time limit for submitting the decisionresponse.
c. 4. Step 3 If the grievance member or SEIU is not resolved at Step B then satisfied with the grievant or the Association may refer disposition of the grievance or if no disposition has been made within fifteen (15) days, the grievance shall be transmitted to the Board Superintendent and/or designee. Such transmittance shall be within ten (10) days of Education within 10 teacher work days after the receipt of the written response from the principal or supervising administrator or the end of the fifteen (15) day timeline indicated in Step B answer or within 20 teacher work days after the Step B meeting, whichever is the later2. The Board grievant shall meet with the Superintendent and/or designee to discuss the grievance, accompanied by an SEIU representative. The Superintendent and/or designee may request the Principals and other affected persons to attend. The Superintendent and/or designee shall make a written disposition of Education will hear all the 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 within ten (10) days of the such meeting, the Association and the grievant shall be provided with the Board of Education's written response, including the reasons for the decision.
d. 5. Step 4 If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply3, the Association may submit the grievance to binding arbitrationthe Board of Education, such to be filed no later than five (5) days following the written decision of the Superintendent and/or designee. The Association appeal may be in writing or by way of an oral hearing, as SEIU may request, and if the latter, shall request be closed unless otherwise mutually agreed and shall be before the full Board of a panel committee thereof as the Board shall designate. Any such hearing shall be scheduled within ten (10) days of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from date of filing of the list, with the Association striking firstgrievance at Step 4. The remaining person Board shall be communicate its decision in writing to the Arbitratoraggrieved member and the SEIU ▇▇▇▇▇▇▇ within five (5) days following the hearing. Either party Those persons who have the right to participate in the meeting at the Superintendent’s level shall have the right to reject one (1) panel in its entirety before any individual striking is doneappear at the Board hearing, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be deemed withdrawnlegal counsel may also appear.
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 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's his or her immediately involved supervisor to resolve problems through free and informal communications. When requested An attempt shall be made by a teacher, the grievant to resolve any grievance by means of an Association representative may accompany informal verbal communication between the teacher to assist in the informal resolution of the grievance. This informal approach does not extend grievant and his or waive the 15 day time limit noted aboveher immediately involved supervisor. If, however, the informal process fails to satisfy the teacher or the Associationgrievant, a grievance may be processed as follows:
a. The teacher or Step A: If the Association may grievance is not resolved informally, then the grievant shall present the grievance in writing to the immediately involved supervisor. The grievance shall specify the article and clause alleged to have been violated and shall state the remedy sought. The grievance shall be initiated at this step within thirty (30) days from the point the grievant becomes aware of the alleged violation, who will or should have become aware, whichever is later. The immediately involved supervisor shall arrange for a meeting to take place with the grievant within 10 teacher work ten (10) days after the receipt of the grievance. The Association's representative, the grievant, and the immediately involved supervisor may be present shall provide a written answer, which includes the reason for the meeting. The purpose of the meeting is his/her decision to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work days of the meeting, the grievant and within ten (10) days after the Association shall be provided with the supervisor's written response, including the reasons for the decisionscheduled meeting.
b. Step B: If the grievance is not resolved at Step (A), then the grievant or the Association aggrieved may refer the grievance to the superintendent Superintendent or the superintendent's his official designee within 10 teacher work ten (10) days after the receipt of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the laterStep
(A) response. The superintendent Superintendent or his official designee shall arrange for a meeting to take place within 10 teacher work ten (10) days of his 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 Within ten (10) days after 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 Superintendents written response, including which includes the reasons reason for the his/her decision.
c. If the 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 request for the decision.
d. If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration hearing is not filed within 10 teacher work thirty (30) days of the receipt date of the Step C (B) answer, then the grievance shall be deemed withdrawn.
1. Neither the Board of Education nor the Association shall be permitted to assert any grounds or evidence before the arbitrator, which has not previously been disclosed to the other party.
2. The arbitrator arbitrator, in his opinion, shall have no power not amend, modify, nullify, ignore, or add to alter the terms provisions of this Agreement. His/her His authority shall be strictly limited to deciding only the issue or issues presented to him in writing by the Board School District and the Association, and his/her his decision shall must be based only upon his interpretation of the meaning or the application of the express relevant language of this the Agreement.
