Formal Grievance Procedure. 1. In the event that a complaint cannot be resolved informally, the parties shall pursue the first step in the formal grievance procedure before making any application for arbitration, unless the College and the AAUP agree in writing to alter the procedure or waive one or more of the steps by proceeding directly to arbitration. 2. Upon written request of the AAUP Contract Compliance Officer, the College shall submit any requested documents in its possession which may be necessary for investigation of the grievance. The College shall deliver such documents as soon as is reasonably possible, but no later than seven (7) days after receipt of a written request. 3. Internal Steps in the Procedure a. Step One: The Director of Human Resources (1) Within thirty (30) days of when the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation of the provisions of this Agreement, the AAUP shall submit to the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description of the grievance, clearly labeled "grievance" containing substantially the same information as provided for on the Faculty Grievance Form. (2) Within eight (8) days of receipt of the written grievance, the Director of Human Resources shall convene a meeting to discuss the grievance. Such meeting shall include the grievant(s) and/or the designated representative(s) of the AAUP and shall be scheduled at a time which is mutually convenient to the parties. (3) The Director of Human Resources shall attempt to determine the facts pertaining to the grievance and shall notify the grievant and the AAUP in writing of his/her decision within eight (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decision. (4) Within eight (8) days after receipt of the disposition of the Director of Human Resources, the AAUP may appeal the decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Form. (5) By agreement, the parties may decide to advance the grievance to step two of the procedure, or to appeal directly to arbitration at step D(4) of this article.
Appears in 14 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Grievance Procedure. 1. In the event that a complaint cannot be resolved informally, the parties shall pursue the first step in the formal grievance procedure before making any application for arbitration, unless the College and the AAUP agree in writing to alter the procedure or waive one or more of the steps by proceeding directly to arbitration.
2. Upon written request of the AAUP Contract Compliance Officer, the College shall submit any requested documents in its possession which may be necessary for investigation of the grievance. The College shall deliver such documents as soon as is reasonably possible, but no later than seven (7) days after receipt of a written request.
3. Internal Steps in the Procedure
a. Step One: The Director of Human Resources
(1) Within thirty (30) days of when the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation of the provisions of this Agreement, the AAUP shall submit to the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description of the grievance, clearly labeled "“grievance" ,” containing substantially the same information as provided for on the Faculty Grievance Form.
(2) Within eight (8) days of receipt of the written grievance, the Director of Human Resources shall convene a meeting to discuss the grievance. Such meeting shall include the grievant(s) and/or the designated representative(s) of the AAUP and shall be scheduled at a time which is mutually convenient to the parties.
(3) The Director of Human Resources shall attempt to determine the facts pertaining to the grievance and shall notify the grievant and the AAUP in writing of his/her decision within eight (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decision.
(4) Within eight (8) days after receipt of the disposition of the Director of Human Resources, the AAUP may appeal the decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Form.
(5) By agreement, the parties may decide whether to advance the grievance to step two of the procedure, or to appeal directly to arbitration at step D(4(D)(4) of this article.
Appears in 6 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Grievance Procedure. 1. In Step 1. If the event that a complaint cannot be resolved informallygrievance is accepted, the parties grievant shall, within seven (7) calendar days, submit the grievance to the Division Chief. The Division Chief, after conferring with the Assistant Chief, shall pursue meet with the first step in grievant and thoroughly discuss the grievance prior to issuing any response to the employee. Within four (4) calendar days, the Division Chief shall give the written decision to the employee on the appropriate form. If the Division Chief fails to reply within this time period, or issues a decision which is unsatisfactory to the employee, the employee may proceed to Step 2 of the formal grievance procedure before making any application for arbitration, unless the College and the AAUP agree in writing to alter the procedure or waive one or more of the steps by proceeding directly to arbitrationprocedure.
2. Upon written request of Step 2. Within fourteen (14) calendar days after the AAUP Contract Compliance OfficerDivision Chief’s response, the College shall employee or employee representative may submit any requested documents in its possession which may be necessary for investigation of the grievancewritten grievance to the Fire Chief. The College shall deliver such documents as soon as is reasonably possible, but no later than Within seven (7) calendar days after receipt of the grievance, the Fire Chief will call for a conference to allow for full discussion of the grievance with the parties involved and their representatives. Within fourteen (14) calendar days of the meeting, the Fire Chief must give a written requestdecision on the appropriate form. If the employee is not satisfied with the decision of the Fire Chief, the employee may proceed to the next step.
3. Internal Steps in Step 3. Within seven (7) calendar days after the Procedure
a. Step One: The Director of Human Resources
(1) Within thirty (30) days of when the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation of the provisions of this AgreementFire Chief’s response, the AAUP employee shall submit the written grievance on the appropriate form to the Director of Human Resources or designee. The grievance shall state that a completed Faculty Grievance Form or a dated, signed, written description resolution of the grievanceissue was unattainable through the informal and formal procedures through Step 2, clearly labeled "grievance" containing substantially and that the same information as provided for on the Faculty Grievance Form.
formal hearing is now requested. Within fourteen (214) Within eight (8) calendar days of receipt of receiving the written grievance, the Director of Human Resources or designee, in concert with the Union, shall convene initiate the selection of a meeting to discuss hearing officer as stated in the grievance. Such meeting Article “Hearing Officer.” The Hearing Officer shall include the grievant(s) and/or the designated representative(s) of the AAUP and shall be scheduled at conduct a time which is mutually convenient to the parties.
(3) The Director of Human Resources shall attempt to determine the facts pertaining to formal hearing on the grievance and shall notify the grievant and the AAUP in writing of his/her decision within eight (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decision.
(4) Within eight (8) days after receipt of the disposition of the Director of Human Resources, the AAUP may appeal the decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Form.
(5) By agreement, the parties may decide to advance the grievance to step two of the procedure, or to appeal directly to arbitration at step D(4) of this article.thirty
Appears in 5 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Formal Grievance Procedure. 1. In the event that the grievance is not resolved through the informal process, the parties agree to the following governing principles for the filing and processing of formal grievances:
a. If a complaint settlement cannot be resolved informallyreached through the informal process provided in Section 6.03, the parties shall pursue the first step in the Faculty member(s) may file a formal grievance procedure before making any application for arbitration, unless at the College and administrative level immediately above the AAUP agree in writing level at which the action occurred that gave rise to alter the procedure grievance except that if the action occurred at the Chancellor’s level or waive one or more of the steps by proceeding directly to arbitration.
2. Upon written request of the AAUP Contract Compliance Officerabove, the College grievance shall submit any requested documents in its possession which may be necessary for investigation of filed with the grievanceChancellor. The College Any such grievance shall deliver such documents as soon as is reasonably possible, but no later than seven be filed within ten (7) days after receipt of a written request.
3. Internal Steps in the Procedure
a. Step One: The Director of Human Resources
(1) Within thirty (3010) days of when the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation of the provisions of this Agreement, the AAUP shall submit to the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description of the grievance, clearly labeled "grievance" containing substantially the same information as provided for on the Faculty Grievance Form.
(2) Within eight (8) days of date after receipt of the written response at the informal level or in accordance with Section 6.05 below if the action occurred at the Chancellor’s level or above.
b. The written grievance shall contain a statement of the facts, the provision or provisions of this Agreement that are alleged to have been violated, and the relief requested. The written grievance shall also provide evidence of the request for the informal process and the Administrator’s written response based on the informal process.
c. A meeting shall be held at the administrative level at which a grievance is filed within ten (10) days after the grievance is filed between the Administrator (or his or her designee) at that level, the Grievant(s), and, if requested by the Grievant(s), an Association representative. The Grievant(s) and/or Administrator may invite an additional person or persons to participate in the meeting, provided the name(s) is/are given to the other party at least 24 hours in advance of the meeting. The Administrator shall provide a written response to the Grievant(s) and the Association no later than ten (10) days after the meeting.
d. If the grievance is not resolved at the level filed, the Grievant(s) may appeal to the next administrative level (e.g., an appeal of a ▇▇▇▇’▇ determination shall be filed with the ▇▇▇▇▇▇▇). The Administrator (or designee) with whom the appeal is filed may hold a meeting with the Grievant(s) if the Administrator believes it is necessary. Any such meeting shall be held within ten (10) days after the filing of the appeal. The Administrator shall provide a written response to the appeal to the Grievant(s) and the Association within ten (10) days after the filing of the appeal or within ten (10) days after the meeting regarding the appeal, whichever is later.
e. If the appeal is filed with the Chancellor, then the Grievant(s) shall have no further appeal rights and may elect to request arbitration in accordance with Section 6.06. If the grievance is filed with an Administrator other than the Chancellor, then the Grievant(s) may elect to appeal to the Chancellor. The Chancellor (or designee) may hold a meeting with the Grievant(s) if the Chancellor (or designee) believes it is necessary. Any such meeting shall be held within ten (10) days after the filing of the appeal with the Chancellor. The Chancellor or designee shall provide a written response to the Grievant(s) and the Association within ten (10) days after the filing of the appeal with the Chancellor or within ten (10) days after the meeting regarding the appeal to the Chancellor, whichever is later.
f. If the appeal to the Chancellor does not resolve the grievance, then the Director Grievant(s) may request arbitration in accordance with Section 6.06 below.
g. The parties agree that the processing of Human Resources shall convene a meeting to discuss the grievance. Such meeting shall include the grievant(s) and/or the designated representative(s) of the AAUP merit pay and workload grievances shall be scheduled at a time which is mutually convenient to the partiesgiven priority.
(3) The Director of Human Resources shall attempt to determine the facts pertaining to the grievance and shall notify the grievant and the AAUP in writing of his/her decision within eight (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decision.
(4) Within eight (8) days after receipt of the disposition of the Director of Human Resources, the AAUP may appeal the decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Form.
(5) By agreement, the parties may decide to advance the grievance to step two of the procedure, or to appeal directly to arbitration at step D(4) of this article.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Grievance Procedure. 1. In An employee whose grievance is not satisfactorily resolved by the event that informal procedure may institute a complaint cannot be resolved informally, the parties shall pursue the first step in the formal grievance procedure before making any application for arbitration, unless the College and the AAUP agree in writing to alter the procedure or waive one or more of the steps by proceeding directly to arbitration.
2. Upon written request of the AAUP Contract Compliance Officer, the College shall submit any requested documents in its possession which may be necessary for investigation of the grievance. The College formal grievance shall deliver such conform to the following:
a. All formal grievances shall be in writing on the form appended to this resolution. A supply of forms shall be maintained in each department covered by this procedure and shall be readily accessible to all employees.
b. Within five (5) days after receipt of the supervisor's oral decision in the informal proceeding, the grievant may file a formal grievance on the form prescribed. The grievant shall provide the necessary information called for at the top of the form and in Steps I and II of the grievance form in clearly legible writing, printing, or typing. The grievant shall file the original form with the immediate supervisor.
c. The immediate supervisor shall meet with the grievant within five (5) days after filing of the grievance form for discussion of the formal grievance. The immediate supervisor shall complete "Supervisor's Decision" portion of the form and return it to the grievant within five (5) days after their meeting. A copy of the supervisor's decision and attached grievance documents as soon as is reasonably possible, but no later than shall also be filed with the Human Resources Director.
d. The grievant may appeal the decision of the immediate supervisor by completing the first part of Step III of the grievance form and filing it with the next higher level of supervision (identified by the department head) and to the grievant's department head within seven (7) days after receipt of a written requestthe supervisor's decision. The functions of the department head hereunder may be performed by the department head's duly authorized representative.
3. Internal Steps in e. The person occupying the Procedure
a. Step One: The Director next higher level of Human Resources
(1) Within thirty (30) days of when supervision together with the AAUP learns ofdepartment head, or in the exercise of reasonable diligence should have learned ofrepresentative, an alleged violation of the provisions of this Agreement, the AAUP shall submit to the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description of the grievance, clearly labeled "grievance" containing substantially the same information as provided for on the Faculty Grievance Form.
(2) Within eight (8) days of receipt of the written grievance, the Director of Human Resources shall convene a meeting to discuss the grievance. Such meeting shall include the grievant(s) and/or the designated representative(s) of the AAUP and shall be scheduled at a time which is mutually convenient to the parties.
(3) The Director of Human Resources shall attempt to determine the facts pertaining to the grievance and shall notify meet with the grievant and the AAUP in writing of his/her decision within eight (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decision.
(4) Within eight (8) days after receipt of the disposition of the Director of Human Resources, the AAUP may appeal the decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Form.
(5) By agreement, the parties may decide to advance the grievance to step two of the procedure, or to appeal directly to arbitration at step D(4) of this article.ten
Appears in 4 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Formal Grievance Procedure. 1A formal grievance shall be referred back to the informal process if the employee and/or Association representative attempts to bypass the Section 2 Informal Procedures without attempting to resolve the grievance at this level. In Grievances shall be processed in the event that a complaint cannot be resolved informallyfollowing manner and within the stated time limits (days as used herein shall refer to days both the aggrieved employee and administrator are on duty):
Step 1 If, according to the employee, the parties problem is not resolved informally it shall pursue be reduced to writing by the employee on the appropriate grievance form and shall be submitted by the employee as a grievance to the principal or immediate administrator within fifteen (15) days after the facts upon which the grievance is based first step in occur, or first become known, or should have become known to the formal employee. The written grievance procedure before making shall state the fact(s) upon which it is based, the issue involved, any application for arbitrationAgreement provisions allegedly violated, unless the College and the AAUP agree in writing to alter the procedure or waive one or more of the steps by proceeding directly to arbitration.
2. Upon written request of the AAUP Contract Compliance Officer, the College shall submit any requested documents in its possession which may be necessary for investigation of the grievancerelief sought. The College principal or immediate administrator shall deliver such documents as soon as is reasonably possible, but no later than seven meet with the grievant and endeavor to properly resolve the matter within fifteen (715) days after receipt of a the written grievance. The principal or immediate administrator shall give written answer to the employee within ten (10) days thereafter. An extension may be filed at the mutual agreement of the parties.
Step 2 If the grievant feels the grievance is still not resolved and wishes to appeal the grievance further, he or she may refer the matter in writing to the Executive Director of Human Resources within ten (10) days after receiving the principal's or immediate administrator's written answer. The Executive Director or designee shall review the matter and arrange for necessary discussions with the grievant within ten (10) days after receipt of the written grievance. The Executive Director shall give written answer to the employee within ten (10) days thereafter.
Step 3 If the grievant is unsatisfied with the disposition in Step 2 of the grievance procedure, the grievant may, within ten (10) days, request the permission of the Association to submit the matter to arbitration. The Association shall determine whether to submit the matter to arbitration and notify the employee and the District of its decision within ten (10) days of receiving the request.
3. Internal Steps in (A) The termination of services or failure to re-employ any employee to a position on the Procedure
a. Step One: The Director of Human Resourcessupplemental salary or extra pay schedule.
(1B) Within Any matter involving employee evaluation, provided that evaluation procedures shall be subject to the arbitrator's authority.
(C) Any matter involving nonrenewal, discharge, or probation where other remedy is provided by law.
(D) Any matter specifically excluded in any other provision of the Agreement. The arbitrator shall render a decision within thirty (30) calendar days following the conclusion of the arbitration hearing or submission of any post-hearing briefs. The parties shall have thirty (30) days in which to submit such briefs. Each party shall bear its own costs of when arbitration, except that the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation cost of the provisions arbitrator, court cost (reporter, hearing room, etc.) shall be shared equally by the District and the Association. The decision or award shall set forth the arbitrator's finding of this Agreementfact, the AAUP shall submit to the Director of Human Resources a completed Faculty Grievance Form or a datedreasoning, signed, written description of the grievance, clearly labeled "grievance" containing substantially the same information as provided for and conclusions on the Faculty Grievance Form.
(2) Within eight (8) days of receipt of the written grievance, the Director of Human Resources shall convene a meeting to discuss the grievance. Such meeting shall include the grievant(s) and/or the designated representative(s) of the AAUP issues submitted and shall be scheduled at a time which is mutually convenient to the final and binding on all parties.
(3) The Director of Human Resources shall attempt to determine the facts pertaining to the grievance and shall notify the grievant and the AAUP in writing of his/her decision within eight (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decision.
(4) Within eight (8) days after receipt of the disposition of the Director of Human Resources, the AAUP may appeal the decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Form.
