PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided. B. The grievant may invoke the formal grievance procedure on the form set forth in annexed Schedule C, signed by the grievant and a representative of the Association, which form shall be available for the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by him. C. Within five (5) school days of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association. D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association. E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association. F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator: 1. The termination of service of or failure to reemploy any probationary teacher. 2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement. G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him. H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association. J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided.
B. The grievant may invoke the formal grievance procedure on the form set forth in annexed Schedule C, signed by the grievant and a representative of the Association, which form shall be available for the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by him.
C. Within five (5) school days of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent an alleged misapplication, misinterpretation, or his designee shall meet with the Association on the grievance and indicate his disposition violation of the grievance in writing within five (5) school days express terms of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafterthis contract. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter also be submitted to arbitration. If filed concerning the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by compliance with written board policies that directly affect the terms of this Agreement and Agreement, but no grievance may be filed concerning the reasonableness of such a policy except where it shall be alleged that it violates the express terms of this Agreement. It is expressly understood that the Board of Education shall have no power the right to modify, amend or authority abrogate written Board policy, but not to amendthe extent that said modification, alter amendment or modify abrogation conflicts with any rights granted pursuant to this Agreement either directly or indirectly, or to rule upon a specific grievance considered settledAgreement. In addition, the The following may matters shall not be considered by the arbitratorbasis of any grievance filed under the procedure outlined in this Article:
1. The termination of service of services or the failure to reemploy re-employ any probationary teacher. This does not apply to certified professional personnel not eligible to acquire tenure, starting with their fifth year of employment with the district.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff The termination of services or the failure to recall, if employ or re-employ any teacher to a position on Schedule B.
3. Any matter involving the results of teacher evaluation.
4. It is expressly understood that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator grievance procedure shall not determine apply in those areas in which the merits Tenure Act prescribes a procedure or authorizes a remedy (discharge and/or demotion).
B. The Association shall designate one (1) representative per building to handle grievances when required by the grievant and shall inform the building principal of any grievance unless arbitrability has been affirmatively decidedhis name and an alternate if the Association shall elect one.
C. The term “days” as used herein, shall mean days on which school is in session during the school year and days on which Central Office is open for business during the summer months. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The specified time limits provided in this article shall be strictly observed but herein may be extended by written agreement mutual agreement.
D. Written grievances as required herein shall contain the following:
1. It shall be signed by the grievant or grievants.
2. It shall be specific.
3. It shall contain a synopsis of the parties. In the event a grievance is filed after May 15 of any year and strict adherence facts giving rise to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possiblealleged violation.
I. If an individual teacher has a personal complaint which he desires 4. It shall cite the section or subsections of this contract or the written Board policy alleged to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Associationhave been violated.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from 5. It shall contain the date of an alleged incidentviolation.
6. It shall specify the relief requested. Any written grievance not substantially in accordance with the above requirements may be rejected by the Administration as improper; and, any written grievance not substantially in accordance with the above requirements shall be rejected by the Association as improper and shall not be pursued by the Association nor the grievant. Such rejection shall not extend the limitations hereinafter set forth.
Appears in 4 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher 20.1 Any teacher, or the Association that there has been Association, having a violation, misinterpretation complaint or misapplication of any provision dispute resulting from an interpretation or application of this Agreement or any rule, order or regulation of the Board may be processed policies and procedures of the Board, shall use the following procedure in a pursuit of settlement of such complaint or dispute hereinafter referred to as a grievance. All time limits are working days and are to be computed from the day the prior step was completed. At any point or step in the procedure where the Association is satisfied with the results of action taken, the grievance as hereinafter providedshall be considered settled. Such satisfaction at any point shall be indicated by the Association. The Association shall be represented at all steps in this Article.
B. Step 1 The grievant may invoke teacher shall have verbal discussion with the formal grievance procedure on administrator involved and/or the form set forth in annexed Schedule C, signed by building principal. Such discussion shall take place within ten (10) days of occurrence or knowledge of occurrence of such a grievance.
Step 2 The Association shall furnish the grievant and administrator involved a representative of the Association, which form shall be available for the Association representative in each building. A written copy of the grievance form within ten (10) days. (Forms furnished by the Association.)
Step 3 The administrator involved shall be delivered to contact the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by him.
C. Within Association within five (5) school days and shall schedule a meeting unless by mutual agreement it is determined that a meeting is not necessary. The administrator shall respond in writing to the Association within ten (10) days of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the written grievance. The principal or supervisor Association shall indicate his disposition of respond to the grievance administrator in writing within five (5) school days of such meeting, and shall furnish a copy thereof expressing satisfaction or desire to proceed to the Associationnext step.
D. If the Association is not satisfied Step 4 The Superintendent, or his designee, shall meet within seven (7) days with the disposition representatives of the grievanceAssociation. The Superintendent will give his decision, or if no disposition has been made in writing, within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the SuperintendentAssociation. Within five (5) school days the superintendent or his designee The Association shall meet with the Association on the grievance and indicate his disposition of the grievance in writing respond within five (5) school days of such meeting, and shall furnish a copy thereof indicating satisfaction or desire to proceed to the Associationnext step.
E. If Step 5 In the Association is event that a grievance cannot satisfied with the disposition be resolved at Step 4 of the grievance by procedure, then such grievance arising out of or relating to the Superintendent interpretation or his designee, or if no disposition has been made within five (5) school days the application of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance this Agreement shall be submitted to arbitration under the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee Voluntary Labor Arbitration Rules of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association Association. The parties further agree to accept the arbitrator's decision as final and delivering a copy binding upon them. Notification of this Form intent to use arbitration must be filed with the Employer through the Superintendent's Office other party within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as writtendays. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amendadd to, alter detract from, alter, or modify the terms of this Agreement either directly or indirectlyagreement. Each party will bear the full costs for its side of the arbitration and will pay for one-half the costs of the arbitrator.
20.2 The griever may be excused from any step of this grievance procedure by mutual agreement.
20.3 Time limits indicated shall be observed by the Board and the Association, or to rule upon except that a specific grievance considered settled. In addition, the following regarding an event occurring during summer recess may not be considered limited by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement Step 1 of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any partyprocedure for initiation, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall but must be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.commenced within ten
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation misrepresentation, or misapplication of any provision of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided.
B. 1. The grievant may invoke following matters shall not be the formal basis of any grievance filed under the procedure outlined in this article:
a. The termination of services of or failure to re-employ any probationary teacher.
b. The termination of any teacher to a position on the form extracurricular scale.
B. In the event that a teacher believes there is a basis for a grievance, he/she shall first discuss the alleged grievances with his/her building principal, either personally or accompanied by his/her Association representative within five (5) days of becoming aware of the alleged incident.
C. If, as a result of the informal discussions with the building principal, a grievance still exists, he/she may, within five (5) work days, set forth in annexed Schedule Cthe grievance on a form, signed by the grievant and a representative of the Association, which form shall be available for the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisorprincipal. If the grievance involves more than one (1) school building, it may be filed with the superintendent or a representative designated by himdesignee.
C. D. Within five (5) school calendar days of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his his/her disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school calendar days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) calendar days of such meeting (or ten (10) calendar days from the date of filing, whichever shall be later), the grievance shall be transmitted to the superintendent or designee who shall meet with the Association on the grievance and shall indicate his/her disposition of the grievance in writing within five (5) calendar days of such meeting, and shall furnish a copy thereof to the Association.
F. If the Association is not satisfied with the disposition of the grievance by the Superintendent superintendent or his designee, or if no disposition has been made within five (5) school work days of such meeting (or ten (10) school work days from the date of filingfiling with the Superintendent, whichever shall be is later), the grievance shall be submitted transmitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be is later, shall hold a hearing meet with the Association on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) work days thereafter. A copy of such disposition shall be furnished to the Association.
F. The G. If the Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form not satisfied with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt disposition of the grievance by the Board's written disposition. If the Board fails to answer a grievance , or if no disposition has been made within the time limits set forth in Paragraph Eperiod above provided, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If arbitration before an impartial arbitrator by written notice to that effect from the Association does not request arbitration in to the manner or Board within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last dispositionseven (7) calendar days. If a grievance is to be submitted to arbitration, the The arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant in accord with its rules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to their rules assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties will be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction. The arbitrator shall have no authority to issue a decision on the merits of a prohibited or illegal bargaining subject.
H. The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacherparties.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. I. The time limits provided in this article the Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 15th of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisorJ. Notwithstanding the expiration of this Agreement, he is free to do so without recourse to any claim or grievance arising hereunder may be processed through the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Associationprocedure until resolution.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 4 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A Any claim by the Association or a teacher or the Association that there has been a violation, misinterpretation misinterpretation, or misapplication of any provision the terms of this the Agreement or violation of any rule, order or regulation of the Board may established policy shall be processed as a grievance as hereinafter providedand shall be resolved through the procedure set forth herein.
B. In the event that a teacher, or the Association believes there is a basis for a grievance, the teacher or representative of the Association within thirty (30) working days of the time the teacher knew of the circumstances giving rise to the grievance, shall first discuss the alleged grievance with the building principal either personally or accompanied by the Association Representative. The grievant grievance process may begin at the Superintendent’s level when the building principal is not involved with an alleged incident.
C. If, as a result of the informal discussion with the building principal, a grievance still exists, the teacher or representative of the Association may, within ten (10) working days, invoke the formal grievance procedure through the Association on the form set forth in annexed Schedule Cgrievance report form, signed by the grievant and a representative of the Association, which . Said form shall be available for from the Association representative Representative in each building. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school buildingbuilding principal, it may be filed with the superintendent Superintendent or a representative designated by him.
C. D. Within five (5) school working days of receipt of the grievance, grievance the principal or supervisor shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his his/her disposition of the grievance in writing within five (5) school working days of such meeting, meeting and shall furnish a copy thereof to the Association. If the Association desires to proceed to the next step, it shall do so within fifteen (15) calendar days of the principal’s disposition.
D. E. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school working days of such meeting (or ten ([10) school ] working days from the date of filing, whichever shall be later, ) the grievance shall be transmitted to the Superintendent. Within five seven (57) school working days the superintendent Superintendent or his designee his/her designee, shall meet with the Association on concerning the grievance and shall indicate his his/her disposition of the grievance in writing within five (5) school working days of such meeting, and shall furnish a copy thereof to the Association.
E. F. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designeesuperintendent, or if no disposition has been made received within five (5) school working days of such meeting or ten (10) school days from the date of filing, whichever Association may proceed to a Board Level Hearing. This grievance hearing shall be laterheard in closed session, so long as it does not violate the open meetings act. If the grievance shall is not settled at the preceding step, it may be submitted to the Board within ten binding arbitration. Within fifteen (1015) working days by filing a written copy thereof with the Secretary or other designee of the Boardreceipt of the Superintendent’s answer, the party choosing to arbitrate must give written notice to the other party, setting forth specifically the nature of the dispute to be arbitrated. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever charging party shall be later, shall hold file a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Demand for Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to within fifteen (15) days from the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request notification date that arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was duewill be pursued. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of in accordance with its rules, which shall likewise govern the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. arbitration proceedings.
G. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, on any of the following may not be considered by the arbitratorfollowing:
1. The termination of service services of or failure to reemploy re-employ any probationary teacher.
2. Any action involving a tenured teacherclaim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is any matter subject to review before the Michigan Teacher procedures specified in the Teacher’s Tenure CommissionAct (Act IV Public Acts, Extra Session of 1937 of Michigan, as amended).
3. If Any matter involving the issue content of arbitrability is raiseda teacher evaluation.
H. The Board and the Association shall not be permitted to assert in such arbitration proceedings any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the decision of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
I. The fees and expense of the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreementshared equally by both parties.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. J. The time limits provided in this article Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 4 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation misrepresentation or misapplication of any provision of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided; however, a probationary teacher may not grieve a dismissal beyond the Board level.
B. The grievant may shall invoke the formal grievance procedure on the form set forth in annexed Schedule C, signed by the grievant and a representative of the Association, which form shall be available for the Association representative in each building. A copy of the The completed grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by him. The grievance shall be filed with the grievant’s building principal or supervisor within twenty (20) calendar days after the employee knew or should have known of the occurrence or nonoccurrence upon which the grievance is based, and shall in any event be filed within thirty (30) calendar days of such occurrence or nonoccurrence. In the event such principal or supervisor is not available, the written grievance may be filed with the superintendent, within such time period, for forwarding to the principal or supervisor.
C. Within five three (53) school days of receipt of the grievance, the principal or supervisor (or their designee) shall meet with the Association in an effort to resolve the grievance. The principal or supervisor (or designee) shall indicate his their disposition of the grievance in writing within five three (53) school days of such meeting, meeting and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, grievance [or if no disposition has been made within five three (53) school days of such meeting meeting, or ten six (106) school days from the date of filing, whichever shall be later, ] the grievance shall shall, within five (5) school days following such disposition (or following the indicated number of days if there has been no disposition), be transmitted to the Superintendentsuperintendent. Within five (5) school days of receipt of the appeal the superintendent (or his designee designee) shall meet with the Association on the grievance and shall indicate his their disposition of the grievance in writing within five three (53) school days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent (or his designee), or if no disposition has been made within five three (53) school days of such meeting (or ten eight (10) 8) school days from the date of filingfiling with the Superintendent, whichever shall be later), the grievance shall be submitted transmitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall may hold a hearing on the grievance, and review such grievance in executive session, or give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) school days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association 1. If the Board of Education, the aggrieved teacher and the teacher organization shall be unable to resolve any grievance, and it shall involve an alleged violation of a specific article and section of this Agreement, it may request arbitration within ten (10) school days after the decision of any unresolved grievance which is arbitrable the Board of Education, inform the Board of its intent to appeal to arbitration. Such appeal shall be in writing within twenty (20) school days of the decision by filing the Arbitration Request Form with Board and shall be delivered to the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance of Education within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.said twenty
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher teacher, as defined in Article 1, Section A or the Association that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided.
B. The grievant In event that a teacher believes there is a basis for a grievance, he/she shall first discuss the alleged grievance with the appropriate administrator either personally or accompanied by his/her Association representative.
C. If, as a result of the informal discussion with the appropriate administrator a grievance still exists, he/she may invoke the formal grievance procedure through the Association on the form set forth in annexed Schedule C, Appendix H signed by the grievant Grievant and a representative of the Association, which form shall be available for from the Association representative in each building. A copy Two copies of the grievance form shall be delivered to the principal or supervisorwithin ten calendar days of the informal meeting. If the grievance involves more than one school building, it may be filed with the superintendent Superintendent or a representative designated by him/her.
C. D. Within five ten (510) school calendar days of the receipt of the grievance, grievance the principal or supervisor shall meet with the Association representative in an effort to resolve the grievance. The principal or supervisor shall indicate his his/her disposition of the grievance in writing within five ten (510) school days of such meeting, and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school calendar days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made by the principal within five (5) school days of such meeting or ten (10) school calendar days from the date of filing, whichever shall be latersuch meeting, the grievance shall be submitted transmitted to the Board superintendent within ten (10) working calendar days. Within ten (10) calendar days, the superintendent or his/her designee shall meet with the Association on the grievance and shall indicate his/her disposition of the grievance in writing within ten (10) calendar days of such a meeting and shall furnish a copy thereof to the Association.
F. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his/her designee, or if no disposition by the Superintendent or his/her designee has been made within ten (10) calendar days of such meeting, the grievance shall be transmitted to the Board by filing a written copy thereof with the Secretary or other designee of the BoardBoard within ten (10) calendar days. The Board, Board no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing meet with the Association on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven ten (710) calendar days thereafter. A copy of such disposition shall be furnished to the Association.
F. The G. If the Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form not satisfied with the American Arbitration Association and delivering a copy disposition of this Form the grievance by the Board or if no disposition has been made within the period above, the grievance may be submitted to the Employer through the Superintendent's Office arbitration before an impartial arbitrator within thirty (30) working session days following from the receipt time of notification of the Board's written disposition’s decision. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form parties can not agree as to the Employer through arbitrator within five (5) calendar days from the Superintendent's Office not later than thirty (30) working days following the notification date the Board's written disposition was due. The grievance may thereafter that arbitration will be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established hereinpursued, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator he/she shall be selected from a panel submitted by the American Arbitration Association pursuant in accord with its rules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to their rules assert in such arbitration procedure any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgement thereon may be entered in any court of competent jurisdiction.
H. The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacherparties.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. I. The time limits provided in this article Article shall be strictly observed but may be extended by written agreement of the parties. In Not withstanding the event a grievance is filed after May 15 expiration of this Agreement, any year and strict adherence to the time limits claim or Grievance arising thereunder may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to be processed through the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Associationprocedure until resolution.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. 12.1 A claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided.
B. The grievant may invoke . There shall be no suspension of work on account of such claim, but an ▇▇▇▇▇▇▇ effort shall be made to settle it promptly under the formal grievance procedure provisions of this article. A reasonable effort shall first be made to settle such claim between the employee and the principal of the school in which such employee is then working. If, as a result of such discussion, a satisfactory adjustment is not immediately made within one normal school day after the discussion, then the employee and/or the Association shall reduce such complaint to writing, within ten (10) school days, on the a form set forth in annexed Schedule C, signed provided by the grievant Board (This form shall indicate the specific section of the Master Agreement contested and the requested remedy.), which complaint shall then be processed as follows:
Step 1: The matter shall be discussed by the employee and/or a representative of the Association, which form shall be available for Association and the Association representative in each building. A copy principal of the grievance form shall be delivered to school in which the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by him.
C. Within five (5) school days of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievanceemployee is so employed. The principal may have present another administrator of his/her choosing if the principal feels this is necessary or supervisor shall indicate his disposition of the grievance desirable. The principal shall, in writing writing, make a decision on such complaint within five (5) school days from the date on which it was first submitted and discussed with him/her. If the employee does not agree with such disposition, he/she may appeal it to the superintendent of such meeting, and shall furnish a copy thereof to the district through the grievance committee of the Association.
D. If Step 2: The complaint shall then be discussed at a mutually satisfactory time by the Association is not satisfied with the disposition superintendent of the grievance, or if no disposition has been made within five (5) school days district and/or his/her duly designated representative and the employee and/or a representative of such meeting or the Association. Such discussion shall be held not more than ten (10) school days after the disposition made by the principal of the school in Step 1. Such discussion may be adjourned from time to time according to the date mutual agreement of filingthe parties and each of the parties may confer with or obtain the assistance of such other persons as they may deem necessary or proper for the proper presentation of the complaint and the discussion thereof. The discussion of the complaint, whichever however, shall be later, the grievance shall be transmitted limited to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days district or his/her representative and the employee involved and/or the representative of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is . The superintendent shall make a decision on such complaint in writing, not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five later than fifteen (5) school days of such meeting or ten (1015) school days from the date of filing, whichever shall be later, the grievance shall be submitted last day upon which any such discussion was had concerning such complaint. If such decision is not satisfactory to the Board within ten (10) working days by filing a written copy thereof employee, mediation of the decision may be considered with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2mediator(s) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification mutually acceptable to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms Board. An extension of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall fifteen (15) school days may be the sole responsibility of the Associationgranted by mutual agreement.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher 20.1 Any teacher, or the Association that there has been Association, having a violation, misinterpretation complaint or misapplication of any provision dispute resulting from an interpretation or application of this Agreement or any rule, order or regulation of the Board may be processed policies and procedures of the Board, shall use the following procedure in a pursuit of settlement of such complaint or dispute hereinafter referred to as a grievance. All time limits are working days and are to be computed from the day the prior step was completed. At any point or step in the procedure where the Association is satisfied with the results of action taken, the grievance as hereinafter providedshall be considered settled. Such satisfaction at any point shall be indicated by the Association. The Association shall be represented at all steps in this Article.
B. Step 1 The grievant may invoke teacher shall have verbal discussion with the formal grievance procedure on administrator involved and/or the form set forth in annexed Schedule C, signed by building principal. Such discussion shall take place within ten (10) days of occurrence or knowledge of occurrence of such a grievance.
Step 2 The Association shall furnish the grievant and administrator involved a representative of the Association, which form shall be available for the Association representative in each building. A written copy of the grievance form within ten (10) days. (Forms furnished by the Association.)
Step 3 The administrator involved shall be delivered to contact the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by him.
C. Within Association within five (5) school days and shall schedule a meeting unless by mutual agreement it is determined that a meeting is not necessary. The administrator shall respond in writing to the Association within ten (10) days of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the written grievance. The principal or supervisor Association shall indicate his disposition of respond to the grievance administrator in writing within five (5) school days of such meeting, and shall furnish a copy thereof expressing satisfaction or desire to proceed to the Associationnext step.
D. If the Association is not satisfied Step 4 The Superintendent, or his designee, shall meet within seven (7) days with the disposition representatives of the grievanceAssociation. The Superintendent will give his decision, or if no disposition has been made in writing, within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the SuperintendentAssociation. Within five (5) school days the superintendent or his designee The Association shall meet with the Association on the grievance and indicate his disposition of the grievance in writing respond within five (5) school days of such meeting, and shall furnish a copy thereof indicating satisfaction or desire to proceed to the Associationnext step.
E. If Step 5 In the Association is event that a grievance cannot satisfied with the disposition be resolved at Step 4 of the grievance by procedure, then such grievance arising out of or relating to the Superintendent interpretation or his designee, or if no disposition has been made within five (5) school days the application of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance this Agreement shall be submitted to arbitration under the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee Voluntary Labor Arbitration Rules of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association Association. The parties further agree to accept the arbitrator's decision as final and delivering a copy binding upon them. Notification of this Form intent to use arbitration must be filed with the Employer through the Superintendent's Office other party within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as writtendays. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amendadd to, alter detract from, alter, or modify the terms of this Agreement either directly or indirectlyagreement. Each party will bear the full costs for its side of the arbitration and will pay for one-half the costs of the arbitrator.
20.2 The griever may be excused from any step of this grievance procedure by mutual agreement.
20.3 Time limits indicated shall be observed by the Board and the Association, or to rule upon except that a specific grievance considered settled. In addition, the following regarding an event occurring during summer recess may not be considered limited by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement Step 1 of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any partyprocedure for initiation, the Board shall use its best efforts to process such grievance prior to the end but must be commenced within ten (10) days of the first scheduled day of the new school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedureyear. However, no grievance shall be adjusted without prior notification to This exception does not prevent the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the from notifying administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incidentgrievance during summer recess. An extension of time may be granted to either party upon mutual agreement.
20.4 The responsibility for calling meetings will rest with the administration.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation misrepresentation, or misapplication of any provision of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided.
B. 1. The grievant may invoke following matters shall not be the formal basis of any grievance filed under the procedure outlined in this article:
a. The termination of services of or failure to re-employ any probationary teacher.
b. The termination of any teacher to a position on the form extracurricular scale.
B. In the event that a teacher believes there is a basis for a grievance, he/she shall first discuss the alleged grievances with his/her building principal, either personally or accompanied by his/her Association representative within five (5) days of becoming aware of the alleged incident.
C. If, as a result of the informal discussions with the building principal, a grievance still exists, he/she may, within five (5) work days, set forth in annexed Schedule Cthe grievance on a form, signed by the grievant and a representative of the Association, which form shall be available for the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisorprincipal. If the grievance involves more than one (1) school building, it may be filed with the superintendent or a representative designated by him.
C. D. Within five (5) school calendar days of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his his/her disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school calendar days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) calendar days of such meeting (or ten (10) calendar days from the date of filing, whichever shall be later), the grievance shall be transmitted to the superintendent or his designee who shall meet with the Association on the grievance and shall indicate his disposition of the grievance in writing within five (5) calendar days of such meeting, and shall furnish a copy thereof to the Association.
F. If the Association is not satisfied with the disposition of the grievance by the Superintendent superintendent or his designee, or if no disposition has been made within five (5) school work days of such meeting (or ten (10) school work days from the date of filingfiling with the Superintendent, whichever shall be later), the grievance shall be submitted transmitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing meet with the Association on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) work days thereafter. A copy of such disposition shall be furnished to the Association.
F. The G. If the Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form not satisfied with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt disposition of the grievance by the Board's written disposition. If the Board fails to answer a grievance , or if no disposition has been made within the time limits set forth in Paragraph Eperiod above provided, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If arbitration before an impartial arbitrator by written notice to that effect from the Association does not request arbitration in to the manner or Board within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last dispositionseven (7) calendar days. If a grievance is to be submitted to arbitration, the The arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant in accord with its rules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to their rules assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
H. The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacherparties.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. I. The time limits provided in this article the Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 15th of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisorJ. Notwithstanding the expiration of this Agreement, he is free to do so without recourse to any claim or grievance arising hereunder may be processed through the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Associationprocedure until resolution.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any rule, order or regulation of the Board Board, may be processed as a grievance as hereinafter provided. Matters relating to prohibited bargaining subjects are not grievable.
B. The grievant In the event that a teacher believes there is a basis for a grievance, he shall first discuss the alleged grievance with his building Principal, either personally, or accompanied by his Association Representative.
C. If, as a result of the informal discussion with the Building Principal, a grievance still exists, he may invoke the formal grievance procedure through the Association on the form set forth in annexed Schedule CAppendix D, signed by the grievant and a representative of the Association, which form shall be available for from the Association representative Representative in each building. A copy of the grievance form shall be delivered to the principal or supervisorPrincipal. If the grievance involves more than one school (1) building, it may be filed with the superintendent Superintendent, or a representative designated by him.
C. Within D. The grievance must be filed within five (5) school days of receipt of the grievance, the alleged violation. The principal or supervisor shall then meet with the Association in an effort to resolve relieve the grievance. The principal or supervisor Principal shall indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting, the grievance shall be transmitted to the Superintendent. Within five (5) school days, the Superintendent or his designee shall meet with the Association on the grievance and shall indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
F. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be latermeeting, the grievance shall be submitted transmitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing SHALL MEET WITH THE ASSOCIATION on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance grievance, in writing by the Board Board, shall be made no later than seven (7) school days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration G. Notice of any unresolved intent to continue this grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy must be given within ten (10) days of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the disposition by the Board's written disposition. If The Board Negotiation Team and the Association Negotiation Team shall meet within twenty (20) days of the notice. In the event that the parties cannot agree on an interpretation of the Contract section under discussion, the issue shall be submitted to mediation and the parties shall accept the recommendation of the mediator.
(1) The Association has the option of bypassing the mediation process as stipulated in Paragraph G in order to pursue the arbitration process. The parties to this Agreement acknowledge that arbitration hereinafter set forth may occur only after mutual agreement of the Association and Board fails of Education expressed in unity, each to answer a grievance the other.
H. In the event the grievance, which has been supported by the Association, has not been resolved, or if no disposition has been made within the time limits set forth limit in Paragraph EF above, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does The Arbitration Procedure must be invoked within ten (10) days. Neither party shall be permitted to insert any issues that have not request arbitration been brought forth in the manner or within grievance, except with the time limits established hereinarbitrator’s consent. The Arbitrator must be a person mutually selected and agreeable, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance but if none is to be submitted to arbitrationso selected and agreeable, the arbitrator he/she shall be selected by the parties from a panel submitted by list of seven (7) names furnished in accordance with the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator Federal Mediation and all hearing location costs Conciliation Services (FMCS). Either by mutual agreement or from which list each party shall be shared equally by permitted to strike alternately three (3) names, with the Association requesting party striking first, and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The remaining arbitrator shall at all times thereupon be governed wholly by accepted. Upon receipt of the terms list of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In additionseven (7) names, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacherparties will meet no later than ten (10) days after said receipt and will select an arbitrator as described above.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 3 contracts
Sources: Master Contract, Master Contract, Master Contract
PROFESSIONAL GRIEVANCE PROCEDURE. A. A Any claim by the Association or a teacher or the Association that there has been a violation, misinterpretation misinterpretation, or misapplication of any provision the terms of this the Agreement or violation of any rule, order or regulation of the Board may established policy shall be processed as a grievance as hereinafter providedand shall be resolved through the procedure set forth herein.
B. In the event that a teacher, or the Association believes there is a basis for a grievance, the teacher or representative of the Association within thirty (30) working days of the time the teacher knew of the circumstances giving rise to the grievance, shall first discuss the alleged grievance with the building principal either personally or accompanied by the Association Representative. The grievant grievance process may begin at the Superintendent’s level when the building principal is not involved with an alleged incident.
C. If, as a result of the informal discussion with the building principal, a grievance still exists, the teacher or representative of the Association may, within ten (10) working days, invoke the formal grievance procedure through the Association on the form set forth in annexed Schedule Cgrievance report form, signed by the grievant and a representative of the Association, which . Said form shall be available for from the Association representative Representative in each building. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school buildingbuilding principal, it may be filed with the superintendent Superintendent or a representative designated by him.
C. D. Within five (5) school working days of receipt of the grievance, grievance the principal or supervisor shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his his/her disposition of the grievance in writing within five (5) school working days of such meeting, meeting and shall furnish a copy thereof to the Association. If the Association desires to proceed to the next step, it shall do so within fifteen (15) calendar days of the principal’s disposition.
D. E. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school working days of such meeting (or ten ([10) school ] working days from the date of filing, whichever shall be later, ) the grievance shall be transmitted to the Superintendent. Within five seven (57) school working days the superintendent Superintendent or his designee his/her designee, shall meet with the Association on concerning the grievance and shall indicate his his/her disposition of the grievance in writing within five (5) school working days of such meeting, and shall furnish a copy thereof to the Association.
E. F. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designeesuperintendent, or if no disposition has been made received within five (5) school working days of such meeting or ten (10) school days from the date of filing, whichever Association may proceed to a Board Level Hearing. This grievance hearing shall be laterheard in closed session, so long as it does not violate the open meetings act. If the grievance shall is not settled at the preceding step, it may be submitted to the Board within ten binding arbitration. Within fifteen (1015) working days by filing a written copy thereof with the Secretary or other designee of the Boardreceipt of the Superintendent’s answer, the party choosing to arbitrate must give written notice to the other party, setting forth specifically the nature of the dispute to be arbitrated. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever charging party shall be later, shall hold file a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Demand for Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to within fifteen (15) days from the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request notification date that arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was duewill be pursued. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of in accordance with its rules, which shall likewise govern the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. arbitration proceedings.
G. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, on any of the following may not be considered by the arbitratorfollowing:
1. The termination of service services of or failure to reemploy re-employ any probationary teacher.
2. Any action involving a tenured teacherclaim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is any matter subject to review before the Michigan Teacher procedures specified in the Teacher’s Tenure CommissionAct (Act IV Public Acts, Extra Session of 1937 of Michigan, as amended).
3. If Any matter involving the issue content of arbitrability is raiseda teacher evaluation. Procedural matters concerning evaluation may be arbitrated.
H. The Board and the Association shall not be permitted to assert in such arbitration proceedings any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the decision of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
I. The fees and expense of the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreementshared equally by both parties.
G. J. If any probationary teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he discharged he/she shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, under the same or its equivalent in money shall be paid to himterms and conditions established by the arbitrator.
H. K. The time limits provided in this article Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher Any teacher, group of teachers, or the Association believing that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any existing rule, order order, or regulation regulation, of the Board, or any other provision of law (except a statute specifically establishing a procedure for redress) relating to wages, hours, terms, or conditions of employment, may file a written grievance with the Board may or its designated representative. If a teacher does not file in writing with the principal or other designated Board representative within five (5) school days after the occurrence, then the grievance shall be processed considered as a grievance as hereinafter providedwaived.
B. The grievant may invoke the formal grievance procedure on the form set forth in annexed Schedule C, signed by the grievant and a representative of the Association, which form shall be available for the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by him.
C. Within five (5) school days of receipt of the grievance, the principal or supervisor designated representative of the Board shall meet with the Association or the individual in an effort to resolve the grievance. The Affected teachers may or may not be present at such meeting. If the meeting is with the school principal or supervisor shall indicate his disposition of and the parties cannot agree, the grievance in writing within shall be promptly transmitted, by the Association or teacher to the Superintendent who shall have five (5) school days thereafter to approve or disapprove it. If the grievance shall be denied by the Superintendent either upon review of such meetingthe action of the school principal, and or in the first instance, the grievance shall furnish a copy thereof immediately be transmitted, by the Association or teacher, to the AssociationSecretary of the Board, with a statement of reasons why it is being disapproved. Failure to answer at any level within the time period for answer moves the grievance automatically to the next level.
D. If C. At the Association is not satisfied with next regular meeting of the disposition Board, after receipt of the grievance, the Board shall pass upon the grievance. The Board may hold a hearing thereon, may designate one or if no disposition has been made within five (5) more of its members to hold a hearing or otherwise investigate the grievance, or prescribe such procedure as it may deem appropriate for consideration of the grievance.
D. For administrative convenience, the Board may cause complaints which may be the subject of grievances under this Article first to be presented to a department head, assistant principal, or other school days employee, for informal processing, in an effort to reduce the number of formal grievances handled under the professional grievance procedure herein established. The parties shall mutually work out procedures for such informal processing upon request, but exhaustion of such meeting or ten (10) school days from the date of filing, whichever informal procedures shall not be later, required as a condition precedent to invoking the grievance procedure, nor shall the participation of department heads, assistant principals, or other employees in such informal procedures be transmitted deemed to the Superintendent. Within five (5) school days the superintendent be a supervisory or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Associationexecutive function.
E. If the Association is The following matters shall not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of any grievance filed under the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of procedure outlined in this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:Article.
1. The termination of service of services or failure to reemploy re-employ any probationary teacher.
2. Any action involving a tenured teacherclaim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law, including but not limited any matter subject to dischargethe procedures specified in the Teachers Tenure Act (Act 4 of Public Acts, demotionExtra Session, layoff or failure to of 1937 of Michigan as amended).
3. Teachers evaluations (content).
4. ▇▇▇▇▇▇, recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreementassignment or placement.
G. 5. Prohibited subject of bargaining.
F. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. 12.1 A claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided.
B. The grievant may invoke . There shall be no suspension of work on account of such claim, but an ▇▇▇▇▇▇▇ effort shall be made to settle it promptly under the formal grievance procedure provisions of this article. A reasonable effort shall first be made to settle such claim between the employee and the principal of the school in which such employee is then working. If, as a result of such discussion, a satisfactory adjustment is not immediately made within one normal school day after the discussion, then the employee and/or the Association shall reduce such complaint to writing, within ten (10) school days, on the a form set forth in annexed Schedule C, signed provided by the grievant Board (This form shall indicate the specific section of the Master Agreement contested and the requested remedy.), which complaint shall then be processed as follows:
Step 1: The matter shall be discussed by the employee and/or a representative of the Association, which form shall be available for Association and the Association representative in each building. A copy principal of the grievance form shall be delivered to school in which the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by him.
C. Within five (5) school days of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievanceemployee is so employed. The principal may have present another administrator of his/her choosing if the principal feels this is necessary or supervisor shall indicate his disposition of the grievance desirable. The principal shall, in writing writing, make a decision on such complaint within five (5) school days from the date on which it was first submitted and discussed with him/her. If the employee does not agree with such disposition, he/she may appeal it to the superintendent of such meeting, and shall furnish a copy thereof to the district through the grievance committee of the Association.
D. If Step 2: The complaint shall then be discussed at a mutually satisfactory time by the Association is not satisfied with the disposition superintendent of the grievance, or if no disposition has been made within five (5) school days district and/or his/her duly designated representative and the employee and/or a representative of such meeting or the Association. Such discussion shall be held not more than ten (10) school days after the disposition made by the principal of the school in Step 1. Such discussion may be adjourned from the date of filing, whichever shall be later, the grievance shall be transmitted time to time according to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition mutual agreement of the grievance in writing within five (5) school days parties and each of the parties may confer with or obtain the assistance of such meeting, and shall furnish a copy thereof to other persons as they may deem necessary or proper for the Association.
E. If the Association is not satisfied with the disposition proper presentation of the grievance by complaint and the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee discussion thereof. The discussion of the Board. The Boardcomplaint, no later than its next regular meeting or two (2) calendar weekshowever, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement superintendent of the parties. In district or his/her representative and the event a grievance is filed after May 15 of any year and strict adherence to employee involved and/or the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.. The superintendent shall make a decision on such complaint in writing, not later than
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher teacher, as defined in Article 2, Section A or the Association that there has been a violation, misinterpretation or misapplication of any provision of this Agreement Agreement. In event that a teacher believes there is a basis for a grievance, he/she shall first discuss the alleged grievance with the appropriate administrator either personally or any rule, order or regulation of the Board may be processed as a grievance as hereinafter providedaccompanied by his/her Association representative.
B. The grievant If, as a result of the informal discussion with the appropriate administrator a grievance still exists, he/she may invoke the formal grievance procedure through the Association on the form set forth in annexed Schedule C, Appendix E signed by the grievant Grievant and a representative of the Association, which form shall be available for from the Association representative in each building. A copy Two copies of the grievance form shall be delivered to the principal or supervisorwithin ten calendar days of the informal meeting. If the grievance involves more than one school building, it may be filed with the superintendent Superintendent or a representative designated by him/her.
C. Within five ten (510) school calendar days of the receipt of the grievance, grievance the principal or supervisor shall meet with the Association representative in an effort to resolve the grievance. The principal or supervisor shall indicate his his/her disposition of the grievance in writing within five ten (510) school calendar days of such meeting, meeting and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, grievance or if no disposition has been made by the principal within five (5) school days of such meeting or ten (10) school calendar days from the date of filing, whichever shall be latersuch meeting, the grievance shall be transmitted to the Superintendentsuperintendent within ten (10) calendar days. Within five ten (510) school days calendar days, the superintendent or his his/her designee shall meet with the Association on the grievance and shall indicate his his/her disposition of the grievance in writing within five ten (510) school calendar days of such meeting, a meeting and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his his/her designee, or if no disposition by the Superintendent or his/her designee has been made within five (5) school days of such meeting or ten (10) school calendar days from the date of filing, whichever shall be latersuch meeting, the grievance shall be submitted transmitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the BoardBoard within ten (10) calendar days. The Board, Board no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing meet with the Association on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven ten (710) calendar days thereafter. A copy of such disposition shall be furnished to the Association.
F. The If the Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form not satisfied with the American Arbitration Association and delivering a copy disposition of this Form the grievance by the Board or if no disposition has been made within the period above, the grievance may be submitted to the Employer through the Superintendent's Office arbitration before an impartial arbitrator within thirty (30) working session days following from the receipt time of notification of the Board's written disposition’s decision. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form parties cannot agree as to the Employer through arbitrator within five (5) calendar days from the Superintendent's Office not later than thirty (30) working days following the notification date the Board's written disposition was due. The grievance may thereafter that arbitration will be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established hereinpursued, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator he/she shall be selected from a panel submitted by the American Arbitration Association pursuant in accord with its rules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to their rules assert in such arbitration procedure any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgement thereon may be entered in any court of competent jurisdiction.
G. The fees and expenses of the arbitrator and all hearing location costs shall be shared equally borne by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to himlosing party.
H. The time limits provided in this article Article shall be strictly observed but may be extended by written agreement of the parties. In Notwithstanding the event a grievance is filed after May 15 expiration of this Agreement, any year and strict adherence to the time limits claim or Grievance arising thereunder may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to be processed through the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Associationprocedure until resolution.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher teacher, or the Association that there has been a violation, misinterpretation misinterpretation, or misapplication of any provision of this Agreement or any rule, order or regulation of shall be subject to the Board may be processed as a grievance as hereinafter providedprocedure.
B. The In the event that a teacher believes there is a basis for a grievance, he/she shall first discuss the alleged grievance with his/her building principal, either personally or accompanied by his/her Association representative.
C. If, as a result of the informal discussion with the building principal, a grievance shall exist, the grievant may invoke the formal grievance procedure on the form set forth in annexed Schedule C, Appendix D. Filed grievances shall be signed by the grievant and a representative of the Association, which form . Grievance forms shall be furnished by the Board and are available for from the Association representative representatives in each building. A copy The grievance shall be written and filed within fifteen (15) days of the grievance form its occurrence, or it shall be delivered to the principal or supervisorprincipal. If the grievance involves more than one (1) school building, it may be filed with the superintendent Superin- tendent or a representative designated by himhis/her designee.
C. D. Within five three (53) school days of the receipt of the grievance, the principal or supervisor Superintendent shall meet with the Association Representative(s) in an effort to resolve the grievance. The principal or supervisor Superintendent shall indicate his his/her disposition of the grievance in writing within five three (53) school days of such meeting, meeting and shall furnish a copy copies thereof to the Association.
D. E. If the Association grievant is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be latermade, the grievance shall be transmitted to the SuperintendentSuperintendent within ten (10) days of the initial filing. Within five (5) school days days, the superintendent Superintendent or his his/her designee shall meet with the Association representative on the grievance and indicate his his/her disposition of the grievance in writing within five three (53) school days of such meeting, meeting and shall furnish a copy thereof to the Association.
E. F. The appeal of any grievance to the Board level is restricted to those grievances that are subject to being heard in executive session under the Open Meetings Act where the grievant specifically requests in writing that the grievance be heard in Executive Session. If the Association grievant is not satisfied with the disposition of the grievance by the Superintendent or his designeehis/her desig- nee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be latertime allowed, the grievance shall be submitted transmitted to the Board within ten thirteen (1013) working days from the date initially delivered to the Superintendent by filing a written copy thereof with the Secretary Secretary, or other designee of the Board. The Board, no later than its next regular meeting meeting, or two (2) calendar weeks, whichever shall be later, shall may hold a hearing on the grievance, and review such grievance in executive session, or give such other consideration as it shall deem appropriate. Disposition of the grievance grievance, in writing by the Board Board, shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. G. If the Association is not satisfied with the disposition of the grievance by the Superintendent or the Board where applicable, or if no disposition has been made within the period provided above, the grievance may be submitted to arbitration before an impartial arbitrator. The grievance shall be carried forward by the Association may request arbitration of any unresolved within forty-five (45) days from the date it was initially delivered to the Superintendent or Board where applicable, or the grievance which is arbitrable by filing shall be waived. If the Arbitration Request Form with parties cannot agree as to the arbitrator, the American Arbitration Association shall select the arbi- trator in accord with its rules which shall, likewise, govern the arbitration proceeding. The Board and delivering a copy Association shall not be permitted in such proceeding to assert any ground or rely on any evidence not previously disclosed to the other party.
H. The arbitrator is to determine disputed interpretations of terms found in this Agreement, or determine dis- puted facts upon which the terms of the Agreement depend. The arbitrator shall not have authority, nor shall it be his/her duty, to decide any issue not submitted to him/her. The arbitrator shall not give any deci- sion, which in practical or actual effect, modifies, revises, detracts from, or adds to any of the language of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt agreement. Past practice of the Board's written disposition. If parties can be used as relevant evidence if it bears on an interpretation of the Board fails to answer a grievance within actual terms of the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was dueAgreement. The grievance may thereafter arbitrator shall not base any decision on his/her opinion that is fair or not fair, unless it is based on actual language in this Agreement. Both parties agree to be submitted to arbitration. If bound by the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis award of the Employer's last disposition. If a grievance is to arbitrator and agree that judgment thereon may be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees entered in any court of competent jurisdiction.
I. Fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to himin full by the losing party of each arbitration case.
H. J. At no time shall students become involved in the grievance procedure, unless accompanied by their parents.
K. The time limits provided in this article Article shall be strictly observed observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and the strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term term, or as soon thereafter as possible.
I. L. If an individual a teacher has a personal complaint which he he/she desires to discuss with a supervisor, he he/she is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an the Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the this Agreement. In the administration of the grievance procedure, the interests of the teachers .
M. All time limits shall be the sole responsibility of the Associationmeasured in teacher attendance days, except summer layoffs (refer to Article 18, Paragraph J).
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. Section A. A claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any rule, order order, or regulation of the Board pertaining to the teachers or the Association may be processed as a grievance as hereinafter provided.
Section B. In the event that a teacher believes there is a basis for a grievance, he shall first discuss the alleged grievance with his building principal, either personally or accompanied by his Association representative. The grievant grievance must be filed within thirty (30) calendar days (365 day calendar) of the violation, misinterpretation or misapplication.
Section C. If, as a result of the informal discussion with the building principal, a grievance still exists, he may invoke the formal grievance procedure through the Association on the form set forth in annexed Schedule CAppendix D, signed by the grievant and a representative of the Association, which form shall be available for from the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisorprincipal. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by him.
C. Section D. Within five fifteen (515) school calendar days of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his disposition of the grievance in writing within five the fifteen (515) school days of such meeting, calendar day period and shall furnish a copy thereof to the Association.
D. Section E. If the Association is not satisfied with the disposition of the grievance, or if no disposition of the grievance has been made within five the fifteen (515) school days of such meeting or ten (10) school calendar days from the date of original filing, whichever shall be later, then the Association may within twenty (20) calendar days from the original filing date transmit the grievance shall be transmitted to the Superintendentsuperintendent. Within five fifteen (515) school days calendar days, the superintendent or his designee shall meet with the Association on the grievance and shall indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish with a copy thereof furnished to the Association.
E. Section F. If the Association is not satisfied with the disposition of the grievance by the Superintendent superintendent or his designee, or if no disposition has been made within the thirty-five (535) school days of such meeting or ten (10) school calendar days from the date of filing, whichever shall be lateroriginal filing date, the grievance shall may then be submitted transmitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the BoardBoard within forty-five (45) calendar days of the original filing. The Board, no later than its next regular meeting or within two (2) calendar weeks, weeks (whichever shall be later), shall hold a hearing meet with the Association on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) calendar days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Section G. If the Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form not satisfied with the American Arbitration Association and delivering a copy disposition of this Form to the Employer through grievance by the Superintendent's Office Board within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph Ecalendar days, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the The American Arbitration Association pursuant in accord with its rules shall govern the arbitration proceedings. The Board and the Association shall not be permitted to their rules assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. Therefore, there shall be a meeting between the Association and the Board ten (10) calendar days before arbitration to review all information for both parties. The arbitrator shall have no power to alter, add to, or subtract from, the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
Section H. The fees and expenses of the arbitrator and all hearing location costs shall be equally shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:parties.
1. The termination of service of or failure to reemploy Section I. If any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any tenure teacher for whom a grievance is sustained shall be found to have been unjustly dischargeddischarged or unjustly denied renewal of this contract, he shall be reinstated with full reimbursement of all professional compensation lost. If he any teacher shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. Section J. The time limits provided in this article Article shall be strictly observed but may be extended by written agreement of to the parties. In the event a grievance is filed with the principal after May 15 15th of any year and strict adherence to the time limits may result in hardship to of any party, the Board parties shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisorSection K. Notwithstanding the expiration of this agreement, he is free to do so without recourse to any claim or grievance arising thereunder may be processed through the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.procedure until resolution,
Appears in 2 contracts
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher teacher, or the Association Western Education Association, that there has been a violation, misinterpretation misinterpretation, or misapplication of any provision of this Agreement or any rule, order order, policy, or regulation of the Board Board, may be processed as a grievance as hereinafter provided. Grievances which do not involve alleged violations, misinterpretations or misapplications of a specific Article and Section of this Agreement may be processed through Board level but will not be arbitrable.
B. In the event that a teacher believes there is a basis for a grievance the teacher shall first discuss the alleged grievance with his/her building principal either personally or accompanied by his/her Western Education Association representative. The grievant meeting must be held within ten (10) school business days of the violation, misinterpretation or misapplication, or within ten (10) school business days of the event which caused knowledge of the alleged violation.
C. If, as a result of the informal discussion with the building principal, a grievance exists, the teacher may within ten (10) school business days of the informal discussion invoke the formal grievance procedure through the Western Education Association or on the their own, on a form substantially in accordance with that set forth in annexed Schedule C, signed by the grievant and a representative of the Association, Appendix C which form shall be available for from the Western Education Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisorprincipal. If the grievance involves more than one school building, it may be filed with the superintendent Superintendent or a representative designated by him/her.
C. D. Within five ten (510) school business days of receipt of the grievance, the principal or supervisor shall meet with the teacher and/or Western Education Association in an effort to resolve the grievance. The principal or supervisor shall indicate his his/her disposition of the grievance in writing within five ten (510) school business days of such meeting, and shall furnish a copy thereof to the AssociationWestern Education Association and to the grievant(s).
D. E. If the Western Education Association and/or teacher is not satisfied with the disposition of the grievance, or if no disposition has been made within five ten (510) school business days of such meeting (or ten (10) school business days from the date of filing, whichever shall be later), the grievance shall be transmitted to the Superintendent. Within five ten (510) school business days the superintendent or his designee Superintendent shall meet with the grievant and the Western Education Association on the grievance and shall indicate his his/her disposition of the grievance in writing within five ten (510) school business days of such meeting, and shall furnish a copy thereof to the Western Education Association, to the grievant, and the principal.
E. F. If the Association is not satisfied with the disposition settlement of the grievance by the Superintendent or his designeeis not attained in Step E, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be latertime limitations as stated, the grievance ▇▇▇▇▇▇▇ County Education Association shall be submitted notify the Board of Education by writing to the Secretary of the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.ten
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation misrepresentation or misapplication of any provision of this Agreement written agreement may be processed as a grievance as hereinafter provided and may be subject to binding arbitration. A claim by a teacher or any the Association that there has been a violation, misrepresentation or misapplication of existing rule, order or regulation of the Board may be processed as a grievance as hereinafter providedthrough the third level of the grievance procedure but shall not be subject to binding arbitration. The following matters shall not be the basis of any grievance filed under the procedure outlined in this Article.
1. The termination of services of or failure to re-employ any probationary teacher.
2. The termination of services or failure to re-employ any teacher to a position on the extra-curricular schedule.
3. It is expressly understood that the grievance procedure shall not apply to those areas in which the Tenure Act prescribes a procedure or authorizes a remedy (discharge and/or demotion).
B. The grievant Association shall designate one representative per building and one representative of the Association to handle grievances when requested by the grievant. The Board hereby designates the principal of each building to act as its representative at Level One as hereinafter described and the Superintendent or his designated representative to act at Level Two as hereinafter described.
C. The term "days" as used herein shall mean days in which school is in session or during the summer days when the Superintendent’s office is open. Timelines may invoke be reasonably extended by the formal grievance procedure on parties.
D. Written grievances as required herein, shall contain the form set forth in annexed Schedule C, following:
1. It shall be signed by the grievant and or grievants.
2. It shall be specific.
3. It shall contain a representative synopsis of the Associationfacts giving rise to the alleged violation.
4. It shall contain the date of the alleged violation.
5. It shall cite the section or subsections of this contract alleged to have been violated.
6. It shall specify the relief requested.
E. LEVEL ONE - A teacher believing himself wronged by an alleged violation as described in Section A. shall within twenty (20) days of its alleged occurrence present the grievance in writing to the building principal in an attempt to resolve same. If the grievance occurs in the last ten (10) days of the school year, which form shall the initial filing of the grievance is tolled until the commencement of the following school year but may be available for filed immediately. The grievant must be accompanied by the Association representative representative. If no resolution is obtained within ten (10) days of its presentation, the grievance will proceed to Professional Governance Council as set forth in each buildingarticle 18 (a)(5). LEVEL TWO - A copy of the written grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent Superintendent or a representative designated by him.
C. agent as specified in Level One with the endorsement thereon of the position of the Association. Within five ten (510) school days of receipt of the grievance, the principal Superintendent or supervisor designated agent shall meet arrange a meeting with the Association in an effort grievant to resolve discuss the grievance. The principal or supervisor shall indicate his disposition Within ten (10) days of the discussion, the Superintendent or designated agent shall render a decision in writing, transmitting a copy of the same to the grievant, the Association Secretary, the building principal in which the grievance arose, and place a copy of same in writing a permanent file. If no decision is rendered within five ten (510) school days of such the discussion, or the decision is unsatisfactory to the grievant and the Association, the Association may appeal the same to the Board of Education by filing a written grievance along with the decision of the Superintendent with the officer of the Board in charge of drawing up the agenda for the Board's Grievance Committee meeting not less than ten (10) days prior to the next regularly scheduled Board meeting. LEVEL THREE - Upon proper application as specified in Level Two, the Board shall allow the teacher and/or Association representative an opportunity to be heard at a scheduled meeting of the Board’s Grievance Committee. This committee shall be comprised of three (3) Board members, one chosen by the administration, one chosen by the Association, and one drawn by lottery. Said committee meeting shall furnish a copy thereof to be held within ten (10) days of the Association.
D. If filing of the Association is not satisfied with Level Three grievance unless both parties agree otherwise. Within ten (10) days from the disposition hearing of the grievance, the Board committee shall render its decision in writing. The Board may hold future hearings therein, may designate one or if more of its members to hold future hearings therein or otherwise investigate the grievance, provided however, that in no disposition has been event except with express written consent of the Association shall final determination of the grievance be made within five (5) school days of such meeting or by the Board more than ten (10) school days from after the date initial hearing. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, whichever shall be laterthe building principal for the building in which the grievance arose, the grievance shall be transmitted to grievant, and the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition secretary of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
E. . If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designeeBoard, or if no disposition has been made made, the grievance may be submitted to arbitration before an impartial arbitrator within forty (40) days. If the parties cannot agree as to the arbitrator within five (5) school days of such meeting or ten (10) school days from the notification date of filingthat arbitration will be pursued, whichever he shall be later, the grievance shall be submitted to the Board within ten (10) working days selected by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association in accordance with its rules which shall likewise govern the arbitration proceeding. The Board and delivering a copy the Association shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to or subtract from the term of this Form agreement. Both parties agree to be bound by the award of the arbitrator.
1. Individual teachers shall not have the right to process a grievance at Level Four.
2. Each party shall submit to the Employer through other party, not less than three (3) days prior to the Superintendent's Office within thirty (30) working days following hearing, a pre-hearing statement alleging facts, grounds and defenses which will be presented at the receipt hearing and hold a conference at that time in an attempt to settle the grievance.
3. After a case has been referred to the arbitrator, it may not be withdrawn by either party except by mutual consent.
4. More than one grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
5. The cost of the Board's written disposition. If arbitrator shall be born equally by the Board fails parties except each party shall assume its own cost for representation including any expense of witness.
F. Should a teacher or the Association fail to answer institute a grievance within the time limits set forth in Paragraph Especified, the grievance will not be processed. Should a teacher or the Association may request fail to appeal a decision within the limits specified, or leave the employ of the Board (except a claim involving a remedy directly benefiting the grievant regardless of his employment), all further proceedings on a previously instituted grievance shall be barred.
G. Teachers absent from school and participating in an arbitration by filing hearing will not receive wages during the arbitration hearing if the hearing is during school time.
H. Arbitration Request Form with awards or grievance settlements will not be made retroactive beyond the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than date thirty (30) working days following prior to the date on which the Board's written disposition was duegrievance is filed. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established hereinIn case entire lump sum payments accumulated over a period of time, the grievance entire lump sum payment shall be considered settled due on the basis date payment is made. Where no wage loss (including leave pay loss and fringe benefit pay loss) has been caused by the action of the Employer's last disposition. If a grievance is to be submitted to arbitrationBoard complained of, the arbitrator Board shall be selected from a panel submitted by the American Arbitration Association pursuant under no obligation to their rules The fees make monetary adjustments to an individual teacher and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacherorder one.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Administrator Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any rule, order or regulation of the Board Board, may be processed as a grievance as hereinafter provided.
B. The grievant In the event that a teacher believes there is a basis for a grievance, he shall first discuss the alleged grievance with his building Principal, either personally, or accompanied by his Association Representative.
C. If, as a result of the informal discussion with the Building Principal, a grievance still exists, he may invoke the formal grievance procedure through the Association on the form set forth in annexed Schedule CAppendix D, signed by the grievant and a representative of the Association, which form shall be available for from the Association representative Representative in each building. A copy of the grievance form shall be delivered to the principal or supervisorPrincipal. If the grievance involves more than one school (1) building, it may be filed with the superintendent Superintendent, or a representative designated by him.
C. Within D. The grievance must be filed within five (5) school days of receipt of the grievance, the alleged violation. The principal or supervisor shall then meet with the Association in an effort to resolve relieve the grievance. The principal or supervisor Principal shall indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting, the grievance shall be transmitted to the Superintendent. Within five (5) school days, the Superintendent or his designee shall meet with the Association on the grievance and shall indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
F. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be latermeeting, the grievance shall be submitted transmitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing SHALL MEET WITH THE ASSOCIATION on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance grievance, in writing by the Board Board, shall be made no later than seven (7) school days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance G. In the event that the grievance, which is arbitrable has been supported by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form Association, has not been resolved to the Employer through satisfaction of the Superintendent's Office grievant(s) the Contract section under discussion shall be reopened to renegotiate. Notice of intent to continue this grievance must be given within thirty ten (3010) working days following of the receipt of the disposition by the Board's written disposition. If The Board Negotiation Team and the Association Negotiation Team shall meet within twenty (20) days of the notice. In the event that the parties cannot agree on an interpretation of the Contract section under discussion, the issue shall be submitted to mediation and the parties shall accept the recommendation of the mediator.
(1) The Association has the option of bypassing the mediation process as stipulated in Paragraph G in order to pursue the arbitration process. The parties to this Agreement acknowledge that arbitration hereinafter set forth may occur only after mutual agreement of the Association and Board fails of Education expressed in unity, each to answer a grievance the other.
H. In the event the grievance, which has been supported by the Association, has not been resolved, or if no disposition has been made within the time limits set forth limit in Paragraph EF above, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does The Arbitration Procedure must be invoked within ten (10) days. Neither party shall be permitted to insert any issues that have not request arbitration been brought forth in the manner grievance substantiating documents or within the time limits established hereintestimony of expert witness being exempted. The Arbitrator must be a person mutually selected and agreeable, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance but if none is to be submitted to arbitrationso selected and agreeable, the arbitrator he/she shall be selected by the parties from a panel submitted by list of seven (7) names furnished in accordance with the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator Federal Mediation and all hearing location costs Conciliation Services (FMCS). Either by mutual agreement or from which list each party shall be shared equally by permitted to strike alternately three (3) names, with the Association requesting party striking first, and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The remaining arbitrator shall at all times thereupon be governed wholly by accepted. Upon receipt of the terms list of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In additionseven (7) names, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the parties will meet no later than ten (10) days after said receipt and will select an arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the partiesas described above. In the event of either party failing to meet and select an arbitrator within the prescribed time limits, or in the event of a grievance is filed after May 15 of any year and strict adherence refusal by either party to submit or to appear at the time limits may result in hardship to any partyarbitration hearing, the Board Arbitrator shall use its best efforts have jurisdiction to process such grievance prior to the end of the school term or as soon thereafter as possibleproceed ex parte and make an award.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 2 contracts
Sources: Master Contract, Master Contract
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided.
B. The grievant may invoke following matters shall not be the formal basis of any grievance filed under the procedure outlined in this Article:
1. The termination of services of or failure to re-employ any probationary teacher.
2. The termination of services or failure to re-employ any teacher to a position on the form set forth in annexed Schedule Cextracurricular schedule.
3. Any matter involving teacher evaluation, except the right to grieve the evaluation procedure.
C. The Association shall designate one (1) representative to handle grievances when requested by the grievant. The Board hereby designates the appropriate grade level principal to act as its representative at Level One as hereinafter described and the Superintendent and his/her designee.
D. The term “days” as used herein shall mean calendar days.
E. Written grievances as required herein shall contain the following:
1. It shall be signed by the grievant and or grievants.
2. It shall be specific.
3. It shall contain a representative summary of the Association, which form facts giving rise to the alleged violation.
4. It shall be available for cite the Association representative in each buildingsection or sub-sections of this contract alleged to have been violated.
5. A copy It shall contain the data of the alleged violation.
6. It shall specify the relief requested. Any written grievance form not substantially in accordance with the above requirements may be rejected as improper. Such a rejection shall be delivered not extend the limitations hereinafter set forth.
F. Level One - A teacher believing himself/herself wronged by an alleged violation of the express provisions of this contract shall within fifteen (15) days of its alleged occurrence orally discuss the grievance with the building principal in an attempt to the principal or supervisorresolve same. If the grievance involves more than one school buildingbuilding or administrator, it may be filed with the superintendent or a representative designated by him.
C. Within five (5) school days of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievance/her. The principal or supervisor shall indicate his disposition of the grievance in writing If no resolution is obtained within five (5) school days of such meetingthe discussion, the teacher shall reduce the grievance to writing and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made proceed within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted said discussion to the SuperintendentLevel Two. Within five (5) school days of the discussion the superintendent or his designee his/her designated agent shall meet with render his/her decision in writing, transmitting a copy of the same to the grievant, the Association on Secretary, the building principal in which the grievance arose and indicate his disposition place a copy of the grievance same in writing a permanent file in his/her office. If no decision is rendered within five (5) school days of such the discussion, or the decision is unsatisfactory to the grievant, the grievant may appeal same to the Board of Education by filing a written grievance along with the decision of the superintendent with the officer of the Board in charge of drawing up the agenda for the Board’s meeting not less than ten (10) days prior to the next regularly scheduled Board meeting. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in which the grievance arose, the grievant and shall furnish a copy thereof to the Secretary of the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 15th of any year and strict adherence to the time limits may result in hardship to of any partypart, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisorH. Not withstanding the expiration of this Agreement, he is free to do so without recourse to any claims or grievance arising thereunder may be processed through the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Associationprocedure until resolution.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 2 contracts
Sources: Master Contract, Master Contract
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication of any provision a specific article or section of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided.
B. The grievant may invoke . Step One - Within fifteen (15) business days of knowledge of an event that a teacher believes there is a basis for a grievance he shall first discuss the formal alleged grievance procedure on the form set forth in annexed Schedule C, signed with his building principal either personally or accompanied by the grievant and a representative of the Association, which form shall be available for the his Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisorrepresentative. If the grievance involves more than one school buildingis not satisfied with the results of this informal meeting, it may a formal grievance will be filed on the grievance form (appendix X) with the superintendent or a representative designated by him.
C. Within five building principal for disposition. A second formal meeting may take place within two (52) school business days at the request of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievanceeither party. The principal or supervisor shall indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
D. Step Two - If the grievant and/or Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school business days of such meeting (or ten (10) school business days from the date of filing, whichever shall be later, ) the grievance shall be transmitted to the Superintendent. Within five seven (57) school business days the superintendent Superintendent or his designee shall meet with the grievant and/or Association on the grievance and shall indicate his disposition of the grievance in writing within five (5) school business days of such meeting, meeting and shall furnish a copy thereof to the grievant and/or Association.
E. . Grievances concerning the evaluation, discipline or discharge of a first year probationary teacher shall not be subject to the grievance procedure past Step Two. Step Three - If the grievant and/or Association is not satisfied with the disposition of the grievance by the Superintendent or his designeeSuperintendent, the parties may request mediation of the issue through the Michigan Employment Relations Commission within thirty (30) business days of the Step Two disposition. Step Four – Should the matter not be submitted to mediation or if no disposition has been made mediation fails to resolve the grievance, within thirty (30) business days it may be submitted to arbitration before an impartial arbitrator. If the parties do not agree as to the arbitrator, within five (5) school days of such meeting or ten (10) school business days from the notification date of filingthat arbitration will be pursued, whichever shall be later, the grievance shall be submitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator he shall be selected from a panel submitted by the American Arbitration Association pursuant in accord with rules which shall likewise govern the arbitration proceeding proceeding. Neither party may rely on any grounds or any evidence not previously disclosed to their rules the other party. The arbitrator shall have no power to alter, add to or subtract form the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereof may be entered in any court of competent jurisdiction. The fees and expenses of the arbitrator and all hearing location costs arbitration shall be shared equally by the Association and the Employerparties. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article Article shall be strictly observed observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 15th of any year and strict adherence to the time limits may result in hardship to any party, the Board Superintendent shall use its his/her best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor. Notwithstanding the expiration of this Agreement, he is free to do so without recourse to any claim or grievance arising thereunder may be processed through the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Associationprocedure until resolution.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 2 contracts
Sources: Professional Master Contract, Professional Master Contract
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a grievance shall be an alleged violation, misapplication, or misinterpretation or misapplication of any provision the expressed terms and conditions of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter providedcontract.
B. The grievant may invoke Association shall designate their representatives to handle grievances when requested by the formal grievance procedure on grievant. The Employer hereby designates the form set forth principal of each building to act as its representative at Level One as hereinafter described.
C. The term “days” as used herein shall mean days in annexed Schedule Cwhich school is in session, or during summer break, it means weekdays excluding Saturdays and Sundays.
D. Written grievances as required herein shall contain the following:
1. It shall be signed by the grievant and or grievants;
2. It shall contain a representative synopsis of the Associationfacts giving rise to the alleged violation;
3. It shall cite the Section or Subsections of this contract alleged to have been violated;
4. It shall contain the date of the alleged violations;
5. It shall specify the relief requested.
E. Any written grievance not substantially in accordance with the above requirements may be rejected as improper. Such a rejection shall not extend the limitations hereinafter set forth. If no resolution is obtained within ten (10) workdays of the discussion, which form shall be available for the Association representative in each buildingshall reduce the grievance to writing and proceed within ten (10) days of said discussion to Level Two. LEVEL TWO – A copy of the written grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent Superintendent or a representative his designated by him.
C. agent as specified in Level One with the endorsement thereon of the Association. Within five ten (510) school days of receipt of the grievance, the principal Superintendent or supervisor his designated agent shall meet arrange and hold a meeting with grievant and the designated local Association in an effort representative to resolve discuss the grievance. The principal or supervisor shall indicate his disposition Within ten (10) days of the grievance discussion the Superintendent or his designated agent shall render his decision in writing within five (5) school days of such meetingwriting, and shall furnish transmitting a copy thereof of the same to the Association, the Grievance Chairperson of the Association and the principal of the building in which the grievance originated.
1. Within thirty (30) calendar days upon receipt of the Superintendent’s decision, the Association may submit the matter to the American Arbitration Association in the event the decision is unsatisfactory to the Association.
D. If 2. The arbitrator shall be selected in accordance with the rules, regulations and methods recommended by the American Arbitration Association.
3. The decision of the arbitrator shall be final and conclusive and binding upon employees, the Employer and the Association; subject to the right of the Board or the Association to judicial review.
4. Powers of the arbitrator are subject to the following limitations:
a) He/she shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement.
b) He/she shall have no power to establish or to change any existing salary schedule.
c) He/she shall have no power to change any practice, policy or rule of the Board nor substitute his judgment for that of the Employer as to the reasonableness of any such practice, policy, rule or any action taken by the Board, except where such practice, policy, rule or action is in conflict with this Agreement.
d) He/she shall have no power to interpret state or federal law except as specifically mentioned in the Agreement.
e) He/she shall not satisfied with hear any grievance barred from the disposition scope of the grievance procedure.
5. After a case on which the arbitrator is empowered to rule hereunder has been referred to him/her, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall first rule on the arbitrability of the grievance, or if no disposition has been made within five (5) school days .
7. The cost of such meeting or ten (10) school days from the date of filing, whichever arbitrator shall be later, borne equally by the grievance parties except each party shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Associationassume its own costs for representation.
E. If 8. All arbitration hearings will be conducted at the Association is not satisfied with employer’s central office unless the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Associationparties mutually agree otherwise.
F. The Should the Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form fail to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer institute a grievance within the time limits set forth specified, or fail to appeal a decision within the limits specified, the grievance will not be processed.
G. Arbitration awards or grievance settlements will not be made retroactive beyond the date of the occurrence or nonoccurrence of the event upon which the grievance is based. In no event, however, shall the settlement be earlier than seventy-five (75) days prior to the date on which the grievance is filed.
H. Matters in Paragraph E, which a petition for review or appeal have been filed with the Michigan Tenure Commission pursuant to the Michigan Teachers’ Tenure Act are not arbitrable. The rights afforded under the act are a teacher’s sole and exclusive remedy once a petition/appeal has been filed and neither the teacher nor the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner file or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If process a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, which arises under the same circumstances, transaction or its equivalent in money shall be paid to himaction.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 2 contracts
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher teacher, the Association, or the Association Board of Education that there has been a violation, misinterpretation or misapplication of any provision specific provisions of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided.
B. The grievant In the event that a teacher believes there is a basis for grievance, he shall first discuss the alleged grievance with his building principal either personally or accompanied by his Association representative. This conversation shall take place within ten (10) workdays from the alleged grievance during the school year. Alleged grievances occurring during the summer months shall be initiated as soon as practicable, but no longer than ten (10) workdays after the beginning of the school year.
C. In the event that the Board believes there is a basis for a grievance, the same procedure shall be followed as stated below, substituting the words “building representatives” for “building principals”; “W.C.E.A. President” for “Superintendent”; and “Association” for “Board”. In the event that the Association believes there is a basis for a grievance over an issue affecting a number of members or members from more than one building, the Association shall have the option of initiating a grievance with either the immediate supervisor or the Superintendent within (10) working days of the incident that led to filing the grievance.
D. If, as a result of the informal discussion with the building principal, a grievance still exists, the teacher may invoke the formal grievance procedure through the Association on the form set forth in annexed Schedule Cforth, signed by the grievant and a representative of the Association, which form shall be available for from the Association representative in each building. A copy of the grievance form shall be delivered to the building principal or supervisorwithin ten (10) working days after the discussion with the principal, except during summer vacations. If the grievance involves more than one school building, it may be filed with the superintendent Superintendent or a representative designated by him.
C. E. Within five (5) school working days of receipt of the grievance, the principal or supervisor shall meet with the Association in an all effort to resolve the grievance. The principal or supervisor shall indicate his disposition of the grievance in writing within five (5) school working days of such meeting, meeting and shall furnish a copy thereof to the Association.
D. F. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school working days of such meeting [or ten (10) school working days from the date of the filing, whichever shall be later], the grievance shall be transmitted to the SuperintendentSuperintendent within seven (7) working days of the disposition of the grievance. Within five seven (57) school days working days, the superintendent Superintendent or his designee shall meet with the Association on the grievance and shall indicate his disposition of the grievance in writing within five (5) school working days of such meeting, meeting and shall furnish a copy thereof to the Association.
E. G. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school working days of such meeting [or ten (10) school working days from the date of filing, whichever shall be later], the grievance shall be submitted transmitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary of the Board or other designee of the BoardBoard within five (5) working days following the disposition of the grievance by the Superintendent. The Board, no later than its next regular meeting or two (2) calendar working weeks, whichever shall be later, shall hold a hearing meet with the Association on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) working days thereafter. A copy of such disposition shall be furnished to the Association.
F. The H. If the Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form not satisfied with the American Arbitration Association and delivering a copy disposition of this Form the grievance by the Board, or if no disposition has been made within the period above provided, the decision to go before an impartial arbitrator or not shall be made within ten (10) working days. If the parties cannot agree as to the Employer through the Superintendent's Office arbitrator within thirty five (305) working days following from the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph Enotification date that arbitration will be pursued, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator he shall be selected from a panel submitted by the American Arbitration Association in accord with its rules, which shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction. The arbitrator shall have no power to rule upon:
(1) Nonrenewal of probationary teachers;
(2) Any matter which could be brought within the jurisdiction of the Teacher Tenure Act (PA 1937, Extra Session, No.4, as amended);
(3) Grievances relating to continuation of employment or filling of Schedule B positions. These grievances will be handled in accordance with the Supplemental Position Letter of Understanding attached to this Agreement.
(4) Matters that are prohibited subjects of bargaining pursuant to their rules section 15 of the Public Employment Relations Act.
I. The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and parties; the Employer. Each party initiating the arbitration shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacherfiling fee.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. J. The time limits provided in this article Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to K. Any claim or grievance arising after expiration of this agreement may be processed through the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Associationprocedure until resolution.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher staff member, or the Association Western Education Association, that there has been a violation, misinterpretation misinterpretation, or misapplication of any provision of this Agreement or any ruleAgreement, order or regulation of the Board may be processed as a grievance as hereinafter provided. Grievances which do not involve alleged violations, misinterpretations or misapplications of a specific Article and Section of this Agreement may be processed through Board level but will not be subject to arbitration.
B. In the event that a staff member believes there is a basis for a grievance the staff member shall first discuss the alleged grievance with his/her building principal either personally or accompanied by his/her Western Education Association representative. The grievant meeting must be held within ten (10) school business days of the violation, misinterpretation or misapplication, or within ten (10) school business days of the event which caused knowledge of the alleged violation.
C. If, as a result of the informal discussion with the building principal, a grievance exists, the staff member may within ten (10) school business days of the informal discussion invoke the formal grievance procedure through the Western Education Association or on the their own, on a form substantially in accordance with that set forth in annexed Schedule C, signed by the grievant and a representative of the Association, Appendix C which form shall be available for from the Western Education Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisorprincipal. If the grievance involves more than one school building, it may be filed with the superintendent Superintendent or a representative designated by him/her.
C. D. Within five ten (510) school business days of receipt of the grievance, the principal or supervisor shall meet with the staff member and/or Western Education Association in an effort to resolve the grievance. The principal or supervisor shall indicate his his/her disposition of the grievance in writing within five ten (510) school business days of such meeting, and shall furnish a copy thereof to the AssociationWestern Education Association and to the grievant(s).
D. E. If the Western Education Association and/or teacher is not satisfied with the disposition of the grievance, or if no disposition has been made within five ten (510) school business days of such meeting (or ten (10) school business days from the date of filing, whichever shall be later), the grievance shall be transmitted to the Superintendent. Within five ten (510) school business days the superintendent or his designee Superintendent shall meet with the grievant and the Western Education Association on the grievance and shall indicate his his/her disposition of the grievance in writing within five ten (510) school business days of such meeting, and shall furnish a copy thereof to the Western Education Association, to the grievant, and the principal.
E. F. If the Association is not satisfied with the disposition settlement of the grievance by the Superintendent or his designeeis not attained in Step E, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be latertime limitations as stated, the grievance ▇▇▇▇▇▇▇ County Education Association shall be submitted notify the Board of Education by writing to the Secretary of the Board within ten (10) working calendar days by filing a written copy thereof with expressing the reason for the dissatisfaction and furnishing the Secretary or other designee a legible copy of the Boardgrievance and decision of the principal and Superintendent. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as . The hearing shall be public unless both parties agree that it shall deem appropriateshould be held in executive session. Disposition of the grievance in writing by the Board shall be made given to the ▇▇▇▇▇▇▇ County Education Association no later than seven ten (710) calendar days thereafter. A copy of such disposition shall be furnished to the Association.
F. The G. If a grievance is not satisfactorily adjusted, and if it involves an alleged violation, misinterpretation or misapplication of a specific Article and Section of this Agreement, the ▇▇▇▇▇▇▇ County Education Association may request arbitration of any unresolved grievance which is arbitrable by filing within ten (10) calendar days after the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt decision of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, is rendered and received by the Association may request arbitration by filing certified or registered mail, submit the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does parties cannot request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is agree as to be submitted to arbitration, the arbitrator within five (5) calendar days from the notification date the arbitration will be pursued, he/she shall be selected from a panel submitted by the American Arbitration Association pursuant in accord with its rules which shall likewise govern the arbitration proceeding. Neither the Board nor the ▇▇▇▇▇▇▇ County Education Association shall be permitted to their rules assert in such arbitration preceding any ground or to rely on any evidence not disclosed in the previous steps of this procedure to the other party. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction. The fees and expenses of the arbitrator and all hearing location costs shall be shared equally paid two-thirds (2/3) by the Association and the Employer. Each party shall pay the fees, expenses, wagesloser, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly one- third (1/3) by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacherwinner.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. H. If any teacher for whom a grievance NTPS is sustained shall be found to have been unjustly dischargeddischarged or denied a renewal of his/her contract, he he/she shall be reinstated with full reimbursement of all professional compensation lost. If he any NTPS shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him/her and his/her record cleansed of any reference to such action.
H. I. The time limits provided in this article Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to hardships of any party, the Board Superintendent shall use its his/her best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisorJ. Notwithstanding the expiration of this Agreement, he is free to do so without recourse to any claim or grievance arising hereunder may be processed through the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Associationprocedure until resolution.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Collective Bargaining Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation misinterpretation, or misapplication of any provision of this Agreement Agreement, or any violation, misinterpretation or misapplication of any rule, order or regulation of the Board may be processed as a grievance as hereinafter providedgrievance.
B. In the event that a teacher believes there is a basis for a grievance, he/she shall first discuss the alleged grievance with his/her building principal either personally or accompanied by his/her Association representative. This discussion shall take place no later than twenty (20) school days from the date of the alleged violation of the contract or twenty (20) school days from such time as the teacher should reasonably have known of the alleged grievance. In those instances where the alleged grievance was caused by an administrator in a superior position to the building administrator or other administrators, the teacher and/or the Association may by-pass Sections B through D of this Article and informally review the alleged grievance with the Superintendent or his designee. Following such informal review, if the problem has not been resolved to the satisfaction of the teacher and/or Association, the formal written grievance may be filed.* The grievant parties further agree that, at the option of the Association, procedures as outlined in Section G may be bypassed and the unresolved issues submitted to arbitration as outlined in Section H.
C. If, as a result of the informal discussion with the building principal, a grievance still exists, he/she may invoke the formal grievance procedure through the Association on the form set forth in annexed Schedule Appendix C, signed by the grievant and a representative of the Association, which form shall be available for the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisorwithin ten (10) days of discussion with the building principal. If the grievance involves more than one school building, it may be filed with the superintendent Superintendent or a representative designated by him.
C. D. Within five (5) school work days of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his his/her disposition of the grievance grievance, in writing writing, within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school work days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designeegrievance, or if no disposition has been made within five (5) school work days of such meeting meeting, or ten (10) school work days from the date of filing, whichever shall be later, the grievance shall be submitted transmitted to the Board Superintendent. Within seven (7) work days the Superintendent or his designee shall meet with the Association on the grievance and shall indicate his disposition of the grievance, in writing, within five (5) work days of such meeting, and shall furnish a copy thereof to the Association.
F. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his/her designee, or if no disposition has been made within five (5) work days of such meeting, or ten (10) working work days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Board by filing a written copy thereof with the Secretary secretary or other designee of the Board. The Personnel Committee of the Board shall meet with the Association on the grievance within ten (10) work days of the receipt of the grievance by the Board, . The Board shall render its disposition of the grievance no later than its next regular meeting or two ten (210) calendar weeks, whichever shall be later, shall hold a hearing on work days following the grievance, and give such other consideration as it shall deem appropriate. Disposition conclusion of the grievance in writing by meeting with the Board shall be made no later than seven (7) days thereafterPersonnel Committee. A copy of such the disposition shall be furnished transmitted to the Association.
F. The G. If a grievance cannot be disposed of by any of the aforementioned procedures, then either the Board or the Association may request arbitration of any unresolved grievance which apply for mediation as stated by law.
H. If the Association is arbitrable by filing the Arbitration Request Form not satisfied with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt disposition of the grievance by the Board's written disposition, or if no disposition has been made within the period above provided, the grievance may be submitted to arbitration before an impartial arbitrator. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form parties cannot agree as to the Employer through arbitrator within five (5) work days from the Superintendent's Office not later than thirty (30) working days following the notification date the Board's written disposition was due. The grievance may thereafter that arbitration will be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established hereinpursued, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator he shall be selected from a panel submitted by the American Arbitration Association pursuant in accord with its rules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to their rules assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction. The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacherparties.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. I. If any teacher for from whom a grievance is sustained shall be found to have been unjustly discharged, he he/she shall be reinstated with full reimbursement of all professional compensation lostcompensation. If he he/she shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him/her.
H. J. The time limits provided in this article Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 15th of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has K. Notwithstanding the expiration of this Agreement, any claim or grievance arising thereunder may be processed through the grievance procedure until resolution. See Appendix C: Grievance Report Form. • May be filed at level prescribed in Section E herein, but a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse copy thereof shall be forwarded to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Associationbuilding principal.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. .1 A claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication an alleged violation of any provision the expressed terms of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided. The Association shall designate an official to sign grievances filed on behalf of the Association.
B. .2 The dismissal of a tenured teacher shall be subject to the procedures prescribed by the Tenure Act.
.3 The termination of services of or failure to re-employ a probationary teacher shall not be subject to the grievance procedure.
.4 The Board retains the sole right to reprimand or discharge teachers in regard to their extra-contractual duties.
.5 During the school year the term “days” as used herein shall mean days in which school is in session. At other times of the year the term “days” shall mean calendar days excluding weekends and holidays.
.6 Written grievances as required herein shall contain the following:
1. It shall be signed by the grievant may invoke or grievants.
2. It shall be specific.
3. It shall contain a synopsis of the formal facts giving rise to the alleged violation.
4. It shall cite the section or subsections of this Agreement alleged to have been violated.
5. It shall contain the date of the alleged violation.
6. It shall specify the relief requested.
.7 Level One-In the event that the grievant believes there is a basis for a grievance, he/she shall first discuss the alleged grievance procedure on with her/her building principal either personally or at his/her option accompanied by an Association representative. Such discussion shall be instituted by the form set forth in annexed Schedule Cgrievant within five (5) days of the alleged occurrence which was the basis for the grievance. If no resolution is obtained within three (3) days of the discussion, the grievant shall reduce the grievance to writing and submit it to his/her building principal. If no resolution is obtained within three (3) days of the submission of the written grievance, the grievant shall proceed within five (5) days of submitting the written grievance to level two. If a resolution is reached, a written copy of the agreement, signed by the grievant and a representative of the AssociationSuperintendent, which form shall be available for the Association representative in each building. provided to both parties.
.8 Level Two-A copy of the written grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent Superintendent or a his/her designated representative designated by him.
C. Within five (5) school days of receipt with the endorsement thereon of the grievance, Association if it decides to process the principal or supervisor shall meet grievance with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendentgrievant. Within five (5) school days of the superintendent receipt of the written grievance, the Superintendent or his designee his/her designated representative shall meet arrange a meeting with the grievant and/or the designated Association on representative at the grievance and indicate his disposition option of the grievance in writing within teacher to discuss the grievance. Within five (5) school days of such meetingthe discussion the Superintendent or his/her designated representative shall render his/ her decision in writing, transmitting a copy of the same to the grievant, the Association Secretary, the Building Principal in which the grievance arose, and shall furnish place a copy thereof of the same in a permanent file in his/her office.
.9 If no decision is rendered within ten (10) days of the discussion with the Superintendent or his/her designated representative or the decision is unsatisfactory to the Associationgrievant, he/she may appeal the same to the Board of Education Grievance Review Committee, within 10 days, by filing a written grievance along with the decision of the Superintendent or his/her designated representative with the Secretary of the Board. A copy of all paperwork sent to the Secretary of the Board will also be sent to the Superintendent and Board of Education President. The Board of Education Grievance Review Committee shall be appointed by the President of the Board of Education and shall consist of two Board members and one administrator who is not involved in the grievance.
E. .10 Level Three – Within ten (10) days of the receipt of the written grievance, the Board of Education Grievance Review Committee shall meet with representatives that have been appointed by the President of the Association, the grievant, and the building principal with whom the grievance originated for the purpose of arriving at a mutually satisfactory solution to the grievance. The Board of Education Grievance Review Committee will render a decision within ten (10) days after the last meeting with the Association representatives.
.11 In no case shall a grievance be returned to a lower level of the grievance procedure for consideration unless by mutual agreement of both parties.
.12 If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be laterat level three, the grievance shall be submitted to the Board Association may within ten (10) working days by filing a written copy thereof with after the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of decision is rendered submit the grievance in writing by to arbitration.
.13 If the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished parties cannot agree as to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph Earbitrator, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator he/she shall be selected from a panel submitted by the American Arbitration Association pursuant in accordance with its rules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to their rules assert in such arbitration proceedings any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The arbitrator shall have no power to set the salary scale for the entire Association. In all other matters 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. The Board and the Association agree that in this case they will make every possible effort to conform to the decision of the arbitrator.
.14 Expedited arbitration may be used if it is mutually agreed to by the Association and the Board.
.15 The fees and expenses of the arbitrator and all hearing location costs Arbitrator shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacherparties.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. .16 The time limits provided in this article Article shall be strictly observed but observed. Should a grievant fail to institute or appeal a decision within the time limits specified or leave the employ of the Board, all further proceedings on a previously instituted grievance shall be barred. There is no obligation of the Association to become a party to a grievance and the Association may drop itself from the proceedings at any time.
.17 No more than one grievance concerning the same incident may be extended by written agreement of the partiesprocessed. In the event of the timely filing of a grievance is filed after May 15 that the Superintendent believes will be governed by the resolution of any year and strict adherence to the time limits may result in hardship to any partya grievance previously filed, the Board subsequent grievance shall use its best efforts to process such grievance prior to the end not be processed pending resolution of the school term or as soon thereafter as possiblepreviously filed grievance.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no .18 No grievance shall be adjusted without prior notification to the Association and the opportunity for an Association representative to be present, nor shall any an adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedureHowever, the interests of the teachers nothing herein contained shall be construed to prevent any individual teacher from presenting a grievance without the sole responsibility intervention of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any rule, order or regulation of by the Board may be processed as a grievance as hereinafter provided. A grievant believing him/her wronged by an alleged violation of the express provisions of this contract (or written board policy) shall within ten (10) days of its alleged occurrence orally discuss the grievance with the building principal in an attempt to resolve same in the presence of an Association representative. If no resolution is obtained within ten (10) days of the discussion, the teacher shall reduce the grievance to writing and proceed to "B" within five (5) days of said discussion.
B. The grievant may invoke the formal grievance procedure on the form set forth in annexed Schedule CD, signed by the grievant and a representative of the Association, which form shall be available for the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by him.
C. Within five (5) school days of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his his/her disposition of the grievance in writing within five ten (510) school days of such meeting, and shall furnish a copy thereof to the Association.
