Formal Grievance Procedure. In the event that a bargaining unit member believes there is a grievance he/she shall file with the Supervisor a written grievance within ten (10) working days of the alleged violation or the decision at the informal level. The grievance shall contain the following information. A. A concise statement of facts alleging the violation. B. The specific section of this agreement alleged to have been violated. C. A relief requested. D. The name or names of all of the grieving parties. Steps to be followed: 1. Within five (5) working days of receipt of the grievance, the Supervisor shall meet with the bargaining unit member in an effort to resolve the grievance. The manager shall indicate, in writing, his/her disposition of the grievance within five (5) working days of such meeting, and furnish a copy to the Union, ▇▇▇▇▇▇▇, the grieving employee(s) and file a copy in a permanent file in the personnel office. 2. If the decision of the Supervisor is unsatisfactory to the grieving employee(s) or the Union, and further hearing is desired, he/she or they shall file a written grievance within five (5) days to the Assistant Superintendent. Within ten (10) days of receipt of a grievance, the Assistant Superintendent shall schedule a hearing. Within seven (7) days of the hearing on the grievance, the District shall render a decision in writing, transmitting a copy to the Union and to the grieving employee(s) and file a copy in a permanent file in the personnel office. 3. If the decision of the District is unsatisfactory to the employee(s) or the Union, he/she or they shall within fifteen (15) days of the date of said decision may, by written notice to the other party, elect to submit a grievance to arbitration. The Secretary-Treasurer and/or Executive Board of the Local Union shall have the right to determine whether or not the grievance is qualified to be submitted for arbitration by the Union. The arbitrator shall be mutually agreed to by the parties, or if they cannot agree, the arbitrator shall be selected through the American Arbitration Association or Federal Mediation and conciliation Service in accordance with each agency’s respective rules. The arbitrator shall give both parties full opportunity to present evidence and argue the grievance orally, or in writing, and shall be found by the transcript of the testimony and exhibits. In the event of a refusal by either party to submit to or appear at the arbitration hearing, the arbitrator shall have jurisdiction to proceed ex parte and make an award. In any event he/she shall make a written decision, and his/her award shall be binding upon the District, the Union, and the aggrieved. The arbitrator shall not alter, add to or subtract from the Agreement. The cost of arbitration shall be divided equally between the District and the Union, except that each shall pay the cost of his own representative. 4. Failure to institute a grievance or appeal a decision within the time specified shall be deemed acceptance of the decision at that level. Should an employee or group of employees or the Union withdraw a grievance at any level, or should an employee or group of employees leave the employ of the Board, all further proceedings on said grievance shall be barred. 5. The term “day” or “days” used herein shall mean regular working days.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Formal Grievance Procedure. In The parties agree to the event that following governing principles for the filing and processing of formal grievances:
a. If a bargaining unit member believes there is resolution to a grievance he/she shall cannot be reached through the informal process provided in Section 6.02, the Faculty member(s) may file with the Supervisor a written formal grievance within ten (10) working days of the alleged violation or the decision at the informal ▇▇▇▇▇▇▇ level. The If the formal grievance shall contain is filed against the following information.
A. A concise statement of facts alleging the violation.
B. The specific section of this agreement alleged to have been violated.
C. A relief requested.
D. The name or names of all of the grieving parties. Steps to be followed:
1. Within five (5) working days of receipt of the grievance, the Supervisor shall meet with the bargaining unit member in an effort to resolve the grievance. The manager shall indicate, in writing, his/her disposition of the grievance within five (5) working days of such meeting, and furnish a copy to the Union, ▇▇▇▇▇▇▇, the grieving employee(s) and file formal grievance shall automatically be filed at the Chancellor level. The formal grievance may be filed at a copy higher level if the parties mutually agree in a permanent file in the personnel office.
2writing. If the decision action occurred at the Chancellor’s level or above, the formal grievance shall be filed with the Chancellor. Any such formal grievance must be filed within the forty-two (42) day period noted in Section 6.08.
b. A meeting shall be held at the administrative level at which the formal grievance is filed within fourteen (14) days after the formal grievance is filed. The meeting shall be between the Administrator (or designee), the Grievant(s), and, if requested by the Grievant(s), an Association representative. The Grievant(s) and/or Administrator (or designee) may invite an additional person(s) to participate in the meeting, provided the name(s) is given to the other party at least 24 hours in advance of the Supervisor is unsatisfactory meeting. The Administrator (or designee) shall provide a written response to the grieving employee(sGrievant(s) or the Union, and further hearing is desired, he/she or they shall file a written grievance within five Association as appropriate no later than fourteen (514) days to after the Assistant Superintendent. Within ten meeting.
c. If the formal grievance is denied at the ▇▇▇▇▇▇▇ level, the Grievant(s)/Association may file an appeal(s) within fourteen (1014) days of receipt of written denial, to the Chancellor. The Chancellor (or designee) with whom the appeal is filed may hold a grievancemeeting with the Grievant(s)/Association if the Administrator (or designee) believes it is necessary. The Grievant(s) and/or Chancellor (or designee) may invite an additional person(s) to participate in the meeting, provided the Assistant Superintendent name(s) is given to the other party at least 24 hours in advance of the meeting. Any such meeting shall schedule a hearing. Within seven be held within fourteen (714) days after the filing of the hearing on the grievance, the District appeal. The Chancellor (or designee) shall render provide a decision in writing, transmitting a copy written response to the Union and appeal to the grieving employee(s) and file a copy in a permanent file in the personnel office.