(5) By agreement, the parties may decide to advance the grievance to step two of the procedure, or to appeal directly to arbitration at step D(4) of this article.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Grievance Procedure. 1. In the event that a complaint canthe grievance is not be resolved informallythrough the informal process, the parties agree to the following governing principles for the filing and processing of formal grievances:
a. A grievance will be filed at the administrative level at which the action occurred that gives rise to the grievance, excepting only a grievance involving an action that occurred above the Chancellor's level, in which event the grievance shall pursue be filed at the Chancellor's level (i.e., Level 3).
b. Any Grievant(s) who has (have) a grievance shall submit the grievance in writing to the appropriate administrative level, specifically indicating that the matter is a grievance under this Agreement. The written grievance shall contain a statement of the facts, the provision or provisions of this Agreement that are alleged to have been violated, and the relief requested.
c. All formal grievances must be presented no later than forty-two (42) days from the date of the first step in occurrence of the matter giving rise to the grievance, or within forty- two (42) days after the Grievant(s) through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. If, however, the first date of the occurrence is after May 1 but before August 16, then written notification of intent to file a grievance must be filed at the appropriate level within the foregoing forty-two (42) day period, and the formal grievance procedure before making any application for arbitration, unless the College and the AAUP agree in writing to alter the procedure or waive one or more of the steps by proceeding directly to arbitration.
2. Upon written request of the AAUP Contract Compliance Officer, the College shall submit any requested documents in its possession which may must be necessary for investigation of the grievance. The College shall deliver such documents as soon as is reasonably possible, but presented no later than seven September 1 or forty-two (742) days after receipt from the date of the first occurrence, whichever is longer. The parties may, by mutual written agreement, extend the time limit for filing a written requestgrievance, provided that the Board shall not arbitrarily and unreasonably refuse to agree to an extension.
3d. A meeting shall be held at the administrative level at which a grievance is filed between the administrator at that level, the Grievant(s), and, if requested by the Grievant(s), an Association representative. Internal Steps The Grievant(s) and/or administrator may invite an additional person or persons to participate in the Procedure
a. Step One: The Director of Human Resources
(1meeting, provided the name(s) Within thirty (30) days of when is/are given to the AAUP learns of, or other party at least 24 hours in the exercise of reasonable diligence should have learned of, an alleged violation advance of the provisions meeting. At subsequent Levels of this Agreementthe grievance procedure a meeting may be held by the appropriate administrator if he/she believes it is necessary.
e. If a grievance is appealed to Level 2 and/or Level 3, the AAUP shall submit to the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description of the grievance, clearly labeled "grievance" containing substantially the same information as provided for on the Faculty Grievance Form.
(2) Within eight (8) days of receipt of the written grievance, the Director of Human Resources shall convene a meeting to discuss the grievance. Such meeting shall include the grievant(sGrievant(s) and/or the designated representative(s) Association representative may submit additional information or arguments in support of the AAUP and shall be scheduled at a time which is mutually convenient grievance as filed.
f. At Level 3, either the ▇▇▇▇▇▇▇ or Chancellor may respond to the parties.
grievance appealed to Level 3; provided, however, if the grievance involves an action that occurred at the ▇▇▇▇▇▇▇'▇ level, the ▇▇▇▇▇▇▇ (3or designee) The Director of Human Resources shall attempt have the right to determine the facts pertaining respond to the grievance and if it is not resolved at the ▇▇▇▇▇▇▇'▇ level, it may be appealed to the Chancellor.
g. Depending upon the administrative level at which the grievance is filed, the grievance shall notify be processed as follows.
LEVEL 1: Department/School or Program Chair/Director The Department Chair/School or Program Director shall meet with the grievant Grievant(s), and, if requested by the Grievant(s), an Association representative, to discuss the grievance within ten (10) days of the grievance filing. If no settlement of the grievance is reached, the Department Chair/School or Program Director shall provide a written answer to the Grievant(s) and the AAUP in writing of his/her decision Association within eight ten (8) 10) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decision.
(4) Within eight (8) days after receipt of the disposition of the Director of Human Resources, the AAUP may appeal the decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Form.
(5) By agreement, the parties may decide to advance the grievance to step two of the procedure, or to appeal directly to arbitration at step D(4) of this article.following such meeting. LEVEL 2: ▇▇▇▇
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Grievance Procedure. 1The parties hereto acknowledge that it is usually most desirable for a teacher and their immediately involved supervisor to resolve problems through free and informal communications. In When requested by the event that teacher, a complaint cannot representative may accompany the teacher to assist in the informal resolution of the problem or grievance. If, however, such informal process fails to satisfy the teacher, a grievance may be resolved informallyprocessed as follows:
A. The teacher, the parties shall pursue Association, or both may present the first step in the formal grievance procedure before making any application for arbitration, unless the College and the AAUP agree in writing to alter the procedure or waive one or more of the steps by proceeding directly supervisor immediately involved, who shall arrange for a meeting to arbitration.
2. Upon written request of the AAUP Contract Compliance Officer, the College shall submit any requested documents in its possession which may be necessary for investigation of the grievance. The College shall deliver such documents as soon as is reasonably possible, but no later than take place within seven (7) days after receipt of a the grievance. The written request.
3. Internal Steps in grievance shall state the Procedure
a. Step One: The Director of Human Resources
(1) Within thirty (30) days of when the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation of the provisions of this Agreement, the AAUP shall submit to the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description nature of the grievance, clearly labeled "grievance" containing substantially shall note the same information as provided for on specific clause or clauses of the Faculty Grievance Form.
(2) Within Agreement allegedly violated, and shall state the specific remedy requested. Such grievance shall be filed within twenty-eight (8) 28) days of receipt the date that the teacher should reasonably be aware of the written grievance, the Director of Human Resources shall convene a meeting event giving rise to discuss the grievance. Such meeting The principal or other administrator who has authority to make a decision on the grievance shall include the grievant(s) and/or the designated representative(s) of the AAUP make such decision and shall be scheduled at a time which is mutually convenient communicate it in writing to the parties.
(3) The Director of Human Resources shall attempt to determine the facts pertaining to the grievance teacher and shall notify the grievant and the AAUP in writing of his/her decision Association within eight (8) days in a Grievance Disposition Form or in a document containing substantially after the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decisionmeeting.
(4) Within B. In the event a grievance has not been satisfactorily resolved as the first step as outlined in Section 4.3 A of this Article, the grievant shall refer the grievance to the Superintendent or their official designee within eight (8) days after receipt of the disposition supervisor's written decision or answer at the first step. Within fourteen (14) days after such written grievance has been received by the Superintendent, the Superintendent or their designee shall hold a hearing with the grievant and a representative of the Director grievant, if desired, to resolve the grievance. Upon conclusion of Human Resourcesthe hearing, the AAUP may appeal the Superintendent shall submit his written decision in writing with reasons to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially teacher and the same information as contained in a Grievance Disposition Reaction FormAssociation within ten (10) days.
(5) By agreementC. In the event a grievance has not been resolved satisfactorily at the second step as outlined in Section 4.3 B of this Article, the parties grievant may decide to advance submit the grievance to step two binding arbitration. A request to enter into such arbitration shall be submitted in writing by the complaining party to the Board of Education and the American Arbitration Association within eight (8) days after receipt of the procedureSuperintendent's written decision. The arbitration proceeding shall be conducted by an arbitrator in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association. The American Arbitration Association will be requested to provide a panel of thirteen (13) arbitrators. Each of the two parties will alternately strike one name at a time from a panel until only one name shall remain. The remaining name shall be the arbitrator. The decision of the arbitrator will be binding.
D. The arbitrator shall have no power to amend, modify, ignore or add to the provisions of this Agreement. Their authority shall be strictly limited to deciding only the issue or issues presented to them in writing, and their decision must be based solely upon their interpretation of the meaning or application of the expressed relevant language of this Agreement.
E. Each party shall bear the full cost for its representation in the arbitration. The cost of the arbitrator and the American Arbitration Association shall be shared equally between the Board of Education and the Association or, in the case of a non-association member, by the teacher.
F. Neither the Board of Education nor the Association shall be permitted to assert any grounds before the arbitrator that were not previously disclosed to the other party.
G. The arbitrator will award appropriate relief to either the teacher, the Association, or to appeal directly to arbitration at step D(4) the Board of this articleEducation.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Grievance Procedure. 1. In If an informal grievance procedure does not resolve the grievance to the satisfaction of the EMPLOYEE, a formal grievance may be initiated. A formal grievance may be initiated no later than:
a) Five (5) work days after the event that a complaint cannot be resolved informally, or circumstances occasioning the parties shall pursue grievance; or
b) Within three (3) work days of the first step decision rendered in the formal informal grievance procedure before making any application for arbitrationprocedure, unless the College and the AAUP agree in writing to alter the procedure or waive one or more of the steps by proceeding directly to arbitrationwhichever is later.
2. Upon written request A formal grievance shall be initiated in writing on a form prescribed by the DISTRICT and shall be filed with the appropriate Department Head as the first level of appeal. Within five work days after the initiation of the AAUP Contract Compliance Officerformal grievance, the College Department Head at the first level of appeal shall submit any requested documents in its possession which may be necessary for investigation of the grievance. The College shall deliver such documents as soon as is reasonably possible, but no later than seven (7) days after receipt of a written request.
3. Internal Steps in the Procedure
a. Step One: The Director of Human Resources
(1) Within thirty (30) days of when the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation of the provisions of this Agreement, the AAUP shall submit to the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description of investigate the grievance, clearly labeled "grievance" containing substantially the same information as provided for on the Faculty Grievance Form.
(2) Within eight (8) days of receipt of the written grievance, the Director of Human Resources shall convene and give a meeting to discuss the grievance. Such meeting shall include the grievant(s) and/or the designated representative(s) of the AAUP and shall be scheduled at a time which is mutually convenient to the parties.
(3) The Director of Human Resources shall attempt to determine the facts pertaining to the grievance and shall notify the grievant and the AAUP in writing of his/her decision within eight (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decision.
(4) Within eight (8) days after receipt of the disposition of the Director of Human Resources, the AAUP may appeal the decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction FormEMPLOYEE.
(5) By agreement3. If the EMPLOYEE is not satisfied with the decision rendered, the parties EMPLOYEE may decide appeal the decision within five work days to advance the MANAGER. The MANAGER shall respond in writing within ten (10) work days to the EMPLOYEE. If the MANAGER determines that it is desirable, he shall hold conferences or otherwise investigate the matter.
4. If the EMPLOYEE or the UNION are not satisfied with the decision rendered by the MANAGER, the EMPLOYEE or the UNION may appeal the MANAGER’s decision to the DISTRICT Board of Directors. At the next regularly scheduled Board meeting, the Board shall direct the grievance to step two be heard by a hearing officer in accordance with provisions of F5, unless both the EMPLOYEE or the UNION, and the Board agree to the grievance being heard by the Board.
5. In the event the hearing is to be heard by a hearing officer, the Board and Union shall select the hearing officer by striking names alternately from a list provided by either the American Arbitration Association or the State Mediation and Conciliation Service. The hearing officer shall be an individual properly trained and experienced to conduct a comprehensive hearing on the grievance. DISTRICT Board members, DISTRICT EMPLOYEES, or continuing consultants to the DISTRICT shall not be eligible to be a hearing officer. The hearing officer shall conduct a hearing pursuant to Section 11513 of the procedureGovernment Code. The hearing officer shall render a proposed decision to the Board and shall allocate the cost of the grievance hearing, including his or her fee and the fee of a court reporter, if any, between the parties equally. The hearing officer shall render a proposed decision to the Board within ninety (90) calendar days of the conclusion of the hearing; if the hearing officer fails to render a proposed decision within such time, unless the parties mutually agree to an extension of time limits, the matter shall automatically be vacated, a new hearing officer shall be selected pursuant to the provisions of this subparagraph, and a new hearing shall be conducted utilizing a new hearing officer, and the hearing officer previously selected shall not receive payment for his/her services.
6. If the proposed decision is not adopted by the Board, the EMPLOYEE or the UNION shall be notified of such action, and the Board itself may decide the case upon the record, including the transcript, with or without taking any additional evidence, or may refer the case to appeal directly the same or another hearing officer, he shall prepare a proposed decision as provided in subparagraph d. upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. A copy of such proposed decision shall be furnished to arbitration at step D(4) the EMPLOYEE, or the UNION. The DISTRICT itself shall decide no case provided for in this subparagraph without affording the EMPLOYEE or the UNION opportunity to make oral and written argument before the DISTRICT itself. If additional oral evidence is presented before the DISTRICT itself, no DISTRICT member shall vote unless he or she has heard the additional oral evidence.
7. The decision shall be in writing and shall contain findings of this articlefact and a determination of the issues. The decision shall provide notice to the EMPLOYEE that the time within which judicial review must be sought is governed by Section 1094.6 of the Code of Civil Procedure.
Appears in 2 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding
Formal Grievance Procedure. 1. In the event that a complaint cannot be resolved informally, the parties shall pursue the first step in the formal grievance procedure before making any application for arbitration, unless the College and the AAUP agree in writing to alter the procedure or waive one or more of the steps by proceeding directly to arbitration.
2. Upon written request of the AAUP Contract Compliance Officer, the College shall submit any requested documents in its possession which may be necessary for investigation of the grievance. The College shall deliver such documents as soon as is reasonably possible, but no later than seven (7) days after receipt of a written request.
3. Internal Steps in the Procedure
a. Step One: The Director of Human Resources
(1) i. Within thirty (30) days of when the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation of the provisions of this Agreement, the AAUP shall submit to the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description of the grievance, clearly labeled "grievance" containing substantially the same information as provided for on the Faculty Grievance Form.
(2) ii. Within eight (8) days of receipt of the written grievance, the Director of Human Resources shall convene a meeting to discuss the grievance. Such meeting shall include the grievant(s) and/or the designated representative(s) of the AAUP and shall be scheduled at a time which is mutually convenient to the parties.
(3) iii. The Director of Human Resources shall attempt to determine the facts pertaining to the grievance and shall notify the grievant and the AAUP in writing of his/her their decision within eight (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decision.
(4) iv. Within eight (8) days after receipt of the disposition of the Director of Human Resources, the AAUP may appeal the decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Form.
(5) v. By agreement, the parties may decide to advance the grievance to step two of the procedure, or to appeal directly to arbitration at step D(4) of this article.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Grievance Procedure. 1A formal grievance shall be referred back to the informal process if the employee and/or Association representative attempts to bypass the Section 2 Informal Procedures without attempting to resolve the grievance at this level. In Grievances shall be processed in the event that a complaint cannot be resolved informallyfollowing manner and within the stated time limits (days as used herein shall refer to days both the aggrieved employee and administrator are on duty):
Step 1 If, according to the employee, the parties problem is not resolved informally it shall pursue be reduced to writing by the employee on the appropriate grievance form and shall be submitted by the employee as a grievance to the principal or immediate administrator within fifteen (15) days after the facts upon which the grievance is based first step in occur, or first become known, or should have become known to the formal employee. The written grievance procedure before making shall state the fact(s) upon which it is based, the issue involved, any application for arbitrationAgreement provisions allegedly violated, unless the College and the AAUP agree in writing to alter the procedure or waive one or more of the steps by proceeding directly to arbitration.
2. Upon written request of the AAUP Contract Compliance Officer, the College shall submit any requested documents in its possession which may be necessary for investigation of the grievancerelief sought. The College principal or immediate administrator shall deliver such documents as soon as is reasonably possible, but no later than seven meet with the grievant and endeavor to properly resolve the matter within fifteen (715) days after receipt of a the written grievance. The principal or immediate administrator shall give written answer to the employee within ten (10) days thereafter. An extension may be filed at the mutual agreement of the parties.
Step 2 If the grievant feels the grievance is still not resolved and wishes to appeal the grievance further, he or she may refer the matter in writing to the Superintendent within ten (10) days after receiving the principal's or immediate administrator's written answer. The Superintendent or designee shall review the matter and arrange for necessary discussions with the grievant within ten (10) days after receipt of the written grievance. The Superintendent shall give written answer to the employee within ten (10) days thereafter.
Step 3 If the grievant is unsatisfied with the disposition in Step 2 of the grievance procedure, the grievant may, within ten (10) days, request the permission of the Association to submit the matter to arbitration. The Association shall determine whether to submit the matter to arbitration and notify the employee and the District of its decision within ten (10) days of receiving the request.
3. Internal Steps in (A) The termination of services or failure to re-employ any employee to a position on the Procedure
a. Step One: The Director of Human Resourcessupplemental salary or extra pay schedule.
(1B) Within Any matter involving employee evaluation, provided that evaluation procedures shall be subject to the arbitrator's authority.
(C) Any matter involving nonrenewal, discharge, or probation where other remedy is provided by law.
(D) Any matter specifically excluded in any other provision of the Agreement. The arbitrator shall render a decision within thirty (30) calendar days following the conclusion of the arbitration hearing or submission of any post-hearing briefs. The parties shall have thirty (30) days in which to submit such briefs. Each party shall bear its own costs of when arbitration, except that the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation cost of the provisions arbitrator, court cost (reporter, hearing room, etc.) shall be shared equally by the District and the Association. The decision or award shall set forth the arbitrator's finding of this Agreementfact, the AAUP shall submit to the Director of Human Resources a completed Faculty Grievance Form or a datedreasoning, signed, written description of the grievance, clearly labeled "grievance" containing substantially the same information as provided for and conclusions on the Faculty Grievance Form.