D. . D If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five ten (510) school days of such meeting or grievance shall be transmitted to the superintendent. Within ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his his/her designee shall meet with the Association on the grievance and shall indicate his his/her disposition of the grievance in writing within five ten (510) school days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Collective Bargaining Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication of any provision a specific article or section of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided.
B. The grievant may invoke . Step One - Within fifteen (15) business days of knowledge of an event that a teacher believes there is a basis for a grievance he shall first discuss the formal alleged grievance procedure on the form set forth in annexed Schedule C, signed with his building principal either personally or accompanied by the grievant and a representative of the Association, which form shall be available for the his Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisorrepresentative. If the grievance involves more than one school buildingis not satisfied with the results of this informal meeting, it may a formal grievance will be filed on the grievance form (appendix X) with the superintendent or a representative designated by him.
C. Within five (5) school days of receipt of the grievance, the building principal or supervisor shall meet with the Association in an effort to resolve the grievancefor disposition. The principal or supervisor shall indicate his disposition of the grievance in writing A second formal meeting may take place within five (5) school business days at the request of such meeting, and shall furnish a copy thereof to the Association.
D. either party. Step Two - If the grievant and/or Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school business days of such meeting (or ten (10) school business days from the date of filing, whichever shall be later, ) the grievance shall be transmitted to the Superintendent. Within five ten (510) school business days the superintendent Superintendent or his designee shall meet with the grievant and/or Association on the grievance and shall indicate his disposition of the grievance in writing within five (5) school business days of such meeting, meeting and shall furnish a copy thereof to the grievant and/or Association.
E. . Grievances concerning the evaluation, discipline or discharge of a first year probationary teacher shall not be subject to the grievance procedure past Step Two. Step Three - If the grievant and/or Association is not satisfied with the disposition of the grievance by the Superintendent or his designeeSuperintendent, the parties may request mediation of the issue through the Michigan Employment Relations Commission within thirty (30) business days of the Step Two disposition. Step Four – Should the matter not be submitted to mediation or if no disposition has been made mediation fails to resolve the grievance, within thirty (30) business days it may be submitted to arbitration before an impartial arbitrator. If the parties do not agree as to the arbitrator, within five (5) school days of such meeting or ten (10) school business days from the notification date of filingthat arbitration will be pursued, whichever shall be later, the grievance shall be submitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator he shall be selected from a panel submitted by the American Arbitration Association pursuant Michigan Employment Relations Commission (MERC) in accord with rules which shall likewise govern the arbitration proceeding. Neither party may rely on any grounds or any evidence not previously disclosed to their rules the other party. The arbitrator shall have no power to alter, add to or subtract form the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereof may be entered in any court of competent jurisdiction. The arbitrator shall have no authority to rule on prohibited subjects of bargaining. The fees and expenses of the arbitrator and all hearing location costs arbitration shall be shared equally by the Association and the Employerparties. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article Article shall be strictly observed observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 15th of any year and strict adherence to the time limits may result in hardship to any party, the Board Superintendent shall use its his/her best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor. Notwithstanding the expiration of this Agreement, he is free to do so without recourse to any claim or grievance arising thereunder may be processed through the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Associationprocedure until resolution.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Professional Master Contract
PROFESSIONAL GRIEVANCE PROCEDURE. A. A grievance is a claim by a teacher or the Association that there has been a violation, misinterpretation misinterpretation, or misapplication of any provision of this Agreement or any rule, order or regulation of the Board Agreement. Said grievance may be processed as a grievance as hereinafter providedby the following procedure.
B. The grievant may invoke If a teacher believes there is a basis for a grievance, he/she shall first discuss the alleged grievance with the Superintendent either personally or accompanied by the Association representative within fifteen (15) school days of the alleged grievance. Within ten (10) school days after discussion of the grievance,the Superintendent shall give the disposition orally to the teacher and association. School days shall be defined as student instructional days during the school year and days when the central office is open during the summer.
C. If the grievance is not resolved informally, the teacher shall, within ten (10) school days of receipt of the Superintendent’s disposition, to utilize the formal grievance procedure on the form set forth in annexed Schedule C, Section 6.3 signed by the grievant and a representative of the Association, which form shall be available for the Association representative in each building. A a copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by himSuperintendent.
C. D. Within five (5) school days of receipt of the grievance, the principal or supervisor Superintendent shall meet with the Association in an effort to resolve the grievance. The principal or supervisor Superintendent shall indicate his his/her disposition of the grievance in writing within five (5) school days of such meeting, meeting and shall furnish a copy thereof to the Association.
D. E. If the Association is not satisfied with the disposition of the grievance, grievance by the superintendent or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of dateof the original filing, whichever shall be later, the grievance shall be transmitted taken to mediation as provided by the Michigan Employment Relations Commission. It is agreed that three members of the Board of Education will be assigned by the Board to participate in the mediation process. The parties may, by mutual written agreement, move the grievance from the superintendent’s decision directly to arbitration.
F. If the grievance remains unresolved, it may be submitted for binding arbitration by the Association, provided that written notice for submission to arbitration is delivered to the Superintendent. Within five Board of Education/Designee within twenty (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (520) school days of such meeting, and shall furnish a copy thereof to the Association.
E. If date of the Association is not satisfied final meeting of the parties with the disposition of mediator. Following the grievance by written noticeof request for submission to binding arbitration, the Superintendent or his designee, or if no disposition has been made parties will meet within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted in an attempt to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written dispositionmutually select an arbitrator. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office parties cannot later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitrationagree, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant in accord with its rules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to their rules assert in such arbitration proceedings any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter,add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may not be entered in any court of competent jurisdiction.
G. The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to himparties.
H. The time limits provided in this article Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 15th of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual Notwithstanding the expiration of this Agreement, any claim or grievance arising there-under may be processed through the grievance procedure until resolution. The following matters shall not be the basis of any grievance filed under the procedure outlined in this Article:
1. The termination of services or failure to re-employ any teacher has to a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse position on the extra-curricular schedule;
2. Any prohibited subject of bargaining. The powers of the arbitrator are subject to the grievance procedurefollowing limitations:
1. HoweverHe/she shall have no power to add to, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be presentsubtract from, nor shall disregard, alter or modify any adjustment of a grievance be inconsistent with the terms of this agreement.
2. He/she shall have no power to decide any question which, under this agreement, is within the Agreementresponsibility of the administration to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of administration and shall so construe the agreement that there will be nointerference with such responsibilities, except as they may be specifically conditioned by the agreement.
3. He/she shall have no power to interpret state or federal law.
4. He/she shall not hear any grievance previously barred from the scope of the grievance procedure.
5. More than one grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent of the parties and then only if they are of similar nature.
6. Where no wage loss has been caused by the action of the board complained of, the interests of the teachers board shall be under no obligation to make monetary adjustments and the sole responsibility of the Associationarbitrator shall have no power to order one.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from 7. Arbitration awards of grievance settlements will not be made retroactive beyond the date of an alleged incidentthe occurrence or non-occurrence of the event upon which the grievance is based.
8. The arbitrator shall have no power in the termination of services of or failure to re-employ any probationaryteacher unless the discharge is for Association activities.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by grievance is defined as an alleged violation of a specific article or section of this Agreement. Grievant shall be defined as the local Association, teacher or teachers.
1. If any such grievance arises, there shall be no stoppage or suspension of work because of such grievances; but such grievance shall be submitted to the Association that following grievance procedures stated below.
2. Before a grievance can be filed, however, both parties involved shall informally discuss the situation to be certain there has been a violation, misinterpretation or misapplication violation of any provision of this Agreement contract, or to ascertain if there is a disagreement as to a violation of any rule, order or regulation provision of this contract.
3. Any grievance filed without this initial informal conference shall be considered by all parties as null and void. Said informal conference shall be held within two (2) weeks of the Board may be processed as a grievance as hereinafter providedoccurrence or at the time the individual should have had knowledge of the occurrence.
B. The grievant may must invoke the formal grievance procedure on the form set forth in annexed Schedule CSchedule, signed by the grievant and a the representative of the Association, which form shall and it must be available for filed within ten (10) days of the Association representative in each buildingdecision at the informal conference. A copy of the grievance form shall be delivered to the principal or supervisorof the building involved and to the Association. If the grievance involves more than one school building, it may be filed with the superintendent Superintendent or a representative designated by him/her.
C. Within five ten (510) school days of receipt of the grievance, the principal or supervisor shall meet with the Association President, Grievance Chairperson, or his/her designee in an effort to resolve the grievance. The principal or supervisor shall indicate his his/her disposition of the grievance in writing within five ten (510) school days of such meeting, and shall furnish a copy thereof to the AssociationAssociation and to the grievant.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five ten (510) school days of such meeting (or ten twenty (1020) school days from the date of filing, whichever shall be later), the grievance may be transmitted to the superintendent.
1. If the Association does not transmit the grievance on to the Superintendent within ten (10) days after receiving the grievance from the Principal or after the expiration of time if no disposition is made, the grievance shall be transmitted considered settled.
2. If the Association does pass the grievance on to the SuperintendentSuperintendent within the time limits prescribed, there shall be a written report signed by the President of the Association stating exactly why the Principal's disposition of the grievance was not satisfactory together with any and all information the Association has connected with the grievance.
3. Within five ten (510) school days the superintendent Superintendent or his his/her designee shall will meet with the Association on the grievance and shall indicate his his/her disposition of the grievance in writing within five ten (510) school days of such meeting, meeting and shall furnish a copy thereof together with any and all information the Superintendent has connected with the grievance to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designeegrievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days of such meeting, the grievance may be transmitted to the Board of Education.
1. If the Association does not transmit the grievance on to the Board of Education with ten (10) days after receiving the grievance from the date Superintendent or after the expiration of filing, whichever shall be latertime if no disposition is made, the grievance shall be submitted to considered settled.
2. If the Association does pass the grievance on the Board within the time limits prescribed, there shall be a written report signed by the President, Grievance Chair, or Designee of the Association stating exactly why the Superintendent’s disposition of the grievance was not satisfactory.
3. Within ten (10) days, the Board will meet with the Association in closed session, unless otherwise requested by the Association, on the grievance and shall indicate a disposition of the grievance in writing within ten (10) working days by filing of such meeting and shall furnish a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The If a satisfactory disposition of the grievance is not made as a result of Paragraph D, the Association may may, by written notice to the Board, submit the grievance to arbitration within fifteen (15) days from the last date provided for in Paragraph E.
1. Within ten (10) days after such written notice and the submission to arbitration, the Board and the Association will agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request arbitration for a list of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with arbitrators will be made to the American Arbitration Association by the Association. The parties will be bound by the rules and delivering a copy procedures of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis selection of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The an arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacherThe arbitrator so selected will hear the matter promptly and will issue his/her decision not later than twenty (20) days from the date of the close of the hearings, including but not limited to discharge, demotion, layoff or failure to recallor, if that action when timely raised is subject oral hearings have been waived, then 20 days from the date the final statements and proofs are submitted to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decidedhim/her. The arbitrator's decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions on the issues submitted.
3. The arbitrator shall be final and binding upon have no power to add to, subtract from, disregard, alter, or modify any of the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in terms of this Agreement.
G. 4. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he he/she shall be reinstated with full reimbursement reimbursement.
5. The decision of all professional compensation lost. If he the arbitrator shall have been found be submitted to have been improperly deprived of any professional compensation or advantagethe Board and the Association, and shall be final and binding upon the Association, the same or its equivalent in money Board, and the grievant.
6. The fees and expenses of the arbitrator shall be paid shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other.
G. Any grievance which occurred prior to himthe ratification date of this Agreement shall not be processed.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of If any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he he/she desires to discuss with a supervisor, he he/she is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment adjustments of a grievance be inconsistent with the terms of the this Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing I. Any time for an alleged violation is limited to twenty (20) teaching days from the date period in this Article may be extended by mutual agreement of an alleged incidentparties involved.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher teacher, or the Association Western Education Association, that there has been a violation, misinterpretation misinterpretation, or misapplication of any provision of this Agreement or any rule, order order, policy, or regulation of the Board Board, may be processed as a grievance as hereinafter provided. Grievances which do not involve alleged violations, misinterpretations or misapplications of a specific Article and Section of this Agreement may be processed through Board level but will not be arbitrable.
B. In the event that a teacher believes there is a basis for a grievance the teacher shall first discuss the alleged grievance with his/her building principal either personally or accompanied by his/her Western Education Association representative. The grievant meeting must be held within ten (10) school business days of the violation, misinterpretation or misapplication, or within ten (10) school business days of the event which caused knowledge of the alleged violation.
C. If, as a result of the informal discussion with the building principal, a grievance exists, the teacher may within ten (10) school business days of the informal discussion invoke the formal grievance procedure through the Western Education Association or on the their own, on a form substantially in accordance with that set forth in annexed Schedule C, signed by the grievant and a representative of the Association, Appendix C which form shall be available for from the Western Education Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisorprincipal. If the grievance involves more than one school building, it may be filed with the superintendent Superintendent or a representative designated by him/her.
C. D. Within five ten (510) school business days of receipt of the grievance, the principal or supervisor shall meet with the teacher and/or Western Education Association in an effort to resolve the grievance. The principal or supervisor shall indicate his his/her disposition of the grievance in writing within five ten (510) school business days of such meeting, and shall furnish a copy thereof to the AssociationWestern Education Association and to the grievant(s).
D. E. If the Western Education Association and/or teacher is not satisfied with the disposition of the grievance, or if no disposition has been made within five ten (510) school business days of such meeting (or ten (10) school business days from the date of filing, whichever shall be later), the grievance shall be transmitted to the Superintendent. Within five ten (510) school business days the superintendent or his designee Superintendent shall meet with the grievant and the Western Education Association on the grievance and shall indicate his his/her disposition of the grievance in writing within five ten (510) school business days of such meeting, and shall furnish a copy thereof to the Western Education Association, to the grievant, and the principal.
E. F. If the Association is not satisfied with the disposition settlement of the grievance by the Superintendent or his designeeis not attained in Step E, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be latertime limitations as stated, the grievance Jackson County Education Association shall be submitted notify the Board of Education by writing to the Secretary of the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.ten
Appears in 1 contract
Sources: Collective Bargaining Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher teacher, the Association or the Association Board of Education that there has been a violation, misinterpretation or misapplication violation of any provision the express terms of this Agreement or any rule, order or regulation of the Board agreement may be processed as a grievance as hereinafter provided.
B. The In the event that a teacher believes there is a basis for a grievance, he shall first discuss the alleged grievance with his building principal either personally or accompanied by his Association representative.
C. In the event that the Board believes there is a basis for a grievance, the same procedure shall be followed as stated below substituting the words "building representative" for "building principals," "GEA president" for "superintendent" and "Association" for "Board".
D. If, as a result of the informal discussion with the building principal, a grievance still exists, the grievant may invoke the formal grievance procedure on the form set forth in annexed Schedule C, signed by the grievant and a representative of also signed by the Association, which form Association if the Association is requested by the grievant to participate in the grievance procedure and if the Association agrees to participate. Grievance forms shall be available for from the Association representative in each buildingbuilding representative. A copy of the grievance form shall be delivered to the principal or supervisorprincipal. If the grievance involves more than one (1) school building, it may be filed with the superintendent or a representative designated by him. This first step shall be completed within fifteen (15) working days of the teacher's knowledge of the incident causing the grievance.
C. E. Within five ten (510) school calendar days of receipt of the grievance, the principal or supervisor shall meet with the grievant or the grievant and the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his disposition of the grievance in writing within five ten (510) school calendar days of such meeting, meeting and shall furnish a copy thereof to the Association.
D. F. If the Association is not satisfied with the disposition of the grievance, grievance or if no disposition has been made within five ten (510) school calendar days of such meeting (or ten (10) school calendar days from the date of filing, whichever shall be later), the grievance shall be transmitted to the Superintendentsuperintendent within ten (10) days of the date that the disposition of the grievance is rendered by the principal. Within five ten (510) school days calendar days, the superintendent or his designee shall meet with the Association on the grievance and shall indicate his disposition of the grievance in writing within five ten (510) school calendar days of such meeting, meeting and shall furnish a copy thereof to the Association.
E. G. If the Association is not satisfied with the disposition of the grievance by the Superintendent superintendent or his designee, designee or if no disposition has been made within five ten (510) school calendar days of such meeting (or ten (10) school calendar days from the date of filing, whichever shall be later, ) the grievance shall be submitted transmitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary secretary or other designee of the BoardBoard within ten (10) days of the date that the disposition of the grievance is rendered by the superintendent. The Board, no later than its next regular meeting or two (2) calendar weeks, weeks whichever shall be later, shall hold a hearing meet with the Association on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall should be made no later than seven ten (710) calendar days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration H. Within ten (10) calendar days after receiving the disposition from the Board or within ten (10) days of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt expiration of the Board's written time limit for rendering a decision, the grievance may be submitted to arbitration before an impartial arbitrator if the Association is not satisfied with the disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form parties cannot agree as to the Employer through arbitrator within ten (10) calendar days from the Superintendent's Office not later than thirty (30) working days following the notification date the Board's written disposition was due. The grievance may thereafter that arbitration will be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established hereinpursued, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator he shall be selected from a panel submitted by the American Arbitration Association pursuant in accord with its rules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to their rules assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, subtract from the terms of this agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
I. If a grievance is sustained by the arbitrator, the fees and expenses of the arbitrator and all hearing location costs shall be shared equally paid by the Association and Board. If the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may is not be considered sustained by the arbitrator:
1. The termination , such fees and expenses of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commissionarbitrator shall be paid by the Association. If the issue arbitrator decides in favor of arbitrability is raisedneither party, the arbitrator parties shall not determine equally share the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final ’s fees and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreementexpenses.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. J. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisorK. Notwithstanding the expiration of this agreement, he is free to do so without recourse to any claim or grievance arising thereunder may be processed through the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers procedure until resolution.
L. It shall be the sole responsibility function of the Association.
J. Filing time for an arbitrator and he shall be empowered except as his powers are limited below, after due investigation, to make a decision in cases of alleged violation is limited of the specific articles and sections of this agreement. He shall have no power regarding the termination of tenure and non-tenure teachers or in any other cases that are covered by the Teacher Tenure Act. He shall have no power to twenty (20) teaching days from change any established practice, written policy or rule of the Board nor to substitute his judgment for that of the Board as to the reasonableness of any such established practice, written policy or rule taken by the Board as long as such established practice, written policy or rule are not in violation of this agreement. The Board shall not be required to pay back wages prior to the effective date of this agreement. Any grievance occurring during the period between the termination date of this agreement and the date of an alleged incidentsigning of the new agreement shall be processed on the basis of the prior agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided. Probationary teachers shall be limited to Step D of the Professional Grievance Procedure in Article 17 of this agreement for all grievances filed under the articles of this agreement.
B. In the event that a teacher believes there is a basis for a grievance he shall first discuss the alleged grievance with his building principal/superintendent either personally or accompanied by his association representative. The grievant grievance must be filed within ten (10) workdays of the violation, misinterpretation, or misapplication or within ten (10) workdays of the discovery thereof. If time limits are not complied with, grievance will be made null and void. Time limits can be made void by mutual agreement.
C. If, as a result of the informal discussion with the building principal, a grievance still exists, the teacher may invoke the formal grievance procedure through the Association on the form set forth in annexed Schedule CAppendix III, signed by the grievant and a representative of the Association, which form shall be available for from the Association association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisorprincipal. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by him.
C. D. Within five ten (510) school days workdays of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days workdays of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designeegrievance, or if no disposition has been made within five (5) school days workdays of such meeting or ten (10) school days workdays from the date of filing, whichever shall be later, the grievance shall be submitted transmitted to the Board superintendent. Within seven (7) workdays the superintendent or his designee shall meet with the Association on the grievance and shall indicate his disposition of the grievance in writing within five (5) workdays of such meeting, and shall furnish a copy thereof to the Association.
F. If the Association is not satisfied with the disposition of the grievance by the superintendent or his designee or if no disposition has been made within five (5) workdays of such meeting or ten (10) working days workdays from the date of the filing, whichever shall be later, the grievance shall be transmitted to the Board by filing a written copy thereof with the Secretary secretary or other designee of the Board. The Board, no later than its next regular meeting or within two (2) calendar weeks, whichever shall be later, shall hold a hearing meet with the Association on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days workdays thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration . Utilization of any unresolved this step of the grievance which is arbitrable by filing the Arbitration Request Form procedure shall be optional with the American Arbitration Association. If in the opinion of the Association and delivering a copy there would be no useful purpose derived out of the utilization of this Form to step, the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If Association shall notify the Board fails of its intention to answer a grievance this regard within the time limits set forth in Paragraph Eherein specified.
G. If the Association is not satisfied with the disposition of the grievance by the Board, or if no disposition has been made within the period above provided, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitrationarbitration before an impartial arbitrator. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator The Arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant in accord with its rules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to their rules assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
H. The fees and expenses of the arbitrator and all hearing location costs shall be shared equally paid by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:losing party.
1. The termination of service of or failure to reemploy I. If any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any tenure teacher for from whom a grievance is sustained shall be found to have been unjustly dischargeddischarged or unjustly denied renewal of his contract, he shall be reinstated with full reimbursement of all professional compensation lost. If he any teacher shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. J. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 15th of any year and strict adherence to the time limits may result in hardship to of any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisorK. Not withstanding the expiration of this Agreement, he is free to do so without recourse to any claim or grievance arising thereunder may be processed through the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Associationprocedure until resolution.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. 20.1 A claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication an alleged violation of any provision the expressed terms of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided. The Association shall designate an official to sign grievances filed on behalf of the Association. Failure at any level of this procedure to communicate the decision on a grievance within the specified time limits shall permit lodging an appeal at the next level of this procedure within the time allotted had the decision been given. Failure to appeal a decision within the specified time limits shall be deemed an acceptance of the decision. The time limits specified in this procedure may be extended in any specific instance by mutual agreement in writing.
20.2 The dismissal of a tenured teacher shall be subject to the procedures prescribed by the Tenure Act.
20.3 The termination of services of or failure to re-employ a probationary teacher shall not be subject to the grievance procedure.
20.4 The Board retains the sole right to reprimand or discharge teachers in regard to their extra- contractual duties.
20.5 During the school year the term “days” as used herein shall mean days in which school is in session. At other times of the year the term “days” shall mean calendar days excluding weekends and holidays.
20.6 Written grievances as required herein shall contain the following:
A. It shall be signed by the grievant or grievants.
B. The It shall be specific.
C. It shall contain a synopsis of the facts giving rise to the alleged violation.
D. It shall cite the section or subsections of this Agreement alleged to have been violated.
E. It shall contain the date of the alleged violation.
F. It shall specify the relief requested.
20.7 Level One-In the event that the grievant may invoke believes there is a basis for a grievance, he/she shall first discuss the formal alleged grievance procedure on with her/her building principal either personally or at his/her option accompanied by an Association representative. Such discussion shall be instituted by the form set forth in annexed Schedule Cgrievant within five (5) days of the alleged occurrence, which was the basis for the grievance. If no resolution is obtained within three (3) days of the discussion, the grievant shall reduce the grievance to writing and submit it to his/her building principal. If no resolution is obtained within three (3) days of the submission of the written grievance, the grievant shall proceed within five (5) days of submitting the written grievance to level two. If a resolution is reached, a written copy of the agreement, signed by the grievant and a representative of the AssociationSuperintendent, which form shall be available for the Association representative in each building. provided to both parties.
20.8 Level Two-A copy of the written grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent Superintendent or a his/her designated representative designated by him.
C. Within five (5) school days of receipt with the endorsement thereon of the grievance, Association if it decides to process the principal or supervisor shall meet grievance with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendentgrievant. Within five (5) school days of the superintendent receipt of the written grievance, the Superintendent or his designee his/her designated representative shall meet arrange a meeting with the grievant and/or the designated Association on representative at the grievance and indicate his disposition option of the grievance in writing within teacher to discuss the grievance. Within five (5) school days of such meetingthe discussion the Superintendent or his/her designated representative shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association Secretary, the Building Principal in which the grievance arose, and shall furnish place a copy thereof of the same in a permanent file in his/her office.
20.9 If no decision is rendered within ten (10) days of the discussion with the Superintendent or his/her designated representative or the decision is unsatisfactory to the Associationgrievant, he/she may appeal the same to the Board of Education Grievance Review Committee, within 10 days, by filing a written grievance along with the decision of the Superintendent or his/her designated representative with the Secretary of the Board. A copy of all paperwork sent to the Secretary of the Board will also be sent to the Superintendent. The Board of Education Grievance Review Committee shall be appointed by the President of the Board of Education and shall consist of two Board members and one administrator who is not involved in the grievance.
E. 20.10 Level Three – Within ten (10) days of the receipt of the written grievance, the Board of Education Grievance Review Committee shall meet with representatives that have been appointed by the President of the Association, the grievant, and the building principal with whom the grievance originated for the purpose of arriving at a mutually satisfactory solution to the grievance. The Board of Education Grievance Review Committee will render a decision within ten (10) days after the last meeting with the Association representatives.
20.11 In no case shall a grievance be returned to a lower level of the grievance procedure for consideration unless by mutual agreement of both parties.
20.12 If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be laterat level three, the grievance shall be submitted to the Board Association may within ten (10) working days by filing a written copy thereof with after the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of decision is rendered submit the grievance in writing by to arbitration.
20.13 If the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished parties cannot agree as to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph Earbitrator, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator he/she shall be selected from a panel submitted by the American Arbitration Association pursuant in accordance with its rules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to their rules assert in such arbitration proceedings any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The arbitrator shall have no power to set the salary scale for the entire Association. In all other matters 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. The Board and the Association agree that in this case they will make every possible effort to conform to the decision of the arbitrator.
20.14 Expedited arbitration may be used if it is mutually agreed to by the Association and the Board.
20.15 The fees and expenses of the arbitrator and all hearing location costs Arbitrator shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacherparties.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. 20.16 The time limits provided in this article Article shall be strictly observed but observed. Should a grievant fail to institute or appeal a decision within the time limits specified or leave the employ of the Board, all further proceedings on a previously instituted grievance shall be barred. There is no obligation of the Association to become a party to a grievance and the Association may drop itself from the proceedings at any time.
20.17 No more than one grievance concerning the same incident may be extended by written agreement of the partiesprocessed. In the event of the timely filing of a grievance is filed after May 15 that the Superintendent believes will be governed by the resolution of any year and strict adherence to the time limits may result in hardship to any partya grievance previously filed, the Board subsequent grievance shall use its best efforts to process such grievance prior to the end not be processed pending resolution of the school term or as soon thereafter as possiblepreviously filed grievance.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no 20.18 No grievance shall be adjusted without prior notification to the Association and the opportunity for an Association representative to be present, nor shall any an adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedureHowever, the interests of the teachers nothing herein contained shall be construed to prevent any individual teacher from presenting a grievance without the sole responsibility intervention of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation misinterpretation, or misapplication of any provision of this Agreement agreement or any rule, order order, or regulation of the Board may be processed as a grievance within thirty (30) calendar days of the cited incident of a claim listed above as hereinafter providedprovided by using Section-B will sunset and will not be processed due to failure to make the timeline set herein Section-A.
B. In the event that a teacher believes there is a basis for a grievance, the teacher must adhere to the timeline sited in Section-A. He/she shall first discuss the alleged cited grievance with his/her building principal either personally or accompanied by his/her Association representative.
B. The grievant C. If, as a result of the informal discussion with the building principal, a grievance still exists, he/she may continue to invoke the formal grievance procedure on the form set forth in annexed Schedule C, Article XX signed by the grievant and a representative of the Association, which form shall be available for from the Association representative in each buildingbuilding or withdraw the grievance. A copy of the grievance form from the grievant shall be delivered to the principal or supervisorprincipal. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by him/her.
C. D. Within five three (53) school days of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his his/her disposition of the grievance in writing within five three (5) school days of such meeting, and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (53) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five three (53) school days of such meeting (or ten (10) six [6] school days from the date of filing, whichever shall be later), the grievance shall be submitted transmitted to the superintendent. Within five (5) days the superintendent or his/her designee shall meet with the Association of the grievance and shall indicate his/her disposition of the grievance in writing within three (3) school days of such meeting, and shall furnish a copy thereof to the Association.
F. If the Association is not satisfied with the disposition of the grievance by the superintendent or his/her designee or if no disposition has been made within three (3) school days of such meeting (or six [6] school days from the date of filing, whichever shall be later) the grievance shall be transmitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary secretary or other designee of the Board. The Board, no not later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall may hold a hearing on the grievance, and review such grievance in executive session, or give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The G. If the Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form not satisfied with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt disposition of the Board's written disposition. If grievance by the Board fails to answer a grievance or if no disposition has been made within the time limits set forth in Paragraph Eperiod above provided, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitrationbinding arbitration before an impartial arbitrator. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the The arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their in accord with its rules which shall likewise govern the arbitration proceeding. The fees Board and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and not be permitted to assert in such arbitration preceding any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited ground or to rely on any evidence not previously disclosed to the application and interpretation of this Agreement as written. other party.
1) The arbitrator shall at all times be governed wholly by have no power to alter, add to, or subtract from the terms of this Agreement and agreement.
2) The arbitrator shall have no power or authority to amend, alter review or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitratoron:
1. a) Any matters which is a prohibited subject of bargaining, e.g., under MCL 423.215;
b) The appointment to any Appendix VI, Schedule B position or termination of service of services or failure to reemploy a member of the bargaining unit to an Appendix VI, Schedule B position;
c) The content of any probationary teacherinsurance policy or the administration of any insurance related policy or benefit which policy and benefits(s) including eligibility, are administered by a third party.
2▇. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure CommissionA mutually agreeable third party can be submitted for said arbitrator. The third party will be cloaked with all power of an arbitrator. If after one week a third party cannot be agreed upon, an arbitrator from the issue American Arbitration Association will be called. Cost of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall arbitration will be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreementshared on a 50-50 basis.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. I. The time limits provided in this article Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 15th of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. ▇. If an individual teacher has a personal complaint which he he/she desires to discuss with a supervisorprincipal, he he/she is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreementthis agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Collective Bargaining Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. 20.1 A claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication an alleged violation of any provision the expressed terms of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided. The Association shall designate an official to sign grievances filed on behalf of the Association.
B. 20.2 The dismissal of a tenured teacher shall be subject to the procedures prescribed by the Tenure Act.
20.3 The termination of services of or failure to re-employ a probationary teacher shall not be subject to the grievance procedure.
20.4 The Board retains the sole right to reprimand or discharge teachers in regard to their extra- contractual duties.
20.5 During the school year the term “days” as used herein shall mean days in which school is in session. At other times of the year the term “days” shall mean calendar days excluding weekends and holidays.
20.6 Written grievances as required herein shall contain the following:
1. It shall be signed by the grievant may invoke or grievants.
2. It shall be specific.
3. It shall contain a synopsis of the formal facts giving rise to the alleged violation.
4. It shall cite the section or subsections of this Agreement alleged to have been violated.
5. It shall contain the date of the alleged violation.
6. It shall specify the relief requested.
20.7 Level One-In the event that the grievant believes there is a basis for a grievance, he/she shall first discuss the alleged grievance procedure on with her/her building principal either personally or at his/her option accompanied by an Association representative. Such discussion shall be instituted by the form set forth in annexed Schedule Cgrievant within five (5) days of the alleged occurrence which was the basis for the grievance. If no resolution is obtained within three (3) days of the discussion, the grievant shall reduce the grievance to writing and submit it to his/her building principal. If no resolution is obtained within three (3) days of the submission of the written grievance, the grievant shall proceed within five (5) days of submitting the written grievance to level two. If a resolution is reached, a written copy of the agreement, signed by the grievant and a representative of the AssociationSuperintendent, which form shall be available for the Association representative in each building. provided to both parties.
20.8 Level Two-A copy of the written grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent Superintendent or a his/her designated representative designated by him.
C. Within five (5) school days of receipt with the endorsement thereon of the grievance, Association if it decides to process the principal or supervisor shall meet grievance with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendentgrievant. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph Egrievance, the Association may request arbitration by filing the Arbitration Request Form Superintendent or his/her designated representative shall arrange a meeting with the American Arbitration grievant and/or the designated Association and delivering a copy of this Form to representative at the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis option of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance proceduregrievance. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.Within five
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. Except as provided below, an alleged violation of this Article is not subject to arbitration in the grievance process. The two exceptions are as follows:
(a) Probationary teachers cannot grieve any matters related to placement, layoff/recall, evaluations, or discipline.
(b) An Arbitrator shall have jurisdiction to consider a grievance filed by a tenured teacher who receives two (2) consecutive ratings of “Needing Support.”
A. A claim by a teacher or the Association that there has been a violation, misinterpretation misinterpretation, or misapplication of any provision of this Agreement or any rule, order or regulation of shall be subject to the Board may be processed as a grievance as hereinafter providedprocedure.
B. The In the event that a teacher believes there is a basis for a grievance, he/she shall first discuss the alleged grievance with his/her building principal, either personally or accompanied by his/her Association representative.
C. If, as a result of the informal discussion with the building principal, a grievance shall exist, the grievant may invoke the formal grievance procedure on the form set forth in annexed Schedule C, Appendix C. Filed grievances shall be signed by the grievant and a representative of the Association, which form . Grievance forms shall be furnished by the Board and are available for from the Association representative representatives in each building. A copy The grievance shall be written and filed within fifteen (15) days of the grievance form its occurrence, or it shall be delivered to the principal or supervisorprincipal. If the grievance involves more than one (1) school building, it may be filed with the superintendent Superin- tendent or a representative designated by himhis/her designee.
C. D. Within five three (53) school days of the receipt of the grievance, the principal or supervisor Superintendent shall meet with the Association Representative(s) in an effort to resolve the grievance. The principal or supervisor Superintendent shall indicate his his/her disposition of the grievance in writing within five three (53) school days of such meeting, meeting and shall furnish a copy copies thereof to the Association.
D. E. If the Association grievant is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be latermade, the grievance shall be transmitted to the SuperintendentSuperintendent within ten (10) days of the initial filing. Within five (5) school days days, the superintendent Superintendent or his his/her designee shall meet with the Association representative on the grievance and indicate his his/her disposition of the grievance in writing within five three (53) school days of such meeting, meeting and shall furnish a copy thereof to the Association.
E. F. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designeeSuperintendent, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be laterperiod provided above, the grievance shall may be submitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was duebefore an impartial arbitrator. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally carried forward by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.within forty-five
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A grievance is a claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any rule, order or regulation of the Board Agreement. Said grievance may be processed as a grievance as hereinafter providedby the following procedure.
B. The grievant may In the event that a teacher believes there is a basis for a grievance, he/she shall first discuss the alleged grievance with the Superintendent either personally or accompanied by the Association representative within fifteen (15) school days of the alleged grievance. Within ten (10) school days after discussion of the grievance, the Superintendent shall give the disposition orally to the teacher and association. School days shall be defined as student instructional days during the school year and days when the central office is open during the summer.
C. If the grievance is not resolved informally, the teacher shall, within ten (10) school days of receipt of the Superintendent’s disposition, invoke the formal grievance procedure on the form set forth in annexed Schedule C, Section 6.3 signed by the grievant and a representative of the Association, which form shall be available for from the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by himSuperintendent.
C. D. Within five (5) school days of receipt of the grievance, the principal or supervisor Superintendent shall meet with the Association in an effort to resolve the grievance. The principal or supervisor Superintendent shall indicate his his/her disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designee, superintendent or if no disposition has been made within five (5) school days of such meeting [or ten (10) school days from the date of the original filing, whichever shall be later], the grievance shall be taken to mediation as provided by the Michigan Employment Relations Commission. It is agreed that three members of the Board of Education will be assigned by the Board to participate in the mediation process. The parties may, by mutual written agreement, move the grievance from the superintendent’s decision directly to arbitration.
F. If the grievance remains unresolved, it may be submitted for binding arbitration by the Association, provided that written notice for submission to arbitration is delivered to the Board of Education/Designee within twenty (20) school days of the date of the final meeting of the parties with the mediator. Following the written notice of request for submission to binding arbitration, the parties will meet within ten (10) working school days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished an attempt to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written dispositionmutually select an arbitrator. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office parties cannot later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitrationagree, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant in accord with its rules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to their rules assert in such arbitration proceedings any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may not be entered in any court of competent jurisdiction.
G. The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. parties.
H. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, in the following may not be considered by the arbitrator:
1. The termination of service services of or failure to reemploy re-employ any probationary teacherteacher unless the discharge is for Association activities.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. I. The time limits provided in this article Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 15th of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual J. Not withstanding the expiration of this Agreement, any claim or grievance arising there-under may be processed through the grievance procedure until resolution. The following matters shall not be the basis of any grievance filed under the procedure outlined in this Article:
1. The termination of services or failure to re-employ any teacher has to a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse position on the extra-curricular schedule; The powers of the arbitrator are subject to the grievance procedurefollowing limitations:
1. HoweverHe/she shall have no power to add to, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be presentsubtract from, nor shall disregard, alter or modify any adjustment of a grievance be inconsistent with the terms of this agreement.
2. He/she shall have no power to decide any question which, under this agreement, is within the Agreementresponsibility of the administration to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of administration and shall so construe the agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by the agreement.
3. He/she shall have no power to interpret state or federal law.
4. He/she shall not hear any grievance previously barred from the scope of the grievance procedure.
5. More than one grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent of the parties and then only if they are of similar nature.
6. Where no wage loss has been caused by the action of the board complained of, the interests of the teachers board shall be under no obligation to make monetary adjustments and the sole responsibility of the Associationarbitrator shall have no power to order one.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from 7. Arbitration awards of grievance settlements will not be made retroactive beyond the date of an alleged incidentthe occurrence or non-occurrence of the event upon which the grievance is based.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by grievance is defined as an alleged violation of a specific article or section of this Agreement. Grievant shall be defined as the local Association, teacher or teachers. Prohibited subjects of bargaining are not subject to the Association that grievance procedure, including evaluation, layoff and recall, merit pay, assignment and transfer, discipline and discharge.
1. If any such grievance arises, there shall be no stoppage or suspension of work because of such grievances; but such grievance shall be submitted to the following grievance procedures stated below.
2. Before a grievance can be filed, however, both parties involved shall informally discuss the situation to be certain there has been a violation, misinterpretation or misapplication violation of any provision of this Agreement contract, or to ascertain if there is a disagreement as to a violation of any rule, order or regulation provision of this contract.
3. Any grievance filed without this initial informal conference shall be considered by all parties as null and void. Said informal conference shall be held within two (2) weeks of the Board may be processed as a grievance as hereinafter providedoccurrence or at the time the individual should have had knowledge of the occurrence.
B. The grievant may must invoke the formal grievance procedure on the form set forth in annexed Schedule CSchedule, signed by the grievant and a the representative of the Association, which form shall and it must be available for filed within ten (10) days of the Association representative in each buildingdecision at the informal conference. A copy of the grievance form shall be delivered to the principal or supervisorof the building involved and to the Association. If the grievance involves more than one school building, it may be filed with the superintendent Superintendent or a representative designated by him/her.
C. Within five ten (510) school days of receipt of the grievance, the principal or supervisor shall meet with the Association President, Grievance Chairperson, or his/her designee in an effort to resolve the grievance. The principal or supervisor shall indicate his his/her disposition of the grievance in writing within five ten (510) school days of such meeting, and shall furnish a copy thereof to the AssociationAssociation and to the grievant.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five ten (510) school days of such meeting (or ten twenty (1020) school days from the date of filing, whichever shall be later), the grievance may be transmitted to the superintendent.
1. If the Association does not transmit the grievance on to the Superintendent within ten (10) days after receiving the grievance from the Principal or after the expiration of time if no disposition is made, the grievance shall be transmitted considered settled.
2. If the Association does pass the grievance on to the SuperintendentSuperintendent within the time limits prescribed, there shall be a written report signed by the President of the Association stating exactly why the Principal’s disposition of the grievance was not satisfactory together with any and all information the Association has connected with the grievance.
3. Within five ten (510) school days the superintendent Superintendent or his his/her designee shall will meet with the Association on the grievance and shall indicate his his/her disposition of the grievance in writing within five ten (510) school days of such meeting, meeting and shall furnish a copy thereof together with any and all information the Superintendent has connected with the grievance to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designeegrievance, or if no disposition has been made within five ten (510) school days of such meeting, the grievance may be transmitted to the Board of Education.
1. If the Association does not transmit the grievance on to the Board of Education within ten (10) days after receiving the grievance from the Superintendent or after the expiration of time if no disposition is made, the grievance shall be considered settled.
2. If the Association does pass the grievance on to the Boards within the time limits prescribed, there shall be a written report signed by the President, Grievance Chair, or Designee of the Association stating exactly why the Superintendent’s disposition of the grievance was not satisfactory.
3. Within ten (10) days, the Board will meet with the Association in closed session, consistent with the Open Meetings Act, unless otherwise requested by the Association, on the grievance and shall indicate a disposition of the grievance in writing within ten (10) days of such meeting or and shall furnish a copy thereof to the Association.
F. If a satisfactory disposition of the grievance is not made as a result of Paragraph D, the Association may, by written notice to the Board, submit the grievance to arbitration within fifteen (15) days from the last date provided for in Paragraph E.
1. Within ten (10) school days after such written notice and the submission to arbitration, the Board and the Association will agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators will be made to the American Arbitration Association by the Association. The parties will be bound by the rules and procedures of the American Arbitration Association in the selection of an arbitrator. The arbitrator shall have no authority to review evaluation, layoff and recall, assignment, placement, merit pay, discipline and/or discharge, or any other prohibited subject of bargaining.
2. The arbitrator so selected will hear the matter promptly and will issue his/her decision not later than twenty (20) days from the date of filingthe close of the hearings, whichever or, if oral hearings have been waived, then 20 days from the date the final statements and proofs are submitted to him/her. The arbitrator's decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions on the issues submitted.
3. The arbitrator shall be laterhave no power to add to, subtract from, disregard, alter, or modify any of the grievance terms of this Agreement.
4. The decision of the arbitrator shall be submitted to the Board within ten (10) working days by filing a written copy thereof with and the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievanceAssociation, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer Board, and employees in the bargaining unit; provided, however, that each party may have its legal remedies if grievant.
5. The fees and expenses of the arbitrator exceeds shall be shared equally by the jurisdiction provided in this Agreementparties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other.
G. If any teacher for whom a Any grievance is sustained which occurred prior to the ratification date of this Agreement shall not be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to himprocessed.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of If any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he he/she desires to discuss with a supervisor, he he/she is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment adjustments of a grievance be inconsistent with the terms of the this Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher teacher, the Association, or the Association Board of Education that there has been a violation, misinterpretation or misapplication violation of any provision the express terms of this Agreement or any rule, order or regulation of the Board agreement may be processed as a grievance as hereinafter provided.
B. The In the event that a teacher believes there is a basis for a grievance, he shall first discuss the alleged grievance with his building principal either personally or accompanied by his Association representative.
C. In the event that the Board believes there is a basis for a grievance, the same procedure shall be followed as stated below substituting the words "building representative" for "building principals," "GEA president" for "superintendent" and "Association" for "Board".