23. Each party shall bear the full cost costs for its representation in the arbitrationgrievance procedure.
4. The Each party shall share equally the cost of the arbitrator shall be divided equally between and the parties.
3associated filing fees. If either party requests a transcript of the proceedings, that party shall bear the full cost of the costs for that transcript. If both parties order a transcript, the cost costs of the 2 two transcripts shall be divided equally between the partiesBoard and the Association.
5. If the Association or any employee files a copy complaint or suit in a court of the transcript is furnished to the arbitratorcompetent jurisdiction, the cost school district shall not be required to process the claim or set of such shall be divided equally by facts through the partiesgrievance procedure.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher an employee and the teacheremployee's immediately involved immediate supervisor to resolve problems through free and informal communications. When requested by a teacherthe employee, an Association M.E.E.A. representative may accompany the teacher employee to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Associationemployee, a grievance may be processed as follows:
a. STEP I - The teacher or the Association employee may present the grievance in writing to the immediately involved supervisorsupervisor within twenty school days of the occurrence which precipitated the grievance, who will arrange for a or within twenty school days of when the Association became aware of the occurrence which precipitated the grievance. A meeting may be required to take place within 10 teacher work days after discuss the receipt specific details or merits of the grievance. The Association's Such a meeting would include the M.E.E.A. representative, the grievant, and the immediately involved supervisor may be present for the supervisor. Within 2 days of this meeting. The purpose , if held, or within five days of receipt of the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work days of the meetingwritten grievance, the grievant and the Association 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 AI, then the grievant or the Association employee may refer the grievance to the superintendent or the superintendent's official designee within 10 teacher work 15 days after receipt of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the laterI answer. The superintendent shall arrange with the M.E.E.A. representative for a meeting to take place within 10 teacher work 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 response, including the reasons for the decision, where pertinent and appropriate.
c. STEP III - If the grievance is not resolved in Step I and II, then the employee may refer the grievance to the Board within 15 days after receipt of the Step II answer. The Board shall arrange with the M.E.E.A. representative for a meeting within 5 days of the Board's receipt of the appeal. Each party shall have the right to include in its representation such witnesses or and counselors as it deems necessary. The purpose of the meeting is to resolve the issue. Within 10 teacher work 5 days of the meeting, the Association and the grievant employee shall be provided with the superintendentBoard's written response, including the reasons for the decision, where pertinent and appropriate.
c. If the 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 disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be 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 1 contract
Sources: Professional Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher an employee's and the teacheremployee's immediately involved supervisor to resolve problems through free and informal communications. When requested by a teacherthe employee, an Association representative may accompany the teacher employee to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher employee or the Association, a grievance may be processed as follows:
a. a) The teacher filing of the grievance at the first step must be within a reasonable length of time, but not to exceed ten (10) school days from the date of the occurrence of the event giving rise to the grievance. The written grievance should state the nature of the grievance, should note the specific clause or clauses of the Association may present Agreement allegedly violated, and should state the remedy requested.
b) The grievant shall file the grievance in writing to with the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work ten (10) school days after the receipt of the grievance. The Association's Association representative, whether requested by the grievant or not, 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 5 teacher work ten (10) school days of the meeting, the grievant and the Association shall be provided with the supervisor's written response, including the reasons for the decisiondecisions.
b. c) If the grievance is not resolved at Step Ain step one, then the grievant or the Association may refer the grievance to the superintendent Superintendent or the superintendentSuperintendent's official designee within 10 teacher work days after receipt of the Step A answer or within 15 teacher work ten (10) school days after the Step A step one response or within ten (10) school days after the step one meeting, whichever is the later. The superintendent Superintendent shall arrange with the grievant for a meeting to take place within 10 teacher work ten (10) school days of the Superintendent's receipt of the appeal. Each party shall have the right to include in its the representation such witnesses or and counselors as it deems necessary. The purpose of the meeting is to resolve the issue. Within 10 teacher work ten (10) school days of the meeting, the Association grievant and the grievant Association shall be provided with the superintendentSuperintendent's written response, including the reasons for the decision.
c. d) If the grievance is not resolved at Step B in step two, then the grievant or the Association may refer the grievance to the Board. The grievance is to be filed with the secretary of the Board within a reasonable length of Education within 10 teacher work days time after the receipt of the Step B response in step two, but not to exceed twenty (20) school days of the answer or within 20 teacher work days after the Step B meeting, whichever is the laterreceived in step two. The Board of Education will hear all grievance appeals shall be placed on the agenda for presentation by the Association at the next regularly scheduled Board of Education meeting. Each party shall have the right to include meeting in its representation such witnesses or counselors as it deems necessaryClosed Session. Within 10 teacher work ten (10) school days of the meeting, the Association grievant and the grievant Association shall be provided with the Board of EducationBoard's written response, including the reasons for the decision.