(2) Within eight (8) days of receipt of the written grievance, the Director of Human Resources shall convene a meeting to discuss the grievance. Such meeting shall include the grievant(s) and/or the designated representative(s) of the AAUP issues submitted and shall be scheduled at a time which is mutually convenient to the final and binding on all parties.
(3) The Director of Human Resources shall attempt to determine the facts pertaining to the grievance and shall notify the grievant and the AAUP in writing of his/her decision within eight (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decision.
(4) Within eight (8) days after receipt of the disposition of the Director of Human Resources, the AAUP may appeal the decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Form.
(5) By agreement, the parties may decide to advance the grievance to step two of the procedure, or to appeal directly to arbitration at step D(4) of this article.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Grievance Procedure. A. Step One
1. If the aggrieved employee does not receive a satisfactory oral answer, or if she/he does not receive any answer at the Oral Step within three (3) mutual working days following the day of oral presentation, the aggrieved employee may reduce the grievance to writing and submit it to the appropriate supervisor.
2. A grievance must be submitted in writing within fifteen (15) working days of the occurrence of the condition(s) giving rise to the grievance, or within fifteen (15) working days of the date it is reasonable to assume that the employee(s) should reasonably have become aware of the condition(s) giving rise to the grievance, or within three (3) working days following the Oral Step, whichever is latest, in order for the matter to be considered a grievance under this Agreement.
3. The grievance shall be submitted on forms provided by the Union, dated and signed by the aggrieved employee(s) and shall set forth the facts, dates, and provisions of the Agreement that are alleged to have been violated and the remedy desired.
4. In the event that the immediate supervisor or designated representative does not answer thegrievance within ten (10) working days, the grievance may be appealed to the nexthigher step of this grievance procedure within five (5) working days after the expiration of the applicable time limit.
5. In the event the answer of the supervisor or designated representative is unacceptable to the grievant, the grievance may be appealed to the next higher step ofthis grievance procedure. Any grievance not appealed within five (5) working days after such answer shall be considered settled on the basis of the written answer of the
B. Step Two
1. If the grievant is not satisfied with the disposition of the grievance at Step One, the grievant may appeal the grievance to the administrative head of the unit or her/his designee within five (5) working days after the date of the answer. Such appeal shall be in writing as in Step One and shall state the reason(s) why the Step One disposition is not satisfactory.
2. Within ten (10) working days after receipt of such request for appeal, the administrative head or her/his designee shall hold a complaint canmeeting with the grievant in an attempt to resolve the alleged grievance. Only persons directly related to the grievance shall be present at the meeting. The grievant may be represented by the Union. Representatives of the Employer and the Union shall not exceed three (3) in number respectively (including the grievant and the supervisor).
3. Within five (5) working days following conclusion of such meetings, the administrative head or her/his designee shall provide the grievant with a written disposition of the grievance.
4. Any grievance not appealed within five (5) working days after such answer shall be considered settled on the basis of the written answer of the administrative head or her/his designee and shall not be resolved informallysubject to further appeal and/or review.
C. Step Three
1. If the grievant is not satisfied with the disposition of the grievance at Step Two, the parties grievant may appeal the grievance to the Director of Employee Relations within five (5) working days after the date of the answer. Such appeal shall pursue be in writing as in Step One and shall state the first step reason(s) why the Step Two disposition is not satisfactory.
2. Within ten (10) working days after receipt of such request for appeal, the Director of Employee Relations or her/his designee shall hold a meeting with the grievant in an attempt to resolve the formal alleged grievance. Only persons directly related to the grievance procedure before making any application for arbitration, unless shall be present at the College meeting. Representatives of the Employer and the AAUP agree Union shall not exceed four (4) in writing to alter number respectively (including the procedure or waive one or more grievant and supervisor). Three (3) of the steps Union representatives including the grievant may be active employees.
3. Within five (5) working days following conclusion of such meeting(s), the Office of Employee Relations shall provide the grievant with a written disposition of the grievance.
4. Any grievance not appealed within ten (10) working days after such answer shall be considered settled on the basis of the written answer of the Office of Employee Relations or designated representative and shall not be subject to further appeal and/or review.
5. Classification grievances may be advanced to Step Three only by proceeding directly the Union. The Office of Employee Relations or its designee will have six (6) weeks to respond with a summary of its findings. At the request of either party, a meeting will be held.
D. Step Four In the event of an unsatisfactory decision or no decision, the Union may submit the grievance to arbitration.
1. The Union will notify the Employer of its decision to arbitrate within ten (10) working days of the expiration of the decision time limit placed on Step Three. Following notification, the Union and Employer will attempt to select an arbitrator.
2. Upon written request If the parties fail to select an arbitrator within ten (10) working days after notification, the Union will submit a demand for arbitration to the American Arbitration Association within five (5) working days with a copy of the AAUP Contract Compliance Officer, demand to the College shall submit any requested documents in its possession which may be necessary for investigation of the grievance. The College shall deliver such documents as soon as is reasonably possible, but no later than seven (7) days after receipt of a written requestEmployer.
3. Internal Steps in The American Arbitration Association shall be requested by either or both parties to provide a panel of ten (10) arbitrators. The parties shall attempt to select an arbitrator from this list within ten (10) working days. If there is no selection from the Procedurelist, the American Arbitration Association shall appoint an arbitrator.
a. Step One: 4. The Director rules of Human Resources
(1) Within the American Arbitration Association shall apply to all arbitration hearings. The arbitrator shall be requested to issue her/his decision within thirty (30) days after the conclusion of when testimony argument and submission of briefs. The decision of the AAUP learns ofarbitrator will be final and binding on all parties, and judgment therein may be entered in any court of competent jurisdiction.
5. The process of expedited arbitration, under the rules of the American Arbitration Association, may be utilized by mutual written agreement of the Employer and the Union on a case-by-case basis. The arbitrator need submit only the conclusion and award in writing.
6. Fees and authorized expenses of the arbitrator shall be shared equally by the University and the Union. Verbatim transcripts of the proceedings shall be secured only with the prior mutual consent of the parties, in which case all expenses will be equally borne except for transcribed copies which shall be paid for by the requesting party.
7. The arbitrator shall have no authority to add to, subtract from, alter, change or in the exercise of reasonable diligence should have learned of, an alleged violation modify any of the provisions of this Agreement, . The decision of the AAUP arbitrator shall submit be limited to only the question(s) submitted to the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description arbitrator.
8. The arbitrator shall not substitute her/his judgment for that of the grievance, clearly labeled "grievance" containing substantially Employer where the same information as provided for on Employer's judgment and actions are based upon reasonable cause and do not violate the Faculty Grievance Formwritten provisions of this Agreement. The arbitrator shall not render any decision which would require or result in an action in violation of public statutes. The arbitrator may make no award which provides the employee compensation greater than would have resulted had there been no violation.
9. The Employer, in no event, shall be required to pay back wages for more than thirty (230) Within eight calendar days prior to the date a written grievance is filed. However, in the case of a pay shortage (8) days other than one resulting from misclassification) of receipt which the employee could not have been aware before receiving her/his pay, any adjustment shall be retroactive to the beginning of the written grievancepay period in which the shortage occurred, if the Director Employee files her/his grievance within thirty (30) working days after she/he becomes aware of Human Resources shall convene a meeting to discuss the grievancesuch shortage. Such meeting shall include the grievant(s) and/or the designated representative(s) of the AAUP and All claims for back wages shall be scheduled at a time which is mutually convenient limited to the partiesamount of wages that the employee otherwise would have earned less any unemployment compensation, or additional or new wages for personal services that she/he may have received from any source during the period in question.
(3) 10. The Director of Human Resources arbitrator shall attempt have no authority to determine the facts pertaining establish wage and salary scales, rates on new or changed jobs, to the grievance and shall notify the grievant and the AAUP in writing of his/her decision within eight (8) days in a Grievance Disposition Form change any wage or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decision.
(4) Within eight (8) days after receipt of the disposition of the Director of Human Resources, the AAUP may appeal the decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Form.
(5) By agreement, the parties may decide to advance the grievance to step two of the proceduresalary rate, or to appeal directly change classification descriptions.
11. Excluded from arbitration are disputes and unresolved grievances concerning merit increases beyond the normal increases.
12. If a grievance is appealed to arbitration at step D(4) and the arbitrator finds no authority to rule on such case, the matter shall be returned to the parties without decision or recommendation on the merits of this articlethe case.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Grievance Procedure. 1. In the event that a complaint cannot be resolved informally, the parties shall pursue the first step in the formal If an informal grievance procedure before making any application for arbitration, unless does not resolve the College and grievance to the AAUP agree in writing to alter the procedure or waive one or more satisfaction of the steps by proceeding directly to arbitrationEMPLOYEE, a Formal Grievance may be initiated. A Formal Grievance may be initiated no later than ten (10) work days from the response of the informal grievance meeting.
2. Upon written request A Formal Grievance shall be initiated in writing on a form prescribed by the DISTRICT and shall be filed with the appropriate Department Head as the first level of appeal. Within ten (10) work days after the initiation of the AAUP Contract Compliance OfficerFormal Grievance, the College Department Head at the first level of appeal shall submit any requested documents in its possession which may be necessary for investigation of the grievance. The College shall deliver such documents as soon as is reasonably possible, but no later than seven (7) days after receipt of a written request.
3. Internal Steps in the Procedure
a. Step One: The Director of Human Resources
(1) Within thirty (30) days of when the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation of the provisions of this Agreement, the AAUP shall submit to the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description of investigate the grievance, clearly labeled "grievance" containing substantially including meeting with the same information as provided for on the Faculty Grievance Form.
(2) Within eight (8) days of receipt of the written grievanceEMPLOYEE and representative, the Director of Human Resources shall convene and give a meeting to discuss the grievance. Such meeting shall include the grievant(s) and/or the designated representative(s) of the AAUP and shall be scheduled at a time which is mutually convenient to the parties.
(3) The Director of Human Resources shall attempt to determine the facts pertaining to the grievance and shall notify the grievant and the AAUP in writing of his/her decision within eight (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decision.
(4) Within eight (8) days after receipt of the disposition of the Director of Human Resources, the AAUP may appeal the decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction FormEMPLOYEE.
(5) By agreement3. If the EMPLOYEE is not satisfied with the decision rendered, the parties EMPLOYEE may decide appeal the decision within ten (10) work days to advance the MANAGER. The MANAGER shall respond in writing within ten (10) work days to the EMPLOYEE. If the MANAGER determines that it is desirable, he shall hold conferences or otherwise investigate the matter.
4. If the EMPLOYEE or the UNION is not satisfied with the decision rendered by the MANAGER, the EMPLOYEE or the UNION may appeal the MANAGER’s decision to the DISTRICT Board of Directors.
5. Upon receipt of the appeal, at the next regularly scheduled Board meeting, the Board shall request a list of seven (7) arbitrators from either the American Arbitration Association or State Mediation and Conciliation Service. Once that list is received, the Board and the EMPLOYEE or the UNION shall select the Arbitrator to hear the grievance by alternate striking of names from said list until only one name remains or until both parties agree on the person to step two hear the arbitration. The party to strike first shall be determined by coin toss. Nothing shall preclude the parties from agreeing to an Arbitrator without resorting to a list of names. The Arbitrator shall be an individual properly trained and experienced to conduct a comprehensive hearing on the grievance. DISTRICT Board members, DISTRICT EMPLOYEES, or continuing consultants to the DISTRICT shall not be eligible to be a hearing officer. Upon receipt of the procedurename of the selected Arbitrator, the MANAGER shall contact the EMPLOYEE or the UNION and arrange for the earliest hearing date mutually agreeable to appeal directly the Arbitrator, the EMPLOYEE or the UNION, and the DISTRICT. The hearing officer shall conduct a hearing pursuant to arbitration at step D(4) Section 11513 of this article.the Government Code. The hearing officer shall render a proposed decision to the Board and shall allocate the cost of the grievance hearing, including his or her fee and the fee of a court reporter, if any, between the parties equally. The hearing officer shall render a proposed decision to the Board within ninety
Appears in 1 contract
Sources: Memorandum of Understanding
Formal Grievance Procedure. 1An employee whose grievance is not satisfactorily resolved by the informal procedure described in Section 5 may institute a formal grievance. In The formal grievance shall conform to the event that a complaint cannot following:
a. All formal grievances shall be resolved informally, in writing on the parties shall pursue form included in this Appendix;
b. Within five (5) days after receipt of the first step supervisor’s oral decision in the formal grievance procedure before making any application proceeding, the grievant may file a formalgrievance on the form prescribed. The grievant shall provide the necessary information called for arbitration, unless at the College and the AAUP agree in writing to alter the procedure or waive one or more top of the steps by proceeding directly to arbitration.
2. Upon written request form and in Steps I and II of the AAUP Contract Compliance Officergrievance form in clearly legible writing, printing, or typing. The grievant shall file the College original form with the immediate supervisor;
c. The immediate supervisor shall submit any requested documents in its possession which may be necessary for investigation meet with the grievant within five (5) days after filing of the grievance form for discussion of the formal grievance. The College immediate supervisor shall deliver such complete “Supervisor’s Decision” portion of the form and return it to the grievant within seven (7) days after their meeting. A copy of the supervisor’s decision and attached grievance documents as soon as is reasonably possible, but no later than shall also be filed with the Human Resources Director;
d. The grievant may appeal the decision of the immediate supervisor by completing the first part of Step III of the grievance form and filing t with the next higher level of supervision (identified by the Department Head) and to the Department Head within seven (7) days after receipt of the supervisor’s decision. The functions of the Department Head may be performed by the Department Head’s duly authorized representative;
e. The person occupying the next higher level of supervision together with the Department Head, or representative, shall meetwith the grievant within ten (10) days after filing of the appeal for discussion of the grievance. The Department Head shall complete the rest of the Step III “Department Head’s Response” and return it to the employee within fifteen (15) days after the meeting. A copy of the Department Head’s response and any attached grievance documents shall also be filed with the Human Resources Director;
f. The grievantmay appeal the decision of the Department Head by filing a written request.
request for an appeal to the Human Resources Director within fifteen (15) days after receipt of the Department Head’s decision. The Human Resources Director shall immediately deliver a copy of the written appeal to the Department Head. The grievant shall within three (3. Internal Steps in the Procedure
a. Step One: The Director of Human Resources
(1) Within thirty (30) days of when filing the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation of the provisions of this Agreement, the AAUP shall appeal to submit to the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description Director the name of the grievanceGrievance Appeals Committee member selected by the grievant or the Association. The Human Resources Director shall select a Committee member to represent the Human Resources Director and then provide assistance as necessary to select the third Committee member in accordance with the selection process in Section 1(c), clearly labeled "grievance" containing substantially the same information as provided for on the Faculty Grievance Form.
(2) Within eight (8) days of receipt above. The grievant’s written appeal shall provide full details of the written facts of the grievance and why the Department Head’s response did not satisfactorily resolve the grievance;
g. To the extent possible, the Director of Human Resources Grievance Appeals Committee shall convene a meeting schedule the appeal for hearing to discuss occur not later than ten (10) days from the grievance. Such meeting shall include the grievant(s) and/or the designated representative(s) of the AAUP and shall be scheduled at a time which is mutually convenient to the parties.
date all three (3) The Director members of Human Resources shall attempt to determine the facts pertaining to the grievance Committee are selected and shall promptly notify the grievant and the AAUP in writing of his/her decision within eight (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details Department Head of the reasons time and place at which support the appeal will be considered. The Committee may reach an announce its advisory decision at the close of the hearing or it may retire and deliberate in private before announcing its advisory decision. In order to be properly reached, an advisory decision by the Committee must be agreed upon by at least two (2) members, be in writing, and show both the findings of fact and reasoning of the decision.
. The Committee shall deliver, with proof of service, a copy of its advisory decision to the Department Head, the grievant, the Association, and the Human Resources Director within ten (410) Within eight (8) days after receipt conclusion of the disposition hearing. The decision of the Director of Human Resources, Grievance Appeals Committee shall be advisory and shall not be binding on the AAUP may appeal the Department Head. The decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Form.
(5) By agreement, the parties may decide to advance the grievance to step two of the procedure, Grievance Appeals Committee may not be appealed further through any grievance or to appeal directly to arbitration at step D(4) of this articleprocess established for Sonoma County employees.
Appears in 1 contract
Sources: Memorandum of Understanding
Formal Grievance Procedure. 1. In An employee whose grievance is not satisfactorily resolved by the event that informal procedure may institute a complaint cannot be resolved informally, the parties shall pursue the first step in the formal grievance procedure before making any application for arbitration, unless the College and the AAUP agree in writing to alter the procedure or waive one or more of the steps by proceeding directly to arbitration.