D. If, as a result of the informal discussion with the building principal, a grievance still exists, the grievant may invoke the formal grievance procedure on the form set forth in annexed Schedule C, signed by the grievant and a representative of also signed by the Association, which form Association if the Association is requested by the grievant to participate in the grievance procedure and if the Association agrees to participate. Grievance forms shall be available for from the Association representative in each buildingbuilding representative. A copy of the grievance form shall be delivered to the principal or supervisorprincipal. If the grievance involves more than one (1) school building, it may be filed with the superintendent superintendent, or a representative designated by him. This first step shall be completed within fifteen (15) working days of the teacher's knowledge of the incident causing the grievance.
C. E. Within five ten (510) school calendar days of receipt of the grievance, the principal or supervisor shall meet with the grievant or the grievant and the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his disposition of the grievance in writing within five ten (510) school calendar days of such meeting, meeting and shall furnish a copy thereof to the Association.
D. F. If the Association is not satisfied with the disposition of the grievance, grievance or if no disposition has been made within five ten (510) school calendar days of such meeting (or ten (10) school calendar days from the date of filing, whichever shall be later), the grievance shall be transmitted to the Superintendentsuperintendent within ten (10) days of the date that the disposition of the grievance is rendered by the principal. Within five ten (510) school days calendar days, the superintendent or his designee shall meet with the Association on the grievance and shall indicate his disposition of the grievance in writing within five ten (510) school calendar days of such meeting, meeting and shall furnish a copy thereof to the Association.
E. G. If the Association is not satisfied with the disposition of the grievance by the Superintendent superintendent or his designee, designee or if no disposition has been made within five ten (510) school calendar days of such meeting (or ten (10) school calendar days from the date of filing, whichever shall be later, ) the grievance shall be submitted transmitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary secretary or other designee of the BoardBoard within ten (10) days of the date that the disposition of the grievance is rendered by the superintendent. The Board, no later than its next regular meeting or two (2) calendar weeks, weeks whichever shall be later, shall hold a hearing meet with the Association on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall should be made no later than seven ten (710) calendar days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing H. Within ten (10) calendar days after receiving the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If disposition from the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.ten
Appears in 1 contract
Sources: Collective Bargaining Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation misinterpretation, or misapplication of any provision of this Agreement agreement or any rule, order order, or regulation of the Board may be processed as a grievance within thirty (30) calendar days of the cited incident of a claim listed above as hereinafter providedprovided by using Section-B will sunset and will not be processed due to failure to make the timeline set herein Section-A.
B. In the event that a teacher believes there is a basis for a grievance, the teacher must adhere to the timeline sited in Section-A. He/she shall first discuss the alleged cited grievance with his/her building principal either personally or accompanied by his/her Association representative.
B. The grievant C. If, as a result of the informal discussion with the building principal, a grievance still exists, he/she may continue to invoke the formal grievance procedure on the form set forth in annexed Schedule C, Article XX signed by the grievant and a representative of the Association, which form shall be available for from the Association representative in each buildingbuilding or withdraw the grievance. A copy of the grievance form from the grievant shall be delivered to the principal or supervisorprincipal. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by him/her.
C. D. Within five three (53) school days of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his his/her disposition of the grievance in writing within five three (5) school days of such meeting, and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (53) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five three (53) school days of such meeting (or ten (10) six [6] school days from the date of filing, whichever shall be later), the grievance shall be submitted transmitted to the superintendent. Within five (5) days the superintendent or his/her designee shall meet with the Association of the grievance and shall indicate his/her disposition of the grievance in writing within three (3) school days of such meeting, and shall furnish a copy thereof to the Association.
F. If the Association is not satisfied with the disposition of the grievance by the superintendent or his/her designee or if no disposition has been made within three (3) school days of such meeting (or six [6] school days from the date of filing, whichever shall be later) the grievance shall be transmitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary secretary or other designee of the Board. The Board, no not later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall may hold a hearing on the grievance, and review such grievance in executive session, or give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The G. If the Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form not satisfied with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt disposition of the Board's written disposition. If grievance by the Board fails to answer a grievance or if no disposition has been made within the time limits set forth in Paragraph Eperiod above provided, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitrationbinding arbitration before an impartial arbitrator. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the The arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their in accord with its rules which shall likewise govern the arbitration proceeding. The fees Board and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and not be permitted to assert in such arbitration preceding any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited ground or to rely on any evidence not previously disclosed to the application and interpretation of this Agreement as written. other party.
1) The arbitrator shall at all times be governed wholly by have no power to alter, add to, or subtract from the terms of this Agreement and agreement.
2) The arbitrator shall have no power or authority to amend, alter review or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitratoron:
1. a) Any matters which is a prohibited subject of bargaining, e.g., under MCL 423.215;
b) The appointment to any Appendix VI, Schedule B position or termination of service of services or failure to reemploy any probationary teacher.a member of the bargaining unit to an Appendix VI, Schedule B position;
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits c) The content of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon insurance policy or the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived administration of any professional compensation insurance related policy or advantagebenefit which policy and benefits(s) including eligibility, the same or its equivalent in money shall be paid to himare administered by a third party.
H. A mutually agreeable third party can be submitted for said arbitrator. The third party will be cloaked with all power of an arbitrator. If after one week a third party cannot be agreed upon, an arbitrator from the American Arbitration Association will be called. Cost of arbitration will be shared on a 50-50 basis.
I. The time limits provided in this article Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 15th of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. J. If an individual teacher has a personal complaint which he he/she desires to discuss with a supervisorprincipal, he he/she is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreementthis agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Collective Bargaining Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation misinterpretation, or misapplication of any provision of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter providedgrievance.
B. In the event that a teacher believes there is a basis for a grievance, the teacher shall first discuss the alleged grievance with his/her building principal either personally or accompanied by his/her Association representative. The grievant grievance must be filed within ten (10) work days of the violation, misinterpretation or misapplication, or within ten (10) work days of the discovery thereof.
C. If, as a result of the informal discussion with the building principal, a grievance still exists, the teacher may invoke the formal grievance procedure on the form set forth in annexed Schedule C, signed by the grievant and a representative of the Association, which form shall be available for through the Association representative in each buildingon a grievance form. A copy of the grievance form shall be delivered to the principal or supervisorprincipal. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by him/her.
C. D. Within five (5) school work days of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his his/her disposition of the grievance in writing within five (5) school work days of such meeting, meeting and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance or if no disposition has been made within five (5) work days of such meeting (or ten (10) work days from the date of filing, whichever shall be later), the grievance shall be transmitted to the superintendent. Within ten (10) work days, the superintendent or his/her designee shall meet with the Association on the grievance and shall indicate his/her disposition of the grievance in writing within five (5) work days of such meeting and shall furnish a copy to the Association.
F. If the Association is not satisfied with the disposition of the grievance by the Superintendent superintendent or his designee, or if no disposition has been made within five (5) school work days of such meeting (or ten (10) school work days from the date of filing, whichever shall be later), the grievance shall be submitted transmitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing meet with the Association on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven ten (710) days thereafter. A work days, and a copy of such disposition shall be furnished to the Association.
F. The G. If the Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form not satisfied with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt disposition of the Board's written disposition. If grievance by the Board fails to answer a grievance or if no disposition has been made within the time limits set forth in Paragraph Eperiod above provided, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitrationarbitration before an impartial arbitrator. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the The arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant in accord with its rules which shall likewise govern the arbitration proceeding. The arbitration shall have no power to their rules alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
H. The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacherparties.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. I. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to of any party, the Board superintendent shall use its his best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor. Work days are defined as school days during the school year and Monday through Friday, he is free to do so without recourse to except holidays during the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Associationsummer.
J. Filing time for Notwithstanding the expiration of this Agreement, any claim or grievance arising hereunder may be processed through the grievance procedure until resolution.
K. Paid leave shall be provided to any employee of the district who is called to testify at an alleged violation arbitration hearing.
L. In the event that a grievance is limited filed by a bargaining unit member of the Association that is of such a nature that expediency in resolution is imperative or the grievance is of such a nature that a resolution could not be achieved by following the normal procedures, the parties may, by mutual consent, send the grievance directly to twenty (20) teaching days from the date of an alleged incidentbinding arbitration.
Appears in 1 contract
Sources: Master Contract
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided.
B. The grievant may invoke the formal grievance procedure on the form set forth in annexed Schedule C, signed by the grievant and a representative of the Association, which form shall be available for the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by him.
C. Within five (5) school days of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent an alleged misapplication, misinterpretation, or his designee shall meet with the Association on the grievance and indicate his disposition violation of the grievance in writing within five (5) school days express terms of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafterthis contract. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter also be submitted to arbitration. If filed concerning the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by compliance with written board policies that directly affect the terms of this Agreement and Agreement, but no grievance may be filed concerning the reasonableness of such a policy except where it shall be alleged that it violates the express terms of this Agreement. It is expressly understood that the Board of Education shall have no power the right to modify, amend or authority abrogate written Board policy, but not to amendthe extent that said modification, alter amendment or modify abrogation conflicts with any rights granted pursuant to this Agreement either directly or indirectly, or to rule upon a specific grievance considered settledAgreement. In addition, the The following may matters shall not be considered by the arbitratorbasis of any grievance filed under the procedure outlined in this Article:
1. The termination of service of services or the failure to reemploy re-employ any probationary teacher. This does not apply to certified professional personnel not eligible to acquire tenure, starting with their fifth year of employment with the district.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff The termination of services or the failure to recall, if employ or re-employ any teacher to a position on Schedule B.
3. Any matter involving the results of teacher evaluation.
4. It is expressly understood that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator grievance procedure shall not determine apply in those areas in which the merits Tenure Act prescribes a procedure or authorizes a remedy (discharge and/or demotion).
B. The Association shall designate one (1) representative per building to handle grievances when required by the grievant and shall inform the building principal of any grievance unless arbitrability has been affirmatively decidedhis name and an alternate if the Association shall elect one.
C. The term "days" as used herein, shall mean days on which school is in session during the school year and days on which Central Office is open for business during the summer months. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The specified time limits provided in this article shall be strictly observed but herein may be extended by written agreement mutual agreement.
D. Written grievances as required herein shall contain the following:
1. It shall be signed by the grievant or grievants.
2. It shall be specific.
3. It shall contain a synopsis of the parties. In the event a grievance is filed after May 15 of any year and strict adherence facts giving rise to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possiblealleged violation.
I. If an individual teacher has a personal complaint which he desires 4. It shall cite the section or subsections of this contract or the written Board policy alleged to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Associationhave been violated.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from 5. It shall contain the date of an alleged incidentviolation.
6. It shall specify the relief requested. Any written grievance not substantially in accordance with the above requirements, may be rejected by the Administration as improper; and, any written grievance not substantially in accordance with the above requirements shall be rejected by the Association as improper and shall not be pursued by the Association nor the grievant. Such rejection shall not extend the limitations hereinafter set forth.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher staff member, or the Association Western Education Association, that there has been a violation, misinterpretation misinterpretation, or misapplication of any provision of this Agreement or any ruleAgreement, order or regulation of the Board may be processed as a grievance as hereinafter provided. Grievances which do not involve alleged violations, misinterpretations or misapplications of a specific Article and Section of this Agreement may be processed through Board level but will not be subject to arbitration.
B. In the event that a staff member believes there is a basis for a grievance the staff member shall first discuss the alleged grievance with his/her building principal either personally or accompanied by his/her Western Education Association representative. The grievant meeting must be held within ten (10) school business days of the violation, misinterpretation or misapplication, or within ten (10) school business days of the event which caused knowledge of the alleged violation.
C. If, as a result of the informal discussion with the building principal, a grievance exists, the staff member may within ten (10) school business days of the informal discussion invoke the formal grievance procedure through the Western Education Association or on the their own, on a form substantially in accordance with that set forth in annexed Schedule C, signed by the grievant and a representative of the Association, Appendix C which form shall be available for from the Western Education Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisorprincipal. If the grievance involves more than one school building, it may be filed with the superintendent Superintendent or a representative designated by him/her.
C. D. Within five ten (510) school business days of receipt of the grievance, the principal or supervisor shall meet with the staff member and/or Western Education Association in an effort to resolve the grievance. The principal or supervisor shall indicate his his/her disposition of the grievance in writing within five ten (510) school business days of such meeting, and shall furnish a copy thereof to the AssociationWestern Education Association and to the grievant(s).
D. E. If the Western Education Association and/or teacher is not satisfied with the disposition of the grievance, or if no disposition has been made within five ten (510) school business days of such meeting (or ten (10) school business days from the date of filing, whichever shall be later), the grievance shall be transmitted to the Superintendent. Within five ten (510) school business days the superintendent or his designee Superintendent shall meet with the grievant and the Western Education Association on the grievance and shall indicate his his/her disposition of the grievance in writing within five ten (510) school business days of such meeting, and shall furnish a copy thereof to the Western Education Association, to the grievant, and the principal.
E. F. If the Association is not satisfied with the disposition settlement of the grievance by the Superintendent or his designeeis not attained in Step E, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be latertime limitations as stated, the grievance ▇▇▇▇▇▇▇ County Education Association shall be submitted notify the Board of Education by writing to the Secretary of the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.ten
Appears in 1 contract
Sources: Collective Bargaining Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher Any teacher, group of teachers, or the Association believing that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any existing rule, order order, or regulation regulation, of the Board, or any other provision of law (except a statute specifically establishing a procedure for redress) relating to wages, hours, terms, or conditions of employment, may file a written grievance with the Board may or its designated representative. If a teacher does not file in writing with the principal or other designated Board representative within five (5) school days after the occurrence, then the grievance shall be processed considered as a grievance as hereinafter providedwaived.
B. The grievant may invoke the formal grievance procedure on the form set forth in annexed Schedule C, signed by the grievant and a representative of the Association, which form shall be available for the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by him.
C. Within five (5) school days of receipt of the grievance, the principal or supervisor designated representative of the Board shall meet with the Association or the individual in an effort to resolve the grievance. The Affected teachers may or may not be present at such meeting. If the meeting is with the school principal or supervisor shall indicate his disposition of and the parties cannot agree, the grievance in writing within shall be promptly transmitted, by the Association or teacher to the Superintendent who shall have five (5) school days thereafter to approve or disapprove it. If the grievance shall be denied by the Superintendent either upon review of such meetingthe action of the school principal, and or in the first instance, the grievance shall furnish a copy thereof immediately be transmitted, by the Association or teacher, to the AssociationSecretary of the Board, with a statement of reasons why it is being disapproved. Failure to answer at any level within the time period for answer moves the grievance automatically to the next level.
D. If C. At the Association is not satisfied with next regular meeting of the disposition Board, after receipt of the grievance, the Board shall pass upon the grievance. The Board may hold a hearing thereon, may designate one or if no disposition has been made within five (5) more of its members to hold a hearing or otherwise investigate the grievance, or prescribe such procedure as it may deem appropriate for consideration of the grievance.
D. For administrative convenience, the Board may cause complaints which may be the subject of grievances under this Article first to be presented to a department head, assistant principal, or other school days employee, for informal processing, in an effort to reduce the number of formal grievances handled under the professional grievance procedure herein established. The parties shall mutually work out procedures for such informal processing upon request, but exhaustion of such meeting or ten (10) school days from the date of filing, whichever informal procedures shall not be later, required as a condition precedent to invoking the grievance procedure, nor shall the participation of department heads, assistant principals, or other employees in such informal procedures be transmitted deemed to the Superintendent. Within five (5) school days the superintendent be a supervisory or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Associationexecutive function.
E. If the Association is The following matters shall not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of any grievance filed under the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of procedure outlined in this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:Article.
1. The termination of service of services or failure to reemploy re-employ any probationary teacher.
2. The placing of a non-tenure teacher on a fourth year of probation without consent of the teacher.
3. Any action involving a tenured teacherclaim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is any matter subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees procedures specified in the bargaining unit; providedTeachers Tenure Act (Act 4 of Public Acts, howeverExtra Session, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreementof 1937 of Michigan as amended).
G. 4. Teachers evaluations (content).
F. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a grievance shall be an alleged violation, misapplication, or misinterpretation or misapplication of any provision the expressed terms and conditions of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter providedcontract.
B. The grievant may invoke Association shall designate their representatives to handle grievances when requested by the formal grievance procedure on grievant. The Employer hereby designates the form set forth principal of each building to act as its representative at Level One as hereinafter described.
C. The term “days” as used herein shall mean days in annexed Schedule Cwhich school is in session, or during summer break, it means weekdays excluding Saturday and Sundays.
D. Written grievances as required herein shall contain the following:
1. It shall be signed by the grievant and grievant(s).
2. It shall contain a representative synopsis of the Association, which form facts giving rise to the alleged violation:
3. It shall be available for cite the Association representative in each buildingSection or Subsection of this contract alleged to have been violated.
4. A copy It shall contain the date of the alleged violation(s).
5. It shall specify the relief requested.
E. Any written grievance form shall be delivered to not substantially in accordance with the principal or supervisor. If the grievance involves more than one school building, it above requirements may be filed with rejected as improper. Such a rejection shall not extend the superintendent or a representative designated by himlimitations hereinafter set forth.
C. 1. Within five thirty (530) school calendar days of upon receipt of the grievanceSuperintendent’s decision, the principal or supervisor shall meet with Association may submit the matter to the American Arbitration Association in an effort to resolve the grievance. The principal or supervisor shall indicate his disposition of event the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof decision is unsatisfactory to the Association.
D. If 2. The arbitrator shall be selected in accordance with the rules, regulations and methods recommended by the American Arbitration Association.
3. The decision of the arbitrator shall be final and conclusive and binding upon employees, the Employer and the Association; subject to the right of the Board or the Association to judicial review.
4. Powers of the arbitrator are subject to the following limitations:
a. They shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement.
b. They shall have no power to establish or to change any existing salary schedule.
c. They shall have no power to change any practice, policy or rule of the Board, nor substitute their judgment for that of the Employer as to the reasonableness of any such practice, policy, rule or any action taken by the Board, except where such practice, policy, rule or action is in conflict with this agreement.
d. They shall have no power to interpret state or federal law, except as specifically mentioned in this Agreement.
e. They shall not satisfied with hear any grievance barred from the disposition scope of the grievance procedure.
5. After a case in which the arbitrator is empowered to rule hereunder has been referred to them, it may not be withdrawn by either party except by mutual consent.
6. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall first rule on the arbitrability of the grievance, or if no disposition has been made within five (5) school days .
7. The cost of such meeting or ten (10) school days from the date of filing, whichever arbitrator shall be later, borne equally by the grievance parties except each party shall be transmitted to assume its own cost for the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Associationrepresentation.
E. If 8. All arbitration hearings will be conducted at the Association is not satisfied with employer’s central office unless the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Associationparties mutually agree otherwise.
F. The Should the Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form fail to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer institute a grievance within the time limits set forth specified or fail to appeal a decision within the limits specified, the grievance will not be processed.
G. Arbitration awards or grievance settlements will not be made retroactive beyond the date of the occurrence or nonoccurrence of the event upon which the grievance is based. However, in Paragraph E, no event shall the settlement be earlier than seventy-five (75) days prior to the date on which the grievance is filed.
H. Matters in which a petition for review or appeal have been filed with the Michigan Tenure Commission pursuant to the Michigan Teachers’ Tenure Act are not arbitrable. The rights afforded under the act are a teacher’s sole and exclusive remedy once a petition/appeal has been filed and neither the teacher nor the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner file or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If process a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, which arises under the same circumstances, transaction or its equivalent in money shall be paid to himaction.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher teacher, as defined in Article 2, Section A or the Association that there has been a violation, misinterpretation or misapplication of any provision of this Agreement Agreement. In event that a teacher believes there is a basis for a grievance, he/she shall first discuss the alleged grievance with the appropriate administrator either personally or any rule, order or regulation of the Board may be processed as a grievance as hereinafter providedaccompanied by his/her Association representative.
B. The grievant If, as a result of the informal discussion with the appropriate administrator a grievance still exists, he/she may invoke the formal grievance procedure through the Association on the form set forth in annexed Schedule C, Appendix E signed by the grievant Grievant and a representative of the Association, which form shall be available for from the Association representative in each building. A copy Two copies of the grievance form shall be delivered to the principal or supervisorwithin ten calendar days of the informal meeting. If the grievance involves more than one school building, it may be filed with the superintendent Superintendent or a representative designated by him/her.
C. Within five ten (510) school calendar days of the receipt of the grievance, grievance the principal or supervisor shall meet with the Association representative in an effort to resolve the grievance. The principal or supervisor shall indicate his his/her disposition of the grievance in writing within five ten (510) school calendar days of such meeting, meeting and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, grievance or if no disposition has been made by the principal within five (5) school days of such meeting or ten (10) school calendar days from the date of filing, whichever shall be latersuch meeting, the grievance shall be transmitted to the Superintendentsuperintendent within ten (10) calendar days. Within five ten (510) school days calendar days, the superintendent or his his/her designee shall meet with the Association on the grievance and shall indicate his his/her disposition of the grievance in writing within five ten (510) school calendar days of such meeting, a meeting and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his his/her designee, or if no disposition by the Superintendent or his/her designee has been made within five (5) school days of such meeting or ten (10) school calendar days from the date of filing, whichever shall be latersuch meeting, the grievance shall be submitted transmitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the BoardBoard within ten (10) calendar days. The Board, Board no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing meet with the Association on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven ten (710) calendar days thereafter. A copy of such disposition shall be furnished to the Association.
F. The If the Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form not satisfied with the American Arbitration Association and delivering a copy disposition of this Form the grievance by the Board or if no disposition has been made within the period above, the grievance may be submitted to the Employer through the Superintendent's Office arbitration before an impartial arbitrator within thirty (30) working session days following from the receipt time of notification of the Board's written disposition’s decision. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form parties can not agree as to the Employer through arbitrator within five (5) calendar days from the Superintendent's Office not later than thirty (30) working days following the notification date the Board's written disposition was due. The grievance may thereafter that arbitration will be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established hereinpursued, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator he/she shall be selected from a panel submitted by the American Arbitration Association pursuant in accord with its rules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to their rules assert in such arbitration procedure any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgement thereon may be entered in any court of competent jurisdiction.
G. The fees and expenses of the arbitrator and all hearing location costs shall be shared equally borne by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to himlosing party.
H. The time limits provided in this article Article shall be strictly observed but may be extended by written agreement of the parties. In Not withstanding the event a grievance is filed after May 15 expiration of this Agreement, any year and strict adherence to the time limits claim or Grievance arising thereunder may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to be processed through the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Associationprocedure until resolution.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation misinterpretation, or misapplication of any provision of this Agreement or any rule, order order, or regulation of the Board may be processed as a grievance as hereinafter provided.
B. The grievant may invoke the formal grievance procedure on the a form set forth in annexed Schedule C, signed by the grievant and a representative of the Association, which form shall be available for from the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one (1) school building, it may be filed with the superintendent Assistant Superintendent of Human Resources.
1. It shall be the responsibility of the grievant to reduce any grievance to writing on the regular grievance form provided by the Association within ten (10) working days of the alleged grievance and submit it to the Assistant Superintendent of Human Resources within twenty (20) working days of the alleged grievance.
2. The time elements in the steps may be shortened, extended, or a representative designated by himwaived upon written mutual agreement between the parties.
C. Within five three (53) school working days of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his his/her disposition of the grievance in writing within five three (53) school working days of such meeting, meeting and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, grievance or if no disposition has been made within five three (53) school working days of such meeting or ten six (106) school working days from the date of filing, whichever shall be later, the grievance shall be transmitted submitted to the SuperintendentAssistant Superintendent of Human Resources within ten (10) days of receipt of principal's or supervisor's disposition. Within five (5) school days working days, the superintendent or his designee Assistant Superintendent of Human Resources shall meet with the Association on the grievance and grievance, shall indicate his disposition of the grievance in writing within five three (53) school working days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Assistant Superintendent or his designeeof Human Resources, or if no disposition has been made within five three (53) school working days of such meeting or ten six (106) school working days from the date of filing, whichever shall be later, the grievance shall be submitted to mediation.
F. If the Board within ten (10) working days by filing a written copy thereof Association is not satisfied with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition mediation disposition of the grievance in writing by or if no disposition has been made within the Board shall period above provided, the grievance may be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished submitted to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office before an impartial arbitrator within thirty (30) working days following of the Association's receipt of the Boardmediator's written dispositiondisposition of the grievance or if there is no decision by the mediator. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form parties cannot agree as to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established hereinarbitrator, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator he shall be selected from a panel submitted by the American Arbitration Association pursuant in accord with its rules which shall likewise govern the arbitration proceeding. (The Board and the Association shall not be permitted to their rules assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party.) The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
G. The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacherparties.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. H. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he he/she shall be reinstated with full reimbursement of all professional compensation lost. If he he/she shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him/her.
H. I. The time limits provided in this article Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 (fifteenth) of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. J. If an any individual teacher has a personal complaint which he desires to discuss with a supervisor, he he/she is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the this Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time K. The dismissal of a probationary teacher is not subject to arbitration in the grievance procedure nor is the discharge of a probationary employee subject to the just cause standard.
L. Any matter or area for which the Tenure Act prescribes a remedy or any matter or area that the Tenure Act allows an alleged violation is appeal upon, shall not be subject to the grievance procedure (including, but not limited to, the discharge of a tenured teacher).
M. The arbitrator shall have no power to twenty (20) teaching days from establish salary scales.
N. A new grievance form shall be implemented if mutually agreed upon between the date of an alleged incidentBEA and the Administration during the 2001-2002 school year.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation misinterpretation, or misapplication of any provision of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided. Decisions regarding the nonrenewal of a non-tenure teacher or placement of a non-tenure teacher on third year probation may be processed through, and including, the Board level of this grievance procedure. However, if such a grievance is not satisfactorily resolved after the Board level, it cannot be appealed to arbitration under Section G of this article.
B. The grievant In the event that a teacher believes there is a basis for a grievance, he/she shall, within five (5) school days of the incident, first discuss the alleged grievance with the building principal or appropriate supervisor, either personally or accompanied by her/his Association representative.
C. If as a result of the informal discussion with the building principal or appropriate supervisor a grievance still exists, he/she may invoke the formal grievance procedure on the form set forth in annexed Schedule C, signed by the grievant and a representative of the Association, which form shall be available for from the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisorappropriate supervisor within five (5) school days after the day of the informal discussion with the principal. If the grievance involves more than one school building, it may be filed with the superintendent Superintendent or a representative designated by her/him.
C. D. Within five (5) school days of receipt of the grievance, the principal or supervisor shall meet with the Association grievant and the Association's grievance committee in an effort to resolve the grievance. The principal or supervisor shall indicate her/his disposition of the grievance by endorsement within five (5) school days of such meeting and shall return the grievance forms to the Association's grievance committee.
E. If the Association is not satisfied with the disposition of the grievance, the grievance shall be transmitted by the Association to the Superintendent within seven (7) school days of receipt of the disposition from the principal. If no disposition has been made within five (5) school days of such a meeting (or nine (9) school days from the date of filing, whichever shall be later), the Association may use up to seven (7) additional school days to transmit the grievance to the Superintendent. Within five (5) school days, the Superintendent or designee shall meet with the Association on the grievance and shall indicate her/his disposition of the grievance in writing within five (5) school days of such meeting, meeting and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
E. F. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designee, the grievance shall be transmitted to the Board by filing a written copy thereof with the secretary or if other designee of the Board within seven (7) school days of receipt of the disposition. If no disposition has been made within five (5) school days of such meeting (or ten nine (109) school days from the date of filing, whichever shall be later), the Association may use up to seven (7) additional school days to transmit the grievance shall be submitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall may hold a hearing on the grievance, and review such grievance in executive session, or give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) calendar days thereafter. A copy of such disposition shall be furnished to the Association.
F. The G. If the Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form not satisfied with the American Arbitration disposition of the grievance by the Board, or if no disposition has been made within seven (7) calendar days, the Board shall be notified by the Association and delivering a copy of this Form that the grievance will be submitted to arbitration before an impartial arbitrator. This notification by the Employer through the Superintendent's Office Association shall be within thirty (30) working school days following of the receipt of the Board's written disposition or lack of disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office both parties cannot later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled agree on the basis selection of the Employer's last disposition. If a grievance is to be submitted to arbitrationan arbitrator, the arbitrator shall be selected from a panel submitted list supplied by the American Arbitration Arbitrator Association pursuant and shall conduct the hearing in accord with its rules, which shall likewise govern the arbitration proceedings. The Board and the Association shall not be permitted to their rules assert in such arbitration proceeding any ground, or to rely on any evidence, not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree that judgment thereon may be entered in any court of competent jurisdiction. Both parties agree that the ruling of an arbitrator shall be binding.
H. The fees and expenses of the arbitrator and all hearing location costs arbitration shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacherparties.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. I. The time limits provided in this article Article shall be strictly observed observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. J. If an individual teacher has a personal complaint which he he/she desires to discuss with a supervisor, he he/she is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the this Agreement. In the administration of the grievance procedure, the interests interest of the teachers teacher shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from K. The Association shall furnish a list of all Association committees and representatives of the date of an alleged incidentAssociation by October 15.
Appears in 1 contract
Sources: Education Association Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or of the Association P.T.S. that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any rule, order or regulation an alleged violation of the Board bargaining agreement (contract) may be processed as a grievance as hereinafter provided.
B. The grievant may invoke term “days” as used herein shall mean days in which school is in session. During the formal summer school vacation months “days” shall mean Monday through Friday.
C. A teacher believing there is a basis for a grievance procedure on shall as early as possible, but at least within fifteen days of its alleged occurrence, or of gaining knowledge of that occurrence, discuss the form set forth alleged grievance with the Superintendent either personally or accompanied by a P.T.S. representative in annexed Schedule Can attempt to resolve the problem. Days when the Superintendent is not available in the building shall be added to the above number of days. If resolution is not obtained within fifteen days of the initial discussion, signed by the teacher shall reduce the grievance to a written record and file the same with the Superintendent. The Superintendent shall render the decision in writing and transmit the same to the grievant and a representative of the Association, which form shall be available for the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by him.
C. Within five (5) school P.T.S. within ten days of receipt of the written grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
D. If Written grievances as required herein shall contain the Association is not satisfied with following:
1. It shall be signed by the disposition grievant or grievants;
2. It shall be specific;
3. It shall contain a synopsis of the grievancefacts giving rise to the alleged violation;
4. It shall cite the section or subsections of the Agreement or Policy Manual alleged to have been violated, or if no disposition has been made within five (applicable;
5) school days of such meeting or ten (10) school days from . It shall contain the date of filing, whichever the alleged violation;
▇. ▇▇ shall be later, specify the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Associationrelief requested.
E. If the Association decision is not satisfied with unsatisfactory to the disposition of grievant, the grievant may appeal the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted to the Board within ten (10) working days by filing a written copy thereof of the grievance, along with the Secretary decision of the Superintendent, with the secretary or other designee designated representative of the BoardBoard within six days of receipt of the Superintendent’s disposition. The Board, no later than its next regular meeting or within two (2) calendar weeks, whichever shall be later, shall hold a hearing meet with the grievant, the P.T.S, and the Superintendent on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.meeting and a copy given to the grievant and the P.T.S..
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher (A) Any teacher, group of teachers or the Association believing that there has been a violation, misinterpretation or misapplication of any provision of this Agreement may file a type-written or any ruleword processed grievance, order or regulation using the form in Appendix I, stating the nature of the Board may be processed as a grievance as hereinafter provided.
B. The grievant may invoke and the formal grievance procedure on Article and Section of the form set forth in annexed Schedule CAgreement allegedly violated, and the remedy requested, and signed by the grievant and a representative teacher, group of the Association, which form shall be available for teachers or the Association representative in each building. A copy of the grievance form shall be delivered to if a solution is not reached after an informal discussion with the principal or immediate supervisor. If The written grievance may be filed with the Board or its representative. The Board hereby designates as its representative for such purpose the principal in each school building and the Superintendent when the particular grievance involves arises in more than one school building. The Association appoints a teacher in the Thornapple ▇▇▇▇▇▇▇ system as its designee or agent to process grievance.
(B) If a teacher does not file a type-written or word-processed grievance, it using the form in Appendix I, with the principal or other designated Board representative within eight (8) working days after the occurrence, then the grievance shall be considered as waived. A grievance may be filed with after this time limitation if both parties agree it was not possible to file said grievance in the superintendent or a representative designated by himabove time limitation. A grievance may be filed after this time limitation as long as meetings have occurred to solve the situation. The grievance shall be considered as waived if eight (8) working days have passed between meetings.
C. (C) Within five (5) school working days of receipt of the grievance, grievance the principal or supervisor designated representative of the Board shall meet with a representative of the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his disposition designated representative of the grievance in writing Board shall render a decision within five (5) school days of working days. Affected teachers may or may not be present at such meeting. If the grievant does not agree with the principal's decision, and shall furnish a copy thereof the teacher or Association must submit the type-written grievance in writing to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made Superintendent within five (5) school days of such working days. The Superintendent shall schedule a meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the grievant and/or Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish render a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made decision within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.ten
Appears in 1 contract
Sources: Teacher Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter providedprovided with the express exception of the following items:
(1) Any discipline up to and including the termination of services or failure to re-employ any teacher to a position on the extra-curricular schedule; Discipline shall be confined to the extra- curricular position.
(2) The contents of any teacher evaluation. The utilization of the evaluation procedures and forms is subject to the grievance procedure.
(3) The non-renewal of a probationary teacher's contract.
(4) The discharge of a tenure teacher which is covered under the Tenure Act.
B. The grievant may invoke term "days" as used herein shall mean days in which school is in session unless time limits provided in this Article shall cause the formal processing of a grievance procedure on to extend past the form set forth in annexed Schedule Clast day of school, signed by then, the grievant and a representative of the Associationterm "days" shall mean any day except Saturday, which form shall be available for the Association representative in each building. A copy of the grievance form shall be delivered to the principal Sunday, or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by himlegal holiday.
C. Within five (5) school days of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article Article shall be strictly observed observed, but may be extended by written mutual agreement of the partiesparties involved.
D. Written grievances as required herein shall contain the following:
(1) It shall be signed by the grievant or grievants;
(2) It shall be specific;
(3) It shall contain a synopsis of the facts giving rise to the alleged violation;
(4) It shall cite the section or sub-sections of the contract alleged to have been violated;
(5) It shall contain the date of the alleged violation;
(6) It shall specify the relief requested. Any written grievance not in accordance with the above requirements may be rejected as improper. Such a rejection shall not extend the limitations hereinafter set forth.
E. In the event that a teacher believes there is a basis for a grievance, the teacher shall first discuss the alleged grievance with his/her building principal either alone or accompanied by his/her Association representative. If, as a result of the informal discussion with the building principal, it is felt that a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any partystill exists, the Board shall use its best efforts to process such grievance prior to the end Level One of the school term or formal Grievance Procedure may be invoked as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.outlined below:
Appears in 1 contract
Sources: Collective Bargaining Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A During the life of this Agreement, a grievance will be defined as a claim by a teacher or the Association that there has been a violation, violation or misinterpretation or misapplication inequitable application of any provision a specific and expressed term of this Agreement Agreement. The Union and its members agree not to process a grievance in which the same or similar issue is being processed to the Michigan Employment Relations Commission, the EEOC, the FEPC or any rule, order other judicial or regulation of the Board may be processed as a grievance as hereinafter providedquasi judicial body.
B. The grievant In the event that teachers believe there is a basis for a grievance, they shall first discuss the alleged grievance with their building principal, either personally or accompanied by an Association representative.
C. If, as a result of informal discussion with the building principal a grievance still exists, after one (1) school day, teachers may invoke the formal grievance procedure on procedure. Grievance forms shall be available from Association representatives. The written grievance must include the form set forth in annexed Schedule Csection or sections alleged to have been violated a description of the events surrounding the alleged violation, the date or dates of the violation; the remedy sought, and must be signed by the grievant and a the representative of the Association, which form shall be available for the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisorprincipal. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by himdesignee. If a teacher does not file a grievance in writing with the principal or superintendent within ten (10) school days after the discovery of the occurrence, the grievance shall be considered waived.
C. D. Within five (5) school days of receipt of the grievance, the principal or supervisor shall meet with the Association grievant in an effort to resolve the grievanceconcern. The principal or supervisor shall indicate his provide a written disposition of the grievance within five (5) school days of the meeting furnishing a copy to the grievant, Association and Superintendent.
E. If the grievant is not satisfied with the disposition of the grievance, or if no response has been received within five (5) school days of such meeting, the grievance shall be forwarded to the superintendent. Within ten (10) school days, the superintendent or designee shall meet with the grievant and shall indicate a disposition of the grievance, in writing writing, within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
D. F. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association grievant is not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be latermeeting, the grievance shall be submitted forwarded to the Board within ten (10) working days by filing a written copy thereof with the Secretary secretary or other designee of the Board. The Board, no not later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall may hold a hearing on the grievance, and review the grievance in executive session, or give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven five (75) school days thereafter. A copy of such disposition shall be furnished to the Associationgrievant, superintendent and principal.
F. The G. If the Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form not satisfied with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt disposition of the grievance by the Board's written disposition. If the Board fails to answer a grievance , or if no disposition has been made within the time limits set forth in Paragraph Eperiod provided, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does parties cannot request agree as to the arbitrator within five (5) school days from the notification date that arbitration in the manner or within the time limits established herein, the grievance shall will be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitrationpursued, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant in accordance with its rules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to their rules assert in such arbitration proceeding, any evidence not previously disclosed to the other party. The Arbitrator shall have no power to alter, add to, or subtract from the terms of this agreement. Both parties agree to be bound by the award of the Arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction. Fees and expenses of the arbitrator shall be shared equally by the parties. Up to three (3) days will be allotted for participants in an arbitration to be released. The association will pay for the sub teachers. These days may be used in fractional amounts to minimize the absence of any one teacher from the classroom. The arbitrator shall have no jurisdiction to rule on the following:
a. On any claim or complaint for which recourse is available with the Michigan Teachers' Tenure Act.
i. Only one grievance may be submitted to an Arbitrator selected unless by written mutual agreement of the parties. This paragraph does not prohibit the Arbitrator from ruling on the arbitrability of an issue and then on the issue.
ii. If an arbitration case is postponed on less than one week’s notice to the other party, the party requesting the postponement will pay any and all arbitration and arbitrator charges caused by the postponement.
iii. The Union shall give the Superintendent five (5) working days notice of employees it needs to be excused from work to attend an Arbitration hearing.
iv. This Arbitrator shall render the decision in writing within thirty (30) calendar days of the close of the hearing unless the arbitrator requests an extension.
H. If any probationary teacher for whom a grievance is sustained, it is agreed that the arbitrator may fashion a remedy that he or she feels is appropriate. The fees and expenses of the arbitrator and all hearing location costs Arbitrator shall be shared equally by the Association and the Employerparties. Each All other expenses incurred by either party shall pay be borne by the fees, expenses, wages, party incurring them and any other compensation of its own representatives and legal counsel. The arbitrator's powers neither party shall be limited to responsible for the application and interpretation expenses of this Agreement as written. The arbitrator shall at all times be governed wholly witnesses or attendees called by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacherother party.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. I. The time limits provided in this article Article shall be strictly observed observed, but may be extended by written agreement of the partiesagreement. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any partyhardship, the Board both parties shall use its their best efforts to process such grievance grievances prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to J. Any claim of grievance arising under this agreement may be processed through the grievance procedure. However, no grievance procedure until resolution even if the present agreement expires.
K. There shall be adjusted without prior notification to no work stoppages or strike during the Association and opportunity for an Association representative to be present, nor shall any adjustment processing of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Associationgrievance.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Collective Bargaining Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A grievance is a claim by a teacher or the Association that there has been a violation, misinterpretation misinterpretation, or misapplication of any provision of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter providedAgreement.
B. The grievant may invoke the formal grievance procedure on the a form set forth in annexed Schedule C, signed by the grievant and a representative of the Association, which form shall be available for from the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one (1) school building, it may be filed with the superintendent Executive Director of Human Resources and Labor Relations (HR-LR).
1. It shall be the responsibility of the grievant to reduce any grievance to writing on the regular grievance form provided by the Association within ten (10) work days of the alleged grievance and submit it to the Executive Director of Human Resources and Labor Relations (HR-LR) within twenty (20) work days of the alleged grievance.
2. The time elements in the steps may be shortened, extended, or waived upon written mutual agreement between the parties. The parties recognize that a representative designated written record, i.e. email is the preferred manner to track due dates and any variance. Furthermore, it provides a repository for comments by himeither party as to relevant activities.
C. Within five (5) school work days of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his his/her disposition of the grievance in writing within five (5) school work days of such meeting, meeting and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, grievance or if no disposition has been made within five (5) school work days of such meeting or ten (10) school work days from the date of filing, whichever shall be later, filing and receipt of the grievance the grievance shall be transmitted submitted to the SuperintendentExecutive Director of Human Resources and Labor Relations (HR-LR). Within five ten (510) school days work days, the superintendent or his designee Executive Director of Human Resources and Labor Relations (HR-LR) shall meet with the Association on the grievance and grievance, shall indicate his his/her disposition of the grievance in writing within five (5) school work days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designeeExecutive Director of Human Resources and Labor Relations (HR-LR), or if no disposition has been made within five (5) school work days of such meeting or ten (10) school work days from the date of filing, whichever shall be laterfiling and receipt of the grievance, the grievance shall be submitted to mediation. Only grievances scheduled for mediation will be heard at the Board within ten (10) working days by filing a written copy thereof mediation session. However, if time permits after discussion of all current pending grievances, the District may entertain issues that have not yet been resolved at previous informal meetings.
F. If the Association is not satisfied with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition mediation disposition of the grievance in writing by or if no disposition has been made within the Board shall period above provided, the grievance may be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished submitted to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office before an impartial arbitrator within thirty (30) working days following of the Association's receipt of the Boardmediator's written dispositiondisposition of the grievance or if there is no decision by the mediator. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form parties cannot agree as to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established hereinarbitrator, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator he shall be selected from a panel submitted by the American Arbitration Association pursuant in accord with its rules which shall likewise govern the arbitration proceeding. (The Board and the Association shall not be permitted to their rules assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party.) The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
G. The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to himparties.
H. The time limits provided in this article Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 (fifteenth) of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an any individual teacher has a personal complaint which he desires to discuss with a supervisor, he he/she is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the this Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time The dismissal of a probationary teacher is not subject to arbitration in the grievance procedure nor is the discharge of a probationary employee subject to the just cause standard.
K. Any matter or area for which the Tenure Act prescribes a remedy or any matter or area that the Tenure Act allows an appeal upon, shall not be subject to the grievance procedure (including, but not limited to, the discharge of a tenured teacher).
L. It shall be the function of the arbitrator, and he/she shall only be empowered to make a decision in cases of alleged violation is of the specific Articles and Sections of this Agreement. The arbitrator’s powers shall be limited by the following:
1. The arbitrator shall have no power to establish salary scales.
2. The arbitrator shall be limited to twenty (20) teaching days deciding whether the employer has violated the express terms of this Agreement.