3. If the decision of the District is unsatisfactory to the employee(sGrievant(s) or the Union, he/she or they shall Association as appropriate within fifteen fourteen (1514) days after the filing of the date of said decision mayappeal or within fourteen (14) days after the meeting regarding the appeal, by written notice to whichever is later. After the other partyappeal is filed with the Chancellor, the Grievant(s) shall have no further internal appeal rights and may elect to submit a grievance to arbitration. The Secretary-Treasurer and/or Executive Board of the Local Union shall have the right to determine whether or not the grievance is qualified to be submitted for request arbitration by the Union. The arbitrator shall be mutually agreed to by the parties, or if they cannot agree, the arbitrator shall be selected through the American Arbitration Association or Federal Mediation and conciliation Service in accordance with each agency’s respective rules. Section 6.07.
d. The arbitrator shall give both parties full opportunity to present evidence and argue agree that the grievance orally, or in writingprocessing of merit pay, and workload grievances shall be found by the transcript of the testimony and exhibits. In the event of a refusal by either party to submit to or appear at the arbitration hearing, the arbitrator shall have jurisdiction to proceed ex parte and make an award. In any event he/she shall make a written decision, and his/her award shall be binding upon the District, the Union, and the aggrieved. The arbitrator shall not alter, add to or subtract from the Agreement. The cost of arbitration shall be divided equally between the District and the Union, except that each shall pay the cost of his own representativegiven priority over other grievances.
4. Failure to institute a grievance or appeal a decision within the time specified shall be deemed acceptance of the decision at that level. Should an employee or group of employees or the Union withdraw a grievance at any level, or should an employee or group of employees leave the employ of the Board, all further proceedings on said grievance shall be barred.
5. The term “day” or “days” used herein shall mean regular working days.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Grievance Procedure. In the event that a bargaining unit member believes there the grievance is not resolved through the informal process outlined in Section 17.04, the parties agree to the following governing principles for the filing and processing of formal grievances:
a. A grievance will be filed at the lowest administrative level (Level 1: ▇▇▇▇ or designee) and proceed sequentially through the three levels, excepting only a grievance he/she shall file with the Supervisor a written grievance within ten (10) working days of the alleged violation or the decision involving an action that occurred at the informal level. The grievance shall contain the following information.
A. A concise statement of facts alleging the violation.
B. The specific section of this agreement alleged to have been violated.
C. A relief requested.
D. The name or names of all of the grieving parties. Steps to be followed:
1. Within five (5) working days of receipt of the grievance, the Supervisor shall meet with the bargaining unit member in an effort to resolve the grievance. The manager shall indicate, in writing, his/her disposition of the grievance within five (5) working days of such meeting, and furnish a copy to the Union, ▇▇▇▇▇▇▇’▇ level, in which event the grievance shall be filed at the ▇▇▇▇▇▇▇’▇ level (i.e., Level 2) or a grievance involving an action that occurred at the Chancellor’s level, in which event the grievance shall be filed at the Chancellor’s level (i.e., Level 3). The parties may, by mutual written agreement, skip Levels in a specific instance.
b. The Grievant(s) shall submit the grievance in writing to the appropriate administrative level, specifically indicating that the matter is grievable. The written grievance shall contain a statement of the facts, the grieving employee(s) and file a copy in a permanent file in the personnel office.
2. If the decision provision or provisions of the Supervisor is unsatisfactory this Agreement that are alleged to the grieving employee(s) or the Unionhave been violated, and further hearing is desired, he/she or they shall file a written grievance within the relief requested. Within five (5) days to of receiving a written grievance from an individual member, the Assistant Superintendent. Within ten Administrator shall give the Faculty Association written notice.
c. All formal grievances must be filed no later than ninety (1090) days of receipt of a grievance, from the Assistant Superintendent shall schedule a hearing. Within seven (7) days date of the hearing on first occurrence of the matter giving rise to the grievance, or within ninety (90) days after the District shall render a decision in writingGrievant(s), transmitting a copy through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the Union and to the grieving employee(s) and file a copy in a permanent file in the personnel office.
3grievance. If the decision of the District is unsatisfactory to the employee(s) or the Union, he/she or they shall within fifteen (15) days of the date of said decision The parties may, by mutual written notice agreement, extend the time limit for filing a grievance. Neither the University nor the Association shall arbitrarily and/or unreasonably refuse to agree to an extension.
d. A meeting shall be held at the administrative level at which a grievance is filed between the administrator (or designee) at that level, the Grievant(s), and, if requested by the Grievant(s), an Association representative. The Grievant(s), Association 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, elect party at least the day prior to submit the meeting.
e. If a grievance is appealed to arbitration. The Secretary-Treasurer ▇▇▇▇▇ ▇ ▇▇▇/▇▇ ▇▇▇▇▇ ▇, ▇▇▇ ▇▇▇▇▇▇▇▇(▇) and/or Executive Board the Association representative may submit additional information or arguments in support of the Local Union grievance as filed.
f. At Level 3, the Chancellor (or designee) shall have the right respond to determine whether or not the grievance is qualified appealed to be submitted for arbitration by the Union. The arbitrator shall be mutually agreed to by the parties, or if they cannot agree, the arbitrator shall be selected through the American Arbitration Association or Federal Mediation and conciliation Service in accordance with each agency’s respective rules. The arbitrator shall give both parties full opportunity to present evidence and argue the grievance orally, or in writing, and shall be found by the transcript of the testimony and exhibits. In the event of a refusal by either party to submit to or appear at the arbitration hearing, the arbitrator shall have jurisdiction to proceed ex parte and make an award. In any event he/she shall make a written decision, and his/her award shall be binding upon the District, the Union, and the aggrieved. The arbitrator shall not alter, add to or subtract from the Agreement. The cost of arbitration shall be divided equally between the District and the Union, except that each shall pay the cost of his own representative.