2. Upon written request of the AAUP Contract Compliance Officer, the College shall submit any requested documents in its possession which may be necessary for investigation of the grievance. The College formal grievance shall deliver such documents as soon as is reasonably possible, but no later than seven conform to the following:
(7a) All formal grievances shall be in writing on the form appended to this resolution. A supply of forms shall be maintained in each department and shall be readily accessible to all employees.
(b) Within five (5) days after receipt of the supervisor's decision in the informal proceeding, the grievant may file a formal grievance on the form prescribed. The grievant shall provide the necessary information called for at the top of the form and in Steps I and II of the Grievance form in clearly legible writing, printing, or typing. The grievant shall file the original form with the immediate supervisor.
(c) The immediate supervisor shall meet with the grievant within five (5) days after filing of the grievance form for discussion of the formal grievance. The immediate supervisor shall complete "Supervisor's decision" portion of the form and return it to the grievant within five (5) days after their meeting. A copy of the supervisor's decision and attached grievance documents shall also be filed in the file with the Human Resources Director.
(d) The grievant may appeal the decision of the immediate supervisor by completing the first part of Step III of the grievance form and filing it with the grievant's appointing authority within five (5) days after receipt of the supervisor's decision. The functions of the appointing authority hereunder may be performed by the appointing authority's duly authorized representative.
(e) The appointing authority shall meet with the grievant within five (5) days after filing of the appeal for discussion of the grievance. If the matter is controlled in whole or in part by another department head(s), such department head(s) shall be consulted and made a party to the grievance. The grievant's appointing authority shall complete the rest of the Step III ("Appointing Authority response") and return it to the employee within fifteen (15) days after such meeting. A copy of the appointing authority's response and any attached grievance documents shall also be filed with the Human Resources Director and any department head(s) made party to the grievance.
(f) The grievant may appeal from the decision of the appointing authority by filing a written requestrequest for such appeal to the Human Resources Director within five (5) days after receipt of the appointing authority's decision. The Human Resources Director shall immediately deliver a copy of the written appeal to the grievant's appointing authority. The Human Resources Director shall then obtain the name of the Grievance Appeals Committee member selected by the grievant or the grievant's recognized employee organization. The Human Resources Director shall select a Committee member to represent the Human Resources Director and then provide assistance as necessary to select the third Committee member in accordance with the selection process in Section 1(c), above. The grievant's written appeal shall provide full details of the facts of the grievance and why the appointing authority's response did not satisfactorily resolve the grievance.
3(g) The Grievance Appeals Committee shall schedule the appeal for hearing not later than twenty (20) days after the filing of the grievance and shall forthwith notify the ▇▇▇▇▇▇▇▇ and the grievant's appointing authority and any department head(s) made party to the grievance of the time and place at which the appeal will be considered. Internal Steps The Committee may reach and announce a decision at the close of the hearing or it may retire and deliberate in private before announcing its decision. In order to be properly reached, a decision by the Committee must be agreed upon by at least two (2) members, be in writing and show both the findings of facts and the reasoning behind the decision. The Committee shall deliver with proof of service, a copy of its decision to the appointing authority, and the grievant, and any department head(s) made party to the grievance, within ten (10) days after conclusion of the hearing.
(h) Either the grievant or the appointing authority or any department head(s) made party to the grievance may appeal the decision of the Grievance Appeals Committee by filing a written appeal with the other party, with the Human Resources Director and with the Clerk of the Board of Supervisors within five (5) days after receipt of the decision of the Appeals Committee. The Board of Supervisors shall have the discretion to decide the grievance and render a final decision based solely on a review of the grievance records or it shall schedule the appeal for a public hearing in a manner the Board deems appropriate. If the Board chooses to decide the grievance based on the record, it shall render a final decision in the Procedure
a. Step One: form of a Resolution within a reasonable period of time not to exceed 30 days from the date the Clerk of the Board received the appeal. If the Board of Supervisors chooses to hear the grievance, the Clerk of the Board of Supervisors shall give written notice of the time and place of the hearing to the grievant and the appointing authority. The Director Board of Human Resources
(1) Within Supervisors shall hear and determine the grievance within a reasonable period of time not to exceed thirty (30) days of when from the AAUP learns of, or in date the exercise of reasonable diligence should have learned of, an alleged violation Clerk of the provisions of this AgreementBoard received the appeal. The grievant, the AAUP shall submit to the Director of Human Resources a completed Faculty Grievance Form appointing authority or a dated, signed, written description of the grievance, clearly labeled "grievance" containing substantially the same information as provided for on the Faculty Grievance Form.
(2any department head(s) Within eight (8) days of receipt of the written grievance, the Director of Human Resources shall convene a meeting to discuss the grievance. Such meeting shall include the grievant(s) and/or the designated representative(s) of the AAUP and shall be scheduled at a time which is mutually convenient to the parties.
(3) The Director of Human Resources shall attempt to determine the facts pertaining made party to the grievance and their representatives, may appear and present their arguments in front of the Board. The decision of the Board of Supervisors shall notify be evidenced by a Resolution of the grievant Board. The Clerk shall mail to the employee, the appointing authority, any department head(s) made party to the grievance, and the AAUP in writing of his/her decision within eight (8) days in Human Resources Director a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details copy of the reasons which support the decision.
(4) Within eight (8) days after receipt Board's Resolution. The decision of the disposition Board of the Director Supervisors shall be final. Job Code Job Title A Step Rate (July 19, 2016) A Step Rate (March 14, 2017) 0999 Water Agency Land Surveyor 56.40 58.09 1000 Licensed Land Surveyor 39.64 40.83 1010 Junior Engineer 30.69 31.61 1011 Assistant Engineer 35.43 36.49 1012 Engineer 42.15 43.41 1014 Senior Engineer 46.42 47.81 1021 Water Agency Engineer I 40.55 41.77 1022 Water Agency Engineer Ii 46.81 48.21 1023 Water Agency Engineer Iii 55.67 57.34 1028 Assistant Air Quality Engineer 35.43 36.49 1029 Air Quality Engineer 41.32 42.56 1032 Water Agency Engineer Iv 61.24 63.08 1033 Water Agency Hydrogeologist Iv 61.24 63.08 1071 Water Agency Hydrogeologist I 40.55 41.77 1072 Water Agency Hydrogeologist Ii 46.81 48.21 1073 Water Agency Hydrogeologist Iii 55.67 57.34 1081 Professional Geologist 42.15 43.41 INDEX Access to Work Locations 5 Active Employee Health Plans 19 Additional HRA - Eligibility 30 Appeal of Human ResourcesImplementation 48 Appeal Process 48 APPENDIX A - COUNTY GRIEVANCE PROCEDURE 57 APPENDIX B - SALARY TABLES 61 Assignment of Overtime 14 Authorization of Use of Compensatory Time Off (CTO) 14 Bulletin Boards 6 Civil Service Commission Authority 50 Classification Study Requests 12 COBRA 25 COMMUNICATIONS 6 COMPASSIONATE LEAVE 43 COMPENSATION BENEFITS 14 Compensatory Time Off (CTO) Accrual 14 Consent For Union Representative To Review Records 6 Continuation of Health Benefits Coverage 25 Continuing Education - Approval by Appointing Authority 16 Continuing Education Courses 16 Contracting Out Bargaining Unit Work – Council Notice 7 Copies of Personnel File Documents 6 County Contribution toward Active Employee Medical Benefits 20 County Contribution toward Retiree Medical Plans - Employees Hired Before 1/1/2009 27 County Contribution toward Retiree Medical Plans - Employees Hired On or After 1/1/2009, the AAUP may appeal the decision Effective 1/1/2009 28 County Offered Medical Plan(s) 19 County Participation 15 County Rights 7 COURT LEAVE 43 DEFINITIONS 3 Definitions - Full-Time/Part-Time Employees 46 Dental Benefits 20 Determining Training Needs 16 DIRECT DEPOSIT 51 Disability Leave 45 DISCIPLINE NOTICE AND HEARING - WATER AGENCY 46 Discipline Process 46 DUES CHECK-OFF 6 Effective Date of Merit Increase 11 Employee Assistance Program 23 Employee Attendance Selection 17 EMPLOYEE NOTIFICATION OF REPRESENTATION 5 EMPLOYMENT IN MORE THAN ONE POSITION 49 Enrollment in writing County Offered Health (Medical, Dental, Vision, Life Insurance) Plans 19 Family Care & Medical Leave 39 Financial Resource Options 15 Full Performance 49 FULL UNDERSTANDING, MODIFICATION, WAIVER 50 General Provision 46 General Provisions 45 GRIEVANCE PROCEDURE 49 Grievance Processing 5 HEALTH AND WELFARE BENEFITS FOR ACTIVE EMPLOYEES 19 HOLIDAYS 31 Holidays - Observed 32 Holidays - Compensation – Employees on Leave Without Pay 33 Holidays - Compensation – Working on Holidays 32 Holidays - Compensations Full-Time – Employees Not Scheduled to the College Grievance Officer, Work 32 Holidays - Paid 31 HOURS AND OVERTIME 13 Incorporate Side Letters Into MOU 51 In-Service Training - Financial Resource Options 16 In-Service Training - Program Description 16 Inspection of Personnel Files 5 JURY DUTY 44 Labor Management Meetings – Health Benefits 26 Layoff - Appeals 48 Layoff – Medical Severance Coverage 26 Layoff Notice 47 LAYOFF POLICY - WATER AGENCY 47 LEAVE FOR CANDIDATES FOR PUBLIC OFFICE - WATER AGENCY 44 LEAVE PENDING DISCIPLINARY ACTION 44 LEAVE WITHOUT PAY - WATER AGENCY 45 Leaves of Absence Without Pay - Applies to All Leaves Without Pay 42 Licensed Land Surveyor Appointed by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information Board of Supervisors as contained in a Grievance Disposition Reaction Form.
(5) By agreement, the parties may decide to advance the grievance to step two County Surveyor 15 Lock-Out - Prohibited During Term 50 Long-Term Disability – Claims Dispute 23 MANAGEMENT RIGHTS 6 MEDICAL BENEFITS FOR FUTURE RETIREES 27 Medical Exam 45 Medical Examinations - Water Agency 51 Meeting Space 5 Memorandum of the procedure, or to appeal directly to arbitration at step D(4) Understanding – Distribution 6 Merit Advancement Within Salary Scale 11 Messenger Service 6 MILEAGE REIMBURSEMENT 15 Military Service 45 MOU - Full Force and Effect 51 MOU - Full Understanding 50 MOU - Invalidation of this article.Article/Section 51 MOU - Meet and Confer Waiver 50 MOU - Modification 50 MOU - Non-Precedent Setting 50 NO BREAK IN SERVICE 44 NO DISCRIMINATION 51 NO STRIKE 49 Non-Grievability 19 Non-Grieveable/Non-Arbitrability 18 Notary Services 18 Order of Restoration 48 Other Than Full/Part-Time Employees 46 Overtime Compensated 14 Overtime Defined 14 Part-Time Employees 32 Part-Time Employees – Health Benefits 22 Payment for Unused Vacation 34 PERSONAL PROPERTY REIMBURSEMENT 49 PERSONNEL FILES 5 PHONE WORK COMPENSATION 15 Plan Documents and Other Controlling Documents 26 PREAMBLE 2 Protected Activities - Council 49 Purpose of Article 12 Hours and Overtime 13 RECOGNITION 2 Records That Cannot Be Reviewed 5 Reopeners 54 REOPENERS 54 Required Documentation 38 Reservation of Rights 6 Restoration 47 Retiree Medical Coverage 27
Appears in 1 contract
Sources: Memorandum of Understanding
Formal Grievance Procedure. 1. In An employee whose grievance is not satisfactorily resolved by the event that informal procedure may institute a complaint cannot be resolved informally, the parties shall pursue the first step in the formal grievance procedure before making any application for arbitration, unless the College and the AAUP agree in writing to alter the procedure or waive one or more of the steps by proceeding directly to arbitration.
2. Upon written request of the AAUP Contract Compliance Officer, the College shall submit any requested documents in its possession which may be necessary for investigation of the grievance. The College formal grievance shall deliver such conform to the following:
(a) All formal grievances shall be in writing on the form appended to this resolution. A supply of forms shall be maintained in each department covered by this procedure and shall be readily accessible to all employees.
(b) Within five (5) days after receipt of the supervisor’s oral decision in the informal proceeding, the grievant may file a formal grievance on the form prescribed. The grievant shall provide the necessary information called for at the top of the form and in Steps I and II of the grievance form in clearly legible writing, printing, or typing. The grievant shall file the original form with the immediate supervisor.
(c) The immediate supervisor shall meet with the grievant within five (5) days after filing of the grievance form for discussion of the formal grievance. The immediate supervisor shall complete “Supervisor’s Decision” portion of the form and return it to the grievant within seven (7) days after their meeting. A copy of the supervisor’s decision and attached grievance documents as soon as is reasonably possible, but no later than shall also be filed with the Human Resources Director.
(d) The grievant may appeal the decision of the immediate supervisor by completing the first part of Step III of the grievance form and filing it with the next higher level of supervision (identified by the department head) and to the grievant’s department head within seven (7) days after receipt of a written requestthe supervisor’s decision. The functions of the department head hereunder may be performed by the department head’s duly authorized representative.
3. Internal Steps in (e) The person occupying the Procedure
a. Step One: The Director next higher level of Human Resources
supervision together with the department head, or representative, shall meet with the grievant within ten (1) Within thirty (3010) days of when the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation after filing of the provisions of this Agreement, the AAUP shall submit to the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description appeal for discussion of the grievance, clearly labeled "grievance" containing substantially . The grievant’s department head shall complete the same information as provided for on the Faculty Grievance Form.
(2) Within eight (8) days of receipt rest of the written grievance, the Director of Human Resources shall convene a meeting to discuss the grievance. Such meeting shall include the grievant(s) and/or the designated representative(s) of the AAUP Step III “Department Head’s Response” and shall be scheduled at a time which is mutually convenient return it to the parties.
(3) The Director of Human Resources shall attempt to determine the facts pertaining to the grievance and shall notify the grievant and the AAUP in writing of his/her decision employee within eight (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decision.
(4) Within eight (8) days after receipt of the disposition of the Director of Human Resources, the AAUP may appeal the decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Form.
(5) By agreement, the parties may decide to advance the grievance to step two of the procedure, or to appeal directly to arbitration at step D(4) of this article.fifteen
Appears in 1 contract
Sources: Memorandum of Understanding
Formal Grievance Procedure. 1. In An employee whose grievance is not satisfactorily resolved by the event that informal procedure may institute a complaint cannot be resolved informally, the parties shall pursue the first step in the formal grievance procedure before making any application for arbitration, unless the College and the AAUP agree in writing to alter the procedure or waive one or more of the steps by proceeding directly to arbitration.
2. Upon written request of the AAUP Contract Compliance Officer, the College shall submit any requested documents in its possession which may be necessary for investigation of the grievance. The College formal grievance shall deliver such conform to the following:
a. All formal grievances shall be in writing on the form appended to this resolution. A supply of forms shall be maintained in each department covered by this procedure and shall be readily accessible to all employees.
b. Within five (5) days after receipt of the supervisor's oral decision in the informal proceeding, the grievant may file a formal grievance on the form prescribed. The grievant shall provide the necessary information called for at the top of the form and in Steps I and II of the grievance form in clearly legible writing, printing, or typing. The grievant shall file the original form with the immediate supervisor.
c. The immediate supervisor shall meet with the grievant within five (5) days after filing of the grievance form for discussion of the formal grievance. The immediate supervisor shall complete "Supervisor's Decision" portion of the form and return it to the grievant within five (5) days after their meeting. A copy of the supervisor's decision and attached grievance documents as soon as is reasonably possible, but no later than shall also be filed with the Human Resources Director.
d. The grievant may appeal the decision of the immediate supervisor by completing the first part of Step III of the grievance form and filing it with the next higher level of supervision (identified by the department head) and to the grievant's department head within seven (7) days after receipt of a written requestthe supervisor's decision. The functions of the department head hereunder may be performed by the department head's duly authorized representative.
3. Internal Steps in e. The person occupying the Procedure
a. Step One: The Director next higher level of Human Resources
supervision together with the department head, or representative, shall meet with the grievant within ten (1) Within thirty (3010) days of when the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation after filing of the provisions of this Agreement, the AAUP shall submit to the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description appeal for discussion of the grievance, clearly labeled . The grievant's department head shall complete the rest of the Step III "grievanceDepartment Head's Response" containing substantially and return it to the same information as provided for on employee within fifteen (15) days after such meeting. A copy of the Faculty Grievance Formdepartment head's response and any attached grievance documents shall also be filed with the Human Resources Director.