3. In rendering decisions, the arbitrator shall give due consideration to the responsibility of management and the Association, and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement.
4. In the event that a case is appealed to the arbitrator, on which the arbitrator has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits.
5. The arbitrator shall not have jurisdiction to subtract from or modify any of the date terms of an alleged incidentthis Agreement, or any written amendments hereof, or to specify the terms of a new Agreement, or to substitute his/her discretion for that of the parties hereto.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation misinterpretation, or misapplication of any provision of this Agreement which is not struck out or any rule, order order, or regulation of the Board may be processed as a grievance as hereinafter provided.. The Parties acknowledge and agree that the struck out provisions of this Agreement are unenforceable and cannot be grieved pursuant to this Article 24, or through any grievance process or litigation which attempts to enforce the language which is struck out, pursuant to the first sentence of this Paragraph A.
B. The grievant may invoke the formal grievance procedure on the a form set forth in annexed Schedule C, signed by the grievant and a representative of the Association, which form shall be available for from the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one (1) school building, it may be filed with the superintendent Assistant Superintendent of Human Resources. In the spirit of collegiality, the Parties agree to relax timelines with regard to grievances filed and subsequent responses in order to enable both Parties to investigate and discuss alternatives. In the event either Party hereto finds time taken for initiation/response are or a representative designated have become unreasonable, said Party may provide written notice, including electronically, that previous timelines established in this Paragraph 24 shall be invoked. If either Party gives notice as described in this Paragraph, the timelines in Paragraphs B (1) and (2), C, D, E, and F shall apply.
1. It shall be the responsibility of the grievant to reduce any grievance to writing on the regular grievance form provided by himthe Association within ten (10) working days of the alleged grievance and submit it to the Assistant Superintendent of Human Resources within twenty (20) working days of the alleged grievance.
2. The time elements in the steps may be shortened, extended, or waived upon written mutual agreement between the parties.
C. Within five three (53) school working days of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his his/her disposition of the grievance in writing within five three (53) school working days of such meeting, meeting and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, grievance or if no disposition has been made within five three (53) school working days of such meeting or ten six (106) school working days from the date of filing, whichever shall be later, the grievance shall be transmitted submitted to the SuperintendentAssistant Superintendent of Human Resources within ten (10) days of receipt of principal's or supervisor's disposition. Within five (5) school days working days, the superintendent or his designee Assistant Superintendent of Human Resources shall meet with the Association on the grievance and grievance, shall indicate his disposition of the grievance in writing within five three (53) school working days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Assistant Superintendent or his designeeof Human Resources, or if no disposition has been made within five three (53) school working days of such meeting or ten six (106) school working days from the date of filing, whichever shall be later, the grievance shall be submitted to mediation. Only grievances scheduled for mediation will be heard at the Board within ten (10) working days by filing a written copy thereof mediation session. However, if time permits after discussion of all current pending grievances, the District will entertain issues that have not yet been resolved at previous informal meetings.
F. If the Association is not satisfied with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition mediation disposition of the grievance in writing by or if no disposition has been made within the Board shall period above provided, the grievance may be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished submitted to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office before an impartial arbitrator within thirty (30) working days following of the Association's receipt of the Boardmediator's written dispositiondisposition of the grievance or if there is no decision by the mediator. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form parties cannot agree as to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established hereinarbitrator, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator he shall be selected from a panel submitted by the American Arbitration Association in accord with its rules which shall likewise govern the arbitration proceeding. (The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party.) The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement, except that the arbitrator shall not have the power to apply or attempt to enforce any provisions of this Agreement which are unenforceable pursuant to their rules Paragraph A of this Article 24. 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.
G. The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacherparties.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. H. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he he/she BEA members shall be reinstated pursuant to an arbitrator’s decision shall be reimbursed pursuant to applicable law for with full reimbursement of all professional compensation lost, or otherwise be made whole. If he he/she shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him/her.
H. I. The time limits provided in this article Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 (fifteenth) of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. J. If an any individual teacher has a personal complaint which he desires to discuss with a supervisor, he he/she is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the this Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time K. The dismissal of a probationary teacher is not subject to arbitration in the grievance procedure nor is the discharge of a probationary employee subject to the just cause standard.
L. Any matter or area for which the Tenure Act prescribes a remedy or any matter or area that the Tenure Act allows an alleged violation is appeal upon, shall not be subject to the grievance procedure (including, but not limited to, the discharge of a tenured teacher).
M. The arbitrator shall have no power to twenty (20) teaching days from establish salary scales.
N. A new grievance form shall be implemented if mutually agreed upon between the date of an alleged incidentBEA and the Administration during the 2001-2002 school year.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher an Office Personnel or the Association that there has been a violation, misinterpretation misinterpretation, or misapplication of any provision of this Agreement or and/or any rule, order order, or regulation of the Board which would be in conflict with this Agreement may be processed as a grievance as hereinafter providedprovided within twenty calendar days of the alleged violation, misinterpretation, or misapplication.
B. The grievant In the event that a Bargaining Unit Member believes there is a basis for a grievance, she shall first discuss the alleged grievance with her building principal or appropriate supervisor, either personally or accompanied by her Association representative.
C. If as a result of the informal discussion with the building principal or appropriate supervisor a grievance still exists, she may invoke the formal grievance procedure on the form set forth in annexed Schedule C, signed by the grievant and a representative of the Association, which form shall be available for the from an Association representative in each buildingrepresentative. A copy of the grievance form shall be delivered to the principal or supervisorappropriate supervisor within five school days after the day of the informal discussion with the principal. If the grievance involves more than one school building, it may be filed with the superintendent Personnel Administrator or a representative designated by him/her.
C. D. Within five (5) school days of receipt of the grievance, grievance the principal or supervisor shall meet with the Association grievant and the Association's grievance committee in an effort to resolve the grievance. The principal or supervisor shall indicate his disposition of the grievance in writing by endorsement within five (5) school days of such meeting, meeting and shall furnish a copy thereof return the grievance forms to the Association's grievance committee.
D. E. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting (or ten (10) school days from the date of filing, whichever shall be later), the grievance shall be transmitted to the SuperintendentPersonnel Administrator. Within five (5) school days days, the superintendent Personnel Administrator or his his/her designee shall meet with the Association on the grievance grievance, and shall indicate his his/her disposition of the grievance in writing within five (5) school days of such meeting, meeting and shall furnish a copy thereof to the Association.
E. F. If the Association is not satisfied with the disposition of the grievance by the Superintendent Personnel Administrator or his his/her designee, or if no disposition has been made within five (5) school days of such meeting (or ten (10) school days from the date of filing, whichever shall be later), the grievance shall be submitted transmitted to the Board within ten (10) working nine school days or eighteen days from the expiration of the above dates, whichever is later, by filing a written copy thereof with the Secretary Board secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall may hold a hearing on the grievance, and review such grievance in executive session, or give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) calendar days thereafter. A copy of such disposition shall be furnished to the Association.
F. The G. If the Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form not satisfied with the American Arbitration Association and delivering a copy disposition of this Form the grievance by the Board, or if no disposition has been made within the period above provided, the grievance may be submitted to the Employer through the Superintendent's Office arbitration before an impartial arbitrator, provided that such submission is made within thirty (30) working calendar days following from the receipt of the Board's written dispositionBoard decision or expiration of the seven-day period. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office both parties cannot later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled agree on the basis selection of the Employer's last disposition. If a grievance is to be submitted to arbitrationan arbitrator, the arbitrator shall be selected from a panel submitted list supplied by the American Arbitration Association pursuant and shall conduct the hearing in accord with its rules, which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to their rules assert in such arbitration proceeding any ground or to reply on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The arbitrator shall not substitute his judgment for that of the Board as to the reasonableness or necessity of any policy or rule in violation of any specific term or provision of this Agreement. The arbitrator shall not be limited, however, with regard to the application of applicable general school laws, state statutes, federal statutes, constitutional rights, etc.
H. The fees and expenses of the arbitrator and all hearing location costs arbitration shall be shared equally borne by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may parties whose case does not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacherprevail.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. I. The time limits provided in this article Article shall be strictly observed observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. ▇. If an individual teacher Bargaining Unit Member has a personal complaint which he she desires to discuss with a her immediate supervisor, he she is free to do so without recourse to the grievance procedure. Nothing contained herein shall be construed to prevent any individual Association member from presenting a grievance and having the grievance adjusted without intervention of the Association if the adjustment is not inconsistent with the terms of this Contract, provided that the Association has been given opportunity to be present at such adjustment. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the this Agreement. In the administration of the grievance procedure, the interests interest of the teachers Bargaining Unit Member shall be the sole responsibility of the Association.
J. Filing time K. If arbitration results in any award of back wages or benefits, such award shall have deducted from it all benefits such as employment compensation, worker's compensation, or any other earnings or compensation received from any source whatsoever during the period for an alleged violation is limited which back wages or benefits are claimed.
L. No award of back wages or benefits shall require retroactive adjustment to twenty (20) teaching days from any person other than the date grievant unless the Association files for a grievant on behalf of an alleged incidentaffected group. All employees who possess adverse claims shall submit their respective claims in one grievance/arbitration proceeding, except as noted above, or their claims shall be deemed waived.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided.
B. The grievant may invoke following matters shall not be the formal basis of any grievance filed under the procedure outlined in this Article:
1. The termination of services of or failure to re-employ any probationary teacher.
2. The termination of services or failure to re-employ any teacher to a position on the form set forth in annexed Schedule Cextracurricular schedule.
3. Any matter involving teacher evaluation, except the right to grieve the evaluation procedure.
C. The Association shall designate one (1) representative to handle grievances when requested by the grievant. The Board hereby designates the appropriate grade level principal to act as its representative at Level One as hereinafter described and the Superintendent and his/her designee.
D. The term “days” as used herein shall mean calendar days.
E. Written grievances as required herein shall contain the following:
1. It shall be signed by the grievant and or grievants.
2. It shall be specific.
3. It shall contain a representative summary of the Association, which form facts giving rise to the alleged violation.
4. It shall be available for cite the Association representative in each buildingsection or sub-sections of this contract alleged to have been violated.
5. A copy It shall contain the data of the alleged violation.
6. It shall specify the relief requested. Any written grievance form not substantially in accordance with the above requirements may be rejected as improper. Such a rejection shall be delivered not extend the limitations hereinafter set forth.
F. Level One - A teacher believing himself/herself wronged by an alleged violation of the express provisions of this contract shall within fifteen (15) days of its alleged occurrence orally discuss the grievance with the building principal in an attempt to the principal or supervisorresolve same. If the grievance involves more than one school buildingbuilding or administrator, it may be filed with the superintendent or a representative designated by him.
C. Within five /her. If no resolution is obtained within four (54) school days of receipt of the grievancediscussion, the principal or supervisor teacher shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his disposition of reduce the grievance in to writing and proceed within five (5) school days of such meeting, and shall furnish a copy thereof said discussion to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the SuperintendentLevel Two. Within five (5) school days of the discussion the superintendent or his designee his/her designated agent shall meet with render his/her decision in writing, transmitting a copy of the same to the grievant, the Association on Secretary, the building principal in which the grievance arose and indicate his disposition place a copy of the grievance same in writing a permanent file in his/her office. If no decision is rendered within five (5) school days of such the discussion, or the decision is unsatisfactory to the grievant, the grievant may appeal same to the Board of Education by filing a written grievance along with the decision of the superintendent with the officer of the Board in charge of drawing up the agenda for the Board’s meeting not less than ten (10) days prior to the next regularly scheduled Board meeting. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in which the grievance arose, the grievant and shall furnish a copy thereof to the Secretary of the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 15th of any year and strict adherence to the time limits may result in hardship to of any partypart, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisorH. Not withstanding the expiration of this Agreement, he is free to do so without recourse to any claims or grievance arising thereunder may be processed through the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Associationprocedure until resolution.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Master Contract
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher teacher, the Association, or the Association Board of Education that there has been a violation, misinterpretation or misapplication violation of any provision the express terms of this Agreement or any rule, order or regulation of the Board agreement may be processed as a grievance as hereinafter provided.
B. The In the event that a teacher believes there is a basis for a grievance, he shall first discuss the alleged grievance with his building principal either personally or accompanied by his Association representative.
C. In the event that the Board believes there is a basis for a grievance, the same procedure shall be followed as stated below substituting the words "building representative" for "building principals," "GEA president" for "superintendent" and "Association" for "Board".
D. If,as a result of the informal discussion with the building principal, a grievance still exists, the grievant may invoke the formal grievance procedure on the form set forth in annexed Schedule C, signed by the grievant and a representative of also signed by the Association, which form Association if the Association is requested by the grievant to participate in the grievance procedure and if the Association agrees to participate.Grievance forms shall be available for from the Association representative in each buildingbuilding representative. A copy of the grievance form shall be delivered to the principal or supervisorprincipal. If the grievance involves more than one (1) school building, it may be filed with the superintendent superintendent, or a representative designated by him. This first step shall be completed within fifteen (15) working days of the teacher's knowledge of the incident causing the grievance.
C. E. Within five ten (510) school calendar days of receipt of the grievance, the principal or supervisor shall meet with the grievant or the grievant and the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his disposition of the grievance in writing within five ten (510) school calendar days of such meeting, meeting and shall furnish a copy thereof to the Association.
D. F. If the Association is not satisfied with the disposition of the grievance, grievance or if no disposition has been made within five ten (510) school calendar days of such meeting (or ten (10) school calendar days from the date of filing, whichever shall be later), the grievance shall be transmitted to the Superintendentsuperintendent within ten (10) days of the date that the disposition of the grievance is rendered by the principal. Within five ten (510) school days calendar days, the superintendent or his designee shall meet with the Association on the grievance and shall indicate his disposition of the grievance in writing within five ten (510) school calendar days of such meeting, meeting and shall furnish a copy thereof to the Association.
E. G. If the Association is not satisfied with the disposition of the grievance by the Superintendent superintendent or his designee, designee or if no disposition has been made within five ten (510) school calendar days of such meeting (or ten (10) school calendar days from the date of filing, whichever shall be later, ) the grievance shall be submitted transmitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary secretary or other designee of the BoardBoard within ten (10) days of the date that the disposition of the grievance is rendered by the superintendent. The Board, no later than its next regular meeting or two (2) calendar weeks, weeks whichever shall be later, shall hold a hearing meet with the Association on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall should be made no later than seven ten (710) calendar days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing H. Within ten (10) calendar days after receiving the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If disposition from the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.ten
Appears in 1 contract
Sources: Collective Bargaining Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation violation or misapplication of any provision of this Agreement may be processed as a grievance as hereinafter provided. The Association may process a grievance on behalf of an employee or any group of employees without his/her/their consent beyond Level III. Any rule, order order, or regulation of the Board may be processed as a grievance as it affects the members of the bargaining unit as hereinafter provided.
B. Level I - Any teacher who believes he/she has a grievance shall present such grievance on an informal basis to the building principal within twenty-six (26) calendar days after the grievant becomes aware of the alleged grievance. If the grievance is not resolved within nineteen (l9) calendar days after the events giving rise to the grievance occurred, or after the grievant reasonably should have been aware of the alleged grievance, the grievance shall be reduced to writing and submitted to the principal within two (2) days.
C. Level II - The grievant may invoke the formal grievance procedure on the form set forth in annexed Schedule CC., signed by the grievant Grievant and a representative of the Association, which form shall be available for from the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisorprincipal. If the grievance involves more than one school building, it may be filed with the superintendent Superintendent or a representative designated by him.
C. /her. Within five (5) school calendar days of receipt of the grievance, the principal or supervisor shall meet with the grievant and the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his his/her disposition of the grievance in writing within five (5) school calendar days of such meeting, and shall furnish a copy thereof to the Associationgrievant. The administration shall have the option of using supportive personnel in any stage of the grievance procedure.
D. Level III - If the Association grievant is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school calendar days of such meeting (or ten eight (10) school 8) calendar days from the date of filingfiling at Level II, whichever shall be later, ) the grievance shall be transmitted to the Superintendent. Any grievance transmitted to the Superintendent shall specifically refer to the section or sections and provisions of the Agreement which have allegedly been violated. Within five seven (57) school days calendar days, the superintendent Superintendent or his his/her designee shall meet with the Association grievant on the grievance and shall indicate his his/her disposition of the grievance in writing within five seven (5) school 7)calendar days of such meeting, and shall furnish a copy thereof to the Associationgrievant.
E. Level IV - If the Association grievant is not satisfied with the disposition of the grievance by the Superintendent or his his/her designee, or if no disposition has been made within five seven (57) school calendar days of such meeting (or ten twelve (1012) school calendar days from the date of filingfiling at Level III, whichever shall be later), the grievance shall be submitted transmitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall may hold a hearing on the grievance, and review such grievance in executive session, or give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven nine (79) calendar days thereafter. A copy of such disposition shall be furnished to the Association.
F. Level V - If the grievant is not satisfied with the disposition of the grievance by the Board of Education, appeal may be taken to an impartial arbitrator provided the grievance involves a question concerning interpretation or application of a term of this Agreement. Such appeal to be effective must be taken within nineteen (l9) calendar days of receipt of the answer from Level IV of the grievance procedure, shall be in writing and shall specify the grievance and the disposition from which appeal is taken. The Association may request arbitration arbitrator shall be agreed upon by the Board and the Association, or if no agreement is reached within seven (7) calendar days of any unresolved grievance which is arbitrable by filing notice of appeal to arbitration, the Arbitration Request Form with parties agree to utilize the services of the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as writtenarbitrators. The arbitrator in making his/her decision shall at all times be governed wholly by the terms not change, alter, or modify, nor shall he/she add to or subtract from any term or provision of this Agreement and shall have no power be limited deciding whether the Board has violated the expressed Articles or authority to amend, alter or modify sections of this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1contract. The termination of service of or failure to reemploy any probationary teacher.
2arbitrator may reinstate and/or make the grievant whole. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recallThe parties agree that an arbitrator's decision, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raisedmade in accordance herewith, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon them. In addition to the Associationother restrictions in this Article, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found no power to have been improperly deprived of any professional compensation or advantage, rule on the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.following:
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher Any teacher, group of teachers or the Association believing that there has been a violation, misinterpretation or misapplication of any provision provisions of this Agreement Agreement, or any existing rule, order or regulation of the Board; (except a statute specifically establishing a procedure for redress) relating to wages, hours, terms or conditions of employment, may file a written grievance with the Board may be processed as or its designated representative. LEVEL 1: A teacher or group of teachers, believing that there has been a violation shall within five school days of its alleged occurrence orally discuss the grievance as hereinafter provided.
B. The grievant may invoke with the formal grievance procedure on the form set forth in annexed Schedule C, signed by the grievant Building Principal and a representative of the Association, which form shall be available for Association in an attempt to resolve the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisormatter. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by him.
C. Within no resolution is obtained within five (5) school days following the discussion, the grievance shall be expressed in writing and processed in accordance with LEVEL II, on the Grievance Form as shown in Appendix F LEVEL 2: Any grievance filed by a teacher, group of teachers or the Association must be filed with ten school days from the end of Level I. The Board hereby designates for its representatives for such purposes the principal in each school building and the Superintendent of Schools when the particular grievances arise in more than one building. Within five days of the receipt of the grievance, the principal or supervisor designated representatives of the Board shall meet with the Association in an effort to resolve the grievance. The principal affected may or supervisor shall indicate his disposition of the grievance in writing within five (5) school days of may not be present at such meeting, and shall furnish a copy thereof to the Association.
D. meetings. If the Association meeting is not satisfied with the disposition of school principal and the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be laterparties cannot agree, the grievance shall be transmitted within five days to the Superintendent. Within LEVEL 3: The Superintendent shall have five (5) school days to approve or disapprove a grievance proceeding from Level II. Association class or group grievances may be submitted directly to the superintendent or his designee shall meet with the Association on Superintendent. If the grievance and indicate his disposition is transmitted directly to the Superintendent he shall have ten school days from receipt to approve or disapprove it. If the grievance shall be denied by the Superintendent, either upon review of the action of the school principal or in the first instance, the Superintendent shall answer the grievance in writing within five (5) school days of such meetingand the grievance, and with the answer, shall furnish a copy thereof be transmitted to the Association.
E. If . The Association shall have five school days to transmit the Association is not satisfied grievance to the Board. LEVEL 4: At its next meeting, the Board shall pass upon the grievance. The Board may hold a hearing thereon, may designate one or more of its members to hold a hearing or otherwise investigate the grievance, or prescribe such procedure as it may deem appropriate for consideration of the grievance, provided, however, that in no event, except with the disposition express written consent of the Association, shall final determination of the grievance be made by the Superintendent or his designee, or if no disposition has been made within five (5) Board more than ten school days after its submission to the Board. LEVEL 5: If the decision of such meeting or ten (10) school days from the date of filing, whichever shall be laterBoard is not satisfactory to the Association, the grievance shall may be submitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing arbitration before an impartial arbitrator selected by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written dispositionparties. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form parties cannot agree as to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established hereinarbitrator, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator he shall be selected from a panel submitted by the American Arbitration Association pursuant in accord with its rules which shall likewise govern the Arbitration hearing. The Board and Association shall not be permitted to their rules assert in such arbitration proceeding any ground or to reply on any evidence not previously disclosed to the Board and to the Association. The fees and expenses arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and all hearing location costs agree that judgment thereon may be entered in any court or competent jurisdiction where such award does not conflict with or deny the powers and duties of the Board granted by Legislative Act. The arbitrator's fees and expenses shall be shared equally by the Association board and the EmployerKent County Education Association. Each party shall pay the fees, expenses, wages, The expenses and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power any witness or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees participants in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money arbitration shall be paid to him.
H. The time limits provided in this article by the party calling such witness or requesting such participants. All arbitration hearings shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result held in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possibledistrict.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided.
B. The grievant may invoke the formal grievance procedure on the form set forth in annexed Schedule C, signed by the grievant and a representative of the Association, which form shall be available for the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by him.
C. Within five (5) school days of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition an alleged violation of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy expressed terms of this Form to Agreement. Should the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter matters be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of any grievance filed under the Employer's last disposition. If a grievance is to be submitted to arbitrationprocedure outlined in this article, the arbitrator they shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs processed through Level Three, but they shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitratorarbitrable:
1. The termination of service services of or failure to reemploy re-employ any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff The termination of services or failure to recall, if re-employ any teacher to a position on the extra-curricular schedule.
3. Any matter involving the content of teacher evaluation except as required by section 1249 of the Revised School Code.
4. Any matter involving prohibited bargaining subject under the Public Employment Relations Act. It is expressly understood that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator grievance procedure shall not determine apply to discharge in which the merits Tenure Act prescribes a procedure or a remedy.
B. The Association shall designate one representative per building to handle grievances when requested by the grievant. No teacher at any stage of any the grievance unless arbitrability has been affirmatively decidedprocedure will be required to meet with an administrator without Association representation. The arbitrator's decision Board hereby designates the principal of each building to act as its representative at Level One as hereinafter described and the superintendent or his designated representative to act at Level Two as hereinafter described.
C. The term "day" as herein shall mean calendar days excluding Saturdays, Sundays, and holidays.
D. Written grievances as required herein shall contain the following:
1. It shall be final and binding upon signed by the Association, grievant or the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.grievants:
G. If any teacher for whom a grievance is sustained 2. It shall be found specific;
3. It shall contain a synopsis of the facts giving rise to the alleged violation;
4. It shall cite the section or subsection of this Agreement alleged to have been unjustly discharged, he violated;
5. It shall contain the date of the alleged violation; and
6. It shall specify the relief requested. Any written grievance not substantially in accordance with the above requirements may be rejected as improper. Such a rejection shall not extend the limitations hereinafter set forth beyond two additional days.
E. Failure at any level of this procedure to communicate the decision on a grievance within the specified time limits shall permit lodging an appeal at the next level of this procedure within the time allotted had the decision been given. Failure to appeal a decision within the specified time limits shall be reinstated with full reimbursement deemed an acceptance of all professional compensation lostthe decision. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided specified in this article shall be strictly observed but procedure may be extended in any specific instance by written mutual agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possiblewriting.
I. If an individual F. Level One - A teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for believing himself/herself wronged by an alleged violation of the expressed provisions of this agreement shall within ten (10) days of its alleged occurrence orally discuss the grievance with the building principal in an attempt to resolve the same. If no resolution is limited obtained within three (3) days of the discussion, the teacher shall reduce the grievance to twenty writing and proceed within five (205) teaching days from the date of an alleged incidentsaid discussion to Level Two.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher Any teacher, group of teachers, or the Association believing that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any existing rule, order order, or regulation regulation, of the Board, or any other provision of law (except a statute specifically establishing a procedure for redress) relating to wages, hours, terms, or conditions of employment, may file a written grievance with the Board may or its designated representative. If a teacher does not file in writing with the principal or other designated Board representative within five (5) school days after the occurrence, then the grievance shall be processed considered as a grievance as hereinafter providedwaived.
B. The grievant may invoke the formal grievance procedure on the form set forth in annexed Schedule C, signed by the grievant and a representative of the Association, which form shall be available for the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by him.
C. Within five (5) school days of receipt of the grievance, the principal or supervisor designated representative of the Board shall meet with the Association or the individual in an effort to resolve the grievance. The Affected teachers may or may not be present at such meeting. If the meeting is with the school principal or supervisor shall indicate his disposition of and the parties cannot agree, the grievance in writing within shall be promptly transmitted, by the Association or teacher to the Superintendent who shall have five (5) school days thereafter to approve or disapprove it. If the grievance shall be denied by the Superintendent either upon review of such meetingthe action of the school principal, and or in the first instance, the grievance shall furnish a copy thereof immediately be transmitted, by the Association or teacher, to the AssociationSecretary of the Board, with a statement of reasons why it is being disapproved. Failure to answer at any level within the time period for answer moves the grievance automatically to the next level.
D. If C. At the Association is not satisfied with next regular meeting of the disposition Board, after receipt of the grievance, the Board shall pass upon the grievance. The Board may hold a hearing thereon, may designate one or if no disposition has been made within five (5) more of its members to hold a hearing or otherwise investigate the grievance, or prescribe such procedure as it may deem appropriate for consideration of the grievance.
D. For administrative convenience, the Board may cause complaints which may be the subject of grievances under this Article first to be presented to a department head, assistant principal, or other school days employee, for informal processing, in an effort to reduce the number of formal grievances handled under the professional grievance procedure herein established. The parties shall mutually work out procedures for such informal processing upon request, but exhaustion of such meeting or ten (10) school days from the date of filing, whichever informal procedures shall not be later, required as a condition precedent to invoking the grievance procedure, nor shall the participation of department heads, assistant principals, or other employees in such informal procedures be transmitted deemed to the Superintendent. Within five (5) school days the superintendent be a supervisory or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Associationexecutive function.
E. If the Association is The following matters shall not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of any grievance filed under the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of procedure outlined in this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:Article.
1. The termination of service of services or failure to reemploy re-employ any probationary teacher.
2. Any action involving a tenured teacherclaim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law, including but not limited any matter subject to dischargethe procedures specified in the Teachers Tenure Act (Act 4 of Public Acts, demotionExtra Session, layoff or failure to of 1937 of Michigan as amended).
3. Teachers evaluations (content).
4. Layoff, recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreementassignment or placement.
G. 5. Prohibited subject of bargaining.
F. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation violation or misapplication of any provision of this Agreement may be processed as a grievance as hereinafter provided. The Association may process a grievance on behalf of an employee or any group of employees without his/her/their consent beyond Level III. Any rule, order order, or regulation of the Board may be processed as a grievance as it affects the members of the bargaining unit as hereinafter provided, except where 2011 PA 103 is applicable.
B. Level I - Any teacher who believes he/she has a grievance shall present such grievance on an informal basis to the building principal within twenty-six (26) calendar days after the grievant becomes aware of the alleged grievance. If the grievance is not resolved within nineteen (l9) calendar days after the events giving rise to the grievance occurred, or after the grievant reasonably should have been aware of the alleged grievance, the grievance shall be reduced to writing and submitted to the principal within two (2) days.
C. Level II - The grievant may invoke the formal grievance procedure on the form set forth in annexed Schedule CC., signed by the grievant Grievant and a representative of the Association, which form shall be available for from the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisorprincipal. If the grievance involves more than one school building, it may be filed with the superintendent Superintendent or a representative designated by him.
C. /her. Within five (5) school calendar days of receipt of the grievance, the principal or supervisor shall meet with the grievant and the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his his/her disposition of the grievance in writing within five (5) school calendar days of such meeting, and shall furnish a copy thereof to the Associationgrievant. The administration shall have the option of using supportive personnel in any stage of the grievance procedure.
D. Level III - If the Association grievant is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school calendar days of such meeting (or ten eight (10) school 8) calendar days from the date of filingfiling at Level II, whichever shall be later, ) the grievance shall be transmitted to the Superintendent. Any grievance transmitted to the Superintendent shall specifically refer to the section or sections and provisions of the Agreement, which have allegedly been violated. Within five seven (57) school days calendar days, the superintendent Superintendent or his his/her designee shall meet with the Association grievant on the grievance and shall indicate his his/her disposition of the grievance in writing within five seven (5) school 7)calendar days of such meeting, and shall furnish a copy thereof to the Associationgrievant.
E. Level IV - If the Association grievant is not satisfied with the disposition of the grievance by the Superintendent or his his/her designee, or if no disposition has been made within five seven (57) school calendar days of such meeting (or ten twelve (1012) school calendar days from the date of filingfiling at Level III, whichever shall be later), the grievance shall be submitted transmitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall may hold a hearing on the grievance, and review such grievance in executive session, or give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven nine (79) calendar days thereafter. A copy of such disposition shall be furnished to the Association.
F. Level V - If the grievant is not satisfied with the disposition of the grievance by the Board of Education, appeal may be taken to an impartial arbitrator provided the grievance involves a question concerning interpretation or application of a term of this Agreement. Such appeal to be effective must be taken within nineteen (19) calendar days of receipt of the answer from Level IV of the grievance procedure, shall be in writing and shall specify the grievance and the disposition from which appeal is taken. The Association may request arbitration arbitrator shall be agreed upon by the Board and the Association, or if no agreement is reached within seven (7) calendar days of any unresolved grievance which is arbitrable by filing notice of appeal to arbitration, the Arbitration Request Form with parties agree to utilize the services of the American Arbitration Association and delivering a copy as arbitrators. The arbitrator in making his/her decision shall not change, alter, or modify, nor shall he/she add to or subtract from any term or provision of this Form Agreement and shall be limited deciding whether the Board has violated the expressed Articles or sections of this contract. The arbitrator may reinstate and/or make the grievant whole. The parties agree that an arbitrator's decision, if made in accordance herewith, shall be final and binding upon them. In addition to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth other restrictions in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitrationArticle, the arbitrator shall be selected from have no power to rule on the following:
1. The termination of services of or failure to re-employ any probationary teacher.
2. The termination of services or failure to re-employ any teacher to a panel submitted by position on the American Arbitration Association pursuant extra-curricular schedule.
3. Any claim or complaint subject to their rules the procedures specified in the Tenure Act (Act IV, Public Acts, extra session, of l937 of Michigan, as amended).
G. The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to himby the party losing the arbitrator's decision.
H. The time limits provided in this article Article shall be strictly observed but or the grievance shall be deemed to be waived except that limits may be extended by written agreement of the parties. In the event a grievance is filed after May 15 l5 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher teacher, or the Association that there has been a violation, misinterpretation misinterpretation, or misapplication of any provision of this Agreement or any rule, order or regulation of shall be subject to the Board may be processed as a grievance as hereinafter providedprocedure.
B. The In the event that a teacher believes there is a basis for a grievance, he/she shall first discuss the alleged grievance with his/her building principal, either personally or accompanied by his/her Association representative.
C. If, as a result of the informal discussion with the building principal, a grievance shall exist, the grievant may invoke the formal grievance procedure on the form set forth in annexed Schedule C, Appendix D. Filed grievances shall be signed by the grievant and a representative of the Association, which form . Grievance forms shall be furnished by the Board and are available for from the Association representative representatives in each building. A copy The grievance shall be written and filed within fifteen (15) days of the grievance form its occurrence, or it shall be delivered to the principal or supervisorprincipal. If the grievance involves more than one (1) school building, it may be filed with the superintendent Superin- tendent or a representative designated by himhis/her designee.
C. D. Within five three (53) school days of the receipt of the grievance, the principal or supervisor Superintendent shall meet with the Association Representative(s) in an effort to resolve the grievance. The principal or supervisor Superintendent shall indicate his his/her disposition of the grievance in writing within five three (53) school days of such meeting, meeting and shall furnish a copy copies thereof to the Association.
D. E. If the Association grievant is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be latermade, the grievance shall be transmitted to the SuperintendentSuperintendent within ten (10) days of the initial filing. Within five (5) school days days, the superintendent Superintendent or his his/her designee shall meet with the Association representative on the grievance and indicate his his/her disposition of the grievance in writing within five three (53) school days of such meeting, meeting and shall furnish a copy thereof to the Association.
E. F. The appeal of any grievance to the Board level is restricted to those grievances that are subject to being heard in executive session under the Open Meetings Act where the grievant specifically requests in writing that the grievance be heard in Executive Session. If the Association grievant is not satisfied with the disposition of the grievance by the Superintendent or his designeehis/her desig- nee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be latertime allowed, the grievance shall be submitted transmitted to the Board within ten thirteen (1013) working days from the date initially delivered to the Superintendent by filing a written copy thereof with the Secretary Secretary, or other designee of the Board. The Board, no later than its next regular meeting meeting, or two (2) calendar weeks, whichever shall be later, shall may hold a hearing on the grievance, and review such grievance in executive session, or give such other consideration as it shall deem appropriate. Disposition of the grievance grievance, in writing by the Board Board, shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. G. If the Association is not satisfied with the disposition of the grievance by the Superintendent or the Board where applicable, or if no disposition has been made within the period provided above, the grievance may be submitted to arbitration before an impartial arbitrator. The grievance shall be carried forward by the Association may request arbitration of any unresolved within forty-five (45) days from the date it was initially delivered to the Superintendent or Board where applicable, or the grievance which is arbitrable by filing shall be waived. If the Arbitration Request Form with parties cannot agree as to the arbitrator, the American Arbitration Association shall select the arbi- trator in accord with its rules which shall, likewise, govern the arbitration proceeding. The Board and delivering a copy Association shall not be permitted in such proceeding to assert any ground or rely on any evidence not previously disclosed to the other party.
▇. The arbitrator is to determine disputed interpretations of terms found in this Agreement, or determine dis- puted facts upon which the terms of the Agreement depend. The arbitrator shall not have authority, nor shall it be his/her duty, to decide any issue not submitted to him/her. The arbitrator shall not give any deci- sion, which in practical or actual effect, modifies, revises, detracts from, or adds to any of the language of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt agreement. Past practice of the Board's written disposition. If parties can be used as relevant evidence if it bears on an interpretation of the Board fails to answer a grievance within actual terms of the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was dueAgreement. The grievance may thereafter arbitrator shall not base any decision on his/her opinion that is fair or not fair, unless it is based on actual language in this Agreement. Both parties agree to be submitted to arbitration. If bound by the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis award of the Employer's last dispositionarbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
▇. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees ▇▇▇▇ and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to himin full by the losing party of each arbitration case.
H. J. At no time shall students become involved in the grievance procedure, unless accompanied by their parents.
K. The time limits provided in this article Article shall be strictly observed observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and the strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term term, or as soon thereafter as possible.
I. L. If an individual a teacher has a personal complaint which he he/she desires to discuss with a supervisor, he he/she is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an the Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the this Agreement. In the administration of the grievance procedure, the interests of the teachers .
M. All time limits shall be the sole responsibility of the Associationmeasured in teacher attendance days.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Collective Bargaining Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided.
B. The grievant may invoke the formal grievance procedure on the form set forth in annexed Schedule C, signed by the grievant and a representative of the Association, which form shall be available for the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by him.
C. Within five (5) school days of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing ▇. ▇▇▇▇▇▇ time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Collective Bargaining Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by grievance is defined as an alleged violation of a specific article or section of this Agreement. Grievant shall be defined as the local Association, teacher or teachers. If any such grievance arises, there shall be no stoppage or suspension of work because of such grievances; but such grievance shall be submitted to the Association that following grievance procedures stated below. Before a grievance can be filed, however, both parties involved shall informally discuss the situation to be certain there has been a violation, misinterpretation or misapplication violation of any provision of this Agreement contract, or to ascertain if there is a disagreement as to a violation of any rule, order or regulation provision of this contract. Any grievance filed without this initial informal conference shall be considered by all parties as null and void. Said informal conference shall be held within two (2) weeks of the Board may be processed as a grievance as hereinafter providedoccurrence or at the time the individual should have had knowledge of the occurrence.
B. The grievant may must invoke the formal grievance procedure on the form set forth in annexed Schedule CSchedule, signed by the grievant and a the representative of the Association, which form shall and it must be available for filed within ten (10) days of the Association representative in each buildingdecision at the informal conference. A copy of the grievance form shall be delivered to the principal or supervisorof the building involved and to the Association. If the grievance involves more than one school building, it may be filed with the superintendent Superintendent or a representative designated by him/her.
C. Within five ten (510) school days of receipt of the grievance, the principal or supervisor shall meet with the Association President, Grievance Chairperson, or his/her designee in an effort to resolve the grievance. The principal or supervisor shall indicate his his/her disposition of the grievance in writing within five ten (510) school days of such meeting, and shall furnish a copy thereof to the AssociationAssociation and to the grievant.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five ten (510) school days of such meeting (or ten twenty (1020) school days from the date of filing, whichever shall be later), the grievance may be transmitted to the superintendent. If the Association does not transmit the grievance on to the Superintendent within ten (10) days after receiving the grievance from the Principal or after the expiration of time if no disposition is made, the grievance shall be transmitted considered settled. If the Association does pass the grievance on to the SuperintendentSuperintendent within the time limits prescribed, there shall be a written report signed by the President of the Association stating exactly why the Principal's disposition of the grievance was not satisfactory together with any and all information the Association has connected with the grievance. Within five ten (510) school days the superintendent Superintendent or his his/her designee shall will meet with the Association on the grievance and shall indicate his his/her disposition of the grievance in writing within five ten (510) school days of such meeting, meeting and shall furnish a copy thereof together with any and all information the Superintendent has connected with the grievance to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designeegrievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days of such meeting, the grievance may be transmitted to the Board of Education. If the Association does not transmit the grievance on to the Board of Education with ten (10) days after receiving the grievance from the date Superintendent or after the expiration of filing, whichever shall be latertime if no disposition is made, the grievance shall be submitted to considered settled. If the Association does pass the grievance on the Board within the time limits prescribed, there shall be a written report signed by the President, Grievance Chair, or Designee of the Association stating exactly why the Superintendent’s disposition of the grievance was not satisfactory. Within ten (10) days, the Board will meet with the Association in closed session, unless otherwise requested by the Association, on the grievance and shall indicate a disposition of the grievance in writing within ten (10) working days by filing of such meeting and shall furnish a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The If a satisfactory disposition of the grievance is not made as a result of Paragraph D, the Association may may, by written notice to the Board, submit the grievance to arbitration within fifteen (15) days from the last date provided for in Paragraph E.
1. Within ten (10) days after such written notice and the submission to arbitration, the Board and the Association will agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request arbitration for a list of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with arbitrators will be made to the American Arbitration Association by the Association. The parties will be bound by the rules and delivering a copy procedures of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis selection of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The an arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacherThe arbitrator so selected will hear the matter promptly and will issue his/her decision not later than twenty (20) days from the date of the close of the hearings, including but not limited to discharge, demotion, layoff or failure to recallor, if that action when timely raised is subject oral hearings have been waived, then 20 days from the date the final statements and proofs are submitted to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decidedhim/her. The arbitrator's decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions on the issues submitted.
3. The arbitrator shall be final and binding upon have no power to add to, subtract from, disregard, alter, or modify any of the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in terms of this Agreement.
G. 4. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he he/she shall be reinstated with full reimbursement of all professional compensation lostwages lost or as stipulated by the arbitrator.
5. If he The decision of the arbitrator shall have been found be submitted to have been improperly deprived of any professional compensation or advantagethe Board and the Association, and shall be final and binding upon the Association, the same or its equivalent in money Board, and the grievant.
6. The fees and expenses of the arbitrator shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended shared equally by written agreement of the parties. In All other expenses shall be borne by the event a party incurring them, and neither party shall be responsible for the expense of witnesses called by the other.
G. Any grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance which occurred prior to the end ratification date of the school term or as soon thereafter as possiblethis Agreement shall not be processed.
I. ▇. If an any individual teacher has a personal complaint which he he/she desires to discuss with a supervisor, he he/she is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment adjustments of a grievance be inconsistent with the terms of the this Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing I. Any time for an alleged violation is limited to twenty (20) teaching days from the date period in this Article may be extended by mutual agreement of an alleged incidentparties involved.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A grievance shall be defined as a claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication of any provision of this the Agreement except that a claim or dispute involving the discharge or demotion of a tenure teacher shall not be subject to the grievance procedure. Any matter involving administrative evaluative judgment as opposed to evaluative procedure shall not be subject to the grievance procedure nor shall any rule, order grievance involving evaluation entitle a probationary teacher to reinstatement or regulation of the Board may be processed as a grievance as hereinafter providedtenure or its equivalent in money.
B. The grievant may invoke the formal grievance procedure on the form set forth in annexed Schedule CAppendix D, signed by the grievant and a representative of the Association, which form shall be available for the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent Superintendent or a representative designated by him. All grievances must be filed twenty (20) days from the time when, through reasonable diligence, the violation should have been discovered.
C. Within five (5) school days of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof there of to the Association.
D. If the Association grievance is not satisfied with the disposition of the grievance, settled pursuant to paragraph C or if no disposition has been is made within the time limits specified therein, the grievance may be transmitted to the next step within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendentdays. Within five (5) school days of receipt of the superintendent grievance, the Superintendent or his designee shall meet with the Association on in an attempt to resolve the grievance and grievance; the Superintendent or his designee shall indicate his disposition of regarding the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his his/ her designee, or if no disposition has been made within five (5) school days of such meeting or ten meeting, either party may request non-binding mediation through the Michigan Employment Relations Commission (10) school days MERC). It is understood that grievance timelines will be placed in abeyance from the date time a grievance is referred for mediation until the conclusion of filing, whichever shall be latermediation. In the event that mediation is unsuccessful in resolving the issue or in the event that both parties mutually agree to forego mediation, the grievance shall be submitted transmitted to the Board within ten five (105) working days thereafter, by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, review such grievance in closed session, [if grievance qualifies to be heard in closed session in accordance with the “Open Meetings Act” of the State of Michigan and that the District receives a written request from the employee requesting a closed session before the hearing begins] or give such other consideration as it shall deem seem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The If the Association may request is not satisfied with the disposition of the grievance at Level E, it may, within ten (10) days after the decision of the Board, refer the matter for arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with to the American Arbitration Association Association, in writing, and delivering request the appointment of an arbitrator to hear the grievance. (In addition, a copy termination of this Form non-renewal of a probationary teacher or extension of the probationary period for a teacher, shall not be taken to arbitration.) If the parties cannot agree as to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph Earbitrator, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator he shall be selected from a panel submitted by the American Arbitration Association pursuant in accord with its rules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to their rules assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
G. The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacherparties.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. H. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he grievant shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to himthe grievant.