4. Failure to institute a grievance or appeal a decision within the time specified shall be deemed acceptance of the decision at that level. Should an employee or group of employees or the Union withdraw a grievance at any level, or should an employee or group of employees leave the employ of the Board, all further proceedings on said grievance shall be barred.
5. The term “day” or “days” used herein shall mean regular working days.Level
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Grievance Procedure. In 12.4.1 Level I
12.4.1.1 Within 60 days after the event that occurrence of the act or omission or within 60 days of the time the grievant became aware or should have become away of the act or omission giving rise to the grievance, the employee must present his/her grievance in writing to the supervisor of the person against whom the grievance is filed.
12.4.1.2 The written grievance must include a bargaining unit member believes there description of the general and specific grounds for the grievance, a list of specific actions upon which the grievance is based, including the names of all persons involved, and the times, places and events when each person so named was involved, the conclusion reached at the informal conference, and a grievance he/she list of specific actions which the grievant feels the college should take to remedy the grievance.
12.4.1.3 The supervisor shall file with the Supervisor communicate a written grievance decision to the grievant within ten (10) working days of the alleged violation or the decision at the informal level. The grievance shall contain the following information.
A. A concise statement of facts alleging the violation.
B. The specific section of this agreement alleged to have been violated.
C. A relief requested.
D. The name or names of all of the grieving parties. Steps to be followed:
1. Within five (5) working days of receipt of the grievance, the Supervisor shall meet with the bargaining unit member in an effort to resolve after receiving the grievance. The manager shall indicateIf the administrator does not respond within the time limit, in writing, his/her disposition of the grievance within five (5) working days of such meetingis deemed denied, and furnish a copy the employee may appeal in writing to the Union, ▇▇▇▇▇▇▇, the grieving employee(s) and file a copy in a permanent file in the personnel office.
2next level. If the decision of the Supervisor is unsatisfactory to the grieving employee(s) or the Union, and further hearing is desired, he/she or they shall file a written grievance Such appeal must be made within five (5) days to after expiration of the Assistant Superintendent. time limit or after the written answer is received, whichever occurs first.
12.4.1.4 Within ten (10) the specified time limit, the grievant or the supervisor may request a personal conference with the other, and such request shall be granted, with the objective of resolving the matter at this level.
12.4.2 Level II
12.4.2.1 If the grievant or the subject of the grievance is not satisfied with the decision of the grievance at Level I, either party may appeal by filing a Notice of appeal with the Vice President for Academic Affairs, which shall include a copy of the original grievance, the response, if any, from Level I, and a notice stating that the employee is appealing, with a clear and concise statement of the reasons for the appeal.
12.4.2.2 The Vice President may request a personal conference with the grievant or any party named in the grievance, and shall render a written decision within 10 days of receipt of a grievance, the Assistant Superintendent shall schedule a hearing. Within seven (7) days of the hearing on the grievance, the District shall render a decision in writing, transmitting a copy to the Union and to the grieving employee(s) and file a copy in a permanent file in the personnel office.
3appeal. If the Vice President does not render a written decision within the prescribed time limit the grievance is deemed denied, and the employee may appeal to the next level. Such appeal must be made within five (5) days after the expiration of the time limit or after the written response is received, which-ever occurs first.
12.4.3 Level III If the grievance is not resolved at the level of the Vice President, the grievant or the subject of the grievance may appeal for the grievance to be considered by a hearing committee. The hearing committee shall be composed of three members consisting of a faculty member recommended by the grievant, a faculty member recommended by the chief party against whom the grievance is brought and a faculty member (full-time or adjunct) or an administrator appointed by the Superintendent/President who shall chair the committee. The hearing committee shall meet within 20 days of its appointment for the purpose of conducting a hearing at which all parties to the grievance shall be present and allowed to present information and argument. The hearing committee shall render its decision in writing to the Superintendent/President within 10 days after the close of such hearing. If the hearing committee does not respond within the time limit to the grievance is deemed denied, and the employee may appeal in writing to the next level. Such appeal must be made within five (5) days after expiration of the time limit or after the written answer is received, whichever occurs first.
12.4.4 Level IV If the grievance is not resolved at Level III, the grievant or the subject or the grievance may appeal to the Superintendent/President by filing a written Notice of Appeal, together with a copy of the original grievance and any responses at Levels I, II, and III, and a statement of reasons for the appeal. The Superintendent/President may conduct a review of the matter himself/herself, including requesting meetings with the grievant and other parties concerned. These meetings may be held separately or together with the involved parties. The decision of the District is unsatisfactory to the employee(s) or the Union, heSuperintendent/she or they shall within fifteen (15) days of the date of said decision may, by written notice to the other party, elect to submit a grievance to arbitration. The Secretary-Treasurer and/or Executive Board of the Local Union shall have the right to determine whether or not President on the grievance is qualified to be submitted for arbitration by the Union. The arbitrator shall be mutually agreed to by the parties, or if they cannot agree, the arbitrator shall be selected through the American Arbitration Association or Federal Mediation and conciliation Service in accordance with each agency’s respective rules. The arbitrator shall give both parties full opportunity to present evidence and argue the grievance orally, or in writing, and shall be found by issued within 20 days after the transcript filing of the testimony and exhibits. grievance.