(2) Within eight (8) days of receipt f. The grievant may appeal the decision of the department head by filing a written grievance, request for such appeal to the Director of Human Resources shall convene a meeting to discuss the grievance. Such meeting shall include the grievant(sDirector within fifteen (15) and/or the designated representative(s) of the AAUP and shall be scheduled at a time which is mutually convenient to the parties.
(3) The Director of Human Resources shall attempt to determine the facts pertaining to the grievance and shall notify the grievant and the AAUP in writing of his/her decision within eight (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decision.
(4) Within eight (8) days after receipt of the disposition department head's decision. The Human Resources Director shall immediately deliver a copy of the Director of Human Resources, the AAUP may written appeal the decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Form.
(5) By agreement, the parties may decide to advance the grievance to step two of the procedure, or to appeal directly to arbitration at step D(4) of this article.grievant’s department head. The grievant shall within three
Appears in 1 contract
Sources: Memorandum of Understanding
Formal Grievance Procedure. 1. In the event that a complaint cannot be resolved informally, the parties shall pursue the first step in the formal grievance procedure before making any application for arbitration, unless the College and the AAUP agree in writing to alter the procedure or waive one or more of the steps by proceeding directly to arbitration.
2. Upon written request of the AAUP Contract Compliance Grievance Officer, the College shall submit any requested documents in its possession which may be necessary for investigation of the grievance. The College shall deliver such documents as soon as is reasonably possible, but no later than seven (7) days after receipt of a written request.
3. Internal Steps in the Procedure
a. Step One: The Director of Human Resources
(1i) Within thirty (30) days of when the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation of the provisions of this Agreement, the AAUP shall submit to the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description of the grievance, clearly labeled "“grievance" ,” containing substantially the same information as provided for on the Faculty Grievance Form.
(2ii) Within eight (8) days of receipt of the written grievance, the Director of Human Resources shall convene a meeting to discuss the grievance. Such meeting shall include the grievant(s) and/or the designated representative(s) of the AAUP and shall be scheduled at a time which is mutually convenient to the parties.
(3iii) The Director of Human Resources shall attempt to determine the facts pertaining to the grievance and shall notify the grievant and the AAUP in writing of his/her decision within eight (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decision.
(4iv) Within eight (8) days after receipt of the disposition of the Director of Human Resources, the AAUP may appeal the decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Form.
(5v) By agreementAt its sole discretion, the parties may AAUP shall decide whether to advance the grievance to step two of the procedure, or to appeal directly to arbitration at step D(4(D)(4) of this article.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Formal Grievance Procedure. 1. In the event that a complaint cannot be resolved informally, the parties shall pursue the first step in Step I
a) The filing of the formal written grievance procedure before making any application for arbitration, unless at this step must be within ten (10) days of the College and completion of the AAUP agree informal resolution process. The grievance must be formally presented in writing to alter the procedure or waive one or more same appropriate supervisor.
b) The formal written grievance shall clearly identify all grievants, summarize all relevant facts, identify all provisions of the steps by proceeding directly agreement allegedly violated, describe the remedy which is requested, and must be presented formally in writing to arbitrationthe appropriate supervisor who will arrange for a meeting to be held within ten (10) days to review the grievance.
c) The supervisor shall provide a written answer to the grievant (with a copy to the Senate if the Senate is not the grievant) within ten (10) days of the meeting. The answer shall include the reasons for the decision.
2. Upon written request Step II
a) If the grievance is not resolved at the preceding step, the Senate or designee may refer it to the College President or designee by filing the same in writing within ten (10) days of receipt of the AAUP Contract Compliance Officer, answer from the appropriate supervisor. The College shall submit any requested documents in its possession which may President or designee will arrange for a meeting to be necessary for investigation held within ten (10) days of such referral to review the grievance. The College Each party shall deliver have the right to include in its representation such documents witnesses and counselors as soon as it deems necessary to develop facts pertinent to the grievance. A written answer including reasons shall be provided to the grievant (with a copy to the Senate if the Senate is reasonably possible, but no later than seven not a party to the grievance) within ten (710) days after receipt of the meeting provided for in this paragraph.
b) If the grievance arises from a written requestdecision at the College President's level, the grievance may be initiated at Step II (a), provided such is filed within the time limits prescribed in Step I (a).
3. Internal Steps in Step III
a) If the Proceduregrievance is not resolved at the College President's level, the Senate may submit it to arbitration, providing written notice indicating such is filed with the College President or designee within fifteen (15) days of the answer at the C ol l e ge President's level, or if no answer is filed within fifteen (15) days of the last day on which such answer was due. The Senate shall promptly request of the American Arbitration Association that it provide panel(s) of qualified arbitrators from which the parties may make a selection pursuant to the practices of that Association which shall also serve as the administrator of the proceedings.
a. Step One: b) The Director decision of Human Resources
(1) Within the arbitrator shall be binding and shall be submitted to the Board of Trustees for its consideration no later than thirty (30) days of when the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation following receipt of the provisions of arbitrator's recommendation. In making his recommendation, the arbitrator shall not add to or enlarge upon this Agreement, and any suggested remedy, if appropriate, shall conform to Illinois law. The arbitrator shall rely on established past practice in interpreting the AAUP Agreement, but shall submit to not alter, amend, modify or ignore the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description express language of the grievance, clearly labeled "grievance" containing substantially the same information as provided for on the Faculty Grievance Form.
(2) Within eight (8) days of receipt Agreement in rendering their recommendation. The fees and expenses of the written grievance, the Director of Human Resources shall convene a meeting to discuss the grievance. Such meeting shall include the grievant(s) and/or the designated representative(s) arbitrator and of the AAUP and American Arbitration Association shall be scheduled at a time which is mutually convenient to shared equally by the parties.
(3) The Director of Human Resources shall attempt to determine the facts pertaining to the grievance and shall notify the grievant Board and the AAUP in writing Senate. The parties likewise shall share the expense of his/her decision within eight (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Formany transcript(s) which they may jointly request, but all other expenses which may be incurred by either party shall include written details of the reasons which support the decisionbe borne by that party.
(4) Within eight (8) days after receipt of the disposition of the Director of Human Resources, the AAUP may appeal the decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Form.
(5) By agreement, the parties may decide to advance the grievance to step two of the procedure, or to appeal directly to arbitration at step D(4) of this article.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Formal Grievance Procedure. 1An employee whose grievance is not satisfactorily resolved by the informal procedure described in Section 5 may institute a formal grievance. In The formal grievance shall conform to the event that a complaint cannot following:
a. All formal grievances shall be resolved informally, in writing on the parties shall pursue form included in this Appendix;
b. Within five (5) days after receipt of the first step supervisor’s oral decision in the formal proceeding, the grievant may file a formal grievance procedure before making any application on the form prescribed. The grievant shall provide the necessary information called for arbitration, unless at the College and the AAUP agree in writing to alter the procedure or waive one or more top of the steps by proceeding directly to arbitration.
2. Upon written request form and in Steps I and II of the AAUP Contract Compliance Officergrievance form in clearly legible writing, printing, or typing. The grievant shall file the College original form with the immediate supervisor;
c. The immediate supervisor shall submit any requested documents in its possession which may be necessary for investigation meet with the grievant within five (5) days after filing of the grievance form for discussion of the formal grievance. The College immediate supervisor shall deliver such complete “Supervisor’s Decision” portion of the form and return it to the grievant within seven (7) days after their meeting. A copy of the supervisor’s decision and attached grievance documents as soon as is reasonably possible, but no later than shall also be filed with the Human Resources Director;
d. The grievant may appeal the decision of the immediate supervisor by completing the first part of Step III of the grievance form and filing t with the next higher level of supervision (identified by the Department Head) and to the Department Head within seven (7) days after receipt of the supervisor’s decision. The functions of the Department Head may be performed by the Department Head’s duly authorized representative;
e. The person occupying the next higher level of supervision together with the Department Head, or representative, shall meet with the grievant within ten (10) days after filing of the appeal for discussion of the grievance. The Department Head shall complete the rest of the Step III “Department Head’s Response” and return it to the employee within fifteen (15) days after the meeting. A copy of the Department Head’s response and any attached grievance documents shall also be filed with the Human Resources Director;
f. The grievant may appeal the decision of the Department Head by filing a written request.
request for an appeal to the Human Resources Director within fifteen (15) days after receipt of the Department Head’s decision. The Human Resources Director shall immediately deliver a copy of the written appeal to the Department Head. The grievant shall within three (3. Internal Steps in the Procedure
a. Step One: The Director of Human Resources
(1) Within thirty (30) days of when filing the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation of the provisions of this Agreement, the AAUP shall appeal to submit to the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description Director the name of the grievanceGrievance Appeals Committee member selected by the grievant or the Association. The Human Resources Director shall select a Committee member to represent the Human Resources Director and then provide assistance as necessary to select the third Committee member in accordance with the selection process in Section 1(c), clearly labeled "grievance" containing substantially the same information as provided for on the Faculty Grievance Form.
(2) Within eight (8) days of receipt above. The grievant’s written appeal shall provide full details of the written facts of the grievance and why the Department Head’s response did not satisfactorily resolve the grievance;
g. To the extent possible, the Director of Human Resources Grievance Appeals Committee shall convene a meeting schedule the appeal for hearing to discuss occur not later than ten (10) days from the grievance. Such meeting shall include the grievant(s) and/or the designated representative(s) of the AAUP and shall be scheduled at a time which is mutually convenient to the parties.
date all three (3) The Director members of Human Resources shall attempt to determine the facts pertaining to the grievance Committee are selected and shall promptly notify the grievant and the AAUP in writing of his/her decision within eight (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details Department Head of the reasons time and place at which support the appeal will be considered. The Committee may reach and announce its advisory decision at the close of the hearing or it may retire and deliberate in private before announcing its advisory decision. In order to be properly reached, an advisory decision by the Committee must be agreed upon by at least two (2) members, be in writing, and show both the findings of fact and reasoning of the decision.
. The Committee shall deliver, with proof of service, a copy of its advisory decision to the Department Head, the grievant, the Association, and the Human Resources Director within ten (410) Within eight (8) days after receipt conclusion of the disposition hearing. The decision of the Director of Human Resources, Grievance Appeals Committee shall be advisory and shall not be binding on the AAUP may appeal the Department Head. The decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Form.
(5) By agreement, the parties may decide to advance the grievance to step two of the procedure, Grievance Appeals Committee may not be appealed further through any grievance or to appeal directly to arbitration at step D(4) of this articleprocess established for Sonoma County employees.
Appears in 1 contract
Sources: Memorandum of Understanding
Formal Grievance Procedure. 1. In the event that a complaint cannot be resolved informally, the parties shall pursue the first step in the 3.1 A formal grievance procedure before making any application for arbitrationprocess shall be used to resolve an employee’s complaint not satisfactorily resolved through Section 2 of this Article.
3.2 An employee shall have the right to present a formal grievance, unless in writing, within five (5) working days after an unsuccessful resolution of the College informal grievance with the immediate supervisor and the AAUP agree immediate supervisor’s superior.
3.3 All formal grievances shall state in writing to alter the procedure violation of this Memorandum of Understanding and the manner in which it affects the employee’s wages, hours, working conditions or waive one or more of the steps by proceeding directly to arbitrationjob security.
2. Upon written request of the AAUP Contract Compliance Officer, the College 3.4 The formal grievance shall submit any requested documents in its possession which may be necessary for investigation of the grievance. The College shall deliver such documents as soon as is reasonably possible, but no later than seven (7) days after receipt of a written request.
3. Internal Steps in the Procedure
a. Step One: The Director of Human Resources
(1) Within thirty (30) days of when the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation of the provisions of this Agreement, the AAUP shall submit presented to the Director of Human Resources a completed Faculty Grievance Form or a datedemployee’s supervisor, signed, written description of the grievance, clearly labeled "grievance" containing substantially the same information as provided for on the Faculty Grievance Form.
(2) Within eight (8) days of receipt of the written grievance, the Director of Human Resources who shall convene a meeting to discuss the grievance. Such meeting shall include grievance with the grievant(s) employee and/or the employee’s designated representative(srepresentative, within five (5) of the AAUP and shall be scheduled at a time which is mutually convenient to the parties.
(3) The Director of Human Resources shall attempt to determine the facts pertaining to the grievance and shall notify the grievant and the AAUP in writing of his/her decision within eight (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decision.
(4) Within eight (8) working days after receipt of the disposition formal grievance.
3.5 Within ten (10) working days of this discussion, the supervisor shall render a written decision regarding its merits.
3.6 If the supervisor’s decision does not satisfactorily resolve the complaint, the employee and/or employee’s designated representative may present the formal grievance to the City’s designated Employee Relations Officer.
3.7 The grievance shall be considered resolved and no further review of the Director subject matter of Human Resources, the AAUP may appeal grievance shall be permitted under this Article when the employee does not seek further review of the grievance within ten (10) working days after the receipt of the decision in writing to of the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Formsupervisor.
3.8 Failure of the supervisor to render a written decision on the grievance within five (5) By agreementworking days constitutes a decision denying the grievance.
3.9 When the employee presents a formal grievance to the designated Employee Relations Officer, the parties may decide to advance Employee Relations Officer shall discuss the grievance to step two with the employee and/or the employee’s designated representative.
3.10 Within ten (10) working days after receipt of the procedureformal grievance, or the Human Resources Director shall render a written decision regarding its merits.
3.11 If the decision of the Employee Relations Officer does not resolve the complaint, the employee and/or the employee’s designated representative may present the formal grievance to appeal directly the City Manager.
3.12 The grievance shall be considered resolved, and no further review of the subject matter of the grievance shall be permitted when the employee does not seek further review of the grievance within ten (10) working days after receipt of the decision of the Employee Relations Officer.
3.13 When the employee presents a formal grievance to arbitration at step D(4the City Manager, the City Manager shall discuss the grievance with the employee and/or the employee’s designated representative.
3.14 Within ten (10) working days after receipt of this articlethe grievance, the City Manager shall render a written decision regarding its merits.
3.15 The decision of the City Manager shall resolve the grievance and no further review of the subject matter of the grievance shall be permitted within the City’s administrative procedures.
3.16 Should the City Manager fail to render a written decision within ten (10) working days, the employee may consider the administrative procedures completed and file for redress of the grievance.
Appears in 1 contract
Sources: Memorandum of Understanding
Formal Grievance Procedure. 1The Bargaining Unit shall submit to the Manager of Human Resources a written statement of the grievance giving the name of the the facts of the grievance including references to specific provisions of Agreement alleged to be violated and the resolution requested. In A meeting of the event that a complaint canparties may be scheduled to further discuss the grievance at the request of either party. The meeting shall take place within ten (10) days of the notice from the party requesting the meeting. The Manager of Employee Services shall reply, in writing, within ten (10) days following either receipt of the grievance or the date of the meeting. If the reply of the Manager of Employee Services or designate is not be resolved informallyacceptable to the Bargaining Unit, the parties Bargaining Unit may make a written request within five (5) days to the Director of Education, or designate, who shall pursue answer the first step in the formal grievance procedure before making any application for arbitration, unless the College and the AAUP agree in writing to alter the procedure or waive one or more of the steps by proceeding directly to arbitration.
2. Upon written request of the AAUP Contract Compliance Officer, the College shall submit any requested documents in its possession which may be necessary for investigation within ten days after receipt of the grievance. If the reply of the Director of Education is unacceptable to the Bargaining Unit, the Bargaining Unit may apply for arbitration within twenty (20) days of the receipt of the reply. The College parties may agree to the use of a single Arbitrator or a Board of Arbitration. Within ten days thereafter, the parties are to select, by mutual agreement, a Arbitrator or, in the case of a Board of Arbitration, submit to the other party, the name of their appointee to the Board of Arbitration. The two appointees so selected shall, ten days of their appointment, appoint a third person who shall deliver such documents be Chair. If the parties fail to make the required appointmentswithin the designated time period, either or both parties may request the Minister of Labour to fill vacancies. The cost of the Arbitrator, including per diem costs and expenses, shall be jointly shared by the two parties. In the case of a Board of Arbitration, the Board and the Union will be responsible for the fees and expenses of its own appointee. No person may be appointed as soon an Arbitrator or member of a Board of Arbitration who has been involved in an attempt to negotiate or settle the grievance. The decision of the Arbitrator or Board of Arbitration shall be final and binding upon both parties. The Arbitrator or Board of Arbitrationshall have authority only to settle disputes under the of a grievance as is reasonably possibleoutlined in this Article and will only interpret and apply this Agreement to the facts of the particular grievance involved. The Arbitrator or Board of Arbitration shall have no power to alter, but no later than seven add to, subtract from, modify or amend this Agreement, nor to give any decision inconsistent with it. Unless mutually agreed otherwise by both parties, the place of the hearing shall be in the City of Thunder Bay. A Party who has a complaint relating to the interpretation,application, administration or alleged violation of this Collective Agreement shall discuss the complaint with the Manager of Employee Services or the President of the Bargaining Unit within twenty (720) days after receipt the giving rise to the complaintoccurred or ought reasonably to have come to the attention of a written request.