d. e) If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written replystep three, the Association may submit the grievance to final and binding arbitration. The arbitration within thirty (30) days to the American Arbitration Association which shall request a panel of seven (7) arbitrators from act as the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be 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 administrator 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 1 contract
Sources: Collective Bargaining Agreement
Procedures. 1. Grievance proceedings shall be kept informal at all levels of this procedure.
2. The parties hereto acknowledge that it is usually most desirable for a teacher number of days indicated at each level of this procedure shall be considered maximum, and every effort shall be made to expedite the teacher's immediately involved supervisor process.
3. If the District fails to resolve problems through free and informal communications. When requested by a teachercomply with the time limit requirements as set forth in these procedures, an Association representative may accompany the teacher to assist matter will be adjudicated in the informal resolution favor of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. The teacher or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work days after the receipt of the grievance. The Association's representative, the grievant, and 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 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. 4. If the grievance is not resolved at Step A, then the grievant or the Association may refer Union fails to comply with the time limit requirements as set forth in these procedures, the grievance to the superintendent or the superintendent's official designee within 10 teacher work days after receipt shall be considered null and void.
5. The time limits set forth herein may be extended by mutual written agreement of the Step parties.
6. A answer or within 15 teacher work grievance shall not be considered unless the grievant initiates the grievance no later than five (5) working days after the Step grievant became aware of the circumstances which gave rise to the grievance.
7. A meetinggrievant may be accompanied and represented by the Federation at any hearing or meeting conducted under this procedure. In the case of a District-filed grievance, whichever is the laterDistrict may be represented at any hearing or meeting conducted under this procedure by a District administrator or counsel of choice. The superintendent shall arrange for party in interest against whom the grievance has been filed may be accompanied and represented by a meeting to take place within 10 teacher work days of receipt representative of the appealparties choice at any hearing or meeting conducted under this procedure.
8. Each No reprisal or retaliation by any party shall have to 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 grievance shall be provided with the superintendent's written responsetaken against either a grievant or a party in interest, including the reasons for the decision.
c. If the grievance is not resolved at Step B then any witnesses, as a result of participation by the grievant or the Association party in interest in the processing and the proceedings of a grievance.
9. An employee, acting individually, may refer present a grievance without the intervention of the Federation provided the grievance to the Board has been processed in accordance with this procedure. At any hearing 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 a 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 meetingbrought individually by an employee, the Association Federation, as a party to this Agreement, will be afforded the opportunity to be present and the grievant present its views. Any adjustment shall be provided consistent with the Board of Education's written response, including the reasons for the decision.
d. If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be 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 provisions of this Agreement.
210. Each party Nothing contained herein shall bear be construed to limit in any way the full cost for its representation ability of the District and the grievant to resolve any grievance through informal means, if such resolution is consistent with the provisions of this Agreement.
11. The parties shall cooperate in any investigation which may be necessary in order to expedite the process.
12. All documents related to a grievance shall be maintained as a permanent file separate from the employee's personnel file. File maintenance documents and documentation related to an employee's performance or discipline which were introduced during the grievance process may be filed in the arbitration. The cost employee's personnel file unless they are removed as part of the arbitrator grievance redress.
13. All grievances and grievance responses shall be divided equally between the partiesprocessed in accordance with this Agreement.
314. 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 Unless otherwise agreed to the arbitrator, the cost of such shall be divided equally by the parties, the processing of grievances shall be conducted before or after the grievant's work day.
15. All grievances shall be processed in accordance with this Agreement. This is the only grievance procedure available to the parties covered by this agreement.
16. A grievance cannot be filed by a former employee after the effective date of resignation.
17. Grievances submitted on behalf of the District shall be initiated by the Superintendent or his/her designee by filing the grievance with the Union President or designee at Level Three.