H. I. The time limits provided in this article Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 15th of any year and strict adherence to the time limits may result in hardship to any party, the Board and the Association shall use its their best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. ▇. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an the Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the this Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation K. The term "days" as used herein in the grievance procedure shall mean "Work/Business" days of the school district being Monday through Friday exclusive of legal holidays or days on which the business office is limited to twenty (20) teaching days from the date of an alleged incidentclosed.
Appears in 1 contract
Sources: Collective Bargaining Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher Teacher or the Association that there has been a violation, misinterpretation misinterpretation, or misapplication of any provision of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided. When one employee shares the Principal/Superintendent role, the Principal step will be by-passed and go directly to the Superintendent – Step 3.
B. The grievant may invoke Step 1. If a Teacher/Association believes there is a basis for a grievance, they shall first discuss the formal alleged grievance procedure on with the form set forth in annexed Schedule C, signed by the grievant and a representative Principal within ten (10) business days of the Association, which form shall be available for the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisoralleged grievance. If the grievance involves more than one school building, it may be filed with two parties cannot find a resolution in that meeting the superintendent teacher or a representative designated by himassociation moves to step 2.
C. Step 2. Within five six (56) school working days of receipt of failing to find a resolution in the grievanceprevious grievance step, the principal or supervisor Association shall complete the grievance forms in the CBA and meet with the Association in an effort Principal to resolve the grievance. The principal or supervisor Principal shall indicate his their disposition of the grievance in writing and furnish a written reply to the Association within five six (56) school business
Step 3. Within six (6) working days of such meetingfailing to find a resolution in the previous grievance step, and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on Superintendent to resolve the grievance and grievance. The Superintendent shall indicate his their disposition of the grievance in writing and furnish a written reply to the Association within five eight (5) school 8) business days of such the Superintendent meeting, and shall furnish a copy thereof to the Association.
E. Step 4. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his his/her designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted transmitted to the Board within ten eight (10) 8) working days of having received the disposition from the Superintendent or his/her designee. If no disposition has been received within the (8) working days of the Superintendent having received the grievance, the grievance shall be transmitted to the Board by filing a written copy thereof with the Secretary or other designee of the Board.
Step 5. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) working days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Step 6. If the Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form not satisfied with the American Arbitration Association and delivering a copy Board’s disposition of this Form the grievance, or if no disposition has been made within the period above provided, the grievance may be submitted to the Employer through the Superintendent's Office arbitration before an impartial arbitrator. Requests for arbitration must be made within thirty seventeen (3017) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form hearing with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office Board.
B. The following matters may not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration:
1. If Any matter covered by the Association does Michigan Teachers’ Tenure Act;
2. Termination of services of or failure to re-employ any probationary teacher;
3. Termination of services of or failure to re-employ any teacher to a position on the extracurricular schedule;
4. Any matter being processed in another forum;
5. Any matter that is a prohibited or illegal bargaining subject.
6. Any claim not request arbitration previously raised in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules process.
C. The fees and expenses powers of the arbitrator and all hearing location costs are subject to the following limitations:
1. He/she shall be shared equally have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement.
2. He/she shall have no power to change any practice, policy or rule of the District nor to substitute his/her judgment for that of the District as to the reasonableness of any such practice, policy, rule or any action taken by the Association and the EmployerDistrict. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers His/her power shall be limited to deciding whether the application and interpretation District has violated the express articles or sections of this Agreement as writtenAgreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the District.
3. The arbitrator shall at all times be governed wholly by the terms of this Agreement and He/she shall have no power to interpret state or authority to amendfederal law.
4. He/she shall not hear any grievance previously barred from the scope of the scope of the grievance procedure.
5. He/she shall not issue a decision on the merits of a prohibited or illegal bargaining subject.
6. The arbitrator’s decision shall conform with the Michigan Uniform Arbitration Act, alter or modify this Agreement either directly or indirectly, or to rule upon a specific MCL 691.1681 et seq.
7. More than one (1) grievance considered settled. In addition, the following may not be considered by the arbitrator:
1arbitrator at the same time except upon the express written mutual consent of the parties and then only if the grievances are of a similar nature. The termination cost of service the arbitrator shall be borne equally by the parties, except each party shall assume its own cost for representation including any expense of or failure to reemploy any probationary teacherwitnesses.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before D. If either party disputes the Michigan Teacher Tenure Commission. If arbitrability of any grievance under the issue terms of arbitrability is raisedthis Agreement, the arbitrator shall not determine have no jurisdiction to render a decision on the merits until he/she has first made a ruling on the issue of arbitrability. By stipulation of the parties, the arbitrator shall have the authority to concurrently hear both the jurisdictional issues and the merits of any grievance unless arbitrability has been affirmatively decidedthe dispute in the same proceeding. The arbitrator's decision Should the arbitrator determine that he/she is without jurisdiction to rule, the matter shall be final and binding upon dismissed without decision on the Association, merits. Submission of jurisdictional issues to the Employer and employees arbitrator shall not be regarded as a waiver by either party of its right to institute civil litigation contesting either the authority of the arbitrator or any award allegedly rendered in excess of such authority.
E. All claims for back wages shall be limited to the bargaining unit; provided, however, amount of wages that each party the employee would otherwise have earned or could have reasonably earned less any compensation that he/she may have its legal remedies if received from any source during the arbitrator exceeds period of back pay. No decision in any one case shall require a retroactive wage adjustment in any other case.
F. All preparation, filing, presentation, or consideration of grievances shall be held at times other than when a bargaining unit employee or participating Association representative is to be at his/her assigned duty station, except as otherwise mutually agreed to the jurisdiction provided in this Agreementcontrary between the District and Association.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The These time limits provided in this article shall be strictly observed adhered to but may be extended by written mutual agreement of the parties, confirmed in writing.
H. Notwithstanding the expiration of this Agreement, any claim or grievance arising during the term of this Agreement (as defined in the duration clause) may be processed through the grievance procedure until resolution. In It is understood by the event a parties that no grievance is shall be filed or based upon any prior or previous agreement or upon an alleged grievance occurring before the effective date of this Agreement. Further, grievances filed after May 15 the expiration of any year and strict adherence to the time limits may result this Agreement shall not be processed under these grievance procedures unless otherwise specifically agreed in hardship to any party, writing by both the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possibleand Association.
I. If an individual teacher has a personal complaint complaints which he he/she desires to discuss with a supervisor, he is free to the teacher may do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the this Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited Both parties agree to twenty (20) teaching days from be bound by the date award of an alleged incidentthe arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by grievance shall be an alleged violation of the expressed terms of this contract. The following matters shall not be the basis of any grievance filed under the procedure outlined in this Article:
1. The termination of services of or failure to re-employ any probationary teacher.
2. The placing of a non-tenure teacher on a third year of probation.
3. No grievance on an adverse evaluation.
4. Original appointments to extracurricular activities. Failure to re-appoint a teacher or to an extracurricular activity shall only be subject up to and including step three of the Association that there has been a violationgrievance procedure, misinterpretation or misapplication of any and not the binding arbitration provision of this Agreement article.
5. If a tenured teacher is demoted or discharged in a matter covered by the Tenure Act, the teacher may elect to follow the procedures of either the grievance process or the Tenure Act, but not both. In such case, after the teacher is advised of his/her tenure rights, should such teacher file action under the Tenure Act, he/she shall have no further right to pursue relief under the grievance procedure in that matter and any rule, order or regulation of grievance protesting the Board may matter shall not be further processed as and shall become a grievance as hereinafter providednullity.
B. The Association shall designate one (1) representative per building to handle grievances when requested by the grievant may invoke and inform the formal grievance procedure Superintendent of their names within two (2) weeks after school commences. The Board hereby designates the principal of each building to act as its representative at Level One as hereinafter described and the Superintendent or his designated representative to act at Level Two as hereinafter described.
C. The term “days” herein shall mean days in which school is in session except during the summer recess when the term “days” herein shall mean weekdays, Monday through Friday.
D. Written grievances as required shall be on the grievance form set forth in annexed Schedule C, (Appendix B) and shall contain the following:
1. It shall be signed by the grievant or grievants.
2. It shall contain a synopsis of the facts giving rise to the alleged violation.
3. It shall cite the Section or subsections of this contract alleged to have been violated.
4. It shall contain the date of the alleged violation.
5. It shall specify the relief requested. Any written grievance shall be in accordance with the above requirements. If the grievant fails to meet the above requirements, he may be asked to resubmit his written grievance within five (5) days of its original submission. The time limits hereinafter set forth shall commence on the date of re- submission. The grievant shall thereafter be bound by the extended time limits and any re-submission shall be subject to the above requirements. In cases where Level One and/or Two cannot, by nature of the matter, offer a remedy, the grievance, at the request of the grievant may begin at the level where a remedy can be made.
E. LEVEL ONE - A teacher with a complaint shall discuss it within ten (10) days of the occurrence with his/her Principal in an attempt to reach a satisfactory solution. Within four (4) days after presentation of the complaint, the Principal shall give his/her answer orally to the employee. If the teacher is not satisfied with the disposition of his/her complaint, he/she may, within the next seven (7) days, file a written grievance and arrange for a meeting of himself and his Association representative with the Principal to again seek a satisfactory solution. Within seven (7) days from receipt of the grievance by the Principal, he/she shall render a decision in writing to the grievant.
F. LEVEL TWO - If the teacher is not satisfied with the disposition of his/her grievance at Level One, or if no decision has been rendered within seven (7) days after presentation of the grievance, he/she may file the grievance, with the endorsement of the Association, which form shall be available for the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed within seven (7) days with the superintendent or a representative designated by him.
C. Superintendent. Within five (5) school days of receipt of the grievance, the principal Superintendent or supervisor his designated agent shall meet arrange a meeting with the grievant and/or the designated Association in an effort representative at the option of the grievant to resolve discuss the grievance. The principal or supervisor shall indicate his disposition of the grievance in writing within Within five (5) school days of such meetingthe discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association Secretary, the Building Principal in which the grievance arose, and shall furnish place a copy thereof to the Associationof same in a permanent file in his/her office.
D. G. LEVEL THREE - If the Association teacher is not satisfied with the disposition of the grievancehis/her grievance at Level Two, or if no disposition decision has been made rendered within five (5) school days of such the discussion, he/she may file the grievance, with the endorsement of the Association, within seven (7) days with the President of the Board of Education. The Board shall allow the teacher or his Association representative an opportunity to be heard at the meeting or ten for which the grievance was scheduled. Within one (101) school days month from the date hearing of filing, whichever shall be laterthe grievance, the grievance Board shall be transmitted render its decision in writing. The Board may hold future hearings thereon, may designate one or more of its members to hold future hearings thereon, or otherwise investigate the Superintendent. Within five (5) school days the superintendent or his designee shall meet grievance, provided, however, that in no event except with the Association on express written consent of the grievance and indicate his disposition Association, shall final determination of the grievance be made by the Board more than one (1) month after the initial hearing. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in writing within five (5) school days which the grievance arose, the grievant and the Secretary of such meeting, and shall furnish a copy thereof to the Association.
E. H. LEVEL FOUR - Individual teachers shall not have the right to process a grievance at Level Four.
1. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designeeat Level Three, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted to the Board it may within ten (10) working days by filing a written copy thereof with after the Secretary or other designee decision of the Board, in writing, request the appointment of an arbitrator to hear the grievance. The BoardIf the parties cannot agree upon an arbitrator, no later than its next regular meeting or two (2) calendar weeks, whichever he shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing selected by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association in accordance with its rules, except each party shall have the right to preemptively strike not more than three (3) from the list of arbitrators.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party, not less than three (3) days prior to the hearing, a pre-hearing statement alleging facts, grounds and delivering defenses which will be proven at the hearing and hold a copy conference at that time in an attempt to settle the grievance.
3. In the event the grievance is not settled prior to the hearing, the grievance may be tried before the arbitrator whose decision shall be binding upon both parties who agree that a judgment thereon may be entered in any court of competent jurisdiction.
4. Notwithstanding the foregoing, the arbitrator shall not have the power to add to, modify, alter or amend, or subtract from the terms of this Form to Agreement. He shall not hear any grievance previously barred from the Employer through the Superintendent's Office within thirty (30) working days following the receipt scope of the Board's written disposition. grievance procedure, nor shall he question the reasonableness of Board policy, nor modify assignments of extra duties for pay as outlined in Article IV, Section F. If the Board fails to answer a any grievance within the time limits set forth in Paragraph Eaward shall include back pay, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office his award shall not later extend more than thirty (30) working days following prior to the date of the Board's Level One conference.
5. Grievances of similar nature may not be considered in the same grievance except upon express written disposition was duemutual consent.
6. The grievance may thereafter costs of arbitration shall be submitted borne equally by the parties except each party shall assume its own cost for representation.
I. Should a teacher fail to arbitration. If the Association does not request arbitration in the manner institute or appeal a decision within the time limits established hereinspecified, or leave the employ of the Board, all further proceedings on a previously instituted grievance (except a claim involving a remedy directly benefiting the grievant regardless of his employment) shall be barred. If the Board representative fails to timely respond to a grievance, the grievance shall may be considered settled processed on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Associationnext level.
J. Filing time for an alleged violation is limited The Association shall be able to twenty (20) teaching days from file a grievance under the date grievance procedure providing a majority of an alleged incidentthe Association membership agrees.
K. All preparation, filing, presentation or consideration of grievances shall be held at times other than when a teacher or a participating Association representative are to be at their assigned duty stations, unless otherwise requested by the administrative representative.
Appears in 1 contract
Sources: Collective Bargaining Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation misrepresentation or misapplication of any provision of this Agreement written agreement may be processed as a grievance as hereinafter provided and may be subject to binding arbitration. A claim by a teacher or any the Association that there has been a violation, misrepresentation or misapplication of existing rule, order or regulation of the Board may be processed as a grievance as hereinafter providedthrough the third level of the grievance procedure but shall not be subject to binding arbitration. The following matters shall not be the basis of any grievance filed under the procedure outlined in this Article.
1. The termination of services of or failure to re-employ any probationary teacher.
2. The termination of services or failure to re-employ any teacher to a position on the extra-curricular schedule.
3. It is expressly understood that the grievance procedure shall not apply to those areas in which the Tenure Act prescribes a procedure or authorizes a remedy (discharge and/or demotion).
B. The grievant Association shall designate one representative per building and one representative of the Association to handle grievances when requested by the grievant. The Board hereby designates the principal of each building to act as its representative at Level One as hereinafter described and the Superintendent or his designated representative to act at Level Two as hereinafter described.
C. The term "days" as used herein shall mean days in which school is in session or during the summer days when the Superintendent’s office is open. Timelines may invoke be reasonably extended by the formal grievance procedure on parties.
D. Written grievances as required herein, shall contain the form set forth in annexed Schedule C, following:
1. It shall be signed by the grievant and or grievants.
2. It shall be specific.
3. It shall contain a representative synopsis of the Associationfacts giving rise to the alleged violation.
4. It shall contain the date of the alleged violation.
5. It shall cite the section or subsections of this contract alleged to have been violated.
6. It shall specify the relief requested.
E. LEVEL ONE - A teacher believing himself wronged by an alleged violation as described in Section A. shall within twenty (20) days of its alleged occurrence present the grievance in writing to the building principal in an attempt to resolve same. If the grievance occurs in the last ten (10) days of the school year, which form shall the initial filing of the grievance is tolled until the commencement of the following school year but may be available for filed immediately. The grievant must be accompanied by the Association representative representative. If no resolution is obtained within ten (10) days of its presentation, the grievance will proceed to Professional Governance Council as set forth in each buildingarticle 18 (a)(5). LEVEL TWO - A copy of the written grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent Superintendent or a representative designated by him.
C. agent as specified in Level One with the endorsement thereon of the position of the Association. Within five ten (510) school days of receipt of the grievance, the principal Superintendent or supervisor designated agent shall meet arrange a meeting with the Association in an effort grievant to resolve discuss the grievance. The principal or supervisor shall indicate his disposition Within ten (10) days of the discussion, the Superintendent or designated agent shall render a decision in writing, transmitting a copy of the same to the grievant, the Association Secretary, the building principal in which the grievance arose, and place a copy of same in writing a permanent file. If no decision is rendered within five ten (510) school days of such the discussion, or the decision is unsatisfactory to the grievant and the Association, the Association may appeal the same to the Board of Education by filing a written grievance along with the decision of the Superintendent with the officer of the Board in charge of drawing up the agenda for the Board' s Grievance Committee meeting not less than ten (10) days prior to the next regularly scheduled Board meeting. LEVEL THREE - Upon proper application as specified in Level Two, the Board shall allow the teacher and/or Association representative an opportunity to be heard at a scheduled meeting of the Board’s Grievance Committee. This committee shall be comprised of three (3) Board members, one chosen by the administration, one chosen by the Association, and one drawn by lottery. Said committee meeting shall furnish a copy thereof to be held within ten (10) days of the Association.
D. If filing of the Association is not satisfied with Level Three grievance unless both parties agree otherwise. Within ten (10) days from the disposition hearing of the grievance, the Board committee shall render its decision in writing. The Board may hold future hearings therein, may designate one or if more of its members to hold future hearings therein or otherwise investigate the grievance, provided however, that in no disposition has been event except with express written consent of the Association shall final determination of the grievance be made within five (5) school days of such meeting or by the Board more than ten (10) school days from after the date initial hearing. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, whichever shall be laterthe building principal for the building in which the grievance arose, the grievance shall be transmitted to grievant, and the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition secretary of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
E. . If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designeeBoard, or if no disposition has been made made, the grievance may be submitted to arbitration before an impartial arbitrator within forty (40) days. If the parties cannot agree as to the arbitrator within five (5) school days of such meeting or ten (10) school days from the notification date of filingthat arbitration will be pursued, whichever he/she shall be later, the grievance shall be submitted to the Board within ten (10) working days selected by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association in accordance with its rules which shall likewise govern the arbitration proceeding. The Board and delivering a copy the Association shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to or subtract from the term of this Form agreement. Both parties agree to be bound by the award of the arbitrator.
1. Individual teachers shall not have the right to process a grievance at Level Four.
2. Each party shall submit to the Employer through other party, not less than three (3) days prior to the Superintendent's Office within thirty (30) working days following hearing, a pre-hearing statement alleging facts, grounds and defenses which will be presented at the receipt hearing and hold a conference at that time in an attempt to settle the grievance.
3. After a case has been referred to the arbitrator, it may not be withdrawn by either party except by mutual consent.
4. More than one grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent and then only if they are of similar nature.
5. The cost of the Board's written disposition. If arbitrator shall be born equally by the Board fails parties except each party shall assume its own cost for representation including any expense of witness.
F. Should a teacher or the Association fail to answer institute a grievance within the time limits set forth in Paragraph Especified, the grievance will not be processed. Should a teacher or the Association may request fail to appeal a decision within the limits specified, or leave the employ of the Board (except a claim involving a remedy directly benefiting the grievant regardless of his employment), all further proceedings on a previously instituted grievance shall be barred.
G. Teachers absent from school and participating in an arbitration by filing hearing will not receive wages during the arbitration hearing if the hearing is during school time.
H. Arbitration Request Form with awards or grievance settlements will not be made retroactive beyond the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than date thirty (30) working days following prior to the date on which the Board's written disposition was duegrievance is filed. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established hereinIn case entire lump sum payments accumulated over a period of time, the grievance entire lump sum payment shall be considered settled due on the basis date payment is made. Where no wage loss (including leave pay loss and fringe benefit pay loss) has been caused by the action of the Employer's last disposition. If a grievance is to be submitted to arbitrationBoard complained of, the arbitrator Board shall be selected from a panel submitted by the American Arbitration Association pursuant under no obligation to their rules The fees make monetary adjustments to an individual teacher and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacherorder one.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by grievance is defined as an alleged violation of a specific article or section of this Agreement. Grievant shall be defined as the local Association, teacher or teachers. If any such grievance arises, there shall be no stoppage or suspension of work because of such grievances; but such grievance shall be submitted to the Association that following grievance procedures stated below. Before a grievance can be filed, however, both parties involved shall informally discuss the situation to be certain there has been a violation, misinterpretation or misapplication violation of any provision of this Agreement contract, or to ascertain if there is a disagreement as to a violation of any rule, order or regulation provision of this contract. Any grievance filed without this initial informal conference shall be considered by all parties as null and void. Said informal conference shall be held within two (2) weeks of the Board may be processed as a grievance as hereinafter providedoccurrence or at the time the individual should have had knowledge of the occurrence.
B. The grievant may must invoke the formal grievance procedure on the form set forth in annexed Schedule CSchedule, signed by the grievant and a the representative of the Association, which form shall and it must be available for filed within ten (10) days of the Association representative in each buildingdecision at the informal conference. A copy of the grievance form shall be delivered to the principal or supervisorof the building involved and to the Association. If the grievance involves more than one school building, it may be filed with the superintendent Superintendent or a representative designated by him/her.
C. Within five ten (510) school days of receipt of the grievance, the principal or supervisor shall meet with the Association President, Grievance Chairperson, or his/her designee in an effort to resolve the grievance. The principal or supervisor shall indicate his his/her disposition of the grievance in writing within five ten (510) school days of such meeting, and shall furnish a copy thereof to the Association and to the grievant. ▇▇▇▇▇▇▇ Community Schools and the ▇▇▇▇▇▇▇ Educational Association./MEA/NEA July 1, 2009 - June 30, 2011
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five ten (510) school days of such meeting (or ten twenty (1020) school days from the date of filing, whichever shall be later), the grievance may be transmitted to the superintendent. If the Association does not transmit the grievance on to the Superintendent within ten (10) days after receiving the grievance from the Principal or after the expiration of time if no disposition is made, the grievance shall be transmitted considered settled. If the Association does pass the grievance on to the SuperintendentSuperintendent within the time limits prescribed, there shall be a written report signed by the President of the Association stating exactly why the Principal's disposition of the grievance was not satisfactory together with any and all information the Association has connected with the grievance. Within five ten (510) school days the superintendent Superintendent or his his/her designee shall will meet with the Association on the grievance and shall indicate his his/her disposition of the grievance in writing within five ten (510) school days of such meeting, meeting and shall furnish a copy thereof together with any and all information the Superintendent has connected with the grievance to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designeegrievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days of such meeting, the grievance may be transmitted to the Board of Education. If the Association does not transmit the grievance on to the Board of Education with ten (10) days after receiving the grievance from the date Superintendent or after the expiration of filing, whichever shall be latertime if no disposition is made, the grievance shall be submitted to considered settled. If the Association does pass the grievance on the Board within the time limits prescribed, there shall be a written report signed by the President, Grievance Chair, or Designee of the Association stating exactly why the Superintendent’s disposition of the grievance was not satisfactory. Within ten (10) days, the Board will meet with the Association in closed session, unless otherwise requested by the Association, on the grievance and shall indicate a disposition of the grievance in writing within ten (10) working days by filing of such meeting and shall furnish a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The If a satisfactory disposition of the grievance is not made as a result of Paragraph D, the Association may may, by written notice to the Board, submit the grievance to arbitration within fifteen (15) days from the last date provided for in Paragraph E.
1. Within ten (10) days after such written notice and the submission to arbitration, the Board and the Association will agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request arbitration for a list of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with arbitrators will be made to the American Arbitration Association by the Association. The parties will be bound by the rules and delivering a copy procedures of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis selection of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The an arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacherThe arbitrator so selected will hear the matter promptly and will issue his/her decision not later than twenty (20) days from the date of the close of the hearings, including but not limited to discharge, demotion, layoff or failure to recallor, if that action when timely raised is subject oral hearings have been waived, then 20 days from the date the final statements and proofs are submitted to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decidedhim/her. The arbitrator's decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions on the issues submitted. ▇▇▇▇▇▇▇ Community Schools and the ▇▇▇▇▇▇▇ Educational Association/MEA/NEA July 1, 2009 - June 30, 2011
3. The arbitrator shall be final and binding upon have no power to add to, subtract from, disregard, alter, or modify any of the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in terms of this Agreement.
G. 4. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he he/she shall be reinstated with full reimbursement of all professional compensation lostwages lost or as stipulated by the arbitrator.
5. If he The decision of the arbitrator shall have been found be submitted to have been improperly deprived of any professional compensation or advantagethe Board and the Association, and shall be final and binding upon the Association, the same or its equivalent in money Board, and the grievant.
6. The fees and expenses of the arbitrator shall be paid shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other.
G. Any grievance which occurred prior to himthe ratification date of this Agreement shall not be processed.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of If any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he he/she desires to discuss with a supervisor, he he/she is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment adjustments of a grievance be inconsistent with the terms of the this Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing I. Any time for an alleged violation is limited to twenty (20) teaching days from the date period in this Article may be extended by mutual agreement of an alleged incidentparties involved.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or of the Association P.T.S. that there has been a violation, misinterpretation misinterpretation, or misapplication of any provision of this Agreement or misapplication of any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided.
B. The grievant may invoke term “days” as used herein shall mean days in which school is in session. During the formal summer school vacation months “days” shall mean Monday through Friday.
C. A teacher believing there is a basis for a grievance procedure on shall as early as possible, but at least within fifteen days of its alleged occurrence, or of gaining knowledge of that occurrence, discuss the form set forth alleged grievance with the Superintendent either personally or accompanied by a P.T.S. representative in annexed Schedule Can attempt to resolve the problem. Days when the Superintendent is not available in the building shall be added to the above number of days. If resolution is obtained within fifteen days of the initial discussion, signed by the teacher shall reduce the grievance to a written record and file the same with the Superintendent. The Superintendent shall render the decision in writing and transmit the same to the grievant and a representative of the Association, which form shall be available for the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by him.
C. Within five (5) school P.T.S. within ten days of receipt of the written grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
D. If Written grievances as required herein shall contain the Association is not satisfied with following:
1. It shall be signed by the disposition grievant or grievants;
2. It shall be specific;
3. It shall contain a synopsis of the grievancefacts giving rise to the alleged violation;
4. It shall cite the section or subsections of the Agreement or Policy Manual alleged to have been violated, or if no disposition has been made within five (applicable;
5) school days of such meeting or ten (10) school days from . It shall contain the date of filing, whichever the alleged violation;
6. It shall be later, specify the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Associationrelief requested.
E. If the Association decision is not satisfied with unsatisfactory to the disposition of grievant, the grievant may appeal the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted to the Board within ten (10) working days by filing a written copy thereof of the grievance, along with the Secretary decision of the Superintendent, with the secretary or other designee designated representative of the BoardBoard within six days of receipt of the Superintendent’s disposition. The Board, no later than its next regular meeting or within two (2) calendar weeks, whichever shall be later, shall hold a hearing meet with the grievant, the P.T.S, and the Superintendent on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) thirty days thereafter. A from the meeting and a copy given to the grievant and the P.T.S..
F. If the P.T.S. is not satisfied with the disposition of the grievance by the Board and the P.T.S. intends to submit the matter to arbitration, the P.T.S. shall notify the Board of such disposition shall intention within fifteen days of receipt of the Board’s disposition. If the parties cannot agree upon an impartial arbitrator within five days from the notification date that arbitration will be furnished to pursued, the Association.
F. The Association may request P.T.S. shall, within ten days from the date that the Board is notified, demand arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with through the American Arbitration Association in writing in accordance with its rules which shall likewise govern the selection of the Arbitrator. Neither party may raise a new defense or grounds at the arbitration having not previously been raised or disclosed. The decision of the Arbitrator shall be final and delivering a copy conclusive and binding upon employees, the Board and the P.T.S.; subject to the right of the Board or the P.T.S. to judicial review. The lawful decision of the Arbitrator shall be forthwith placed into effect.
G. The Arbitrator shall only have the authority to adjust grievances in accordance with this Agreement. The Arbitrator shall not have jurisdiction or authority to add to, amend, modify, nullify, or ignore in any way the provisions of this Form Agreement and shall not make any award which in effect would grant the P.T.S. or the Board any rights or privileges which were not obtained in the negotiation process. The Arbitrator shall have no power to interpret State or Federal law.
H. Retroactivity may or may not be determined by the Arbitrator per the merits of the case. The maximum period of retroactivity allowed for arbitration awards or grievance settlements shall be a date not earlier than 180 calendar days prior to the Employer through the Superintendent's Office within thirty (30) working days following the receipt initiation of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph Estep one, the Association may request arbitration by i.e. filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules grievance.
I. The fees and expenses of the arbitrator and all hearing location costs Arbitrator shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacherparties.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. J. The time limits provided in this article Article shall be strictly observed but observed. Grievances not appealed within the designated time limits for the various steps of the grievance procedure will automatically result in the grievance being considered closed. Grievances not answered by the Superintendent or the Board within the designated time limits shall be considered automatically appealable and processed to the next step. Where the Board does not provide the required answer to a grievance within the time limit provided at the previous steps, the time limit for filing at the next step shall be extended for ten additional days. The time limits at any step, or for any hearing, may be extended by written mutual agreement of the partiesparties involved at that particular step. In the event a grievance is filed after May 15 fifteenth of any year and strict adherence to the time limits may result in hardship to any party, the Board parties shall use its their best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has . Should the Board or the Superintendent fail to timely present a personal complaint which he desires to discuss with a supervisordisposition, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification deemed denied and the P.T.S. may timely proceed to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration next step of the grievance procedure.
K. The teacher, P.T.S. representatives, Superintendent and Board representatives shall, throughout the grievance procedure, treat each other with courtesy, and no effort shall be made by either party or its representatives to harass or intimidate the other party or its representatives.
L. In any case where the P.T.S. has complained of an action of the Board, which has resulted in no loss of wages, the interests of the teachers Board shall be under no obligation to make monetary adjustments and the sole responsibility of the AssociationArbitrator shall have no power to order one.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by grievance shall be an alleged violation of the expressed terms of this contract. The following matters shall not be the basis of any grievance filed under the procedure outlined in this Article:
1. The termination of services of or failure to re-employ any probationary teacher.
2. The placing of a non-tenure teacher on a third year of probation.
3. No grievance on an adverse evaluation.
4. Original appointments to extracurricular activities. Failure to re-appoint a teacher or to an extracurricular activity shall only be subject up to and including step three of the Association that there has been a violationgrievance procedure, misinterpretation or misapplication of any and not the binding arbitration provision of this Agreement article.
5. If a tenured teacher is demoted or discharged in a matter covered by the Tenure Act, the teacher may elect to follow the procedures of either the grievance process or the Tenure Act, but not both. In such case, after the teacher is advised of his/her tenure rights, should such teacher file action under the Tenure Act, he/she shall have no further right to pursue relief under the grievance procedure in that matter and any rule, order or regulation of grievance protesting the Board may matter shall not be further processed as and shall become a grievance as hereinafter providednullity.
B. The Association shall designate one (1) representative per building to handle grievances when requested by the grievant may invoke and inform the formal grievance procedure Superintendent of their names within two (2) weeks after school commences. The Board hereby designates the principal of each building to act as its representative at Level One as hereinafter described and the Superintendent or his designated representative to act at Level Two as hereinafter described.
C. The term “days” herein shall mean days in which school is in session except during the summer recess when the term “days” herein shall mean weekdays, Monday through Friday.
D. Written grievances as required shall be on the grievance form set forth in annexed Schedule C, (Appendix B) and shall contain the following:
1. It shall be signed by the grievant or grievants.
2. It shall contain a synopsis of the facts giving rise to the alleged violation.
3. It shall cite the Section or subsections of this contract alleged to have been violated.
4. It shall contain the date of the alleged violation.
5. It shall specify the relief requested. Any written grievance shall be in accordance with the above requirements. If the grievant fails to meet the above requirements, he may be asked to resubmit his written grievance within five (5) days of its original submission. The time limits hereinafter set forth shall commence on the date of re-submission. The grievant shall thereafter be bound by the extended time limits and any re- submission shall be subject to the above requirements. In cases where Level One and/or Two cannot, by nature of the matter, offer a remedy, the grievance, at the request of the grievant may begin at the level where a remedy can be made.
E. LEVEL ONE - A teacher with a complaint shall discuss it within ten (10) days of the occurrence with his/her Principal in an attempt to reach a satisfactory solution. Within four (4) days after presentation of the complaint, the Principal shall give his/her answer orally to the employee. If the teacher is not satisfied with the disposition of his/her complaint, he/she may, within the next seven (7) days, file a written grievance and arrange for a meeting of himself and his Association representative with the Principal to again seek a satisfactory solution. Within seven (7) days from receipt of the grievance by the Principal, he/she shall render a decision in writing to the grievant.
F. LEVEL TWO - If the teacher is not satisfied with the disposition of his/her grievance at Level One, or if no decision has been rendered within seven (7) days after presentation of the grievance, he/she may file the grievance, with the endorsement of the Association, which form shall be available for the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed within seven (7) days with the superintendent or a representative designated by him.
C. Superintendent. Within five (5) school days of receipt of the grievance, the principal Superintendent or supervisor his designated agent shall meet arrange a meeting with the grievant and/or the designated Association in an effort representative at the option of the grievant to resolve discuss the grievance. The principal or supervisor shall indicate his disposition of the grievance in writing within Within five (5) school days of such meetingthe discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association Secretary, the Building Principal in which the grievance arose, and shall furnish place a copy thereof to the Associationof same in a permanent file in his/her office.
D. G. LEVEL THREE - If the Association teacher is not satisfied with the disposition of the grievancehis/her grievance at Level Two, or if no disposition decision has been made rendered within five (5) school days of such the discussion, he/she may file the grievance, with the endorsement of the Association, within seven (7) days with the President of the Board of Education. The Board shall allow the teacher or his Association representative an opportunity to be heard at the meeting or ten for which the grievance was scheduled. Within one (101) school days month from the date hearing of filing, whichever shall be laterthe grievance, the grievance Board shall be transmitted render its decision in writing. The Board may hold future hearings thereon, may designate one or more of its members to hold future hearings thereon, or otherwise investigate the Superintendent. Within five (5) school days the superintendent or his designee shall meet grievance, provided, however, that in no event except with the Association on express written consent of the grievance and indicate his disposition Association, shall final determination of the grievance be made by the Board more than one (1) month after the initial hearing. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in writing within five (5) school days which the grievance arose, the grievant and the Secretary of such meeting, and shall furnish a copy thereof to the Association.
E. H. LEVEL FOUR - Individual teachers shall not have the right to process a grievance at Level Four.
1. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designeeat Level Three, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted to the Board it may within ten (10) working days by filing a written copy thereof with after the Secretary or other designee decision of the Board, in writing, request the appointment of an arbitrator to hear the grievance. The BoardIf the parties cannot agree upon an arbitrator, no later than its next regular meeting or two (2) calendar weeks, whichever he shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing selected by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association in accordance with its rules, except each party shall have the right to preemptively strike not more than three (3) from the list of arbitrators.
2. Neither party may raise a new defense or ground at Level Four not previously raised or disclosed at other written levels. Each party shall submit to the other party, not less than three (3) days prior to the hearing, a pre-hearing statement alleging facts, grounds and delivering defenses which will be proven at the hearing and hold a copy conference at that time in an attempt to settle the grievance.
3. In the event the grievance is not settled prior to the hearing, the grievance may be tried before the arbitrator whose decision shall be binding upon both parties who agree that a judgment thereon may be entered in any court of competent jurisdiction.
4. Notwithstanding the foregoing, the arbitrator shall not have the power to add to, modify, alter or amend, or subtract from the terms of this Form to Agreement. He shall not hear any grievance previously barred from the Employer through the Superintendent's Office within thirty (30) working days following the receipt scope of the Board's written disposition. grievance procedure, nor shall he question the reasonableness of Board policy, nor modify assignments of extra duties for pay as outlined in Article IV, Section F. If the Board fails to answer a any grievance within the time limits set forth in Paragraph Eaward shall include back pay, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office his award shall not later extend more than thirty (30) working days following prior to the date of the Board's Level One conference.
5. Grievances of similar nature may not be considered in the same grievance except upon express written disposition was duemutual consent.
6. The grievance may thereafter costs of arbitration shall be submitted borne equally by the parties except each party shall assume its own cost for representation.
I. Should a teacher fail to arbitration. If the Association does not request arbitration in the manner institute or appeal a decision within the time limits established hereinspecified, or leave the employ of the Board, all further proceedings on a previously instituted grievance (except a claim involving a remedy directly benefiting the grievant regardless of his employment) shall be barred. If the Board representative fails to timely respond to a grievance, the grievance shall may be considered settled processed on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Associationnext level.
J. Filing time for an alleged violation is limited The Association shall be able to twenty (20) teaching days from file a grievance under the date grievance procedure providing a majority of an alleged incidentthe Association membership agrees.
K. All preparation, filing, presentation or consideration of grievances shall be held at times other than when a teacher or a participating Association representative are to be at their assigned duty stations, unless otherwise requested by the administrative representative.
Appears in 1 contract
Sources: Collective Bargaining Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. Definition A grievance can be any claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication of any provision the terms of this Agreement agreement. This does not prevent a teacher from discussing any policy or any rulepractice, order or regulation of not included in this agreement, with the Board may be processed as a grievance as hereinafter providedadministration.
B. Purpose The grievant may invoke primary purpose of this procedure is to secure, at the formal grievance procedure on lowest level possible, an equitable solution to the form set forth in annexed Schedule C, signed by the grievant and a representative problems of the Association, which form shall be available for the Association representative in each buildingparties. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed with by an individual teacher, a group of teachers, or the superintendent or a representative designated by himAssociation.
C. Within five (5) school days of receipt of Procedure All grievance proceedings, but not necessarily the grievancegrievance itself shall be informal, the principal or supervisor as is mutually agreeable. Records shall meet with the Association in an effort be kept by all parties to resolve the grievance. The principal or supervisor number of days indicated at each step shall indicate his disposition be considered the maximum allowable to all parties, and every effort shall be made to expedite the proceedings. Claimants having a grievance must follow these steps:
Step 1: Any claim shall first be presented orally by the claimant to the most immediate administrator. If requested by the grievant, an Association representative shall be present to assist in oral resolution of the difference.
Step 2: If a satisfactory solution of the claim is not reached orally, a written statement (see attached form) must be filed by the claimant or Association within ten (10) business days. The formal grievance and the administrator’s reply shall be in writing.
a. In stating his/her grievance, the claimant or Association must specify the violation and give pertinent evidence in support of his/her grievance.
b. The grievance shall be signed by the claimant and presented to the most immediate administrator.
c. The administrator shall, within ten (10) business days of the receipt of the written grievance, arrange a meeting between the claimant, an Association representative and himself/herself. The administrator shall have ten (10) business days to reply in writing his/her decision on the grievance. The answer shall include reasons for the decision. The grievance shall be regarded as settled and closed within five ten (510) school business days after the meeting, if an appeal has not been filed. The grievance claim shall be submitted to the immediate supervisor within thirty (30) business days of such meetingthe alleged violation or the claimant’s discovery of the alleged violation.
Step 3: If a grievance is not resolved in Steps 1 and 2, and shall furnish then the claimant or Association may file a copy thereof written appeal within fifteen (15) business days after the meeting in Step 2 to the Association.
D. If the Superintendent or his/her official designee. The Superintendent shall arrange a meeting between himself herself, claimant and Association is not satisfied with the disposition of the grievance, or if no disposition has been made representative within five (5) school days of such meeting or ten (10) school business days. The Superintendent shall give a written reply to the claimant within ten (10) business days. The claimant will then have ten (10) business days from to appeal the date of filingdecision in writing. If no appeal is made within ten (10) business days or fifteen (15) business days after the meeting with the Superintendent, whichever then the case shall be laterconsidered closed.
Step 4: If the grievance is not resolved at Step 3 within the time limits provided, the grievance may be heard by the Board at its option. The President of the Board shall be transmitted arrange for a meeting to take place with representatives of the Association within ten (10) business days of his/her receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary to develop pertinent facts to the Superintendentgrievance. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition Upon conclusion of the grievance hearing, the President of the Board shall have ten (10) business days in writing within five (5) school days of such meeting, which to provide a written decision with reasons to the grievant and shall furnish a copy thereof to the Association.
E. Step 5: If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designeeat Steps 2, 3, and 4, or the time limits expire without the issuance of the Superintendent’s and the Board President’s written reply, (or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be laterBoard elects not to hear the grievance), the grievance shall be submitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of Association may submit the grievance in writing by to final and binding arbitration under the Board shall be made no later than seven (7) days thereafter. A copy Voluntary Labor Arbitration Rules of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association Association. The AAA or the Federal Mediation and delivering Conciliation Service shall act as administrator of the proceedings. If a copy of this Form to the Employer through the Superintendent's Office demand for arbitration is not filed within thirty (30) working business days following the receipt of the date for the Board's ’s written disposition. If reply, or from the date of the meeting if no reply is received, then the grievances shall be deemed withdrawn.
a. Neither the Board fails to answer a grievance within the time limits set forth in Paragraph E, nor the Association may request arbitration by filing shall be permitted to assert any grounds or evidence before the Arbitration Request Form with arbitrator which was not previously disclosed to the American Arbitration Association and delivering a copy other party.
b. The arbitrator shall have no power to alter the terms of this Form agreement.
c. The arbitrator is empowered to include in any recommendations such final reimbursements or other remedies as he/she judges to be proper.
d. Each party shall bear the Employer through full costs for its representation in the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was duearbitration. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses cost of the arbitrator and all hearing location costs the AAA shall be shared divided equally by between the parties.
e. If either party requests a transcript of the proceedings, that party shall bear the full costs for that transcript. If both parties order a transcript, the cost of the two (2) transcripts shall be divided equally between the parties.
D. If the Association and the Employer. Each party shall pay Superintendent agree, Step 1 and/or Step 2 of the feesgrievance procedure may be bypassed and the grievance brought directly to the next step.
E. Grievances involving one or more teachers or one or more supervisors and grievances involving an administrator above the building level may be initially filed by the Association at Step 3.
F. The Board acknowledges the right of an Association representative to participate, expensesat the request of the grievant, wages, in the processing of a grievance at any level and any other compensation of its own representatives and legal counsel. The arbitrator's powers no teacher shall be limited required to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific discuss any grievance considered settled. In addition, the following may if an Association representative is not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacherpresent.
2. Any action involving G. When a tenured teacher, including but grievant is not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon represented by the Association, on its request the Employer and employees in Association shall have the bargaining unit; provided, however, that each party may right to have its legal remedies if representative present to state its views at all stages of the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to himprocedure.