3the Party. Internal Steps in If the Procedure
a. Step One: The Director of Human Resources
(1) Within complaint has not been resolved within thirty (30) days after discussing it with the Manager of when Employee Services or the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation President of the provisions of this AgreementBargaining Unit, the AAUP a Party grievance shall submit be submitted to the Director of Human Resources Education or the Bargaining Unit President respectively. Such statementshall contain a completed Faculty Grievance Form or a dated, signed, written description summary of the nature of the grievance, clearly labeled "grievance" containing substantially the same information as provided for on provision or provisions of the Faculty Grievance Form.
Collective Agreement allegedly violated and the remedy sought. The receiving party shall reply, in writing, within twenty (220) Within eight (8) days of receipt of the written grievance. If the reply is unacceptable to the receiving party, the Director of Human Resources shall convene a meeting to discuss the grievance. Such meeting shall include the grievant(s) and/or the designated representative(s) of the AAUP and shall be scheduled at a time which is mutually convenient to the parties.
(3) The Director of Human Resources shall attempt to determine the facts pertaining to the grievance and shall notify the grievant and the AAUP in writing of his/her decision within eight (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decision.
(4) Within eight (8) days after receipt of the disposition of the Director of Human Resources, the AAUP party may appeal the decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Form.
(5) By agreement, the parties may decide to advance submit the grievance to step two of the procedure, or to appeal directly to arbitration at step D(4) of this articlearbitrationas outlined in above.
Appears in 1 contract
Sources: Collective Agreement
Formal Grievance Procedure. The formal written grievance shall be used to resolve a Unit member’s grievance complaint which the employee believes has not been satisfactorily resolved by the informal discussion process described above.
A. A Unit member shall have the right to present a formal grievance, in writing, within fifteen (15) working days after the discussion of the grievance with the immediate supervisor and the immediate supervisor’s superior. All formal written grievances shall state: (1. In ) the event that a complaint cannot be resolved informallyviolation of this MOU, the parties personnel policies of the Agency, and/or local, state or federal law; (2) how it affects the Unit member’s wages, hours, working conditions or job security; and (3) the Unit member’s suggested solution.
B. The formal written grievance shall pursue be presented to the first step Department Director or Senior Manager, depending on who is in the formal grievance procedure before making any application for arbitration, unless the College and the AAUP agree in writing to alter the procedure or waive one or more Unit member’s chain of the steps by proceeding directly to arbitration.
2. Upon written request of the AAUP Contract Compliance Officer, the College shall submit any requested documents in its possession which may be necessary for investigation of the grievancecommand. The College Department Director or Senior Manager shall deliver such documents as soon as is reasonably possible, but no later than seven discuss the grievance with the Unit member and/or the Unit member’s designated representative. Within twelve (712) working days after receipt of the formal written grievance, the Department Director or Senior Manager shall render a written request.
3decision regarding its merits. Internal Steps in If the Procedure
a. Step One: The Department Director of Human Resources
(1) Within thirty (30) days of when or Senior Manager’s decision does not satisfactorily resolve the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation of the provisions of this Agreementgrievance complaint, the AAUP shall submit Unit member and/or Unit member’s designated representative may present the formal grievance to the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description Resources. The grievance shall be considered resolved and no further administrative review of the grievance, clearly labeled "grievance" containing substantially subject matter of the same information as provided for on grievance shall be permitted when the Faculty Grievance Form.
Unit member does not seek further review of the grievance within twelve (212) Within eight (8) working days of after the receipt of the decision of the Department Director or Senior Manager. Failure of the Department Director or Senior Manager to render a written decision on the grievance within twelve (12) working days constitutes a decision denying the grievance.
C. When the Unit member presents a formal grievance to the Director of Human Resources, the Director of Human Resources shall discuss the grievance with the Unit member and/or the Unit member’s designated representative. Within twelve (12) working days after receipt of the formal grievance, the Director of Human Resources shall convene render a meeting to discuss written decision regarding its merits. If the grievance. Such meeting shall include the grievant(s) and/or the designated representative(s) of the AAUP and shall be scheduled at a time which is mutually convenient to the parties.
(3) The Director of Human Resources shall attempt to determine Resources’ decision does not satisfactorily resolve the facts pertaining complaint, the Unit member and/or Unit member’s representative may present the formal grievance to the Executive Director. The grievance shall be considered resolved and shall notify the grievant and the AAUP in writing of his/her decision within eight (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details no further administrative review of the reasons which support subject matter of the decision.
grievance shall be permitted when the Unit member does not seek further review of the grievance within twelve (412) Within eight (8) working days after the receipt of the disposition decision of the Director of Human Resources. Failure of the Director of Human Resources to render a written decision on the grievance within twelve (12) working days constitutes a decision denying the grievance.
D. When the Unit member presents a formal grievance to the Executive Director, the AAUP may appeal Executive Director shall discuss the decision in writing to grievance with the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially Unit member and/or the same information as contained in a Grievance Disposition Reaction Form.
Unit member’s designated representative. Within twelve (512) By agreementworking days after receipt of the formal grievance, the parties may decide to advance Executive Director shall render a written decision regarding its merits. The decision of the Executive Director shall resolve the grievance to step two and no further review of the proceduresubject matter of the grievance shall be permitted within the Agency’s administrative process. Should the Executive Director fail to render a written decision within twelve (12) working days, or to appeal directly to arbitration at step D(4) of this articlethe grievance shall be deemed denied and the administrative procedures completed.
Appears in 1 contract
Sources: Memorandum of Understanding
Formal Grievance Procedure. A. Step One
1. If the aggrieved employee does not receive a satisfactory oral answer, or if she/he does not receive any answer at the Oral Step within three (3) mutual working days following the day of oral presentation, the aggrieved employee may reduce the grievance to writing and submit it to the appropriate supervisor.
2. A grievance must be submitted in writing within fifteen (15) working days of the occurrence of the condition(s) giving rise to the grievance, or within fifteen (15) working days of the date it is reasonable to assume that the employee(s) should reasonably have become aware of the condition(s) giving rise to the grievance, or within three (3) working days following the Oral Step, whichever is latest, in order for the matter to be considered a grievance under this Agreement.
3. The grievance shall be submitted on forms provided by the Union, dated and signed by the aggrieved employee(s) and shall set forth the facts, dates, and provisions of the Agreement that are alleged to have been violated and the remedy desired.
4. In the event that the immediate supervisor or designated representative does not answer the grievance within ten (10) working days, the grievance may be appealed to the nexthigher step of this grievance procedure within five (5) working days after the expiration of the applicable time limit.
5. In the event the answer of the supervisor or designated representative is unacceptable to the grievant, the grievance may be appealed to the next higher step of this grievance procedure. Any grievance not appealed within five (5) working days after such answer shall be considered settled on the basis of the written answer of the
B. Step Two
1. If the grievant is not satisfied with the disposition of the grievance at Step One, the grievant may appeal the grievance to the administrative head of the unit or her/his designee within five (5) working days after the date of the answer. Such appeal shall be in writing as in Step One and shall state the reason(s) why the Step One disposition is not satisfactory.
2. Within ten (10) working days after receipt of such request for appeal, the administrative head or her/his designee shall hold a complaint canmeeting with the grievant in an attempt to resolve the alleged grievance. Only persons directly related to the grievance shall be present at the meeting. The grievant may be represented by the Union. Representatives of the Employer and the Union shall not exceed three (3) in number respectively (including the grievant and the supervisor).
3. Within five (5) working days following conclusion of such meetings, the administrative head or her/his designee shall provide the grievant with a written disposition of the grievance.
4. Any grievance not appealed within five (5) working days after such answer shall be considered settled on the basis of the written answer of the administrative head or her/his designee and shall not be resolved informallysubject to further appeal and/or review.
C. Step Three
1. If the grievant is not satisfied with the disposition of the grievance at Step Two, the parties grievant may appeal the grievance to the Director of Employee Relations within five (5) working days after the date of the answer. Such appeal shall pursue be in writing as in Step One and shall state the first step reason(s) why the Step Two disposition is not satisfactory.
2. Within ten (10) working days after receipt of such request for appeal, the Director of Employee Relations or her/his designee shall hold a meeting with the grievant in an attempt to resolve the formal alleged grievance. Only persons directly related to the grievance procedure before making any application for arbitration, unless shall be present at the College meeting. Representatives of the Employer and the AAUP agree Union shall not exceed four (4) in writing to alter number respectively (including the procedure or waive one or more grievant and supervisor). Three (3) of the steps Union representatives including the grievant may be active employees.
3. Within five (5) working days following conclusion of such meeting(s), the Office of Employee Relations shall provide the grievant with a written disposition of the grievance.
4. Any grievance not appealed within ten (10) working days after such answer shall be considered settled on the basis of the written answer of the Office of Employee Relations or designated representative and shall not be subject to further appeal and/or review.
5. Classification grievances may be advanced to Step Three only by proceeding directly the Union. The Office of Employee Relations or its designee will have six (6) weeks to respond with a summary of its findings. At the request of either party, a meeting will be held.
D. Step Four In the event of an unsatisfactory decision or no decision, the Union may submit the grievance to arbitration.
1. The Union will notify the Employer of its decision to arbitrate within ten (10) working days of the expiration of the decision time limit placed on Step Three. Following notification, the Union and Employer will attempt to select an arbitrator.
2. Upon written request If the parties fail to select an arbitrator within ten (10) working days after notification, the Union will submit a demand for arbitration to the American Arbitration Association within five (5) working days with a copy of the AAUP Contract Compliance Officer, demand to the College shall submit any requested documents in its possession which may be necessary for investigation of the grievance. The College shall deliver such documents as soon as is reasonably possible, but no later than seven (7) days after receipt of a written requestEmployer.
3. Internal Steps in The American Arbitration Association shall be requested by either or both parties to provide a panel of ten (10) arbitrators. The parties shall attempt to select an arbitrator from this list within ten (10) working days. If there is no selection from the Procedurelist, the American Arbitration Association shall appoint an arbitrator.
a. Step One: 4. The Director rules of Human Resources
(1) Within the American Arbitration Association shall apply to all arbitration hearings. The arbitrator shall be requested to issue her/his decision within thirty (30) days after the conclusion of when testimony argument and submission of briefs. The decision of the AAUP learns ofarbitrator will be final and binding on all parties, and judgment therein may be entered in any court of competent jurisdiction.
5. The process of expedited arbitration, under the rules of the American Arbitration Association, may be utilized by mutual written agreement of the Employer and the Union on a case-by-case basis. The arbitrator need submit only the conclusion and award in writing.
6. Fees and authorized expenses of the arbitrator shall be shared equally by the University and the Union. Verbatim transcripts of the proceedings shall be secured only with the prior mutual consent of the parties, in which case all expenses will be equally borne except for transcribed copies which shall be paid for by the requesting party.
7. The arbitrator shall have no authority to add to, subtract from, alter, change or in the exercise of reasonable diligence should have learned of, an alleged violation modify any of the provisions of this Agreement, . The decision of the AAUP arbitrator shall submit be limited to only the question(s) submitted to the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description arbitrator.
8. The arbitrator shall not substitute her/his judgment for that of the grievance, clearly labeled "grievance" containing substantially Employer where the same information as provided for on Employer's judgment and actions are based upon reasonable cause and do not violate the Faculty Grievance Formwritten provisions of this Agreement. The arbitrator shall not render any decision which would require or result in an action in violation of public statutes. The arbitrator may make no award which provides the employee compensation greater than would have resulted had there been no violation.
9. The Employer, in no event, shall be required to pay back wages for more than thirty (230) Within eight calendar days prior to the date a written grievance is filed. However, in the case of a pay shortage (8) days other than one resulting from misclassification) of receipt which the employee could not have been aware before receiving her/his pay, any adjustment shall be retroactive to the beginning of the written grievancepay period in which the shortage occurred, if the Director Employee files her/his grievance within thirty (30) working days after she/he becomes aware of Human Resources shall convene a meeting to discuss the grievancesuch shortage. Such meeting shall include the grievant(s) and/or the designated representative(s) of the AAUP and All claims for back wages shall be scheduled at a time which is mutually convenient limited to the partiesamount of wages that the employee otherwise would have earned less any unemployment compensation, or additional or new wages for personal services that she/he may have received from any source during the period in question.
(3) 10. The Director of Human Resources arbitrator shall attempt have no authority to determine the facts pertaining establish wage and salary scales, rates on new or changed jobs, to the grievance and shall notify the grievant and the AAUP in writing of his/her decision within eight (8) days in a Grievance Disposition Form change any wage or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decision.
(4) Within eight (8) days after receipt of the disposition of the Director of Human Resources, the AAUP may appeal the decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Form.
(5) By agreement, the parties may decide to advance the grievance to step two of the proceduresalary rate, or to appeal directly change classification descriptions.
11. Excluded from arbitration are disputes and unresolved grievances concerning merit increases beyond the normal increases.
12. If a grievance is appealed to arbitration at step D(4) and the arbitrator finds no authority to rule on such case, the matter shall be returned to the parties without decision or recommendation on the merits of this articlethe case.
Appears in 1 contract
Sources: Labor Contract
Formal Grievance Procedure. 1. In
(a) Step One – If after discussions with the event that a complaint cannot be resolved informallyimmediate supervisor, the parties employee does not feel the grievance has been properly addressed, the grievance shall pursue be reduced to writing. The grievance statement shall include the first step in following information:
(i) A statement of the formal grievance procedure before making any application for arbitration, unless clearly indicating the College question raised by the grievance and the AAUP agree article(s) and section(s) of this Collective Bargaining Agreement.
(ii) The remedy or correction requested by the aggrieved party. The grieving party’s Department Head or designee shall respond to the grievance in writing to alter the procedure or waive one or more within ten (10) working days of the steps by proceeding directly to arbitration.
2. Upon written request of the AAUP Contract Compliance Officer, the College shall submit any requested documents in its possession which may be necessary for investigation receipt of the grievance. The College grievance response shall deliver such documents as soon as is reasonably possible, but no later than seven (7) days after receipt of a written request.
3. Internal Steps in include the Procedure
a. Step One: The Director of Human Resourcesfollowing:
(1iii) Within thirty (30) days of when the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation A complete statement of the provisions of this Agreement, City’s position and the AAUP shall submit to facts upon which the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description of the grievance, clearly labeled "grievance" containing substantially the same information as provided for on the Faculty Grievance Formstatement is based.
(2iv) The remedy or correction which has been offered by the City, if any.
(b) Step Two – If a mutual satisfactory solution has not been reached at the first step, the grievant has ten (10) working days to submit the grievance to the City Manager. The Union representative and the City Manager will meet in an effort to settle the matter. The City Manager’s answer to the grievance shall be communicated to the grievant within (10) working days after said meeting is held.
(c) Step Three – An appeal may be referred to mediation if the grievant is not satisfied with the dispositions of the City Manager’s review step of the grievance procedure. If both parties agree in writing, the mediation process may be waived. The grievant must notify the City in writing within ten (10) working days of the notice of the City Manager’s decision of grievant’s request to refer the matter to mediation. The City shall respond to the grievant within ten (10) working days and proceed to schedule a mediation hearing with the California State Mediation and Conciliation Service. Mediation conference(s) shall take place at a mutually convenient time and location, and shall not be open to parties other than those who are direct parties to the grievance. Proceedings before the mediator shall be confidential, informal in nature and shall not be admissible in any subsequent hearing (arbitration or otherwise). No transcript or record of the mediation conference shall be made. In the event a resolution is reached, the parties may stipulate the unresolved issues in writing and submit them for arbitration.
(d) Step Four – Within eight ten (8) 10) working days of the conclusion of the mediation process, or if the mediation process is not utilized, then within ten (10) days of receipt of the written grievance, the Director of Human Resources shall convene a meeting to discuss the grievance. Such meeting shall include the grievant(s) and/or the designated representative(s) of the AAUP and shall be scheduled at a time which is mutually convenient to the parties.
(3) The Director of Human Resources shall attempt to determine the facts pertaining to the grievance and shall notify the grievant and the AAUP in writing of his/her City Manager’s decision within eight (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decision.
(4) Within eight (8) days after receipt of the disposition of the Director of Human Resources, the AAUP may appeal the decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Form.
(5) By agreement, the parties may decide to advance the grievance pursuant to step two of the proceduregrievance process, the Union may request arbitration.
(i) An arbitrator may be selected by mutual agreement between the City and the Union.
(ii) Should the representatives fail to mutually agree on an arbitrator they shall make a joint request to the State Mediation and Conciliation Service for a list of five (5) qualified arbitrators, the parties shall each strike two (2) names from the list and the remaining person shall be accepted as the arbitrator. The first party to strike will be determined by the flip of a coin.