18. Prior to filing of any grievance, all effort should be made to resolve the issue informally between the employee(s) and the immediate supervisor or between the Union and the District as the case may be.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher incumbent upon the employee and the teacher's immediately involved his/her immediate supervisor to resolve problems through free and informal communications. When requested by a teacherthe employee, an the Association representative may accompany the teacher employee in order to assist in the informal resolution of the grievance. This informal approach does not extend or waive Nothing contained herein shall be construed as limiting the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, right of any employee having a grievance may be processed as follows:to discuss the matter informally with his/her immediate supervisor and having the grievance adjusted, provided the adjustment is not inconsistent with the terms of this Agreement.
a. A. LEVEL ONE The teacher formal grievance procedure begins when an employee or the Association may present presents the grievance in writing to the immediately involved immediate supervisor. The grievance statement must specify the nature of the grievance, who will section of this agreement which has been violated, and the remedy sought. Such a grievance shall be submitted within twenty (20) days of the occurrence or date the grievant should reasonably have known of the event giving rise to the grievance. The supervisor shall arrange for a meeting with the grievant and Association representative to take place within 10 teacher work ten (10) days after receipt of the statement. The supervisor shall provide a written answer to the grievance together with supporting reasons therefore. Copies shall be given to the grievant, the Association and to the Superintendent within ten (10) days after the 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 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. B. LEVEL TWO If the grievance is not resolved at Step ALevel One, then or if no written answer has been rendered within ten (10) days after meeting, the grievant or the Association may refer file the written grievance to with the superintendent Superintendent within five (5) days of the Level One written answer or the superintendent's official designee within 10 teacher work days after receipt due date of the Step A answer or within 15 teacher work days after the Step A meetingLevel One answer, whichever is the latersooner. The superintendent Superintendent or his designee shall arrange for schedule a meeting to take place within 10 teacher work days of receipt of with 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 meetinggrievant, the Association and the grievant shall be provided with the superintendent's written response, including the reasons for the decision.
c. If the grievance is not resolved at Step B then the grievant or the Association may refer the grievance to the Board of Education supervisor within 10 teacher work days after the receipt of the Step B answer or within 20 teacher work days after the Step B meeting, whichever is the later. The Board of Education will hear all grievance appeals at the next regularly scheduled Board of Education meeting. Each party shall have the right to include in its representation such witnesses or counselors as it deems necessary. Within 10 teacher work days of the meeting, the Association and the grievant shall be provided with the Board of Education's written response, including the reasons for the decision.
d. If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be 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.thirty
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for Step 1. Within ten (10) school days of the time a teacher and grievance arises, or within ten (10) school days of when the teacher's immediately involved supervisor grievance should reasonably have become known, the CHESS Association member will present the grievance to resolve problems through free his/her immediate supervisor. Free and informal communicationscommunications are encouraged. When requested by a teacher, an Association representative may accompany Within ten (10) school days after the teacher to assist in the informal resolution presentation of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. The teacher or the Association may present the grievance in writing supervisor shall give his/her written answer orally to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work days after griever. At the receipt request of the grievance. The Association's representativegrieved, the grievant, and the immediately involved supervisor may be present for the meetinggriever shall submit a “Statement of Grievance.”
Step 2. The purpose of the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work days of the meeting, the grievant and the Association shall be provided with the supervisor's written response, including the reasons for the decision.
b. If the grievance is not resolved at in Step A1, then the grievant or the CHESS Association may refer the grievance to the superintendent or the superintendent's official designee representative may, within 10 teacher work days after receipt of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work ten (10) school days of receipt of the appeal. Each party shall have Step 1 answer (written or oral), submit to the right to include in its representation such witnesses building principal, 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 response, including the reasons for the decision.
c. If if the grievance is not resolved at Step B then the grievant or the Association may refer the grievance a District issue, to the Board Director of Education within 10 teacher work days after Human Resources, a written “Statement of Grievance” signed by 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 necessaryemployee. Within 10 teacher work days of the meeting, the Association and the grievant shall be provided with the Board of Education's written response, including the reasons for the decision.
d. If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven ten (710) 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 school days of the receipt of the Step C 2 grievance, the building principal/Director of Human Resources shall hold a Step 2 grievance conference. Within ten (10) school days of the Step 2 grievance conference, the building principal/Director of Human Resources shall issue a written Step 2 grievance answer, then .