12.4.5 Level V In the event of a refusal by either party to submit to or appear the grievance is not resolved at the arbitration hearingLevel IV, the arbitrator shall have jurisdiction to proceed ex parte and make an award. In any event hegrievant or the subject of the grievance may appeal the decision of the Superintendent/she shall make President by filing a written decisionNotice of Appeal with the governing board within five (5) days after receipt of the Superintendent/President’s division. The appeal must be in writing, and his/her award shall include the original grievance, the responses at Levels I, II, III, and IV, and a clear and concise statement of the reasons for the appeal. The governing board shall conduct such hearings as the board determines necessary in order to review the matter and render a fair and just decision. The board shall render its decision within thirty (30) days after receipt of the appeal, or such extension of that time as determined by the board to be necessary to complete its review of the matter. The decision of the board shall be binding upon the District, the Union, final and the aggrieved. The arbitrator shall not alter, add to or subtract from the Agreement. The cost of arbitration shall be divided equally between the District and the Union, except that each shall pay the cost of his own representativebinding.
4. Failure to institute a grievance or appeal a decision within the time specified shall be deemed acceptance of the decision at that level. Should an employee or group of employees or the Union withdraw a grievance at any level, or should an employee or group of employees leave the employ of the Board, all further proceedings on said grievance shall be barred.
5. The term “day” or “days” used herein shall mean regular working days.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Formal Grievance Procedure. The parties agree to the following governing principles for the filing and processing of grievances:
a. In the event the grievance is not resolved through an informal process, a grievance will be filed in writing at the administrative level immediately above the level at which the action occurred that gives rise to the grievance. The parties may, by mutual written agreement, skip levels in a bargaining unit member believes there specific instance. If the action occurred at the Chancellor's level or above, the grievance shall be filed at the Chancellor's level. Any such grievance must be filed within the forty-two (42) day period noted in Section 7.04.
b. The written grievance shall specifically indicate that the matter is a grievance he/she under this Agreement and shall file with the Supervisor contain a written grievance within ten (10) working days statement of the alleged violation facts, the provision or the decision at the informal level. The grievance shall contain the following information.
A. A concise statement of facts alleging the violation.
B. The specific section provisions of this agreement Agreement that are alleged to have been violated, and the relief requested. If there was an attempt at informal resolution, the written grievance may also provide information on the informal process. A meeting shall be held at the administrative level at which a grievance is filed within fourteen (14) days after the grievance is filed. The meeting shall be between the Administrator (or designee), the Grievant(s), and, if requested by the Grievant(s), an Association representative. The Grievant(s) and/or Administrator (or designee) may invite an additional person(s) to participate in the meeting, provided the name(s) is given to the other party at least 24 hours in advance of the meeting. If no resolution of the grievance is reached, the Administrator (or designee) shall provide a written answer to the Grievant(s) and the Association as appropriate no later than fourteen (14) days following such meeting.
C. A relief requested.
D. The name or names of all of c. If the grieving parties. Steps grievance is denied at the level filed, the Grievant(s)/Association may file an appeal(s) to be followed:
1. Within five the next administrative level within fourteen (514) working days of receipt of the grievancewritten denial, up to and including the Supervisor Chancellor (e.g., an appeal of a ▇▇▇▇’▇ determination shall meet be filed with the bargaining unit member in an effort to resolve the grievance. The manager shall indicate, in writing, his/her disposition of the grievance within five (5) working days of such meeting, and furnish a copy to the Union, ▇▇▇▇▇▇▇; an appeal of the ▇▇▇▇▇▇▇’▇ determination shall be filed with the Chancellor, etc.). The appeal(s) shall state the grieving employee(sbasis upon which the Grievant(s) and file believes the grievance was improperly denied at the previous level. The Grievant(s) shall also attach a copy in a permanent file in the personnel office.
2. If the decision of the Supervisor is unsatisfactory to original complaint and all documents supporting the grieving employee(sgrievance. The Grievant(s) and/or the Association representative may submit additional information or arguments in support of the Union, and further hearing is desired, he/she or they shall file a written grievance within five (5) days to the Assistant Superintendentas filed. Within ten fourteen (10) days of receipt of a grievance, the Assistant Superintendent shall schedule a hearing. Within seven (714) days of the hearing on receipt of the grievanceappeal, the District shall render Administrator (or designee) with whom the appeal is filed may hold a decision meeting to discuss the grievance with the Grievant(s)/Association if the Administrator (or designee) believes it necessary. The Grievant(s) and/or Administrator (or designee) may invite an additional person(s) to participate in writingthe meeting, transmitting a copy provided the name(s) is given to the Union and other party at least 24 hours in advance of the meeting. The Administrator (or designee) shall provide a written response to the grieving employee(s) and file a copy in a permanent file in the personnel office.