(iii) The selected arbitrator shall conduct the hearing and report findings, conclusion and recommendations to the City Manager. All parties to the Collective Bargaining Agreement shall endeavor to adhere to the Arbitrator’s final decision. It is understood that the arbitrator shall only interpret this Collective Bargaining Agreement and will in no instance add to, delete from or amend any part thereof.
(iv) The parties to appeal directly the grievance shall share equally in the cost of the arbitration, including but not limited to arbitration at step D(4) of this articlethe arbitrator, witnesses and recordings.
Appears in 1 contract
Sources: Memorandum of Understanding
Formal Grievance Procedure. 1If a mutually satisfactory solution has not been reached, the grievant has fifteen (15) working days to submit the grievance to the City Manager. The City Manager shall have fifteen (15) working days after receipt of the grievance in which to schedule such investigations or hearings as may be necessary. Failure of the City Manager to render a written decision within fifteen (15) working days shall constitute a denial of the grievance. The grievant shall proceed to, and be governed by, the time limitations of Step 4 of this procedure.
D. Step 4: Mediation Process This procedure applies to all disputes involving the interpretation and application of this MOU, or the City rules or regulations governing personnel practices or working conditions. This step is not to be used where employee discipline is at issue. An appeal may be referred to mediation if the appellant is not satisfied with the disposition of the City Manager’s review step of the procedure. The appellant must notify the Employer in writing within fifteen (15) working days of the conclusion of the review of the appellant’s desire to refer the matter to mediation. The Employer shall respond to the appellant, and schedule a mediation hearing with the California State Mediation and Conciliation Service. Mediation conference will take place at a mutually convenient location and shall not be open to parties other than those who are direct parties in the action. Proceedings before the mediator shall be confidential, informal in nature and shall not be admissible in any subsequent hearing. No transcript or record of the mediation conference shall be made. The mediator shall attempt to assure that all necessary facts and considerations are revealed to him/her. In the event a resolution is reached, the matter shall be reduced to writing. In the event that a complaint canresolution is not be resolved informallyreached, the parties may stipulate the unresolved issues in writing and submit them to the Hearing Officer within fifteen (15) working days. The parties to this agreement shall pursue share equally the cost of the mediator.
E. Step 5: Procedure for Appeal to a Hearing Officer An impartial arbitrator shall be selected jointly by the parties in order to conduct the hearing and report findings, conclusion, and recommendations to the City Manager. All parties to the agreement shall adhere to the Arbitrator’s final decision. Such hearings shall take place within a reasonable period of time but not before five (5) calendar days after the filing of a request for a hearing. Hearings will be presided over by the hearing officer. The grievant shall have a right to appear in person on his/her own behalf, with counsel or such representation as he/she requests to represent his/her case. The Hearing Procedure shall be as follows:
A. The hearing officer shall conduct the hearing and shall rule on questions, evidence, and procedure.
B. Either party may call witnesses, introduce evidence, testify, and question witnesses.
C. Except for appeals of discipline (suspension, demotion, termination), the grievant has the burden of proof and shall first step present evidence and testimony.
D. The customary order of proceedings is as follows:
E. Opening statement by the initiating party followed by a similar statement by the other party.
F. Presentation of evidence, witnesses, and arguments by the initiating party.
G. Cross-examination by the other party.
H. Presentation of evidence, witnesses, and arguments by the defending party.
I. Cross-examination by the initiating party.
J. Summation by both parties, usually following the same order as in the formal grievance procedure before making opening statements.
K. This is the “customary order.” The hearing officer may vary this order, either on his own initiative or at the request of a party. In any application case, the order in which the facts are presented does not imply that the “burden of proof’ is more on one side than the other, for arbitration, unless both parties must try to convince the College and the AAUP agree in writing to alter the procedure or waive one or more heating officer of the steps by proceeding directly to arbitrationjustice of their positions.
2. Upon written L. The hearing may be recorded at the request of the AAUP Contract Compliance Officer, the College shall submit any requested documents in its possession which may be necessary for investigation of the grievance. The College shall deliver either party with such documents as soon as is reasonably possible, but no later than seven (7) days after receipt of a written request.
3. Internal Steps in the Procedure
a. Step One: The Director of Human Resources
(1) Within thirty (30) days of when the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation of the provisions of this Agreement, the AAUP shall submit to the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description of the grievance, clearly labeled "grievance" containing substantially the same information as provided for on the Faculty Grievance Form.
(2) Within eight (8) days of receipt of the written grievance, the Director of Human Resources shall convene a meeting to discuss the grievance. Such meeting shall include the grievant(s) and/or the designated representative(s) of the AAUP and shall be scheduled at a time which is mutually convenient to expense being borne equally by the parties.
(3) The Director of Human Resources M. If the parties want to file written post hearing briefs, or other data, the time limits shall attempt to determine be set by the facts pertaining to the grievance and shall notify the grievant hearing officer, and the AAUP in writing of his/her decision within eight (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which hearing shall include written details of the reasons which support the decisionremain open until these documents are received.
(4) Within eight (8) days after receipt of the disposition of the Director of Human ResourcesN. After both parties have had equal opportunity to present all their evidence, the AAUP may appeal hearing officer shall declare the decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Formhearing closed.
(5) By agreement, the parties may decide to advance the grievance to step two of the procedure, or to appeal directly to arbitration at step D(4) of this article.
Appears in 1 contract
Sources: Memorandum of Understanding
Formal Grievance Procedure. 1. In the event that a complaint cannot be resolved informally, the parties shall pursue the first step in the formal grievance procedure before making any application for arbitration, unless the College and the AAUP agree in writing to alter the procedure or waive one or more of the steps by proceeding directly to arbitration.
2. Upon written request of the AAUP Contract Compliance Officer, the College shall submit any requested documents in its possession which may be necessary for investigation of the grievance. The College shall deliver such documents as soon as is reasonably possible, but no later than seven (7) days after receipt of a written request.
3. Internal Steps in the Procedure
a. Step One: The Director of Human Resources
(1) Within thirty (30) days of when the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation of the provisions of this Agreement, the AAUP shall submit to the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description of the grievance, clearly labeled "grievance" containing substantially the same information as provided for on the Faculty Grievance Form.
(2) Within eight (8) days of receipt of the written grievance, the Director of Human Resources shall convene a meeting to discuss the grievance. Such meeting shall include the grievant(s) and/or the designated representative(s) of the AAUP and shall be scheduled at a time which is mutually convenient to the parties.
(3) The Director of Human Resources shall attempt to determine the facts pertaining to the grievance and shall notify the grievant and the AAUP in writing of his/her decision within eight (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decision.
(4) Within eight (8) days after receipt of the disposition of the Director of Human Resources, the AAUP may appeal the decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Form.
(5) By agreement, the parties may decide to advance the grievance to step two of the procedure, or to appeal directly to arbitration at step D(4(D) (4) of this article.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Formal Grievance Procedure. 1. In the event that a complaint cannot be resolved informally, the parties shall pursue the first step in Step I
a) The filing of the formal written grievance procedure before making any application for arbitration, unless at this step must be within ten (10) days of the College and completion of the AAUP agree informal resolution process. The grievance must be formally presented in writing to alter the procedure or waive one or more same appropriate supervisor.
b) The formal written grievance shall clearly identify all grievants, summarize all relevant facts, identify all provisions of the steps by proceeding directly agreement allegedly violated, describe the remedy which is requested, and must be presented formally in writing to arbitrationthe appropriate supervisor who will arrange for a meeting to be held within ten (10) days to review the grievance.
c) The supervisor shall provide a written answer to the grievant (with a copy to the Senate if the Senate is not the grievant) within ten (10) days of the meeting. The answer shall include the reasons for the decision.
2. Upon written request Step II
a) If the grievance is not resolved at the preceding step, the Senate or designee may refer it to the College President or designee by filing the same in writing within ten (10) days of receipt of the AAUP Contract Compliance Officer, answer from the appropriate supervisor. The College shall submit any requested documents in its possession which may President or designee will arrange for a meeting to be necessary for investigation held within ten (10) days of such referral to review the grievance. The College Each party shall deliver have the right to include in its representation such documents witnesses and counselors as soon as it deems necessary to develop facts pertinent to the grievance. A written answer including reasons shall be provided to the grievant (with a copy to the Senate if the Senate is reasonably possible, but no later than seven not a party to the grievance) within ten (710) days after receipt of the meeting provided for in this paragraph.
b) If the grievance arises from a written requestdecision at the College President's level, the grievance may be initiated at Step II (a), provided such is filed within the time limits prescribed in Step I (a).
3. Internal Steps in Step III
a) If the Proceduregrievance is not resolved at the College President's level, the Senate may submit it to arbitration, providing written notice indicating such is filed with the College President or designee within fifteen (15) days of the answer at the C ol l e ge President's level, or if no answer is filed within fifteen (15) days of the last day on which such answer was due. The Senate shall promptly request of the American Arbitration Association that it provide panel(s) of qualified arbitrators from which the parties may make a selection pursuant to the practices of that Association which shall also serve as the administrator of the proceedings.
a. Step One: b) The Director decision of Human Resources
(1) Within the arbitrator shall be binding and shall be submitted to the Board of Trustees for its consideration no later than thirty (30) days of when the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation following receipt of the provisions of arbitrator's recommendation. In making their recommendation, the arbitrator shall not add to or enlarge upon this Agreement, and any suggested remedy, if appropriate, shall conform to Illinois law. The arbitrator shall rely on established past practice in interpreting the AAUP Agreement, but shall submit to not alter, amend, modify or ignore the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description express language of the grievance, clearly labeled "grievance" containing substantially the same information as provided for on the Faculty Grievance Form.
(2) Within eight (8) days of receipt Agreement in rendering their recommendation. The fees and expenses of the written grievance, the Director of Human Resources shall convene a meeting to discuss the grievance. Such meeting shall include the grievant(s) and/or the designated representative(s) arbitrator and of the AAUP and American Arbitration Association shall be scheduled at a time which is mutually convenient to shared equally by the parties.
(3) The Director of Human Resources shall attempt to determine the facts pertaining to the grievance and shall notify the grievant Board and the AAUP in writing Senate. The parties likewise shall share the expense of his/her decision within eight (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Formany transcript(s) which they may jointly request, but all other expenses which may be incurred by either party shall include written details of the reasons which support the decisionbe borne by that party.
(4) Within eight (8) days after receipt of the disposition of the Director of Human Resources, the AAUP may appeal the decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Form.
(5) By agreement, the parties may decide to advance the grievance to step two of the procedure, or to appeal directly to arbitration at step D(4) of this article.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Formal Grievance Procedure. 1An employee whose grievance is not satisfactorily resolved by the informal procedure described in Section 5 may institute a formal grievance. In The formal grievance shall conform to the event that a complaint cannot following:
a. All formal grievances shall be resolved informally, in writing on the parties shall pursue form included in this Appendix;
b. Within five (5) days after receipt of the first step supervisor’s oral decision in the formal proceeding, the grievant may file a formal grievance procedure before making any application on the form prescribed. The grievant shall provide the necessary information called for arbitration, unless at the College and the AAUP agree in writing to alter the procedure or waive one or more top of the steps by proceeding directly to arbitration.
2. Upon written request form and in Steps I and II of the AAUP Contract Compliance Officergrievance form in clearly legible writing, printing, or typing. The grievant shall file the College original form with the immediate supervisor;
c. The immediate supervisor shall submit any requested documents in its possession which may be necessary for investigation meet with the grievant within five (5) days after filing of the grievance form for discussion of the formal grievance. The College immediate supervisor shall deliver such complete “Supervisor’s Decision” portion of the form and return it to the grievant within seven (7) days after their meeting. A copy of the supervisor’s decision and attached grievance documents as soon as is reasonably possible, but no later than shall also be filed with the Human Resources Director;
d. The grievant may appeal the decision of the immediate supervisor by completing the first part of Step III of the grievance form and filing t with the next higher level of supervision (identified by the Department Head) and to the Department Head within seven (7) days after receipt of the supervisor’s decision. The functions of the Department Head may be performed by the Department Head’s duly authorized representative;
e. The person occupying the next higher level of supervision together with the Department Head, or representative, shall meet with the grievant within ten (10) days after filing of the appeal for discussion of the grievance. The Department Head shall complete the rest of the Step III “Department Head’s Response” and return it to the employee within fifteen (15) days after the meeting. A copy of the Department Head’s response and any attached grievance documents shall also be filed with the Human Resources Director;
f. The grievant may appeal the decision of the Department Head by filing a written request.
request for an appeal to the Human Resources Director within fifteen (15) days after receipt of the Department Head’s decision. The Human Resources Director shall immediately deliver a copy of the written appeal to the Department Head. The grievant shall within three (3. Internal Steps in the Procedure
a. Step One: The Director of Human Resources
(1) Within thirty (30) days of when filing the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation of the provisions of this Agreement, the AAUP shall appeal to submit to the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description Director the name of the grievanceGrievance Appeals Committee member selected by the grievant or the Association. The Human Resources Director shall select a Committee member to represent the Human Resources Director and then provide assistance as necessary to select the third Committee member in accordance with the selection process in Section 1(c), clearly labeled "grievance" containing substantially the same information as provided for on the Faculty Grievance Form.
(2) Within eight (8) days of receipt above. The grievant’s written appeal shall provide full details of the written facts of the grievance and why the Department Head’s response did not satisfactorily resolve the grievance;
g. To the extent possible, the Director of Human Resources Grievance Appeals Committee shall convene a meeting schedule the appeal for hearing to discuss occur not later than ten (10) days from the grievance. Such meeting shall include the grievant(s) and/or the designated representative(s) of the AAUP and shall be scheduled at a time which is mutually convenient to the parties.
date all three (3) The Director members of Human Resources shall attempt to determine the facts pertaining to the grievance Committee are selected and shall promptly notify the grievant and the AAUP in writing of his/her decision within eight (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details Department Head of the reasons time and place at which support the appeal will be considered. The Committee may reach an announce its advisory decision at the close of the hearing or it may retire and deliberate in private before announcing its advisory decision. In order to be properly reached, an advisory decision by the Committee must be agreed upon by at least two (2) members, be in writing, and show both the findings of fact and reasoning of the decision.
. The Committee shall deliver, with proof of service, a copy of its advisory decision to the Department Head, the grievant, the Association, and the Human Resources Director within ten (410) Within eight (8) days after receipt conclusion of the disposition hearing. The decision of the Director of Human Resources, Grievance Appeals Committee shall be advisory and shall not be binding on the AAUP may appeal the Department Head. The decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Form.
(5) By agreement, the parties may decide to advance the grievance to step two of the procedure, Grievance Appeals Committee may not be appealed further through any grievance or to appeal directly to arbitration at step D(4) of this articleprocess established for Sonoma County employees.
Appears in 1 contract
Sources: Memorandum of Understanding
Formal Grievance Procedure. 1The parties hereto acknowledge that it is usually most desirable for a teacher and his/her immediately involved supervisor to resolve problems through free and informal communications. In When requested by the event that teacher, a complaint cannot representative may accompany the teacher to assist in the informal resolution of the problem or grievance. If, however, such informal process fails to satisfy the teacher, a grievance may be resolved informallyprocessed as follows:
A. The teacher, the parties shall pursue Association, or both may present the first step in the formal grievance procedure before making any application for arbitration, unless the College and the AAUP agree in writing to alter the procedure or waive one or more of the steps by proceeding directly supervisor immediately involved who shall arrange for a meeting to arbitration.
2. Upon written request of the AAUP Contract Compliance Officer, the College shall submit any requested documents in its possession which may be necessary for investigation of the grievance. The College shall deliver such documents as soon as is reasonably possible, but no later than take place within seven (7) days after receipt of a the grievance. The written request.
3. Internal Steps in grievance shall state the Procedure
a. Step One: The Director of Human Resources
(1) Within thirty (30) days of when the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation of the provisions of this Agreement, the AAUP shall submit to the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description nature of the grievance, clearly labeled "grievance" containing substantially shall note the same information as provided for on specific clause or clauses of the Faculty Grievance Form.
(2) Within Agreement allegedly violated, and shall state the specific remedy requested. Such grievance shall be filed within twenty-eight (8) 28) days of receipt the date that the teacher should reasonably be aware of the written grievance, the Director of Human Resources shall convene a meeting event giving rise to discuss the grievance. Such meeting The principal or other administrator who has authority to make a decision on the grievance shall include the grievant(s) and/or the designated representative(s) of the AAUP make such decision and shall be scheduled at a time which is mutually convenient communicate it in writing to the parties.