Step 3. If the grievance is not resolved in Step 2, the grievant or the CHESS Association may, within fifteen (15) school days of the Step 2 grievance conference, submit a Step 3 grievance to the Superintendent. Within ten (10) school days of the receipt of the Step 3 grievance, the Superintendent, and/or other representatives of the Board, shall be deemed withdrawnhold a Step 3 grievance conference. Within ten (10) school days of the Step 3 grievance conference, the Superintendent shall issue a written Step 3 grievance answer.
1Step 4. The arbitrator 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 no power the right to alter appeal the terms of this Agreement. His/her authority shall be strictly limited dispute to deciding only final and binding arbitration under and in accordance with the issue or issues presented to him by the Board and the Association, and his/her decision shall be based only upon interpretation Voluntary Labor Arbitration Rules of the meaning or American Arbitration Association. Such appeal must be taken within thirty (30) days from the application date of the express relevant language of this Agreement.
2. Each party shall bear the full cost conference provided for its representation in the arbitration. The cost of the arbitrator shall be divided equally Step 3 above unless a longer time is jointly agreed upon 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 1 contract
Sources: Negotiation Agreement
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher an employee and the teacheremployee's immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, a teacher, an Association representative local association member may accompany the teacher employee to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher employee or the Association, a grievance may be processed as follows:
a. 3.2.1 Step 1 - The teacher or the Association may present the grievance must be presented in writing to the immediately involved supervisor, within ten (10) working days of the date of the event giving rise to the grievance, who will arrange for a meeting to take place within 10 teacher work five (5) working days after the receipt of the grievance. The Association's representativerepresentative (optional), the grievant, and the immediately involved supervisor may shall be present for the meeting. The purpose of the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work five (5) working days of the meeting, the grievant and the Association shall be provided with the supervisor's written response, including the reasons reason(s) for the decision.
b. 3.2.2 Step II - If the grievance is not resolved at Step A, I then the grievant employee, or the Association Association, may refer the grievance to the superintendent or the superintendent's official designee within 10 teacher work five (5) working days after receipt of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the laterI answer. The superintendent shall arrange with the Association representative for a meeting to take place within 10 teacher work 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 or and counselors as it deems necessary. The purpose of the meeting is to resolve the issue. Within 10 teacher work five (5) working days of the meeting, the Association and the grievant shall be provided with the superintendent's written response, including the reasons reason(s) for the decision.
c. If the grievance is not resolved at 3.2.3 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. III - If the Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written replyII, the Association may submit the grievance to binding arbitrationthe Panhandle Community Unit District #2 Board of Education. The Association shall request a panel of seven Board will have ten (710) arbitrators from calendar days to resolve the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with grievance.
3.2.4 Step IV - If the Association striking firstis not satisfied with disposition of the grievance at Step III, the Association may submit the grievance to final and binding arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association. The remaining person shall be the Arbitrator. Either party shall have the right parties may use AAA, FMCS, or a mutual selection 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 listdetermine an arbitrator. If a demand for arbitration is not filed within 10 teacher work thirty (30) days of the receipt of date for the Step C III answer, then the grievance shall be deemed withdrawn.
1. The arbitrator shall have no power to alter 3.2.4.1 Neither the terms Board of this Agreement. His/her authority Education nor the Association shall be strictly limited permitted to deciding only the issue assert any grounds 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 evidence before 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 which has not previously been disclosed to the arbitrator, the cost of such shall be divided equally by the partiesother party.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge that A. Any grievance must be filed within ten (10) days of the aggrieved act or it shall be deemed forever waived by the grievant.
B. Since it is usually most desirable for a teacher and the teacher's immediately involved supervisor to resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, important that a grievance may be processed as follows: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.
a. The teacher C. In the event a grievance is filed on or after the Association may present closing of the school year, which, if left unresolved until the beginning of the following school year, could result in irreparable harm to a party in interest, the parties agree to make a good faith effort to reduce the time limits set forth herein so that the grievance in writing procedure may be exhausted as soon as is practicable.
D. Nothing herein contained will be construed as limiting the right of any grievant having a grievance to discuss the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work days after the receipt matter informally and confidentially with any appropriate member of the grievance. The administration, and having the grievance adjusted without intervention of the Association's representative; provided the adjustment is not inconsistent with the terms of this grievance procedure.
E. Any aggrieved person may be represented at all stages of the grievance procedure by himself/ herself, or, at the grievant’s option, and by a representative selected or approved by the immediately involved supervisor may be present for the meetingAssociation. The purpose of the meeting is to resolve the issue as the supervisor is empowered to do so. Within 5 teacher work days of the meeting, the grievant and In any event the Association shall be provided have a right to have a representative present and to state its views at all stages of the grievance procedure.