3. If the decision of the District is unsatisfactory appeal to the employee(sGrievant(s) or the Union, he/she or they shall Association as appropriate within fifteen fourteen (1514) days after the filing of the appeal or within fourteen (14) days after the date of said decision mayon which a meeting was held to discuss the appeal, by written notice to whichever is later.
d. If the other partyappeal is filed with the Chancellor, then the Grievant(s) shall have no further internal appeal rights and may elect to submit a grievance to arbitration. The Secretary-Treasurer and/or Executive Board of the Local Union shall have the right to determine whether or not the grievance is qualified to be submitted for request arbitration by the Union. The arbitrator shall be mutually agreed to by the parties, or if they cannot agree, the arbitrator shall be selected through the American Arbitration Association or Federal Mediation and conciliation Service in accordance with each agency’s respective rules. The arbitrator shall give both parties full opportunity to present evidence and argue the grievance orally, or in writing, and shall be found by the transcript of the testimony and exhibits. In the event of a refusal by either party to submit to or appear at the arbitration hearing, the arbitrator shall have jurisdiction to proceed ex parte and make an award. In any event he/she shall make a written decision, and his/her award shall be binding upon the District, the Union, and the aggrieved. The arbitrator shall not alter, add to or subtract from the Agreement. The cost of arbitration shall be divided equally between the District and the Union, except that each shall pay the cost of his own representativeSection 7.07.
4. Failure to institute a grievance or appeal a decision within the time specified shall be deemed acceptance of the decision at that level. Should an employee or group of employees or the Union withdraw a grievance at any level, or should an employee or group of employees leave the employ of the Board, all further proceedings on said grievance shall be barred.
5. The term “day” or “days” used herein shall mean regular working days.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Formal Grievance Procedure. In the event 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. A grievance will be filed at the administrative level at which the action occurred that gives rise to the grievance, excepting only a bargaining unit member believes there grievance involving an action that occurred above the Chancellor’s level, in which event the grievance shall 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 he/she shall file with the Supervisor a written grievance within ten (10) working days of the alleged violation or the decision at the informal levelunder this Agreement. The written grievance shall contain the following information.
A. A concise a statement of facts alleging the violation.
B. The specific section facts, the provision or provisions of this agreement Agreement that are alleged to have been violated.
C. A , and the relief requested.
D. The name or names of all c. All formal grievances must be presented no later than forty-two (42) days from the date of the first 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 must be presented no later than September 1 or forty-two (42) days from the date of the first occurrence, whichever is longer. The parties may, by mutual written agreement, extend the time limit for filing a grievance, provided that the Board shall not arbitrarily and unreasonably refuse to agree to an extension. If a party to this Agreement serves upon the other party a written request for such an extension of time, then upon delivery of that request to the other party, the running of the said forty-two (42) day period shall stop. Should the other party deny the request for extension of time, then the grieving parties. Steps to be followed:
1. Within party shall have five (5) working days of receipt or the remainder of the original forty-two (42) day period, whichever is longer, to file the grievance.
d. A meeting shall be held at the administrative level at which a grievance is filed between the administrator at that level, the Supervisor shall meet with Grievant(s), and, if requested by the bargaining unit member in Grievant(s), an effort to resolve the grievanceAssociation representative. The manager shall indicateGrievant(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 writing, his/her disposition advance of the meeting. At subsequent Levels of the grievance within five (5procedure 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 Grievant(s) working days and/or the Association representative may submit additional information or arguments in support of such meetingthe grievance as filed. At Level 3, and furnish a copy either the ▇▇▇▇▇▇▇ or Chancellor may respond to the Uniongrievance appealed to Level 3; provided, however, if the grievance involves an action that occurred at the ▇▇▇▇▇▇▇’▇ level, the grieving employee(s▇▇▇▇▇▇▇ (or designee) shall have the right to respond to the grievance and file a copy in a permanent file in if it is not resolved at the personnel office▇▇▇▇▇▇▇’▇ level, it may be appealed to the Chancellor. The parties agree that the processing of merit pay and workload grievances shall be given priority. Depending upon the administrative level at which the grievance is filed, the grievance shall be processed as follows.
2. If LEVEL 1: Department Chair/Director The Department Chair/Director shall meet with the decision of Grievant(s), and, if requested by the Supervisor is unsatisfactory Grievant(s), an Association representative, to discuss the grieving employee(s) or the Union, and further hearing is desired, he/she or they shall file a written grievance within five (5) days to the Assistant Superintendent. Within ten (10) days of receipt of a grievance, the Assistant Superintendent shall schedule a hearing. Within seven (7) days of the hearing on the grievance, the District shall render a decision in writing, transmitting a copy to the Union and to the grieving employee(s) and file a copy in a permanent file in the personnel office.
3grievance filing. If the decision no settlement of the District is unsatisfactory to the employee(s) or the Union, he/she or they shall within fifteen (15) days of the date of said decision may, by written notice to the other party, elect to submit a grievance to arbitration. The Secretary-Treasurer and/or Executive Board of the Local Union shall have the right to determine whether or not the grievance is qualified to be submitted for arbitration by the Union. The arbitrator shall be mutually agreed to by the parties, or if they cannot agreereached, the arbitrator Department Chair/Director shall be selected through the American Arbitration Association or Federal Mediation and conciliation Service in accordance with each agency’s respective rules. The arbitrator shall give both parties full opportunity to present evidence and argue the grievance orally, or in writing, and shall be found by the transcript of the testimony and exhibits. In the event of a refusal by either party to submit to or appear at the arbitration hearing, the arbitrator shall have jurisdiction to proceed ex parte and make an award. In any event he/she shall make provide a written decision, and his/her award shall be binding upon answer to the District, the Union, Grievant(s) and the aggrievedAssociation within ten (10) days following such meeting. The arbitrator shall not alter, add to or subtract from the Agreement. The cost of arbitration shall be divided equally between the District and the Union, except that each shall pay the cost of his own representative.
4. Failure to institute a grievance or appeal a decision within the time specified shall be deemed acceptance of the decision at that level. Should an employee or group of employees or the Union withdraw a grievance at any level, or should an employee or group of employees leave the employ of the Board, all further proceedings on said grievance shall be barred.