(3) The Director of Human Resources shall attempt to determine the facts pertaining to the grievance teacher and shall notify the grievant and the AAUP in writing of his/her decision Association within eight (8) days in a Grievance Disposition Form or in a document containing substantially after the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decisionmeeting.
(4) Within B. In the event a grievance has not been satisfactorily resolved at the first step as outlined in Section 4.3 A of this Article, the grievant shall refer the grievance to the Superintendent or his official designee within eight (8) days after receipt of the disposition supervisor's written decision or answer at the first step. Within fourteen (14) days after such written grievance has been received by the Superintendent, the Superintendent or his designee shall hold a hearing with the grievant and a representative of the Director grievant, if desired, to resolve the grievance. Upon conclusion of Human Resourcesthe hearing, the AAUP may appeal the Superintendent shall submit his written decision in writing with reasons to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially teacher and the same information as contained in a Grievance Disposition Reaction FormAssociation within ten (10) days.
(5) By agreementC. In the event a grievance has not been resolved satisfactorily at the second step as outlined in Section 4.3 B of this Article, the parties grievant may decide to advance submit the grievance to step two binding arbitration. A request to enter into such arbitration shall be submitted in writing by the complaining party to the Board of Education and the American Arbitration Association within eight (8) days after receipt of the procedureSuperintendent's written decision. The arbitration proceeding shall be conducted by an arbitrator in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association. The American Arbitration Association will be requested to provide a panel of thirteen (13) arbitrators. Each of the two parties will alternately strike one name at a time from a panel until only one name shall remain. The remaining name shall be the arbitrator. The decision of the arbitrator will be binding.
D. The arbitrator shall have no power to amend, modify, ignore or add to the provisions of this Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her in writing, and his/her decision must be based solely upon his/her interpretation of the meaning or application of the expressed relevant language of this Agreement.
E. Each party shall bear the full cost for its representation in the arbitration. The cost of the arbitrator and the American Arbitration Association shall be shared equally between the Board of Education and the Association or, in the case of a non- association member, by the teacher.
F. Neither the Board of Education nor the Association shall be permitted to assert any grounds before the arbitrator which were not previously disclosed to the other party.
G. The arbitrator will award appropriate relief to either the teacher, the Association, or to appeal directly to arbitration at step D(4) the Board of this articleEducation.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Formal Grievance Procedure. 1. In the event that a complaint cannot be resolved informally, the parties shall pursue the first step in the formal grievance procedure before making any application for arbitration, unless the College and the AAUP agree in writing to alter the procedure or waive one or more of the steps by proceeding directly to arbitration.
2. Upon written request of the AAUP Contract Compliance Grievance Officer, the College shall submit any requested documents in its possession which may be necessary for investigation of the grievance. The College shall deliver such documents as soon as is reasonably possible, but no later than seven (7) days after receipt of a written request.
3. Internal Steps in the Procedure
a. Step One: The Director of Human Resources
(1i) Within thirty (30) days of when the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation of the provisions of this Agreement, the AAUP shall submit to the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description of the grievance, clearly labeled "grievance" containing substantially the same information as provided for on the Faculty Grievance Form.
(2ii) Within eight (8) days of receipt of the written grievance, the Director of Human Resources shall convene a meeting to discuss the grievance. Such meeting shall include the grievant(s) and/or the designated representative(s) of the AAUP and shall be scheduled at a time which is mutually convenient to the parties.
(3iii) The Director of Human Resources shall attempt to determine the facts pertaining to the grievance and shall notify the grievant and the AAUP in writing of his/her decision within eight (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decision.
(4iv) Within eight (8) days after receipt of the disposition of the Director of Human Resources, the AAUP may appeal the decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Form.
(5v) By agreementAt its sole discretion, the parties may AAUP shall decide whether to advance the grievance to step two of the procedure, or to appeal directly to arbitration at step D(4(D) (4) of this article.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Formal Grievance Procedure. 1. In An employee whose grievance is not satisfactorily resolved by the event that informal procedure may institute a complaint cannot be resolved informally, the parties shall pursue the first step in the formal grievance procedure before making any application for arbitration, unless the College and the AAUP agree in writing to alter the procedure or waive one or more of the steps by proceeding directly to arbitration.
2. Upon written request of the AAUP Contract Compliance Officer, the College shall submit any requested documents in its possession which may be necessary for investigation of the grievance. The College formal grievance shall deliver such documents as soon as is reasonably possible, but no later than seven conform to the following:
(7a) All formal grievances shall be in writing on the form appended to this resolution. A supply of forms shall be maintained in each department and shall be readily accessible to all employees.
(b) Within five (5) days after receipt of a written request.
3. Internal Steps the supervisor's decision in the Procedure
a. Step One: informal proceeding, the grievant may file a formal grievance on the form prescribed. The Director grievant shall provide the necessary information called for at the top of Human Resources
(1) Within thirty (30) days the form and in Steps I and II of when the AAUP learns ofGrievance form in clearly legible writing, printing, or in typing. The grievant shall file the exercise of reasonable diligence should have learned of, an alleged violation of original form with the provisions of this Agreement, the AAUP shall submit to the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description of the grievance, clearly labeled "grievance" containing substantially the same information as provided for on the Faculty Grievance Formimmediate supervisor.
(2c) Within eight The immediate supervisor shall meet with the grievant within five (8) 5) days of receipt after filing of the written grievance form for discussion of the formal grievance, . The immediate supervisor shall complete "Supervisor's decision" portion of the Director form and return it to the grievant within five (5) days after their meeting. A copy of the supervisor's decision and attached grievance documents shall also be filed in the file with the Human Resources shall convene a meeting to discuss the grievance. Such meeting shall include the grievant(s) and/or the designated representative(s) of the AAUP and shall be scheduled at a time which is mutually convenient to the partiesDirector.
(3d) The Director grievant may appeal the decision of Human Resources shall attempt to determine the facts pertaining to immediate supervisor by completing the first part of Step III of the grievance form and shall notify filing it with the grievant and the AAUP in writing of his/her decision grievant's appointing authority within eight five (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decision.
(45) Within eight (8) days after receipt of the disposition supervisor's decision. The functions of the Director of Human Resources, appointing authority hereunder may be performed by the AAUP may appeal the decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Formappointing authority's duly authorized representative.
(e) The appointing authority shall meet with the grievant within five (5) By agreement, the parties may decide to advance the grievance to step two days after filing of the procedureappeal for discussion of the grievance. If the matter is controlled in whole or in part by another department head(s), or such department head(s) shall be consulted and made a party to the grievance. The grievant's appointing authority shall complete the rest of the Step III ("Appointing Authority response") and return it to the employee within fifteen (15) days after such meeting. A copy of the appointing authority's response and any attached grievance documents shall also be filed with the Human Resources Director and any department head(s) made party to the grievance.
(f) The grievant may appeal directly from the decision of the appointing authority by filing a written request for such appeal to arbitration at step D(4) of this article.the Human Resources Director within five
Appears in 1 contract
Sources: Memorandum of Understanding
Formal Grievance Procedure. 1The parties hereto acknowledge that it is usually most desirable for a teacher and his/her immediately involved supervisor to resolve problems through free and informal communications. In When requested by the event that teacher, a complaint cannot representative may accompany the teacher to assist in the informal resolution of the problem or grievance. If, however, such informal process fails to satisfy the teacher, a grievance may be resolved informallyprocessed as follows:
A. The teacher, the parties shall pursue Association, or both may present the first step in the formal grievance procedure before making any application for arbitration, unless the College and the AAUP agree in writing to alter the procedure or waive one or more of the steps by proceeding directly supervisor immediately involved who shall arrange for a meeting to arbitration.
2. Upon written request of the AAUP Contract Compliance Officer, the College shall submit any requested documents in its possession which may be necessary for investigation of the grievance. The College shall deliver such documents as soon as is reasonably possible, but no later than take place within seven (7) days after receipt of a the grievance. The written request.
3. Internal Steps in grievance shall state the Procedure
a. Step One: The Director of Human Resources
(1) Within thirty (30) days of when the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation of the provisions of this Agreement, the AAUP shall submit to the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description nature of the grievance, clearly labeled "grievance" containing substantially shall note the same information as provided for on specific clause or clauses of the Faculty Grievance Form.
(2) Within Agreement allegedly violated, and shall state the specific remedy requested. Such grievance shall be filed within twenty-eight (8) 28) days of receipt the date that the teacher should reasonably be aware of the written grievance, the Director of Human Resources shall convene a meeting event giving rise to discuss the grievance. Such meeting The principal or other administrator who has authority to make a decision on the grievance shall include the grievant(s) and/or the designated representative(s) of the AAUP make such decision and shall be scheduled at a time which is mutually convenient communicate it in writing to the parties.
(3) The Director of Human Resources shall attempt to determine the facts pertaining to the grievance teacher and shall notify the grievant and the AAUP in writing of his/her decision Association within eight (8) days in a Grievance Disposition Form or in a document containing substantially after the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decisionmeeting.
(4) Within B. In the event a grievance has not been satisfactorily resolved at the first step as outlined in Section 4.3 A of this Article, the grievant shall refer the grievance to the Superintendent or his official designee within eight (8) days after receipt of the disposition supervisor's written decision or answer at the first step. Within fourteen (14) days after such written grievance has been received by the Superintendent, the Superintendent or his designee shall hold a hearing with the grievant and a representative of the Director grievant, if desired, to resolve the grievance. Upon conclusion of Human Resourcesthe hearing, the AAUP may appeal the Superintendent shall submit his written decision in writing with reasons to the College Grievance Officer, by submitting teacher and the Association within ten (10) days.
C. In the event a Grievance Disposition Reaction Form or a document containing substantially grievance has not been resolved satisfactorily at the same information second step as contained outlined in a Grievance Disposition Reaction Form.
(5) By agreementSection 4.3 B of this Article, the parties grievant may decide to advance submit the grievance to step two binding arbitration. A request to enter into such arbitration shall be submitted in writing by the complaining party to the Board of Education and the American Arbitration Association within eight (8) days after receipt of the procedureSuperintendent's written decision. The arbitration proceeding shall be conducted by an arbitrator in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association. The American Arbitration Association will be requested to provide a panel of thirteen (13) arbitrators. Each of the two parties will alternately strike one name at a time from a panel until only one name shall remain. The remaining name shall be the arbitrator. The decision of the arbitrator will be binding.
D. The arbitrator shall have no power to amend, modify, ignore or add to the provisions of this Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her in writing, and his/her decision must be based solely upon his/her interpretation of the meaning or application of the expressed relevant language of this Agreement.
E. Each party shall bear the full cost for its representation in the arbitration. The cost of the arbitrator and the American Arbitration Association shall be shared equally between the Board of Education and the Association or, in the case of a non- association member, by the teacher.
F. Neither the Board of Education nor the Association shall be permitted to assert any grounds before the arbitrator which were not previously disclosed to the other party.
G. The arbitrator will award appropriate relief to either the teacher, the Association, or to appeal directly to arbitration at step D(4) the Board of this articleEducation.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Formal Grievance Procedure. 1The parties hereto acknowledge that it is usually most desirable for a teacher and his/her immediately involved supervisor to resolve problems through free and informal communications. In When requested by the event that teacher, a complaint cannot representative may accompany the teacher to assist in the informal resolution of the problem or grievance. If, however, such informal process fails to satisfy the teacher, a grievance may be resolved informallyprocessed as follows:
A. The teacher, the parties shall pursue Association, or both may present the first step in the formal grievance procedure before making any application for arbitration, unless the College and the AAUP agree in writing to alter the procedure or waive one or more of the steps by proceeding directly supervisor immediately involved who shall arrange for a meeting to arbitration.
2. Upon written request of the AAUP Contract Compliance Officer, the College shall submit any requested documents in its possession which may be necessary for investigation of the grievance. The College shall deliver such documents as soon as is reasonably possible, but no later than take place within seven (7) days after receipt of a the grievance. The written request.
3. Internal Steps in grievance shall state the Procedure
a. Step One: The Director of Human Resources
(1) Within thirty (30) days of when the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation of the provisions of this Agreement, the AAUP shall submit to the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description nature of the grievance, clearly labeled "grievance" containing substantially shall note the same information as provided for on specific clause or clauses of the Faculty Grievance Form.
(2) Within Agreement allegedly violated, and shall state the specific remedy requested. Such grievance shall be filed within twenty-eight (8) 28) days of receipt the date that the teacher should reasonably be aware of the written grievance, the Director of Human Resources shall convene a meeting event giving rise to discuss the grievance. Such meeting The principal or other administrator who has authority to make a decision on the grievance shall include the grievant(s) and/or the designated representative(s) of the AAUP make such decision and shall be scheduled at a time which is mutually convenient communicate it in writing to the parties.
(3) The Director of Human Resources shall attempt to determine the facts pertaining to the grievance teacher and shall notify the grievant and the AAUP in writing of his/her decision Association within eight (8) days in a Grievance Disposition Form or in a document containing substantially after the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decisionmeeting.
(4) Within B. In the event a grievance has not been satisfactorily resolved at the first step as outlined in Section 4.3 A of this Article, the grievant shall refer the grievance to the Superintendent or his official designee within eight (8) days after receipt of the disposition supervisor's written decision or answer at the first step. Within fourteen (14) days after such written grievance has been received by the Superintendent, the Superintendent or his designee shall hold a hearing with the grievant and a representative of the Director grievant, if desired, to resolve the grievance. Upon conclusion of Human Resourcesthe hearing, the AAUP may appeal the Superintendent shall submit his written decision in writing with reasons to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially teacher and the same information as contained in a Grievance Disposition Reaction FormAssociation within ten (10) days.
(5) By agreementC. In the event a grievance has not been resolved satisfactorily at the second step as outlined in Section 4.3 B of this Article, the parties grievant may decide to advance submit the grievance to step two binding arbitration. A request to enter into such arbitration shall be submitted in writing by the complaining party to the Board of Education and the American Arbitration Association within eight (8) days after receipt of the procedureSuperintendent's written decision. The arbitration proceeding shall be conducted by an arbitrator in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association. The American Arbitration Association will be requested to provide a panel of thirteen (13) arbitrators. Each of the two parties will alternately strike one name at a time from a panel until only one name shall remain. The remaining name shall be the arbitrator. The decision of the arbitrator will be binding.
D. The arbitrator shall have no power to amend, modify, ignore or add to the provisions of this Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him/her in writing, and his/her decision must be based solely upon his/her interpretation of the meaning or application of the expressed relevant language of this Agreement.
E. Each party shall bear the full cost for its representation in the arbitration. The cost of the arbitrator and the American Arbitration Association shall be shared equally between the Board of Education and the Association or, in the case of a non-association member, by the teacher.
F. Neither the Board of Education nor the Association shall be permitted to assert any grounds before the arbitrator which were not previously disclosed to the other party.
G. The arbitrator will award appropriate relief to either the teacher, the Association, or to appeal directly to arbitration at step D(4) the Board of this articleEducation.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Formal Grievance Procedure. 1. In the event that a complaint cannot be resolved informally, the parties shall pursue the first step in the formal grievance procedure before making any application for arbitration, unless the College and the AAUP agree in writing to alter the procedure or waive one or more of the steps by proceeding directly to arbitration.
2. Upon written request of the AAUP Contract Compliance Grievance Officer, the College shall submit any requested documents in its possession which may be necessary for investigation of the grievance. The College shall deliver such documents as soon as is reasonably possible, but no later than seven (7) days after receipt of a written request.
3. Internal Steps in the Procedure
a. Step One: The Director of Human Resources
(1) Within thirty (30) days of when the AAUP learns of, or in the exercise of reasonable diligence should have learned of, an alleged violation of the provisions of this Agreement, the AAUP shall submit to the Director of Human Resources a completed Faculty Grievance Form or a dated, signed, written description of the grievance, clearly labeled "“grievance" ,” containing substantially the same information as provided for on the Faculty Grievance Form.
(2) Within eight (8) days of receipt of the written grievance, the Director of Human Resources shall convene a meeting to discuss the grievance. Such meeting shall include the grievant(s) and/or the designated representative(s) of the AAUP and shall be scheduled at a time which is mutually convenient to the parties.
(3) The Director of Human Resources shall attempt to determine the facts pertaining to the grievance and shall notify the grievant and the AAUP in writing of his/her decision within eight (8) days in a Grievance Disposition Form or in a document containing substantially the same information as contained in a Grievance Disposition Form, which shall include written details of the reasons which support the decision.
(4) Within eight (8) days after receipt of the disposition of the Director of Human Resources, the AAUP may appeal the decision in writing to the College Grievance Officer, by submitting a Grievance Disposition Reaction Form or a document containing substantially the same information as contained in a Grievance Disposition Reaction Form.
(5) By agreement, the parties may decide whether to advance the grievance to step two of the procedure, or to appeal directly to arbitration at step D(4(D)(4) of this article.
Appears in 1 contract
Sources: Collective Bargaining Agreement