H. The time limits provided Board and the administration shall cooperate with the Association in this article its investigation of any grievance, and further they shall be strictly observed but may be extended by written agreement furnish the Association with such information, with the exception of the parties. In personal file, requested for the event a grievance is filed after May 15 processing of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possiblegrievance.
I. If No reprisals of any kind shall be taken by the Board or the Administration against a teacher because of the teacher’s participation in this grievance procedure. Conversely, no reprisals of any kind shall be taken by the Association and/or grievant against an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to administrator or Board member for the administrator’s or Board member’s participation in the grievance procedure.
J. Should the investigation or processing of any grievance require that a teacher be absent from his/her regular assignment, he/she shall be released under the provisions of personal leave. HoweverIf any Association representative accompanies the teacher, no the representative shall not be charged personal leave, and the Association will assume the cost of the Association representative’s substitute. The teachers involved shall notify the building principal the day before they expect to be absent from the classroom.
K. All documents, communications, and records dealing with the processing of a grievance shall be adjusted without prior notification to filed separately from the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms personnel files of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Associationparticipants.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incidentL. A grievance may be withdrawn at any level without establishing precedent.
Appears in 1 contract
Sources: Collective Bargaining Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A grievance is a claim by a teacher an employee or the Association that there has been a violation, misinterpretation misinterpretation, or misapplication of any provision of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter providedAgreement.
B. The grievant may invoke the formal grievance procedure on the a form set forth in annexed Schedule C, signed by the grievant and a representative of the Association, which form shall be available for from the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one (1) school building, it may be filed with the superintendent Executive Director of Human Resources and Labor Relations (HR-LR).
1. It shall be the responsibility of the grievant to reduce any grievance to writing on the regular grievance form provided by the Association within ten (10) work days of the alleged grievance and submit it to the Executive Director of Human Resources and Labor Relations (HR-LR) within twenty (20) work days of the alleged grievance.
2. The time elements in the steps may be shortened, extended, or waived upon written mutual agreement between the parties. The parties recognize that a representative designated written record, i.e. email is the preferred manner to track due dates and any variance. Furthermore, it provides a repository for comments by himeither party as to relevant activities.
C. Within five (5) school work days of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his his/her disposition of the grievance in writing within five (5) school work days of such meeting, meeting and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, grievance or if no disposition has been made within five (5) school work days of such meeting or ten (10) school work days from the date of filing, whichever shall be later, filing and receipt of the grievance the grievance shall be transmitted submitted to the SuperintendentExecutive Director of Human Resources and Labor Relations (HR-LR). Within five ten (510) school days work days, the superintendent or his designee Executive Director of Human Resources and Labor Relations (HR-LR) shall meet with the Association on the grievance and grievance, shall indicate his his/her disposition of the grievance in writing within five (5) school work days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designeeExecutive Director of Human Resources and Labor Relations (HR-LR), or if no disposition has been made within five (5) school work days of such meeting or ten (10) school work days from the date of filing, whichever shall be laterfiling and receipt of the grievance, the grievance shall be submitted to mediation. Only grievances scheduled for mediation will be heard at the Board within ten (10) working days by filing a written copy thereof mediation session. However, if time permits after discussion of all current pending grievances, the District may entertain issues that have not yet been resolved at previous informal meetings.
F. If the Association is not satisfied with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition mediation disposition of the grievance in writing by or if no disposition has been made within the Board shall period above provided, the grievance may be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished submitted to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office before an impartial arbitrator within thirty (30) working days following of the Association's receipt of the Boardmediator's written dispositiondisposition of the grievance or if there is no decision by the mediator. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form parties cannot agree as to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established hereinarbitrator, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator he/she shall be selected from a panel submitted by the American Arbitration Association pursuant in accord with its rules which shall likewise govern the arbitration proceeding. (The Board and the Association shall not be permitted to their rules assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party.) The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
G. The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to himparties.
H. The time limits provided in this article Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 (fifteenth) of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an any individual teacher employee has a personal complaint which he he/she desires to discuss with a supervisor, he he/she is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the this Agreement. In the administration of the grievance procedure, the interests of the teachers employees shall be the sole responsibility of the Association.
J. Filing time ▇. The dismissal of a probationary teacher is not subject to arbitration in the grievance procedure nor is the discharge of a probationary employee subject to the just cause standard.
K. Any matter or area for which the Tenure Act prescribes a remedy or any matter or area that the Tenure Act allows an appeal upon, shall not be subject to the grievance procedure (including, but not limited to, the discharge of a tenured teacher).
L. It shall be the function of the arbitrator, and he/she shall only be empowered to make a decision in cases of alleged violation is of the specific Articles and Sections of this Agreement. The arbitrator’s powers shall be limited by the following:
1. The arbitrator shall have no power to establish salary scales.
2. The arbitrator shall be limited to twenty (20) teaching days deciding whether the employer has violated the express terms of this Agreement.
3. In rendering decisions, the arbitrator shall give due consideration to the responsibility of management and the Association, and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement.
4. In the event that a case is appealed to the arbitrator, on which the arbitrator has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits.
5. The arbitrator shall not have jurisdiction to subtract from or modify any of the date terms of an alleged incidentthis Agreement, or any written amendments hereof, or to specify the terms of a new Agreement, or to substitute his/her discretion for that of the parties hereto.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher Teacher or the Association that there has been a violation, misinterpretation misinterpretation, or misapplication of any provision of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided. When one employee shares the Principal/Superintendent role, the Principal step will be by-passed and go directly to the Superintendent – Step 3.
B. The grievant may invoke Step 1. If a Teacher/Association believes there is a basis for a grievance, they shall first discuss the formal alleged grievance procedure on with the form set forth in annexed Schedule C, signed by the grievant and a representative Principal within ten (10) business days of the Association, which form shall be available for the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisoralleged grievance. If the grievance involves more than one school building, it may be filed with two parties cannot find a resolution in that meeting the superintendent teacher or a representative designated by himassociation moves to step 2.
C. Step 2. Within five six (56) school working days of receipt of failing to find a resolution in the grievanceprevious grievance step, the principal or supervisor Association shall complete the grievance forms in the CBA and meet with the Association in an effort Principal to resolve the grievance. The principal or supervisor Principal shall indicate his their disposition of the grievance in writing and furnish a written reply to the Association within five six (56) school business days of such the Principal meeting, and shall furnish a copy thereof to the Association.
D. If Step 3. Within six (6) working days of failing to find a resolution in previous grievance step, the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on Superintendent to resolve the grievance and grievance. The Superintendent shall indicate his their disposition of the grievance in writing and furnish a written reply to the Association within five eight (5) school 8) business days of such the Superintendent meeting, and shall furnish a copy thereof to the Association.
E. Step 4. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his his/her designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted transmitted to the Board within ten eight (10) 8) working days of having received the disposition from the Superintendent or his/her designee. If no disposition has been received within the (8) working days of the Superintendent having received the grievance, the grievance shall be transmitted to the Board by filing a written copy thereof with the Secretary or other designee of the Board.
Step 5. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) working days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Step 6. If the Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form not satisfied with the American Arbitration Association and delivering a copy Board’s disposition of this Form the grievance, or if no disposition has been made within the period above provided, the grievance may be submitted to the Employer through the Superintendent's Office arbitration before an impartial arbitrator. Request for arbitration must be made within thirty seventeen (3017) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form hearing with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office Board.
B. The following matters may not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration:
1. If Any matter covered by the Association does Michigan Teachers’ Tenure Act;
2. Termination of services of or failure to re-employ any probationary teacher;
3. Termination of services of or failure to re-employ any teacher to a position on the extracurricular schedule;
4. Any matter being processed in another forum;
5. Any matter that is a prohibited or illegal bargaining subject.
6. Any claim not request arbitration previously raised in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules process.
C. The fees and expenses powers of the arbitrator and all hearing location costs are subject to the following limitations:
1. He/she shall be shared equally have no power to add to, subtract from, disregard alter or modify any of the terms of this Agreement.
2. He/she shall have no power to change any practice, policy or rule of the District nor to substitute his/her judgment for that of the District as to the reasonableness of any such practice, policy, rule or any action taken by the Association and the EmployerDistrict. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers His/her power shall be limited to deciding whether the application and interpretation District has violated the express articles or sections of this Agreement as writtenAgreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the District.
3. The arbitrator shall at all times be governed wholly by the terms of this Agreement and He/she shall have no power to interpret state or authority to amendfederal law.
4. He/she shall not hear any grievance previously barred from the scope of the scope of the grievance procedure.
5. He/she shall not issue a decision on the merits of a prohibited or illegal bargaining subject.
6. The arbitrator’s decision shall conform with the Michigan Uniform Arbitration Act, alter or modify this Agreement either directly or indirectly, or to rule upon a specific MCL 691.1681 et seq. More than one (1) grievance considered settled. In addition, the following may not be considered by the arbitrator:
1arbitrator at the same time except upon the express written mutual consent of the parties and then only if the grievances are of a similar nature. The termination cost of service the arbitrator shall be borne equally by the parties, except each party shall assume its own cost for representation including any expense of or failure to reemploy any probationary teacherwitnesses.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before D. If either party disputes the Michigan Teacher Tenure Commission. If arbitrability of any grievance under the issue terms of arbitrability is raisedthis Agreement, the arbitrator shall not determine have no jurisdiction to render a decision on the merits until he/she has first made a ruling on the issue of arbitrability. By stipulation of the parties, the arbitrator shall have the authority to concurrently hear both the jurisdictional issues and the merits of any grievance unless arbitrability has been affirmatively decidedthe dispute in the same proceeding. The arbitrator's decision Should the arbitrator determine that he/she is without jurisdiction to rule, the matter shall be final and binding upon dismissed without decision on the Association, merits. Submission of jurisdictional issues to the Employer and employees arbitrator shall not be regarded as a waiver by either party of its right to institute civil litigation contesting either the authority of the arbitrator or any award allegedly rendered in excess of such authority.
E. All claims for back wages shall be limited to the bargaining unit; provided, however, amount of wages that each party the employee would otherwise have earned or could have reasonably earned less any compensation that he/she may have its legal remedies if received from any source during the arbitrator exceeds period of back pay. No decision in any one case shall require a retroactive wage adjustment in any other case.
F. All preparation, filing, presentation, or consideration of grievances shall be held at times other than when a bargaining unit employee or participating Association representative is to be at his/her assigned duty station, except as otherwise mutually agreed to the jurisdiction provided in this Agreementcontrary between the District and Association.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The These time limits provided in this article shall be strictly observed adhered to but may be extended by written mutual agreement of the parties, confirmed in writing.
H. Notwithstanding the expiration of this Agreement, any claim or grievance arising during the term of this Agreement (as defined in the duration clause) may be processed through the grievance procedure until resolution. In It is understood by the event a parties that no grievance is shall be filed or based upon any prior or previous agreement or upon an alleged grievance occurring before the effective date of this Agreement. Further, grievances filed after May 15 the expiration of any year and strict adherence to the time limits may result this Agreement shall not be processed under these grievance procedures unless otherwise specifically agreed in hardship to any party, writing by both the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possibleand Association.
I. If an individual teacher has a personal complaint complaints which he he/she desires to discuss with a supervisor, he is free to the teacher may do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the this Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited ▇. Both parties agree to twenty (20) teaching days from be bound by the date award of an alleged incidentthe arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation misinterpretation, or misapplication of any provision of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter providedgrievance.
B. In the event that a teacher believes there is a basis for a grievance, the teacher shall first discuss the alleged grievance with his/her building principal either personally or accompanied by his/her Association representative. The grievant grievance must be filed within ten (10) work days of the violation, misinterpretation or misapplication, or within ten (10) work days of the discovery thereof.
C. If, as a result of the informal discussion with the building principal, a grievance still exists, the teacher may invoke the formal grievance procedure on the form set forth in annexed Schedule C, signed by the grievant and a representative of the Association, which form shall be available for through the Association representative in each buildingon a grievance form. A copy of the grievance form shall be delivered to the principal or supervisorprincipal. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by him/her.
C. D. Within five (5) school work days of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his his/her disposition of the grievance in writing within five (5) school work days of such meeting, meeting and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance or if no disposition has been made within five (5) work days of such meeting (or ten (10) work days from the date of filing, whichever shall be later), the grievance shall be transmitted to the superintendent. Within ten (10) work days, the superintendent or his/her designee shall meet with the Association on the grievance and shall indicate his/her disposition of the grievance in writing within five (5) work days of such meeting and shall furnish a copy to the Association.
F. If the Association is not satisfied with the disposition of the grievance by the Superintendent superintendent or his designee, or if no disposition has been made within five (5) school work days of such meeting (or ten (10) school work days from the date of filing, whichever shall be later), the grievance shall be submitted transmitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing meet with the Association on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven ten (710) days thereafter. A work days, and a copy of such disposition shall be furnished to the Association.
F. The G. If the Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form not satisfied with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt disposition of the Board's written disposition. If grievance by the Board fails to answer a grievance or if no disposition has been made within the time limits set forth in Paragraph Eperiod above provided, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitrationarbitration before an impartial arbitrator. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the The arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant in accord with its rules which shall likewise govern the arbitration proceeding. The arbitration shall have no power to their rules alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
H. The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacherparties.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. I. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to of any party, the Board superintendent shall use its his best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor. Work days are defined as school days during the school year and Monday through Friday, he is free to do so without recourse to except holidays during the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Associationsummer.
J. Filing time for Notwithstanding the expiration of this Agreement, any claim or grievance arising hereunder may be processed through the grievance procedure until resolution.
▇. ▇▇▇▇ leave shall be provided to any employee of the district who is called to testify at an alleged violation arbitration hearing.
L. In the event that a grievance is limited filed by a bargaining unit member of the Association that is of such a nature that expediency in resolution is imperative or the grievance is of such a nature that a resolution could not be achieved by following the normal procedures, the parties may, by mutual consent, send the grievance directly to twenty (20) teaching days from the date of an alleged incidentbinding arbitration.
Appears in 1 contract
Sources: Master Contract
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association Union that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided.
B. The grievant In the event that a teacher believes there is a basis for a grievance, he shall first discuss the alleged grievance with his building Administrator either personally or accompanied by a representative of the Union.
C. If, as a result of the informal discussion with the building administrator, a grievance still exists, he may invoke the formal grievance procedure on through the form set forth Union. The grievance shall be submitted within ten (10) working days from the time that the teacher or Union is aware or should have been aware of the incident over which the teacher or the Union is aggrieved, in annexed Schedule Cwriting, to the Administrator. The written grievance shall be signed by the grievant and a representative aggrieved teacher, if any. Awareness shall not be construed to mean knowledge of the Associationgrievability of the incident, which form and shall be limited to knowledge that the incident has actually occurred. Forms shall be available for from the local Association representative Representative in each building. A copy Two copies of the grievance form shall be delivered to the principal or supervisorbuilding administrator. If the grievance involves more than one school building, it may be filed with the superintendent Superintendent or a representative designated by him.
C. D. Within five (5) school working days of receipt of the grievance, the principal or supervisor administrator shall meet with the Association Union in an effort to resolve the grievance. The principal or supervisor administrator shall indicate his disposition of the grievance in writing within five (5) school working days of such meeting, and shall furnish a copy thereof to the AssociationUnion.
D. E. If the Association Union is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school working days of such meeting (or ten (10) school working days from the date of filing, whichever shall be later, ) the grievance shall be transmitted to the Superintendent. Within five seven (57) school days working days, the superintendent Superintendent or his designee shall meet with the Association Union on the grievance and shall indicate his disposition of the grievance in writing within five (5) school working days of such meeting, and shall furnish a copy thereof to the AssociationUnion.
E. F. If the Association Union is not satisfied with the disposition of the grievance by the Superintendent or his designeeSuperintendent, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be laterperiod above provided, the grievance may be submitted to arbitration before an impartial arbitrator. Notice of intent to arbitrate shall be submitted given to the Board within ten sixty (1060) working days by filing a written copy thereof with the Secretary or other designee of the Boarddays. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever Arbitration shall be later, shall hold a hearing on conducted under the grievance, jurisdiction and give such other consideration as it shall deem appropriate. Disposition rules of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association Association. The Board and delivering a copy the Union shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to or subtract from the terms of this Form Agreement. Both parties agree to be bound by the Employer through the Superintendent's Office within thirty (30) working days following the receipt award of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth arbitrator and agree that judgment thereon may be entered in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy any court of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules competent jurisdiction.
G. The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:parties.
1. The termination of service of or failure to reemploy H. If any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. I. The time limits provided in this article Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board Superintendent shall use its his best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisorJ. Notwithstanding the expiration of this Agreement, he is free to do so without recourse to any claim or grievance arising there under may be processed through the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Associationprocedure until resolution.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Collective Bargaining Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation misrepresentation or misapplication of any provision of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided; however, a probationary teacher may not grieve a dismissal beyond the Board level.
B. The grievant may shall invoke the formal grievance procedure on the form set forth in annexed Schedule C, signed by the grievant and a representative of the Association, which form shall be available for the Association representative in each building. A copy of the The completed grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by him. The grievance shall be filed with the grievant’s building principal or supervisor within twenty (20) calendar days after the employee knew or should have known of the occurrence or non occurrence upon which the grievance is based, and shall in any event be filed within thirty (30) calendar days of such occurrence or non occurrence. In the event such principal or supervisor is not available, the written grievance may be filed with the superintendent, within such time period, for forwarding to the principal or supervisor.
C. Within five three (53) school days of receipt of the grievance, the principal or supervisor (or their designee) shall meet with the Association in an effort to resolve the grievance. The principal or supervisor (or designee) shall indicate his their disposition of the grievance in writing within five three (53) school days of such meeting, meeting and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, grievance [or if no disposition has been made within five three (53) school days of such meeting meeting, or ten six (106) school days from the date of filing, whichever shall be later, ] the grievance shall shall, within five (5) school days following such disposition (or following the indicated number of days if there has been no disposition), be transmitted to the Superintendentsuperintendent. Within five (5) school days of receipt of the appeal the superintendent (or his designee designee) shall meet with the Association on the grievance and shall indicate his their disposition of the grievance in writing within five three (53) school days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent (or his designee), or if no disposition has been made within five three (53) school days of such meeting (or ten eight (10) 8) school days from the date of filingfiling with the Superintendent, whichever shall be later), the grievance shall be submitted transmitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall may hold a hearing on the grievance, and review such grievance in executive session, or give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) school days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association 1. If the Board of Education, the aggrieved teacher and the teacher organization shall be unable to resolve any grievance, and it shall involve an alleged violation of a specific article and section of this Agreement, it may request arbitration within ten (10) school days after the decision of any unresolved grievance which is arbitrable the Board of Education, inform the Board of its intent to appeal to arbitration. Such appeal shall be in writing within twenty (20) school days of the decision by filing the Arbitration Request Form with Board and shall be delivered to the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance of Education within the time limits set forth in Paragraph Esaid twenty (20) school day period, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office if not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established hereinso delivered, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commissionabandoned. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The parties are unable to agree upon an arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, appointed under the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement rules of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the American Arbitration Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any rule, order or regulation of by the Board may be processed as a grievance as hereinafter provided. A grievant believing him wronged by an alleged violation of the express provisions of this contract (or written board policy) shall within twenty (20) days of its alleged occurrence orally discuss the grievance with the building principal in an attempt to resolve same in the presence of an association representative. If no resolution is obtained within three (3) days of the discussion, the teacher shall reduce the grievance to writing and proceed to liB" within five (5) days of said discussion.
B. The grievant may invoke the formal grievance procedure on the form set forth in annexed Schedule CD, signed by the grievant and a representative of the Association, which form shall be available for the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by himsupervIsor.
C. Within five three (53) school days of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his disposition of the grievance in writing within five (5) school three days of such meeting, and shall furnish a copy thereof to the Association.
D. . D If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) three school days of such meeting (or ten (10) six school days from the date of filing, whichever shall be later, ) the grievance shall be transmitted to the Superintendentsuperintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and shall indicate his disposition of the grievance in writing within five (5) three school days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Collective Bargaining Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any rule, order or regulation of the Board which allegedly violates a term of this agreement, may be processed as a grievance as hereinafter provided. Matters relating to prohibited bargaining subjects are not grievable.
B. The grievant In the event that a teacher believes there is a basis for a grievance, he shall first discuss the alleged grievance with his building Principal, either personally, or accompanied by his Association Representative.
C. If, as a result of the informal discussion with the Building Principal, a grievance still exists, he may invoke the formal grievance procedure through the Association on the form set forth in annexed Schedule CAppendix D, signed by the grievant and a representative of the Association, which form shall be available for from the Association representative Representative in each building. A copy of the grievance form shall be delivered to the principal or supervisorPrincipal. If the grievance involves more than one school (1) building, it may be filed with the superintendent Superintendent, or a representative designated by him.
C. Within D. The grievance must be filed within five (5) school days of receipt of the grievance, the alleged violation. The principal or supervisor shall then meet with the Association in an effort to resolve relieve the grievance. The principal or supervisor Principal shall indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting, the grievance shall be transmitted to the Superintendent. Within five (5) school days, the Superintendent or his designee shall meet with the Association on the grievance and shall indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
F. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be latermeeting, the grievance shall be submitted transmitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing meet with the association on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance grievance, in writing by the Board Board, shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.seven
Appears in 1 contract
Sources: Master Contract
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim grievance shall be defined as an alleged violation, misinterpretation, or inequitable application of a specific provision of this agreement. A grievance may not be processed if the same issue is being litigated by the grievant or on behalf of the grievant by a member of the unit or by the Association. The following issues are not subject the grievance procedure:
1. Any matter for which a statute provides an administrative procedure to seek redress (i.e. MERC, EEOC, etc.).
2. The discipline or removal of a teacher from a position covered by Appendix B-1.
B. In the event that a teacher believes there is a basis for a grievance, he shall first discuss the alleged grievance with his building principal either personally or accompanied by his Association representative. The grievance must be filed within fifteen (15) calendar days of the Association that there has been a violation, misinterpretation or misapplication of any provision of this Agreement misapplication, or any rule, order or regulation within fifteen (15) calendar days of the Board may be processed discovery thereof.
C. If, as a result of the informal discussion with the building principal, a grievance as hereinafter provided.
B. The grievant still exists, he may invoke the formal grievance procedure through the Association on the a form substantially in accordance with that set forth in annexed Schedule C, signed by the grievant and a representative of the Association, Appendix D which form shall be available for from the Association representative Representative in each building. A copy of the grievance form shall be delivered to the principal or supervisorprincipal. If the grievance involves more than one school building, it may be filed with the superintendent Superintendent or a representative designated by him.
C. D. Within five (5) school calendar days of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school calendar days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designeegrievance, or if no disposition has been made within five (5) school calendar days of such meeting (or ten (10) school calendar days from the date of filing, whichever shall be later), the grievance shall be submitted transmitted to the Board within ten Superintendent. Within seven (107) working calendar days by filing a written copy thereof the Superintendent or his designee shall meet with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing Association on the grievance, grievance and give such other consideration as it shall deem appropriate. Disposition indicate his disposition of the grievance in writing by the Board shall be made no later than seven within five (75) calendar days thereafter. A copy of such disposition meeting, and shall be furnished furnish a copy thereof to the Association.
F. The If the Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form not satisfied with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt disposition of the Board's written dispositiongrievance by the Superintendent or if no disposition has been made during the above period, the grievance may be submitted to arbitration before an impartial arbitrator. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form parties cannot agree as to the Employer through arbitrator within five (5) calendar days from the Superintendent's Office not later than thirty (30) working days following the notification date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request that arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitrationpursued, the arbitrator he/she shall be selected from a panel submitted by the American Arbitration Association pursuant in accordance with its rules which shall likewise govern the arbitration proceeding. The arbitrator shall have no power to their rules alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
G. The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to himparties.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 15th of any year and strict adherence to the time limits may result in hardship to on any party, the Board shall use its best efforts to process such the grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has Not withstanding the expiration of this Agreement, any claim or grievance arising during the term of this agreement may be processed through the grievance procedure until resolution.
J. In cases where the time required to process a personal complaint which he desires to discuss with grievance through the normal grievance procedure will cause a supervisor, he is free to do so without recourse disadvantage to the grievant(s), the grievance procedure. However, no grievance shall may be adjusted without prior notification appealed directly to the Association Superintendent. This procedure will be exercised in extreme cases of emergency, and opportunity for an Association representative will not become a vehicle to be present, nor shall any adjustment circumvent the position of the building Principal.
K. Any party affected by a grievance may be inconsistent with the terms of the Agreement. In the administration represented at all meetings and hearings of the grievance procedure, procedure by the interests Association. The Association shall have the right to be present and to state its views at all grievance proceedings. This same privilege shall be granted to members of the teachers shall be the sole responsibility administrative staff and to members of the AssociationBoard of Education, or its designee.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Collective Bargaining Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher any teacher, group of teachers or the Association Association, believing that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or of any existing rule, order order, policy or regulation of the Board Board, or any specific directive or guideline from any Eau Claire administrator as to wages, hours or terms or conditions of employment, may be processed as a grievance as at the discretion of said teacher, group of teachers or the Association through the steps of the Grievance Procedure hereinafter providedset forth.
B. A claim by any teacher, group of teachers or the Association believing that there has been a violation, misinterpretation or misapplication of any provision of law— State or Federal—including but not limited to the Michigan School Code, the Michigan Public Employees Relations Act and the Federal Equal Employment Opportunity Act; or of any other provision of law, including court decisions and/or arbitration rulings, may be processed at the discretion of said teacher, group of teachers or the Association through Step 4 of the grievance procedure.
Step 1. In the event a teacher believes there is a basis for a grievance, he/she shall first discuss the alleged grievance with his/her building principal within two (2) working days after the occurrence of the event upon which it is based. The grievant may invoke teacher shall be entitled to have an Association representative present during such discussion. In the formal event the teacher chooses to have an Association representative present, the principal shall be entitled to have present a member of the administrative staff.
Step 2. If, as a result of the informal discussion with the building principal, a grievance procedure on still exists, the form set forth in annexed Schedule Cgrievance must be reduced to writing—stating the facts upon which it is based and when they occurred, specifying the section of the Agreement which allegedly has been violated, signed by the grievant and a representative of the Association, which form shall be available for aggrieved teacher or teachers or by the Association representative in each building. A copy of the grievance form shall be delivered representative, and presented to the building principal or supervisor. If the grievance involves more than one school building, it may be filed concerned with the superintendent or a representative designated by him.
C. Within five problem within three (53) school working days of receipt of after the grievance, the principal or supervisor shall meet with the Association in an effort oral conference referred to resolve the grievanceabove. The building principal or supervisor shall indicate his disposition of give the grievance in writing aggrieved teacher a written answer within five (5) school working days after receipt of such meetingthe written grievance, and shall furnish give a copy thereof to the chairman of the Association’s grievance committee and a copy to the Superintendent of Schools.
D. Step 3. If the Association is not satisfied aggrieved teacher decides to appeal the decision of the principal, either he/she or the chairperson of the Association’s grievance committee shall notify the Superintendent, in writing, within three (3) working days after receipt of the principal’s answer, of this intent to appeal. The Superintendent shall meet with the disposition of teacher and the grievance, or if no disposition has been made Association representative within five (5) school working days after receipt by the Superintendent of such meeting or ten the written notice of appeal. The Superintendent shall prepare the written Second Step answer and give one (101) school days from the date of filing, whichever shall be later, the grievance shall be transmitted copy thereof to the Superintendent. Within five aggrieved teacher and one (51) school days copy to the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition chairperson of the Association’s grievance in writing committee within five (5) school working days of after such meeting, and shall furnish a copy thereof to the Association.
E. If Step 4. In the Association event the grievance is not satisfied with the disposition of the grievance resolved by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be laterThird Step, the grievance shall matter may be submitted appealed to the Board provided a written notice of such appeal by the aggrieved teacher or Association’s Representative is presented to the Superintendent within ten (10) working days by filing a written copy thereof after receipt of the Third Step answer. If such appeal is taken, the Board of Education shall meet with the Secretary or other designee Teacher and Association’s Representative to attempt to resolve the grievance within ten (10) working days after receipt of the Board. The Board, no later than its notice of appeal to this Step or next regular meeting or two (2) calendar weeksregularly scheduled Board Meeting, whichever shall be occurs later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such the Board’s disposition of the grievance shall be furnished given to the AssociationAssociation and to the teacher involved within five (5) working days after such meeting.
F. The Step 5. If any grievance is not settled under Step 4 hereof, the Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days after receiving the fourth step answer or following the receipt deadline for the answer if no answer has been issued by the Board of Education within the Board's written dispositionspecified time period, notify the other party and the Federal Mediation and Conciliation Service Office of Arbitration Services (“FMCS-OAS”) of its desire to submit the grievance to arbitration and obtain a panel of seven (7) arbitrators. If the Board fails grievance has not been submitted to answer a grievance arbitration within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established hereincalendar days, the grievance it shall be considered settled on withdrawn. Either party shall have the basis option of requesting a second and final panel of arbitrators from FMCS-OAS. The FMCS-OAS panels shall consist of arbitrators from the Employer's last dispositionMid-West. If a grievance is to be submitted to arbitration, the The arbitrator shall be selected from said panel or panels by an alternate striking of names. The parties will alternate from one grievance to the next on the choice of striking a panel name first or second, with the Board having the choice on the first grievance submitted by for arbitration. The parties shall thereafter alternate in the American Arbitration Association pursuant to their rules The fees and expenses striking of the arbitrator remaining names until a single name remains on the list, and all hearing location costs that remaining name shall be shared equally by designated the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms have no power to add to, subtract from, change or modify any provisions of this Agreement but shall be limited solely to the interpretation and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a application of the specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. provisions contained herein The termination decision of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, parties. Each party shall bear its own expenses in connection with the Employer and employees in the bargaining unit; providedarbitration, however, that each party may have its legal remedies if the expenses and fees of the arbitrator exceeds the jurisdiction provided in this Agreementshall be borne equally by both parties.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. D. The time limits provided in this article shall be strictly observed but at any Step of the grievance procedure may be extended by written agreement of the partiesmutual agreement. In the event a grievance is filed after May 15 of any year and strict adherence not appealed from one Step to the next within the time limits may result in hardship to any partyspecified, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification deemed to have been settled on the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms basis of the Agreementlast answer thereto. In the administration event a grievance is not answered at any Step of the grievance procedure within the specified time limit, the grievance may, at the discretion of the Association, be advanced to the next step.
E. If a grievance involves a group or class of teachers under more than one (1) administrator or supervisor, it shall be initiated at the Second Step of the grievance procedure.
F. All documents, communications, and records dealing with the interests processing of a grievance will be filed separately from the personnel files of the teachers participants.
G. A teacher engaged during the school day in negotiating in behalf of the Association with any representatives of the Board or participating in any professional grievance negotiation including arbitration shall be released from regular duties without loss of salary. Such release from regular duties shall apply to such negotiations scheduled or requested by the sole responsibility of Board during the Associationschool day.
J. Filing time H. The form for an alleged violation filing a grievance is limited the Grievance Report. Refer to twenty (20) teaching days from GRIEVANCE REPORT located in the date Addenda of an alleged incidentthis Agreement.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher an Office Personnel or the Association that there has been a violation, misinterpretation misinterpretation, or misapplication of any provision of this Agreement or and/or any rule, order order, or regulation of the Board which would be in conflict with this Agreement may be processed as a grievance as hereinafter providedprovided within twenty calendar days of the alleged violation, misinterpretation, or misapplication.
B. The grievant In the event that a Bargaining Unit Member believes there is a basis for a grievance, he/she shall first discuss the alleged grievance with his/her building principal or appropriate supervisor, either personally or, if a member, accompanied by his/her Association representative.
C. If as a result of the informal discussion with the building principal or appropriate supervisor a grievance still exists, he/she may invoke the formal grievance procedure on the form set forth in annexed Schedule C, signed by the grievant and a representative of the Association, which form shall be available for from an Association representative. Any Non-Member may get a copy of the Association representative in each buildingform from the Personnel Administrator and sign that form. A copy of the grievance form shall be delivered to the principal or supervisorappropriate supervisor within five school days after the day of the informal discussion with the principal. If the grievance involves more than one school building, it may be filed with the superintendent Personnel Administrator or a representative designated by him/her.
C. D. Within five (5) school days of receipt of the grievance, grievance the principal or supervisor shall meet with the Association grievant and the Association's grievance committee, if applicable, in an effort to resolve the grievance. The principal or supervisor shall indicate his his/her disposition of the grievance in writing by endorsement within five (5) school days of such meeting, meeting and shall furnish a copy thereof return the grievance forms to the Association.'s grievance committee or the non-member as applicable
D. E. If the Association or non-member is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting (or ten (10) school days from the date of filing, whichever shall be later), the grievance shall be transmitted to the SuperintendentPersonnel Administrator. Within five (5) school days days, the superintendent Personnel Administrator or his his/her designee shall meet with the Association or non-member on the grievance grievance, and shall indicate his his/her disposition of the grievance in writing within five (5) school days of such meeting, meeting and shall furnish a copy thereof to the AssociationAssociation or non-member is applicable.
E. F. If the Association or non-member is not satisfied with the disposition of the grievance by the Superintendent Personnel Administrator or his his/her designee, or if no disposition has been made within five (5) school days of such meeting (or ten (10) school days from the date of filing, whichever shall be later), the grievance shall be submitted transmitted to the Board within ten (10) working nine school days or eighteen days from the expiration of the above dates, whichever is later, by filing a written copy thereof with the Secretary Board secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall may hold a hearing on the grievance, and review such grievance in executive session, or give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) calendar days thereafter. A copy of such disposition shall be furnished to the AssociationAssociation or non- member.
F. The G. If the Association may request arbitration of any unresolved grievance which or non-member is arbitrable by filing the Arbitration Request Form not satisfied with the American Arbitration Association and delivering a copy disposition of this Form the grievance by the Board, or if no disposition has been made within the period above provided, the grievance may be submitted to the Employer through the Superintendent's Office arbitration before an impartial arbitrator, provided that such submission is made within thirty (30) working calendar days following from the receipt of the Board's written dispositionBoard decision or expiration of the seven-day period. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office both parties cannot later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled agree on the basis selection of the Employer's last disposition. If a grievance is to be submitted to arbitrationan arbitrator, the arbitrator shall be selected from a panel submitted list supplied by the American Arbitration Association pursuant and shall conduct the hearing in accord with its rules, which shall likewise govern the arbitration proceeding. The Board and the Association or non-member shall not be permitted to their rules assert in such arbitration proceeding any ground or to reply on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. The arbitrator shall not substitute his/her judgment for that of the Board as to the reasonableness or necessity of any policy or rule in violation of any specific term or provision of this Agreement. The arbitrator shall not rule with regard to the application of applicable general school laws, state statutes, federal statutes, constitutional rights, etc.
H. The fees and expenses of the arbitrator and all hearing location costs arbitration shall be shared equally borne by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may parties whose case does not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacherprevail.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. I. The time limits provided in this article Article shall be strictly observed observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. ▇. If an individual teacher Bargaining Unit Member has a personal complaint complaint, which he she desires to discuss with a her immediate supervisor, he she is free to do so without recourse to the grievance procedure. Nothing contained herein shall be construed to prevent any individual Association member from presenting a grievance and having the grievance adjusted without intervention of the Association if the adjustment is not inconsistent with the terms of this Contract, provided that the Association has been given opportunity to be present at such adjustment. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the this Agreement. In the administration of the grievance procedure, the interests interest of the teachers Bargaining Unit Member shall be the sole responsibility of the Association.
J. Filing time K. If arbitration results in any award of back wages or benefits, such award shall have deducted from it all benefits such as employment compensation, worker's compensation, or any other earnings or compensation received from any source whatsoever during the period for which back wages or benefits are claimed.
L. No award of back wages or benefits shall require retroactive adjustment to any person other than the grievant unless the Association files for a grievant on behalf of an alleged violation is affected group. All employees who possess adverse claims shall submit their respective claims in one grievance/arbitration proceeding, except as noted above, or their claims shall be deemed waived.
M. Any award implicating pecuniary interests shall be limited to twenty (20) teaching days from the date an award of an alleged incidentback wages and restoration of service levels if applicable.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher teacher, the Association, or the Association Board of Education that there has been a violation, misinterpretation or misapplication violation of any provision the express terms of this Agreement or any rule, order or regulation of the Board agreement may be processed as a grievance as hereinafter provided.
B. The . In the event that a teacher believes there is a basis for a grievance, he shall first discuss the alleged grievance with his building principal either personally or accompanied by his Association representative. In the event that the Board believes there is a basis for a grievance, the same procedure shall be followed as stated below substituting the words "building representative" for "building principals," "GEA president" for "superintendent" and "Association" for "Board". If, as a result of the informal discussion with the building principal, a grievance still exists, the grievant may invoke the formal grievance procedure on the form set forth in annexed Schedule C, signed by the grievant and a representative of also signed by the Association, which form Association if the Association is requested by the grievant to participate in the grievance procedure and if the Association agrees to participate. Grievance forms shall be available for from the Association representative in each buildingbuilding representative. A copy of the grievance form shall be delivered to the principal or supervisorprincipal. If the grievance involves more than one (1) school building, it may be filed with the superintendent superintendent, or a representative designated by him.
C. . This first step shall be completed within fifteen (15) working days of the teacher's knowledge of the incident causing the grievance. Within five ten (510) school calendar days of receipt of the grievance, the principal or supervisor shall meet with the grievant or the grievant and the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his disposition of the grievance in writing within five ten (510) school calendar days of such meeting, meeting and shall furnish a copy thereof to the Association.
D. . If the Association is not satisfied with the disposition of the grievance, grievance or if no disposition has been made within five ten (510) school calendar days of such meeting (or ten (10) school calendar days from the date of filing, whichever shall be later), the grievance shall be transmitted to the Superintendentsuperintendent within ten (10) days of the date that the disposition of the grievance is rendered by the principal. Within five ten (510) school days calendar days, the superintendent or his designee shall meet with the Association on the grievance and shall indicate his disposition of the grievance in writing within five ten (510) school calendar days of such meeting, meeting and shall furnish a copy thereof to the Association.
E. . If the Association is not satisfied with the disposition of the grievance by the Superintendent superintendent or his designee, designee or if no disposition has been made within five ten (510) school calendar days of such meeting (or ten (10) school calendar days from the date of filing, whichever shall be later, ) the grievance shall be submitted transmitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary secretary or other designee of the BoardBoard within ten (10) days of the date that the disposition of the grievance is rendered by the superintendent. The Board, no later than its next regular meeting or two (2) calendar weeks, weeks whichever shall be later, shall hold a hearing meet with the Association on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall should be made no later than seven ten (710) calendar days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration . Within ten (10) calendar days after receiving the disposition from the Board or within ten (10) days of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt expiration of the Board's written time limit for rendering a decision, the grievance may be submitted to arbitration before an impartial arbitrator if the Association is not satisfied with the disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form parties cannot agree as to the Employer through arbitrator within ten (10) calendar days from the Superintendent's Office not later than thirty (30) working days following the notification date the Board's written disposition was due. The grievance may thereafter that arbitration will be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established hereinpursued, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator he shall be selected from a panel submitted by the American Arbitration Association pursuant in accord with its rules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to their rules assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to subtract from the terms of this agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
I. If a grievance is sustained by the arbitrator, the fees and expenses of the arbitrator and all hearing location costs shall be shared equally paid by the Association and Board. If the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may is not be considered sustained by the arbitrator:
1. The termination , such fees and expenses of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commissionarbitrator shall be paid by the Association. If the issue arbitrator decides in favor of arbitrability is raisedneither party, the arbitrator parties shall not determine equally share the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final fees and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lostexpenses. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor. Notwithstanding the expiration of this agreement, he is free to do so without recourse to any claim or grievance arising thereunder may be processed through the grievance procedureprocedure until resolution. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers It shall be the sole responsibility function of the Association.
J. Filing time for an arbitrator and he shall be empowered except as his powers are limited below, after due investigation, to make a decision in cases of alleged violation is limited of the specific articles and sections of this agreement. He shall have no power regarding the termination of tenure and non-tenure teachers or in any other cases that are covered by the Teacher Tenure Act. He shall have no power to twenty (20) teaching days from change any established practice, written policy or rule of the Board nor to substitute his judgment for that of the Board as to the reasonableness of any such established practice, written policy or rule taken by the Board as long as such established practice, written policy or rule are not in violation of this agreement. The Board shall not be required to pay back wages prior to the effective date of this agreement. Any grievance occurring during the period between the termination date of this agreement and the date of an alleged incidentsigning of the new agreement shall be processed on the basis of the prior agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
PROFESSIONAL GRIEVANCE PROCEDURE.
A. A claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any rule, order or regulation of by the Board may be processed as a grievance as hereinafter provided. A grievant believing him/her wronged by an alleged violation of the express provisions of this contract (or written board policy) shall within ten (10) school days of its alleged occurrence orally discuss the grievance with the building principal in an attempt to resolve same in the presence of an Association representative. If no resolution is obtained within ten (10) school days of the discussion, the teacher shall reduce the grievance to writing and proceed to "B" within five (5) school days of said discussion.
B. The grievant may invoke the formal grievance procedure on the form set forth in annexed Schedule CD, signed by the grievant and a representative of the Association, which form shall be available for the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by him.
C. Within five (5) school days of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his his/her disposition of the grievance in writing within five ten (510) school days of such meeting, and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five ten (510) school days of such meeting or grievance shall be transmitted to the superintendent. Within ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his his/her designee shall meet with the Association on the grievance and shall indicate his his/her disposition of the grievance in writing within five ten (510) school days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent superintendent or his his/her designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be latersuch meeting, the grievance shall be submitted transmitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall may hold a hearing on the grievance, and review such grievance in executive session, or give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board and the Association shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the AssociationAssociation and the Board.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. ▇. If an individual teacher has a personal complaint which he he/she desires to discuss with a supervisor, he he/she is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the this Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Collective Bargaining Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher Any teacher, group of teachers, or the Association believing that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any existing rule, order order, or regulation regulation, of the Board, or any other provision of law (except a statute specifically establishing a procedure for redress) relating to wages, hours, terms, or conditions of employment, may file a written grievance with the Board may or its designated representative. If a teacher does not file in writing with the principal or other designated Board representative within five (5) school days after the occurrence, then the grievance shall be processed considered as a grievance as hereinafter providedwaived.
B. The grievant may invoke the formal grievance procedure on the form set forth in annexed Schedule C, signed by the grievant and a representative of the Association, which form shall be available for the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by him.
C. Within five (5) school days of receipt of the grievance, the principal or supervisor designated representative of the Board shall meet with the Association or the individual in an effort to resolve the grievance. The Affected teachers may or may not be present at such meeting. If the meeting is with the school principal or supervisor shall indicate his disposition of and the parties cannot agree, the grievance in writing within shall be promptly transmitted, by the Association or teacher to the Superintendent who shall have five (5) school days thereafter to approve or disapprove it. If the grievance shall be denied by the Superintendent either upon review of such meetingthe action of the school principal, and or in the first instance, the grievance shall furnish a copy thereof immediately be transmitted, by the Association or teacher, to the AssociationSecretary of the Board, with a statement of reasons why it is being disapproved. Failure to answer at any level within the time period for answer moves the grievance automatically to the next level.