5. The term “day” or “days” used herein shall mean regular working days.LEVEL 2: ▇▇▇▇
Appears in 1 contract
Sources: Collective Bargaining Agreement
Formal Grievance Procedure. In The parties agree to the event that following governing principles for the filing and processing of formal grievances:
a. If a bargaining unit member believes there is resolution to a grievance he/she shall cannot be reached through the informal process provided in Section 6.02, the Faculty member(s) may file with the Supervisor a written formal grievance within ten (10) working days of the alleged violation or the decision at the informal ▇▇▇▇▇▇▇ level. The If the formal grievance shall contain is filed against the following information.
A. A concise statement of facts alleging the violation.
B. The specific section of this agreement alleged to have been violated.
C. A relief requested.
D. The name or names of all of the grieving parties. Steps to be followed:
1. Within five (5) working days of receipt of the grievance, the Supervisor shall meet with the bargaining unit member in an effort to resolve the grievance. The manager shall indicate, in writing, his/her disposition of the grievance within five (5) working days of such meeting, and furnish a copy to the Union, ▇▇▇▇▇▇▇, the grieving employee(s) and file formal grievance shall automatically be filed at the Chancellor level. The formal grievance may be filed at a copy higher level if the parties mutually agree in a permanent file in the personnel office.
2writing. If the decision action occurred at the Chancellor’s level or above, the formal grievance shall be filed with the Chancellor. Any such formal grievance must be filed within the forty-two (42) day period noted in Section 6.08.
b. A meeting shall be held at the administrative level at which the formal grievance is filed within fourteen (14) days after the formal grievance is filed. The meeting shall be between the Administrator (or designee), the Grievant(s), and, if requested by the Grievant(s), an Association representative. The Grievant(s) and/or Administrator (or designee) may invite an additional person(s) to participate in the meeting, provided the name(s) is given to the other party at least 24 hours in advance of the Supervisor is unsatisfactory meeting. The Administrator (or designee) shall provide a written response to the grieving employee(sGrievant(s) or the Union, and further hearing is desired, he/she or they shall file a written grievance within five Association as appropriate no later than fourteen (514) days to after the Assistant Superintendent. Within ten meeting.
c. If the formal grievance is denied at the ▇▇▇▇▇▇▇ level, the Grievant(s)/Association may file an appeal(s) within fourteen (1014) days of receipt of written denial, to the Chancellor. The Chancellor (or designee) with whom the appeal is filed may hold a grievancemeeting with the Grievant(s)/Association if the Administrator (or designee) believes it is necessary. The Grievant(s) and/or Chancellor (or designee) may invite an additional person(s) to participate in the meeting, provided the Assistant Superintendent name(s) is given to the other party at least 24 hours in advance of the meeting. Any such meeting shall schedule a hearing. Within seven be held within fourteen (714) days after the filing of the hearing on the grievance, the District appeal. The Chancellor (or designee) shall render provide a decision in writing, transmitting a copy written response to the Union and appeal to the grieving employee(s) and file a copy in a permanent file in the personnel office.
3. If the decision of the District is unsatisfactory to the employee(sGrievant(s) or the Union, he/she or they shall Association as appropriate within fifteen fourteen (1514) days after the filing of the date of said decision mayappeal or within fourteen (14) days after the meeting regarding the appeal, by written notice to whichever is later. After the other partyappeal is filed with the Chancellor, the Grievant(s) shall have no further internal appeal rights and may elect to submit a grievance to arbitration. The Secretary-Treasurer and/or Executive Board of the Local Union shall have the right to determine whether or not the grievance is qualified to be submitted for request arbitration by the Union. The arbitrator shall be mutually agreed to by the parties, or if they cannot agree, the arbitrator shall be selected through the American Arbitration Association or Federal Mediation and conciliation Service in accordance with each agency’s respective rules. Section 6.07.
d. The arbitrator shall give both parties full opportunity to present evidence agree that the processing of merit pay and argue the grievance orally, or in writing, and workload grievances shall be found by the transcript of the testimony and exhibits. In the event of a refusal by either party to submit to or appear at the arbitration hearing, the arbitrator shall have jurisdiction to proceed ex parte and make an award. In any event he/she shall make a written decision, and his/her award shall be binding upon the District, the Union, and the aggrieved. The arbitrator shall not alter, add to or subtract from the Agreement. The cost of arbitration shall be divided equally between the District and the Union, except that each shall pay the cost of his own representativegiven priority over other grievances.
4. Failure to institute a grievance or appeal a decision within the time specified shall be deemed acceptance of the decision at that level. Should an employee or group of employees or the Union withdraw a grievance at any level, or should an employee or group of employees leave the employ of the Board, all further proceedings on said grievance shall be barred.
5. The term “day” or “days” used herein shall mean regular working days.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Formal Grievance Procedure. In the event that a bargaining unit member believes there An employee whose grievance is a grievance he/she shall file with the Supervisor a written grievance within ten (10) working days of the alleged violation or the decision at not satisfactorily resolved by the informal levelprocedure may institute a formal grievance. The formal grievance shall contain conform to the following informationfollowing:
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.
A. A concise statement of facts alleging the violation.
B. The specific section of this agreement alleged to have been violated.
C. A relief requested.
D. The name or names of all of the grieving parties. Steps to be followed:
1. b. Within five (5) working days of after receipt of the grievancesupervisor's oral decision in the informal proceeding, the Supervisor 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 bargaining unit member in an effort to resolve the grievance. The manager shall indicate, in writing, his/her disposition of the grievance within five (5) working days of such meeting, and furnish a copy to the Union, ▇▇▇▇▇▇▇, the grieving employee(s) and file a copy in a permanent file in the personnel office.