F. Oral Informal Discussion with Principal or Immediate Supervisor A grievant with a grievance must first discuss it informally with the principal or where the grievant is not under the direct supervision of a principal, with the grievant’s immediate supervisor's . The principal/immediate supervisor shall prepare a written responsememo of the discussion noting the date of the aggrieved act, including the reasons for date the decisioncomplaint 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.
b. G. Level One - Written Formal Grievance to Principal 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 Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the appeal. Each aggrieved 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 response, including the reasons for the decision.
c. If the 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 disposition of the grievance at Step C by the principal or immediate supervisor, the grievant may file a written grievance with the principal/immediate supervisor on forms provided by the School District and the Association within five (5) days of the informal conference or ten (10) days of the aggrieved act, whichever is longer. The principal shall communicate the decision in writing to all parties in interest within five (5) days after receipt of the grievance. The decision shall include supporting reasons therefor.
H. Level Two - Executive Director of Human Resources Within five (5) days of receipt of the decision rendered by the principal/immediate supervisor, any party in interest may appeal the principal’s/immediate supervisor’s decision to the Executive Director ofHumanResourcesonformsprovidedbytheSchoolDistrictandtheAssociation.The appeal shall include a copy of the Level One decision and the grounds for regarding the decision as incorrect. Within five (5) days of receipt of the appeal, the Executive Director of Human Resources shall communicate a decision in writing to all parties in interest. The decision shall include supporting reasons therefor.
I. Level Three - Superintendent Within five (5) days of receipt of the decision rendered by the Executive director of Human Resources, any party in interest may appeal the Director’s decision to the Superintendent, or designee, on forms provided by the SchoolDistrictandtheAssociation.Theappealshallinclude a copy of the decisions of Level One and Level Two and the grounds for regarding the decision as incorrect. Within ten (10) days after receipt of the appeal, the Superintendent, or designee, shall communicate the decision in writing to all parties in interest. The decision shall include supporting reasons therefor.
J. Level Four - Board of Education Within five (5) days of receipt of the decision rendered by the Superintendent, any party in interest may appeal the Superintendent’s decision to the Board of Education on forms provided by the School District and the Association. The appeal shall include a copy of decisions of Level One, Level Two, Level Three and the grounds for regarding the decision as incorrect. Within ten (10) days after receipt of the appeal, the Board of Education shall set a hearing for the grievance and shall forward written notice of the time limits expire without and place of the issuance hearing to all parties in interest. Within fifteen (15) days of hearing of the appeal, the Board of Education shall communicate its decision in writing to all parties in interest. The decision shall include supporting reasons therefor. The decision of the Board of Education's written replyEducation 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 grievance to binding arbitration. The Association shall request a panel Superintendent directly and the processing of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be deemed withdrawncommenced at Level Three.
1. The arbitrator shall have no power Q. All parties in interest are required to alter exhaust the terms 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. His/her authority 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 strictly limited to deciding only the issue or issues presented to him made by a majority consent of both the Board and the Association, and his/her decision . If any provision or application of this Agreement shall be based found contrary to law, such provision or application shall have effect only upon interpretation 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 meaning or monthly amount to be paid on a semi-monthly (twice per month) basis commencing and ending with the application 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 express relevant language 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 this Agreement.
2the district's group health insurance plans. Each party * 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 bear be per placement on the full cost 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 its representation membership in the arbitration. The cost of bargaining unit from the arbitrator 2011-2012 fiscal year funds shall be divided equally between paid for that fiscal year only. In addition, any stipend paid to any employee eligible for membership in the parties.