D. If C. At the Association is not satisfied with next regular meeting of the disposition Board, after receipt of the grievance, the Board shall pass upon the grievance. The Board may hold a hearing thereon, may designate one or if no disposition has been made within five (5) more of its members to hold a hearing or otherwise investigate the grievance, or prescribe such procedure as it may deem appropriate for consideration of the grievance.
D. For administrative convenience, the Board may cause complaints which may be the subject of grievances under this Article first to be presented to a department head, assistant principal, or other school days employee, for informal processing, in an effort to reduce the number of formal grievances handled under the professional grievance procedure herein established. The parties shall mutually work out procedures for such informal processing upon request, but exhaustion of such meeting or ten (10) school days from the date of filing, whichever informal procedures shall not be later, required as a condition precedent to invoking the grievance procedure, nor shall the participation of department heads, assistant principals, or other employees in such informal procedures be transmitted deemed to the Superintendent. Within five (5) school days the superintendent be a supervisory or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Associationexecutive function.
E. If the Association is The following matters shall not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of any grievance filed under the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of procedure outlined in this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:Article.
1. The termination of service of services or failure to reemploy re-employ any probationary teacher.
2. Any action involving a tenured teacherclaim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law, including but not limited any matter subject to dischargethe procedures specified in the Teachers Tenure Act (Act 4 of Public Acts, demotionExtra Session, layoff or failure to of 1937 of Michigan as amended).
3. Teachers’ evaluations (content).
4. Layoff, recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreementassignment or placement.
G. 5. Prohibited subject of bargaining.
F. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE.
A. A claim by a teacher teacher, or the Association Western Education Association, that there has been a violation, misinterpretation misinterpretation, or misapplication of any provision of this Agreement Agreement, or any rule, order order, policy, or regulation of the Board pertaining to a mandatory subject of bargaining, may be processed as a grievance as hereinafter provided. Grievances which do not involve alleged violations, misinterpretations or misapplications of a specific Article and Section of this Agreement may be processed through Board level but will not be arbitrable.
B. In the event that a teacher believes there is a basis for a grievance the teacher shall first discuss the alleged grievance with his/her building principal either personally or accompanied by his/her Western Education Association representative. The grievant meeting must be held within ten (10) school business days of the violation, misinterpretation or misapplication, or within ten (10) school business days of the event which caused knowledge of the alleged violation.
C. If, as a result of the informal discussion with the building principal, a grievance exists, the teacher may within ten (10) school business days of the informal discussion invoke the formal grievance procedure through the Western Education Association or on the their own, on a form substantially in accordance with that set forth in annexed Schedule C, signed by the grievant and a representative of the Association, Appendix C which form shall be available for from the Western Education Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisorprincipal. If the grievance involves more than one school building, it may be filed with the superintendent Superintendent or a representative designated by him/her.
C. D. Within five ten (510) school business days of receipt of the grievance, the principal or supervisor shall meet with the teacher and/or Western Education Association in an effort to resolve the grievance. The principal or supervisor shall indicate his his/her disposition of the grievance in writing within five ten (510) school business days of such meeting, and shall furnish a copy thereof to the AssociationWestern Education Association and to the grievant(s).
D. E. If the Western Education Association and/or teacher is not satisfied with the disposition of the grievance, or if no disposition has been made within five ten (510) school business days of such meeting (or ten (10) school business days from the date of filing, whichever shall be later), the grievance shall be transmitted to the Superintendent. Within five ten (510) school business days the superintendent or his designee Superintendent shall meet with the grievant and the Western Education Association on the grievance and shall indicate his his/her disposition of the grievance in writing within five ten (510) school business days of such meeting, and shall furnish a copy thereof to the Western Education Association, to the grievant, and the principal.
E. F. If the Association is not satisfied with the disposition settlement of the grievance by the Superintendent or his designeeis not attained in Step E, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be latertime limitations as stated, the grievance ▇▇▇▇▇▇▇ County Education Association shall be submitted notify the Board of Education by writing to the Secretary of the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.ten
Appears in 1 contract
Sources: Collective Bargaining Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or an employee of the Association Staff that there has been a violation, misinterpretation misinterpretation, or misapplication of any provision of this Agreement or misapplication of any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided.
B. The grievant may invoke term “days” as used herein shall mean days in which school is in session. During the formal summer school vacation months “days” shall mean Monday through Friday.
C. An employee believing there is a basis for a grievance procedure on shall as early as possible, but at least within fifteen days of its alleged occurrence, or of gaining knowledge of that occurrence, discuss the form set forth alleged grievance with the Superintendent either personally or accompanied by a Staff representative in annexed Schedule Can attempt to resolve the problem. Days when the Superintendent is not available in the building shall be added to the above number of days. If resolution is obtained within fifteen days of the initial discussion, signed by the employee shall reduce the grievance to a written record and file the same with the Superintendent. The Superintendent shall render the decision in writing and transmit the same to the grievant and a representative of the Association, which form shall be available for the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by him.
C. Within five (5) school Staff within ten days of receipt of the written grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
D. If Written grievances as required herein shall contain the Association is not satisfied with following:
1. It shall be signed by the disposition grievant or grievants;
2. It shall be specific;
3. It shall contain a synopsis of the grievancefacts giving rise to the alleged violation;
4. It shall cite the section or subsections of the Agreement or Policy Manual alleged to have been violated, or if no disposition has been made within five (applicable;
5) school days of such meeting or ten (10) school days from . It shall contain the date of filing, whichever the alleged violation;
6. It shall be later, specify the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Associationrelief requested.
E. If the Association decision is not satisfied with unsatisfactory to the disposition of grievant, the grievant may appeal the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted to the Board within ten (10) working days by filing a written copy thereof of the grievance, along with the Secretary decision of the Superintendent, with the secretary or other designee designated representative of the BoardBoard within six days of receipt of the Superintendent’s disposition. The Board, no later than its next regular meeting or within two (2) calendar weeks, whichever shall be later, shall hold a hearing meet with the grievant, the Staff and the Superintendent on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) thirty days thereafter. A from the meeting and a copy of such disposition shall be furnished given to the Associationgrievant and the Staff.
F. The Association may request If the Staff is not satisfied with the disposition of the grievance by the Board and the Staff intends to submit the matter to arbitration, the Staff shall notify the Board of such intention within fifteen days of receipt of the Board’s disposition. If the parties cannot agree upon an impartial arbitrator within five days from the notification date that arbitration of any unresolved grievance which will be pursued, the Staff shall, within ten days from the date that the Board is arbitrable by filing the Arbitration Request Form with notified, demand arbitration through the American Arbitration Association in writing in accordance with its rules which shall likewise govern the selection of the Arbitrator. Neither party may raise a new defense or grounds at the arbitration having not previously been raised or disclosed. The decision of the Arbitrator shall be final and delivering a copy conclusive and binding upon employees, the Board and the Staff; subject to the right of the Board or the Staff to judicial review. The lawful decision of the Arbitrator shall be forthwith placed into effect.
G. The Arbitrator shall only have the authority to adjust grievances in accordance with this Agreement. The Arbitrator shall not have jurisdiction or authority to add to, amend, modify, nullify, or ignore in any way the provisions of this Form Agreement and shall not make any award which in effect would grant the Staff or the Board any rights or privileges which were not obtained in the negotiation process. The Arbitrator shall have no power to interpret State or Federal law.
H. Retroactivity may or may not be determined by the Arbitrator per the merits of the case. The maximum period of retroactivity allowed for arbitration awards or grievance settlements shall be a date not earlier than 180 calendar days prior to the Employer through the Superintendent's Office within thirty (30) working days following the receipt initiation of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph Estep one, the Association may request arbitration by i.e. filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules grievance.
I. The fees and expenses of the arbitrator and all hearing location costs Arbitrator shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacherparties.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. J. The time limits provided in this article Article shall be strictly observed but observed. Grievances not appealed within the designated time limits for the various steps of the grievance procedure will automatically result in the grievance being considered closed. Grievances not answered by the Superintendent or the Board within the designated time limits shall be considered automatically appealable and processed to the next step. Where the Board does not provide the required answer to a grievance within the time limit provided at the previous steps, the time limit for filing at the next step shall be extended for ten additional days. The time limits at any step, or for any hearing, may be extended by written mutual agreement of the partiesparties involved at that particular step. In the event a grievance is filed after May 15 fifteenth of any year and strict adherence to the time limits may result in hardship to any party, the Board parties shall use its their best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has . Should the Board or the Superintendent fail to timely present a personal complaint which he desires to discuss with a supervisordisposition, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification deemed denied and the Staff may timely proceed to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration next step of the grievance procedure.
K. The employee, Staff representatives, Superintendent and Board representatives shall, throughout the grievance procedure, treat each other with courtesy, and no effort shall be made by either party or its representatives to harass or intimidate the other party or its representatives.
L. In any case where the Staff has complained of an action of the Board, which has resulted in no loss of wages, the interests of the teachers Board shall be under no obligation to make monetary adjustments and the sole responsibility of the AssociationArbitrator shall have no power to order one.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication of any provision of this the Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided. A grievance shall not include any of the following:
1. The termination of services or of failure to reemploy any probationary teacher.
2. The termination of services or failure to reemploy any teacher to a position on the extra curricular schedule.
3. Any matter involving the subjective content of teacher evaluation.
4. It is expressly understood that the grievance procedure shall not apply to those areas in which the Tenure Act prescribes a procedure or authorizes a remedy.
B. In the event that a teacher or the Association believes there is a basis for a grievance, he shall first discuss the alleged grievance with his building principal either personally or accompanied by his Association representative. The grievant grievance must be filed within fifteen (15) calendar days of the alleged violation, misinterpretation, or misapplication or within fifteen (15) calendar days of the discovery thereof.
C. If, as a result of the informal discussion with the building principal, a grievance still exists, he/she may invoke the formal grievance procedure through the Association on the form set forth in annexed Schedule Cthe Appendix, signed by the grievant and a representative of the Association, which form shall be available for from the Association representative Association, in each building. A copy of the grievance form shall be delivered to the principal or supervisorprincipal. If the grievance involves more than one school building, or action by the superintendent, it may be filed with the superintendent or a representative designated by him/her.
C. D. Within five (5) school days workdays of receipt of the grievance, the principal or supervisor shall meet with the grievant and an Association representative if desired by the grievant, in an effort to resolve the grievance. The principal or supervisor shall indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days workdays of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days workdays of such meeting meeting, (or ten (10) school days workdays from the date of filing, whichever shall be later), the grievance shall be submitted transmitted to the Board within ten superintendent. Within five (105) working days by filing a written copy thereof workdays the superintendent or his/her designee shall meet with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing Association on the grievance, grievance and give such other consideration as it shall deem appropriate. Disposition indicate his disposition of the grievance in writing by the Board shall be made no later than seven within five (75) days thereafter. A copy workdays of such disposition meeting and shall be furnished furnish a copy to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does is not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent satisfied with the terms of the Agreement. In the administration disposition of the grievance procedureby the superintendent or his/her designee, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.or if no disposition has been made within five
Appears in 1 contract
Sources: Collective Bargaining Agreement
PROFESSIONAL GRIEVANCE PROCEDURE.
A. A claim by a teacher Any teacher, group of teachers, or the Association believing that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any existing rule, order order, or regulation regulation, of the Board, or any other provision of law (except a statute specifically establishing a procedure for redress) relating to wages, hours, terms, or conditions of employment, may file a written grievance with the Board may or its designated representative. If a teacher does not file in writing with the principal or other designated Board representative within five (5) school days after the occurrence, then the grievance shall be processed considered as a grievance as hereinafter providedwaived.
B. The grievant may invoke the formal grievance procedure on the form set forth in annexed Schedule C, signed by the grievant and a representative of the Association, which form shall be available for the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by him.
C. Within five (5) school days of receipt of the grievance, the principal or supervisor designated representative of the Board shall meet with the Association or the individual in an effort to resolve the grievance. The Affected teachers may or may not be present at such meeting. If the meeting is with the school principal or supervisor shall indicate his disposition of and the parties cannot agree, the grievance in writing within shall be promptly transmitted, by the Association or teacher to the Superintendent who shall have five (5) school days thereafter to approve or disapprove it. If the grievance shall be denied by the Superintendent either upon review of such meetingthe action of the school principal, and or in the first instance, the grievance shall furnish a copy thereof immediately be transmitted, by the Association or teacher, to the AssociationSecretary of the Board, with a statement of reasons why it is being disapproved. Failure to answer at any level within the time period for answer moves the grievance automatically to the next level.
D. If C. At the Association is not satisfied with next regular meeting of the disposition Board, after receipt of the grievance, the Board shall pass upon the grievance. The Board may hold a hearing thereon, may designate one or if no disposition has been made within five (5) more of its members to hold a hearing or otherwise investigate the grievance, or prescribe such procedure as it may deem appropriate for consideration of the grievance.
D. For administrative convenience, the Board may cause complaints which may be the subject of grievances under this Article first to be presented to a department head, assistant principal, or other school days employee, for informal processing, in an effort to reduce the number of formal grievances handled under the professional grievance procedure herein established. The parties shall mutually work out procedures for such informal processing upon request, but exhaustion of such meeting or ten (10) school days from the date of filing, whichever informal procedures shall not be later, required as a condition precedent to invoking the grievance procedure, nor shall the participation of department heads, assistant principals, or other employees in such informal procedures be transmitted deemed to the Superintendent. Within five (5) school days the superintendent be a supervisory or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Associationexecutive function.
E. If the Association is The following matters shall not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of any grievance filed under the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of procedure outlined in this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:Article.
1. The termination of service of services or failure to reemploy re-employ any probationary teacher.
2. The placing of a non-tenure teacher on a fourth year of probation without consent of the teacher.
3. Any action involving a tenured teacherclaim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is any matter subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees procedures specified in the bargaining unit; providedTeachers Tenure Act (Act 4 of Public Acts, howeverExtra Session, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreementof 1937 of Michigan as amended).
G. 4. Teachers evaluations (content).
F. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided.
B. The grievant may invoke following matters shall not be the formal basis of any grievance filed under the procedure outlined in this Article:
1. The termination of services of or failure to re-employ any teacher.
2. The termination of services or failure to re-employ any teacher to a position on the form set forth in annexed Schedule Cextracurricular schedule.
3. Any matter involving teacher evaluation.
4. Any prohibited subject of bargaining, including but not limited to layoff and recall; assignment and placement; discipline and discharge; and merit pay.
C. The Association shall designate one (1) representative to handle grievances when requested by the grievant. The Board hereby designates the appropriate grade level principal to act as its representative at Level One as hereinafter described and the Superintendent and his/her designee.
D. The term “days” as used herein shall mean calendar days.
E. Written grievances as required herein shall contain the following:
1. It shall be signed by the grievant and or grievants.
2. It shall be specific.
3. It shall contain a representative summary of the Association, which form facts giving rise to the alleged violation.
4. It shall be available for cite the Association representative in each buildingsection or sub-sections of this contract alleged to have been violated.
5. A copy It shall contain the data of the alleged violation.
6. It shall specify the relief requested. Any written grievance form not substantially in accordance with the above requirements may be rejected as improper. Such a rejection shall be delivered not extend the limitations hereinafter set forth.
F. Level One - A teacher believing himself/herself wronged by an alleged violation of the express provisions of this contract shall within fifteen (15) days of its alleged occurrence orally discuss the grievance with the building principal in an attempt to the principal or supervisorresolve same. If the grievance involves more than one school buildingbuilding or administrator, it may be filed with the superintendent or a representative designated by him.
C. Within five (5) school days of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievance/her. The principal or supervisor shall indicate his disposition of the grievance in writing If no resolution is obtained within five (5) school days of such meetingthe discussion, the teacher shall reduce the grievance to writing and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made proceed within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted said discussion to the SuperintendentLevel Two. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing If no decision is rendered within five (5) school days of such the discussion, or the decision is unsatisfactory to the grievant, the grievant may appeal same to the Board of Education by filing a written grievance along with the decision of the superintendent with the officer of the Board in charge of drawing up the agenda for the Board’s meeting not less than ten (10) days prior to the next regularly scheduled Board meeting. with express written consent of the Association shall final determination of the grievance be made by the Board more than one month after the initial hearings. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in which the grievance arose, the grievant and shall furnish a copy thereof to the Secretary of the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 15th of any year and strict adherence to the time limits may result in hardship to of any partypart, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisorH. Notwithstanding the expiration of this Agreement, he is free to do so without recourse to any claims or grievance arising thereunder may be processed through the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Associationprocedure until resolution.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. Section A claim - General Conditions
1. This procedure shall be used to resolve all disputes concerning the administration or interpretation of the Agreement.
2. The use of this grievance procedure is limited to grievances alleging a specific violation of this Agreement and must be initiated within fifteen (15) school days from the date on which the act or condition allegedly complained of last occurred.
3. Teachers have the right to present grievances in accordance with the provisions of this Article. Nothing in this Agreement shall be construed to prevent any individual teacher from discussing a problem with the administration and having it adjusted without intervention or representation by organization representatives.
4. A teacher who participated in these grievance procedures shall not be subjected to discipline or reprisal because of such participation.
5. The failure of a teacher or the Association to act on any grievance within the prescribed time limits will act as a bar to any further appeal; and an administrator's failure to give a decision within the time limits shall permit the grievance to proceed to the next step. The time limits, however, may be extended by mutual agreement.
6. Any teacher has the right to be represented in the grievance procedure. The teacher shall be present at any grievance discussion when the administration and/or the Association deems it necessary. When the presence of a teacher at a grievance hearing is requested by either party, illness or other incapacity of the teacher shall be grounds for any necessary extension of grievance time limits.
7. In any instance where the Association is not represented in the grievance procedure, the Association will be notified of the disposition of the grievance, which disposition shall not be in conflict with any of the terms or conditions of this Agreement.
8. Hearings and conferences under this procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses entitled to be present, to attend and will be held insofar as possible after regular school hours, or during non-teaching time of personnel involved. When such hearings and conferences are held, at the option of the administration during school hours, all employees whose presence is required shall be excused, with pay, for that there has been a violation, misinterpretation purpose.
9. Any investigation or misapplication other handling or processing of any provision of this Agreement grievance by the grieving teacher or any rule, order Association representatives shall be conducted so as to result in no interference with or regulation interruption of the Board may be processed as a grievance as hereinafter providedinstructional program and related work activities of the teaching staff.
B. The grievant may invoke Section B - Procedure
1. First Step An informal meeting between the formal grievance procedure on the form set forth in annexed Schedule C, signed by the grievant aggrieved teacher(s) and a representative of the Association, which form shall be available his/her immediate supervisor for the Association representative in each buildingexpress purpose of attempting to resolve the complaint or alleged grievance. A copy of the Any grievance form shall be delivered which is not appealed to the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by him.
C. Within second step within five (5) school days of receipt following the meeting in which the discussion in the first step was concluded shall be considered settled on the basis of the grievancefirst step answer.
2. Second Step BETWEEN THE BUILDING PRINCIPAL AND THE ASSOCIATION PROFESSIONAL RIGHTS AND RESPONSIBILITIES REPRESENTATIVE:
a. Any grievance which remains unsettled after completion of the first step shall be reduced to writing, signed by the aggrieved teacher(s), and shall specify the specific article(s) and section(s) allegedly violated and shall also state the relief sought (see Appendix V). The building principal or supervisor shall meet shall, within five (5) school days from the date the grievance is presented to him, arrange a meeting at a mutually satisfactory time with the Association Professional Rights and Responsibilities Representative in an effort attempt to resolve the grievance. The building principal or supervisor shall indicate his disposition formally answer the grievance within five (5) school days after the meeting in which the discussion of the grievance is concluded and this written answer shall be dispatched to the Professional Rights and Responsibilities Representative and aggrieved teacher(s).
b. Any grievance processed through this second step which is not appealed to the third step in writing within five (5) school days of such meeting, and the formal answer of the building principal shall furnish a copy thereof to be considered settled on the Associationbasis of second step answer.
D. If the Association is not satisfied with the disposition 3. Third Step BETWEEN THE SUPERINTENDENT AND/OR HIS DESIGNATED REPRESENTATIVE(S) AND THE ASSOCIATION CENTRAL COMMITTEE.
a. Grievances which remain unsettled after completion of the grievance, or if no disposition has been made second step shall be discussed by the parties not later than ten (10) school days from the date the grievance was appealed to this step. The Superintendent and/or his designated representative(s) shall formally answer the grievance within five (5) school days after the meeting at which the discussion was concluded and this written answer shall be dispatched to the chairman of the Association Central Committee and the aggrieved teacher(s).
b. It is understood class action and/or general grievances may be filed initially in this step by the Association or by the Board or its designated representative.
4. Fourth Step ARBITRATION Grievances involving the interpretation and/or application of the provisions of this Agreement which have been duly processed through previous steps of this grievance procedure, and only such meeting or grievances, may be submitted to arbitration in accordance with the following provisions:
a. Should the Association desire to submit such a grievance to arbitration, it shall give written notice to the Board within ten (10) school days from the date of filing, whichever the Superintendent's answer in step three. Such written notice shall cite the provision(s) allegedly violated and the relief sought.
b. Either party shall be laterentitled to present its claim(s) to the arbitrator in such manner as the party may desire, it being understood, however, that the grievance arbitrator may determine the relevancy of the evidence presented. The decision of the arbitrator shall be transmitted final and binding, shall be reduced to writing, and each party shall be furnished a signed copy thereof. The arbitrator shall have no power to alter, change, detract from, or add to the Superintendent. Within five (5) school days provisions of this Agreement, but shall have the superintendent or his designee power only to apply and interpret the provisions of this Agreement to the settlement of grievances arising hereunder.
c. Each party shall meet with bear its own costs, and the Association on the grievance and indicate his disposition expense of the grievance in writing arbitration proceedings shall be shared equally by Board and the Association.
d. The arbitrator shall be selected as follows: Each party shall, within five (5) school days of such meeting, and shall furnish a copy thereof from the date the grievance was appealed to the Association.
E. fourth step, submit a list to the other party of three (3) names of arbitrators whom it would be willing to accept as the arbitrator. If the Association no agreement is not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made reached within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee after receipt of the Board. The Boardthree names referred to above, no later than its next regular meeting or two (2) calendar weeks, whichever either party shall be later, shall hold direct a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished letter to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, requesting the Association may request arbitration by filing the to appoint an arbitrator pursuant to its Voluntary Labor Arbitration Request Form with the American Arbitration Association and delivering Rules. Such a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance letter from either party shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacherjoint letter.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Collective Bargaining Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided.
B. The grievant may invoke the formal grievance procedure on the form set forth in annexed Schedule C, signed by the grievant and a representative of the Association, which form forms shall be available for the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by him/her.
C. Within five (5) school days of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his their disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his their designee shall meet with the Association on the grievance and indicate his their disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. .
G. If a grievance is the parties cannot agree as to be submitted to arbitrationthe arbitrator, then the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant (AAA) in accordance with its rules which shall likewise govern the arbitration proceeding.
a. Both parties agree to their rules be bound by the award of the arbitrator, and that judgment thereon may be entered in any court of competent jurisdiction.
b. The arbitrator shall have the authority to issue any appropriate remedy.
c. The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association Union and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. .
d. The arbitrator shall at all times be governed wholly by the terms utilize a “reasonable and just cause” standard of this Agreement review when issuing any findings and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacherremedies.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. H. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he they shall be reinstated with full reimbursement of all professional compensation lost, plus reasonable interest. If he shall they have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to himthem and their record cleared of any reference to this action.
H. I. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. J. If an individual teacher has a personal complaint which he desires they desire to discuss with a supervisor, he is they are free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. K. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Collective Bargaining Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A grievance is a claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any rule, order or regulation of the Board Agreement. Said grievance may be processed as a grievance as hereinafter providedby the following procedure.
B. The grievant may In the event that a teacher believes there is a basis for a grievance, he/she shall first discuss the alleged grievance with the Superintendent either personally or accompanied by the Association representative within fifteen (15) school days of the alleged grievance. Within ten (10) school days after discussion of the grievance, the Superintendent shall give the disposition orally to the teacher and association. School days shall be defined as student instructional days during the school year and days when the central office is open during the summer.
C. If the grievance is not resolved informally, the teacher shall, within ten (10) school days of receipt of the Superintendent’s disposition, invoke the formal grievance procedure on the form set forth in annexed Schedule C, Section 6.3 signed by the grievant and a representative of the Association, which form shall be available for from the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by himSuperintendent.
C. D. Within five (5) school days of receipt of the grievance, the principal or supervisor Superintendent shall meet with the Association in an effort to resolve the grievance. The principal or supervisor Superintendent shall indicate his his/her disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designee, superintendent or if no disposition has been made within five (5) school days of such meeting [or ten (10) school days from the date of the original filing, whichever shall be later], the grievance shall be taken to mediation as provided by the Michigan Employment Relations Commission. It is agreed that three members of the Board of Education will be assigned by the Board to participate in the mediation process. The parties may, by mutual written agreement, move the grievance from the superintendent’s decision directly to arbitration.
F. If the grievance remains unresolved, it may be submitted for binding arbitration by the Association, provided that written notice for submission to arbitration is delivered to the Board of Education/Designee within twenty (20) school days of the date of the final meeting of the parties with the mediator. Following the written notice of request for submission to binding arbitration, the parties will meet within ten (10) working school days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished an attempt to the Association.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written dispositionmutually select an arbitrator. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office parties cannot later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitrationagree, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant in accord with its rules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to their rules assert in such arbitration proceedings any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may not be entered in any court of competent jurisdiction.
G. The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to himparties.
H. The time limits provided in this article Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 15th of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual Notwithstanding the expiration of this Agreement, any claim or grievance arising there-under may be processed through the grievance procedure until resolution. The following matters shall not be the basis of any grievance filed under the procedure outlined in this Article:
1. The termination of services or failure to re-employ any teacher has to a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse position on the extra-curricular schedule; The powers of the arbitrator are subject to the grievance procedurefollowing limitations:
1. HoweverHe/she shall have no power to add to, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be presentsubtract from, nor shall disregard, alter or modify any adjustment of a grievance be inconsistent with the terms of this agreement.
2. He/she shall have no power to decide any question which, under this agreement, is within the Agreementresponsibility of the administration to decide. In rendering decisions, an arbitrator shall give due regard to the responsibility of administration and shall so construe the agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by the agreement.
3. He/she shall have no power to interpret state or federal law.
4. He/she shall not hear any grievance previously barred from the scope of the grievance procedure.
5. More than one grievance may not be considered by the arbitrator at the same time except upon expressed written mutual consent of the parties and then only if they are of similar nature.
6. Where no wage loss has been caused by the action of the board complained of, the interests of the teachers board shall be under no obligation to make monetary adjustments and the sole responsibility of the Associationarbitrator shall have no power to order one.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from 7. Arbitration awards of grievance settlements will not be made retroactive beyond the date of an alleged incidentthe occurrence or non-occurrence of the event upon which the grievance is based.
8. The arbitrator shall have no power in the termination of services of or failure to re-employ any probationary teacher unless the discharge is for Association activities.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher teacher, the Association or the Association Board of Education that there has been a violation, misinterpretation or misapplication violation of any provision the express terms of this Agreement or any rule, order or regulation of the Board agreement may be processed as a grievance as hereinafter provided.
B. The In the event that a teacher believes there is a basis for a grievance, he shall first discuss the alleged grievance with his building principal either personally or accompanied by his Association representative.
C. In the event that the Board believes there is a basis for a grievance, the same procedure shall be followed as stated below substituting the words "building representative" for "building principals," "GEA president" for "superintendent" and "Association" for "Board".
D. If, as a result of the informal discussion with the building principal, a grievance still exists, the grievant may invoke the formal grievance procedure on the form set forth in annexed Schedule C, signed by the grievant and a representative of also signed by the Association, which form Association if the Association is requested by the grievant to participate in the grievance procedure and if the Association agrees to participate. Grievance forms shall be available for from the Association representative in each buildingbuilding representative. A copy of the grievance form shall be delivered to the principal or supervisorprincipal. If the grievance involves more than one (1) school building, it may be filed with the superintendent or a representative designated by him. This first step shall be completed within fifteen (15) working days of the teacher's knowledge of the incident causing the grievance.
C. E. Within five ten (510) school calendar days of receipt of the grievance, the principal or supervisor shall meet with the grievant or the grievant and the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his disposition of the grievance in writing within five ten (510) school calendar days of such meeting, meeting and shall furnish a copy thereof to the Association.
D. F. If the Association is not satisfied with the disposition of the grievance, grievance or if no disposition has been made within five ten (510) school calendar days of such meeting (or ten (10) school calendar days from the date of filing, whichever shall be later), the grievance shall be transmitted to the Superintendentsuperintendent within ten (10) days of the date that the disposition of the grievance is rendered by the principal. Within five ten (510) school days calendar days, the superintendent or his designee shall meet with the Association on the grievance and shall indicate his disposition of the grievance in writing within five ten (510) school calendar days of such meeting, meeting and shall furnish a copy thereof to the Association.
E. G. If the Association is not satisfied with the disposition of the grievance by the Superintendent superintendent or his designee, designee or if no disposition has been made within five ten (510) school calendar days of such meeting (or ten (10) school calendar days from the date of filing, whichever shall be later, ) the grievance shall be submitted transmitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary secretary or other designee of the BoardBoard within ten (10) days of the date that the disposition of the grievance is rendered by the superintendent. The Board, no later than its next regular meeting or two (2) calendar weeks, weeks whichever shall be later, shall hold a hearing meet with the Association on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall should be made no later than seven ten (710) calendar days thereafter. A copy of such disposition shall be furnished to the Association.
F. The Association may request arbitration H. Within ten (10) calendar days after receiving the disposition from the Board or within ten (10) days of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt expiration of the Board's written time limit for rendering a decision, the grievance may be submitted to arbitration before an impartial arbitrator if the Association is not satisfied with the disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form parties cannot agree as to the Employer through arbitrator within ten (10) calendar days from the Superintendent's Office not later than thirty (30) working days following the notification date the Board's written disposition was due. The grievance may thereafter that arbitration will be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established hereinpursued, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator he shall be selected from a panel submitted by the American Arbitration Association pursuant in accord with its rules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to their rules assert in such arbitration preceding any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, subtract from the terms of this agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
I. If a grievance is sustained by the arbitrator, the fees and expenses of the arbitrator and all hearing location costs shall be shared equally paid by the Association and Board. If the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may is not be considered sustained by the arbitrator:
1. The termination , such fees and expenses of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commissionarbitrator shall be paid by the Association. If the issue arbitrator decides in favor of arbitrability is raisedneither party, the arbitrator parties shall not determine equally share the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final ’s fees and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreementexpenses.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. J. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisorK. Notwithstanding the expiration of this agreement, he is free to do so without recourse to any claim or grievance arising thereunder may be processed through the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers procedure until resolution.
L. It shall be the sole responsibility function of the Association.
J. Filing time for an arbitrator and he shall be empowered except as his powers are limited below, after due investigation, to make a decision in cases of alleged violation is limited of the specific articles and sections of this agreement. He shall have no power regarding the termination of tenure and non-tenure teachers or in any other cases that are covered by the Teacher Tenure Act. He shall have no power to twenty (20) teaching days from change any established practice, written policy or rule of the Board nor to substitute his judgment for that of the Board as to the reasonableness of any such established practice, written policy or rule taken by the Board as long as such established practice, written policy or rule are not in violation of this agreement. The Board shall not be required to pay back wages prior to the effective date of this agreement. Any grievance occurring during the period between the termination date of this agreement and the date of an alleged incidentsigning of the new agreement shall be processed on the basis of the prior agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by a teacher or the Association that there has been a violation, misinterpretation misinterpretation, or misapplication of any provision of this Agreement or any rule, order order, policy, or regulation of the Board may be processed as a grievance as hereinafter provided.
B. In the event that a teacher believes there is a basis for a grievance, the teacher shall first discuss the alleged grievance with his/her building principal either personally or accompanied by his/her Association representative. The grievant grievance must be filed within fifteen (15) calendar days of the violation, misinterpretation or misapplication, or within fifteen (15) calendar days of the discovery thereof.
C. If, as a result of the informal discussion with the building principal, a grievance still exists, the teacher may invoke the formal grievance procedure through the Association on the a form set forth in annexed Schedule C, signed provided by the grievant and a representative of the Association, which form shall be available for the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisorprincipal. If the grievance involves more than one school building, it may be filed with the superintendent superintended or a representative designated by him.
C. D. Within five (5) school calendar days of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his his/her disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school calendar days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance or if no disposition has been made within five (5) calendar days of such meeting (or ten (10) calendar days from date of filing, whichever shall be later), the grievance shall be transmitted to the superintendent. Within ten (10) calendar days, the superintendent or his designee shall meet with the Association on the grievance and shall indicate his/her disposition of the grievance in writing within five (5) calendar days of such meeting and shall furnish a copy thereof to the Association.
F. If the Association is not satisfied with the disposition of the grievance by the Superintendent superintendent or his designee, or if no disposition has been made within five (5) school calendar days of such meeting (or ten (10) school calendar days from the date of filing, whichever shall be later), the grievance shall be submitted transmitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing meet with the Association on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) calendar days thereafter. A copy of such disposition shall be furnished to the Association.
F. The G. If the Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form not satisfied with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt disposition of the Board's written disposition. If grievance by the Board fails to answer a grievance or if no disposition has been made within the time limits set forth in Paragraph Eperiod above provided, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitrationarbitration before an impartial arbitrator. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the The arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant in accord with its rules which shall likewise govern the arbitration proceeding. The arbitration shall have no power to their rules alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
H. The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the parties.
I. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship of any party, the superintendent shall use his best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
J. Notwithstanding the expiration of this Agreement, any claim or grievance arising hereunder may be processed through the grievance procedure until resolution.
▇. ▇▇▇▇ leave shall be provided any employee of the district who is called to testify at an arbitration hearing.
L. In the event that a grievance is filed by a bargaining unit member of the Association that is of such a nature that expediency in resolution is imperative or the grievance is of such a nature that a resolution could not be achieved by following the normal procedures, the parties may, by mutual consent, send the grievance directly to binding arbitration.
M. If the Association files a demand for arbitration concerning a grievance pursuant to step G of the above-mentioned procedures and the Employer. Each party Board files an action in Circuit Court to stay the arbitration, in the event the Board does not prevail in the ultimate court determination and the alleged grievance is directed to an arbitrator for a ruling on its arbitrability and/or merits, the Board shall pay reimburse the Association for any and all costs, including attorney fees, expensesincurred by it as a result of its participation in the stay proceedings and appeals there from. Under such circumstances, wagesin the event the Board does prevail in the ultimate court determination and the alleged grievance is held to be not arbitrable, the Association shall reimburse the Board for any and all costs.
N. If the Association receives an unfavorable arbitration award and appeals such award to the Circuit Court, in the event the Association does not prevail in the ultimate court determination, the Association shall reimburse the Board for any and all costs including attorney fees, incurred by the reason of its participation in the initial appeal proceedings and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commissionappeals there from. If the issue of arbitrability is raisedboard receives an unfavorable arbitration award and appeals such award to the Circuit Court, in the event the Board does not prevail in the ultimate court determination, the arbitrator Board shall not determine reimburse the merits Association for any and all costs, including attorney fees incurred by reason of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees its participation in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreementinitial appeal proceedings and any appeals there from.
G. O. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Master Contract
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by grievance is defined as an alleged violation of a teacher specific Article or the Association that there has been a violation, misinterpretation or misapplication of any provision Section of this Agreement or any rule, order or regulation an inequitable application of the Board may be processed as a grievance as hereinafter providedpolicy.
B. The grievant may invoke the formal A grievance procedure on the form set forth in annexed Schedule C, signed by the grievant and a representative must be filed within twenty (20) school days of the Associationoccurrence or reasonable knowledge thereof.
C. The primary purpose of this procedure is to secure, which form at the lowest level possible, equitable solutions to the problems of the parties. Nothing contained herein shall be available for prevent any employee from presenting a grievance to the employer and to have said grievance adjusted without intervention of the Association representative in each buildingif said adjustment is not inconsistent with the terms of the collective bargaining agreement and the Association has been given an opportunity to be present at said adjustment. A copy The grievance procedure, herein outlined, affords the sole and exclusive remedy for complaints and grievances under this Agreement, and the sole method of expression or communication of a view, grievance, complaint, or opinion or any matter related to the conditions or compensation of public employment of their betterment.
D. Prior to Level One of the grievance form procedure there should be a personal discussion of the issue or concern between the grievant, the immediate supervisor, and an Association Representative who shall attempt to resolve the problem as simply as possible. This meeting, however, shall not interfere with timely filing of a grievance.
E. Level Two — In the event the grievance is not satisfactorily resolved at Level One, notice of intent to proceed to Level Two shall be delivered given to the principal Superintendent, or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent or a his/her designated representative designated by him.
C. Within five within ten (510) school days of receipt of the written decision at Level One. If the Association gives notice to proceed with the grievance, the principal or supervisor a meeting shall meet with be held between a representative of the Association in an effort to resolve and the grievance. The principal Superintendent, or supervisor shall indicate his disposition of the grievance in writing designated representative, within five seven (57) school days of such meeting, and receipt of notifications that the grievance is being pursued. A written answer shall furnish a copy thereof be returned to the Association.
D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five seven (57) school days of such meeting or said meeting.
F. Level Three — In the event the grievance is not satisfactorily resolved at Level Two, notice of intent to proceed to Level Three shall be given to the Board of Education, by submitting said notice to the Secretary of the Board, within ten (10) school days from of receipt of the date of filingwritten decision at Level Two. If the Association gives notice to proceed with the grievance, whichever a hearing shall be later, the grievance shall be transmitted to the Superintendent. Within five held before at least two (52) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition members of the grievance in writing Board of Education, within five fifteen (515) school days of such meeting, and receipt of notification that the grievance is being pursued. A written answer shall furnish a copy thereof be returned to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Associationsaid meeting.
F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Master Agreement
PROFESSIONAL GRIEVANCE PROCEDURE. A. A claim by The Association alleging a violation of the express provisions of this contract shall, within five (5) working days of its alleged occurrence, orally discuss the grievance with the building principal in an attempt to resolve same. If no resolution is obtained within three (3) working days of the discussion, the teacher or Association shall reduce the Association that there has been a violationgrievance to writing and proceed, misinterpretation or misapplication within ten (10) working days of any provision of this Agreement or any rulesaid discussion, order or regulation to the next step of the Board may be processed as a grievance as hereinafter providedprocedure.
B. The grievant may invoke the formal grievance procedure on the form set forth in annexed Schedule C, signed by the grievant and a representative of the Association, which form shall be available for the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by him.
C. Within five (5) school working days of the receipt of the grievance, the building principal or supervisor shall meet with the Association (affected teachers may or may not be present at such meeting) in an effort to resolve the grievance. The principal or supervisor shall indicate his disposition of .
C. If the grievance in writing is not resolved by the principal and Association, the Association then may, within five (5) school working days of such after said meeting, and shall furnish a copy thereof to file the Association.
D. If the Association is not satisfied grievance with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever superintendent. He shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted to the Board within have ten (10) working days by filing a written copy thereof with from receipt to approve or disapprove it and report, in writing, to the Secretary Association reasons why the grievance is approved or other designee disapproved. A meeting of the Boardsuperintendent and the Association may be held, if desired, by either party.
D. If the grievance is not resolved at the superintendent's level (Paragraph C above), the Association shall have five (5) working days to submit said grievance to the secretary of the Board indicating, in writing, why they (the Association) think further action is necessary.
E. Within fifteen (15) working days from receipt of the grievance the Board shall pass on the grievance and report, in writing, to the Association. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall Board may hold a hearing on thereon, may designate one or more of its members to hold a hearing or otherwise investigate the grievance, and give or prescribe such other consideration procedure as it shall may deem appropriate. Disposition appropriate for consideration of the grievance in writing by grievance.
F. Failure to appear within the above time limits shall be deemed acceptance of the decision. However, if the decision of the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished is not satisfactory to the Association.
F. , the grievance may be appealed to arbitration. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty have ten (3010) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted appeal to arbitration. If Such appeal shall be in writing and shall be delivered to the Association does not request arbitration in the manner or Board within the time limits established hereinsaid ten (10) working day period, and if not delivered, the grievance shall be considered settled on the basis abandoned. Within ten (10) working days of receipt of the Employer's last dispositiongrievance the Board and the Association will meet to select an arbitrator agreeable to both parties. If a grievance is to be submitted to arbitrationIf, after five (5) working days, the arbitrator parties are not able to agree upon an arbitrator, he shall be selected from a panel submitted by through the American Arbitration Association pursuant to their Association, whose rules The fees and expenses of regulations shall likewise govern the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as writtenarbitration proceedings. The arbitrator shall at all times be governed wholly by so selected will confer with the terms parties and hold hearings promptly and will issue his decision no later than twenty (20) days from the date of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by close of the arbitrator:
1. The termination of service of or failure to reemploy any probationary teacher.
2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decidedhearing. The arbitrator's decision shall be in writing and will set forth his findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator shall have no power to alter, modify, add to, or subtract from the provisions of this Agreement. His authority shall be limited to deciding whether a specific article and section of this Agreement has been violated and shall be subject to, in all cases, the rights, responsibilities, and authority of the parties under the Michigan General School Laws, or any other national, state, county, District, or local laws. The arbitrator shall not usurp the function of the Board of the proper exercise of its judgment and discretion under the law and this Agreement. The decision of the arbitrator shall be final and binding upon binding. The arbitrator's fee shall be divided equally between the Association, the Employer and employees in the bargaining unitparties; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided shall bear any additional expenses incurred by them in this Agreementconnection therewith.
G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same same, or its equivalent in money money, shall be paid to him.
H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any partyFor administrative convenience, the Board shall use its best efforts to process such may cause complaints which may be the subject of grievance prior to the end of the school term or as soon thereafter as possible.
I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative under this article first to be presentpresented to a department head, nor assistant principal or other school employee, for formal processing in an effort to reduce the number of formal grievances handled under the Professional Grievance Procedure herein established. The parties shall any adjustment mutually work out procedures for such informal processing upon request, but exhaustion of such informal procedures shall not be required as a grievance be inconsistent with the terms of the Agreement. In the administration of condition precedent to invoking the grievance procedure, nor shall the interests participation of the teachers department heads, assistant principals, or other employees in such informal procedures be deemed to be supervisory of executive function.
I. It shall be the sole responsibility general practice of all parties in interest to process grievance procedure during times which do not interfere with assigned duties, provided however, in the event it is agreed by the Board to hold the proceedings during regular hours, a teacher participating in any level of the Associationgrievance procedure with any representative of the Board shall be released from assigned duties without loss of salary.
J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.
Appears in 1 contract
Sources: Master Agreement