2. If the decision of the Supervisor is unsatisfactory to the grieving employee(s) or the Union, and further hearing is desired, he/she or they shall file a written grievance 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 Assistant Superintendent. Within ten grievant within five (105) days after their meeting. A copy of receipt the supervisor's decision and attached grievance documents shall also be filed with the Human Resources Director.
d. The grievant may appeal the decision of a grievance, the Assistant Superintendent shall schedule a hearing. Within 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 the hearing on the grievance, the District shall render a decision in writing, transmitting a copy to the Union and to the grieving employee(s) and file a copy in a permanent file in the personnel office.
3supervisor's decision. If the decision The functions of the District is unsatisfactory to the employee(s) or the Union, he/she or they shall within fifteen (15) days of the date of said decision may, by written notice to the other party, elect to submit a grievance to arbitration. The Secretary-Treasurer and/or Executive Board of the Local Union shall have the right to determine whether or not the grievance is qualified to Department Head hereunder may be submitted for arbitration performed by the Union. The arbitrator shall be mutually agreed to by the parties, or if they cannot agree, the arbitrator shall be selected through the American Arbitration Association or Federal Mediation and conciliation Service in accordance with each agency’s respective rules. The arbitrator shall give both parties full opportunity to present evidence and argue the grievance orally, or in writing, and shall be found by the transcript of the testimony and exhibits. In the event of a refusal by either party to submit to or appear at the arbitration hearing, the arbitrator shall have jurisdiction to proceed ex parte and make an award. In any event he/she shall make a written decision, and his/her award shall be binding upon the District, the Union, and the aggrieved. The arbitrator shall not alter, add to or subtract from the Agreement. The cost of arbitration shall be divided equally between the District and the Union, except that each shall pay the cost of his own Department Head's duly authorized representative.
4. Failure to institute a grievance or appeal a decision within e. The person occupying the time specified shall be deemed acceptance next higher level of supervision together with the decision at that level. Should an employee or group of employees or the Union withdraw a grievance at any levelDepartment Head, or should an employee or group of employees leave representative, shall meet with the employ of the Board, all further proceedings on said grievance shall be barred.
5. The term “day” or “days” used herein shall mean regular working days.grievant within ten
Appears in 1 contract
Sources: Memorandum of Understanding
Formal Grievance Procedure. The following sets forth steps to be followed in attempting to resolve grievances:
Step 1. In the event that a bargaining unit member believes there the problem is not resolved informally, as set forth in 5.1.4, it shall be reduced to writing and submitted to the appropriate administrator as a grievance he/she shall file with the Supervisor a written grievance within ten thirty (1030) working days of the alleged violation time the grievant had knowledge or the decision at the informal level. The grievance shall contain the following information.
A. A concise statement of facts alleging the violation.
B. The specific section of this agreement alleged to should have been violated.
C. A relief requested.
D. The name or names of all had knowledge of the grieving parties. Steps problem giving rise to be followed:
1. Within five (5) working days of receipt of the grievance, the Supervisor shall meet with the bargaining unit member in an effort to resolve the grievance. The manager written grievance shall indicatestate the fact(s) upon which it is based, in writingthe issue involved, his/her any Agreement provisions allegedly violated, and the relief sought.
Step 2. In the event the grievant is unsatisfied with the disposition of the grievance within five (5) working days of such meetingat Step I, and furnish a copy to the Union, ▇▇▇▇▇▇▇, the grieving employee(s) and file a copy in a permanent file or in the personnel office.
2. If the event no decision of the Supervisor is unsatisfactory to the grieving employee(s) or the Union, and further hearing is desired, he/she or they shall file a written grievance reached within five (5) days after the presentation of the grievance, the grievant and/or the Association may, within five (5) days thereafter, refer the matter in writing to the Assistant Superintendent. Within , either by certified mail or in person.
(a) If the Association decides not to pursue the grievance, it shall notify the grievant and the District Superintendent in writing, and the matter, insofar as the Association is concerned, is terminated.
(b) The Association, in pursuing the grievance on behalf of the grievant, shall meet with the Superintendent or his/her designee within ten (10) days of the Superintendent’s receipt of the notice, in an effort to reach an equitable solution.
(c) The superintendent or his/her designee shall issue a grievance, the Assistant Superintendent shall schedule a hearing. Within seven (7) days of the hearing on the grievance, the District shall render a decision in writing, transmitting a copy written response to the Union and to the grieving employee(s) and file a copy in a permanent file in the personnel office.
3. If the decision of the District is unsatisfactory to the employee(s) or the Union, he/she or they shall grievant within fifteen (15) days of the date of said decision mayfollowing this meeting.
(d) Time limits, by written notice to the other partyas set forth in this section, elect to submit a grievance to arbitration. The Secretary-Treasurer and/or Executive Board of the Local Union shall have the right to determine whether or not the grievance also apply when an employee is qualified to be submitted for arbitration by the Union. The arbitrator shall be mutually agreed to by the parties, or if they cannot agree, the arbitrator shall be selected through the American Arbitration Association or Federal Mediation and conciliation Service acting in accordance with each agency’s respective rules. The arbitrator shall give both parties full opportunity to present evidence and argue the grievance orally, or in writing, and shall be found by the transcript of the testimony and exhibitshis/her own behalf.