3. If either party requests a transcript bargaining unit from the 2011-2012 fiscal year shall NOT be included in the definition 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.“salary” or “salary level” or “benefits” or “compensation” in determining any employee’s salary or salary level or benefits or compensation under any statute
Appears in 1 contract
Sources: Master Contract
Procedures. The parties hereto acknowledge that it is usually most desirable for a teacher and the teacher's immediately involved supervisor to resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails to satisfy the teacher or the Association, a grievance may be processed as follows:
a. The teacher or the Association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work days after the receipt of the grievance. The Association's representative, the grievant, and 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 5 teacher work days of the meeting, the grievant and the Association Grievance proceedings shall be provided with the supervisor's written response, including the reasons for the decisionkept informal and confidential at all levels of this procedure. Breach of confidentiality may result in disciplinary action.
b. If the grievance is not resolved The number of days indicated 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 each level of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the 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 this procedure shall be provided with considered a maximum, and every effort shall be made to expedite the superintendent's written response, including the reasons for the decisionprocess.
c. If the grievance is not resolved at Step B then College fails to comply with the grievant or time limit requirements as set forth under any of the Association may refer procedure levels, the grievance shall be considered automatically appealed to the Board of Education within 10 teacher work days after the receipt next level 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 decisionprocedure.
d. If the Association is not satisfied grievant fails to comply with the disposition grievant’s time limit requirements as set forth under any of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written replyprocedure levels, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be deemed withdrawnconsidered null and void.
1e. 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.
▇. The arbitrator shall have no power ▇ ▇▇▇▇▇▇▇▇ and the party charged may be accompanied and represented at any hearing or meeting conducted under this procedure.
i. An adjunct faculty member, acting individually, may present a grievance without the intervention of the Federation provided the grievance has been processed in accordance with this procedure. At any hearing of a grievance brought individually by an adjunct faculty member, the Federation as a party to alter the terms of this Agreement, will be afforded the opportunity to be present and present its views. His/her authority Any adjustment made shall be strictly limited to deciding only consistent with 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 provisions of this Agreement.
2j. If a grievance affects a group of two or more adjunct faculty members of the bargaining unit or involves a decision or action by the College that has a system-wide impact, the Federation may submit the grievance on behalf of the affected adjunct faculty members at Level Two of this procedure. Each party The parties may submit this grievance at Level One if all of the members of the bargaining unit affected by the grievance have the same supervisor.
k. The parties shall bear cooperate in any investigation that may be necessary in order to expedite the full cost for its representation process.
l. All documents related to a grievance shall be maintained in a separate grievance file and shall not be kept in the arbitration. The cost personnel file of any of the arbitrator grievance participants.
m. All grievances and grievance responses shall be divided equally between filed and processed on grievance forms mutually agreed upon by the partiesparties and contained in an Appendix of this Agreement.
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 n. Unless otherwise agreed to the arbitrator, the cost of such shall be divided equally by the parties, the processing of grievances shall be conducted during non-instruction time.
o. All decisions shall be submitted in writing at each step of the grievance procedure and the decision shall be submitted to both the grievant and the Federation.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedures. The parties hereto acknowledge A. In the event that it a grievant believes there is usually most desirable a basis for a teacher and the teacher's immediately involved supervisor to resolve problems through free and informal communications. When requested by a teacher, an Association representative may accompany the teacher to assist in the informal resolution of the grievance. This informal approach does not extend or waive the 15 day time limit noted above. If, however, the informal process fails 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 satisfy the teacher or District and have such grievance adjusted without the intervention of the Association, a grievance may be processed as follows:
a. The teacher or long as the Association may has been given an opportunity to be present the grievance in writing at that adjustment and to the immediately involved supervisor, who will arrange for a meeting to take place within 10 teacher work days after the receipt of the grievance. The Association's representative, the grievantmake its views known, and the immediately involved supervisor may be present for the meeting. The purpose of the meeting is to resolve the issue as long as the supervisor adjustment is empowered to do so. Within 5 teacher work days of the meeting, the grievant and the Association shall be provided not inconsistent with the supervisor's written response, including the reasons for the decisionterms of this Agreement.
b. C. If the grievance is not resolved at Step Ain A or B above, then formal grievance procedures may be instituted.
STEP 1. The grievant may invoke the grievant or formal grievance procedure through the Association may refer on the grievance form which will be available from the Association representative in each building. A copy of the grievance form shall be delivered to the superintendent principal or appropriate supervisor. If the superintendent's official designee 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 10 teacher work days after receipt of the Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the 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 twenty (20) days of the occurrence or knowledge of the event of which he/she complains.
STEP 2. If the grievant is not satisfied with the disposition of the grievance, the grievance shall be transmitted to the Superintendent within five (5) days. Within ten (10) days upon receipt the Superintendent or acting superintendent shall meet with the grievant and his/her Association representative on the grievance and shall indicate his/her disposition of the grievance in writing within five (5) days of such meeting, and shall furnish a copy thereof to the Association grievant(s) and to the Association.