Step 3. In the event the grievant is unsatisfied with the disposition of a refusal by either party to submit to or appear the grievance at the arbitration hearingconclusion of Step 2, said grievant may, within ten (10) days, refer the arbitrator grievance to the Eatonville School Board of Directors. A quorum of the board of directors shall have jurisdiction to proceed ex parte and make an awardconsider the matter in executive session, if permitted by law, at which the grievant may appear. In The board of directors may issue a bench decision, but in any event he/she shall make a written decision, and his/her award shall be binding upon the District, the Union, and the aggrieved. The arbitrator shall not alter, add to or subtract from the Agreement. The cost of arbitration shall be divided equally between the District and the Union, except that each shall pay the cost of his own representative.
4. Failure to institute a grievance or appeal a decision give its answer within the time specified shall be deemed acceptance of the decision at that level. Should an employee or group of employees or the Union withdraw a grievance at any level, or should an employee or group of employees leave the employ of the Board, all further proceedings on said grievance shall be barred.
5. The term “day” or “days” used herein shall mean regular working ten (10) days.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Formal Grievance Procedure. In the event that a bargaining unit member believes there the grievance is not resolved through the informal process outlined in Section 7.04, the parties agree to the following governing principles for the filing and processing of formal grievances:
a. A grievance will be filed at the lowest administrative level (▇▇▇▇▇▇: ▇▇▇▇ or designee) and proceed sequentially through the three levels, excepting only a grievance he/she shall file with the Supervisor a written grievance within ten (10) working days of the alleged violation or the decision involving an action that occurred at the informal level. The grievance shall contain the following information.
A. A concise statement of facts alleging the violation.
B. The specific section of this agreement alleged to have been violated.
C. A relief requested.
D. The name or names of all of the grieving parties. Steps to be followed:
1. Within five (5) working days of receipt of the grievance, the Supervisor shall meet with the bargaining unit member in an effort to resolve the grievance. The manager shall indicate, in writing, his/her disposition of the grievance within five (5) working days of such meeting, and furnish a copy to the Union, ▇▇▇▇▇▇▇'▇ level, in which event the grievance shall be filed at the ▇▇▇▇▇▇▇'▇ level (i.e., Level 2) or a grievance involving an action that occurred at the Chancellor's level, in which event the grievance shall be filed at the Chancellor's level (i.e., Level 3). The parties may, by mutual written agreement, skip Levels in a specific instance.
b. The Grievant(s) shall submit the grievance in writing to the appropriate administrative level, specifically indicating that the matter is grievable. The written grievance shall contain a statement of the facts, the grieving employee(s) provision or provisions of this Agreement that are alleged to have been violated, and file a copy in a permanent file in the personnel officerelief requested.
2. If c. All formal grievances must be filed no later than ninety (90) days from the decision date of the Supervisor is unsatisfactory to the grieving employee(s) or the Union, and further hearing is desired, he/she or they shall file a written grievance within five (5) days to the Assistant Superintendent. Within ten (10) days of receipt of a grievance, the Assistant Superintendent shall schedule a hearing. Within seven (7) days first occurrence of the hearing on matter giving rise to the grievance, or within ninety (90) days after the District shall render a decision in writingGrievant(s), transmitting a copy through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the Union and to the grieving employee(s) and file a copy in a permanent file in the personnel office.
3grievance. If the decision of the District is unsatisfactory to the employee(s) or the Union, he/she or they shall within fifteen (15) days of the date of said decision The parties may, by mutual written notice agreement, extend the time limit for filing a grievance. Neither the University nor the Association shall arbitrarily and/or unreasonably refuse to agree to an extension.
d. A meeting shall be held at the administrative level at which a grievance is filed between the administrator (or designee) at that level, the Grievant(s), and, if requested by the Grievant(s), an Association representative. The Grievant(s), Association 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, elect party at least the day prior to submit the meeting.
e. If a grievance is appealed to arbitration. The Secretary-Treasurer ▇▇▇▇▇ ▇ ▇▇▇/▇▇ ▇▇▇▇▇ ▇, ▇▇▇ ▇▇▇▇▇▇▇▇(▇) and/or Executive Board the Association representative may submit additional information or arguments in support of the Local Union grievance as filed.
f. At Level 3, the Chancellor (or designee) shall have the right respond to determine whether or not the grievance is qualified appealed to be submitted for arbitration by the Union. The arbitrator shall be mutually agreed to by the parties, or if they cannot agree, the arbitrator shall be selected through the American Arbitration Association or Federal Mediation and conciliation Service in accordance with each agency’s respective rules. The arbitrator shall give both parties full opportunity to present evidence and argue the grievance orally, or in writing, and shall be found by the transcript of the testimony and exhibits. In the event of a refusal by either party to submit to or appear at the arbitration hearing, the arbitrator shall have jurisdiction to proceed ex parte and make an award. In any event he/she shall make a written decision, and his/her award shall be binding upon the District, the Union, and the aggrieved. The arbitrator shall not alter, add to or subtract from the Agreement. The cost of arbitration shall be divided equally between the District and the Union, except that each shall pay the cost of his own representative.
4. Failure to institute a grievance or appeal a decision within the time specified shall be deemed acceptance of the decision at that level. Should an employee or group of employees or the Union withdraw a grievance at any level, or should an employee or group of employees leave the employ of the Board, all further proceedings on said grievance shall be barred.
5. The term “day” or “days” used herein shall mean regular working days.Level
Appears in 1 contract
Sources: Collective Bargaining Agreement