STEP 3. If the grievant shall be provided with the superintendent's written response, including the reasons for the decision.
c. If the grievance is not resolved at Step B then the grievant or 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 disposition of the grievance at Step C or by the time limits expire without superintendent, the issuance grievance shall be transmitted to the Chairman of the School Board within five (5) days. Within ten (10) days upon receipt the Board shall meet with the grievant and his/her Association representative on the grievance and shall indicate the disposition of Education's written replythe 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 Association grievance, only at the option of the Association, may submit the grievance to binding arbitrationbe submitted before an impartial arbitrator. The Association shall request a panel exercise its rights of seven arbitration by giving the Superintendent written notice of its intention to arbitrate within ten (710) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answer, then the grievance shall be 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 written disposition of the meaning or Board. If 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 parties cannot agree to 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.within five
Appears in 1 contract
Sources: Collective Bargained Agreement
Procedures. The parties hereto acknowledge adjustment of grievances will be accomplished as rapidly as possible. In order to insure rapid resolution of grievances, the number of days within which each step is prescribed to be accomplished shall be considered as maximum and every effort shall be made to expedite the process. Failure by the district and/or respondent to comply with the time limits shall cause the grievance to be waived. Failure by the district to comply with the time limits shall be construed as a denial of the grievance at that it is usually most desirable for a teacher level. Under unusual circumstances, the time limits prescribed in this section may be extended by mutual consent of the grievant and the teacher's immediately involved District and/or respondent.
LEVEL 1 The grievant shall first discuss the grievance with the employee’s immediate supervisor in private conferences within twenty (20) days of the occurrence of the event upon which the grievant became aware or reasonably should have become aware of the events upon which the grievance is based, whichever shall be later. Every effort shall be made to resolve problems through free and adjust the grievance in an informal communicationsmanner. When requested If the grievant is dissatisfied with the outcome of the initial private conference, the grievant must request, in writing, a formal conference with the immediate supervisor, at which time the grievant may be accompanied by a teacher, representative from the grievance committee. Every effort should be made to develop an Association representative may accompany understanding of the teacher facts and issues in order to assist in create a climate which will lead to a solution. The formal conference shall occur within five (5) days of the written request or the informal resolution of conference. In the grievance. This informal approach does event that the grievance is not extend or waive the 15 day time limit noted above. If, howeverresolved at ▇▇▇▇▇ ▇, the informal process fails to satisfy grievant may within ten (10) days appeal the teacher or the Association, a grievance may be processed as follows:
a. The teacher or the Association may present the grievance matter in writing to the immediately involved supervisorSuperintendent of the District or another administrator from either the Coulee-▇▇▇▇▇▇▇▇ or ▇▇▇▇▇▇ District when the grievant’s immediate supervisor is also the Superintendent. The Superintendent, who will arrange for the Superintendent’s designated representative, or other named administrator shall confer with the grievant in an effort to meet a satisfactory solution within a reasonable time limit. If the grievance has not been resolved within ten (10) days after the grievance was discussed with the Superintendent or the Superintendent’s designee pursuant to ▇▇▇▇▇ ▇ above, then the grievant may request a meeting with the Board of Directors for the purpose of presenting the grievance to take place 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 10 teacher work fifteen (15) days after the receipt of the grievance. The Association's representativewritten request, 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 5 teacher work days of the meeting, confer with the grievant and within five (5) days, render a decision to be submitted to the Association shall be provided with grievant in writing. In the supervisor's written response, including the reasons for the decision.
b. If event that 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 Step A answer or within 15 teacher work days after the Step A meeting, whichever is the later. The superintendent shall arrange for a meeting to take place within 10 teacher work days of receipt of the 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 response, including the reasons for the decision.
c. If the 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 settled by the disposition of the grievance at Step C or the time limits expire without the issuance of the Board of Education's written reply, the Association may submit the grievance to binding arbitration. The Association shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Each party shall take turns striking one (1) name from the list, with the Association striking first. The remaining person shall be the Arbitrator. Either party shall have the right to reject one (1) panel in its entirety before any individual striking is done, and if a party rejects a list the Association shall request another list. If a demand for arbitration is not filed within 10 teacher work days of the receipt of the Step C answerBoard, 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.within five
Appears in 1 contract
Sources: Collective Bargaining Agreement