Formal Procedure. a. The grievant shall submit a written grievance to his/her building Principal within fifteen (15) days of the day the alleged violation occurred. The written grievance shall cite the specific articles, sections, and paragraphs alleged to be violated, and will also state the specific remedy sought. b. The building Principal shall schedule and hold a meeting within five (5) days after receipt of the written or digital grievance. Present at this meeting shall include the grievant(s), and if the grievant so desires, a representative of his/her own choosing and the building Principal, and if the building Principal desires, a representative of his/her own choosing. c. The building Principal will transmit his/her decision in writing with reasons upon which the decision was based, to the grievant within four (4) days after the meeting was held. a. If the grievant is not satisfied with the disposition of the grievance at Step I or if no decision has been rendered within ten (10) days after presentation of the grievance, the grievance may be referred to the Superintendent or his/her designee in his/her absence. b. The Superintendent shall arrange for a meeting to take place within five (5) days of the receipt of the appeal. c. Upon conclusion of the meeting, the Superintendent will provide his/her written decision to the grievant, Association, and building Principal if involved within four (4) days. Such written decision shall include reasons upon which the decision was based. d. If the Association is not the representative for a grievant, a spokesperson for the Association may be present to submit the Association's views on the grievance. a. If the grievant is not satisfied with the disposition of his/her grievance at Step II, or if no decision has been rendered within ten (10) days after he/she first met with the Superintendent or his/her official designee, he/she may within five (5) days after the decision of the Superintendent or fifteen (15) days after he/she first met with the Superintendent, whichever is sooner, a request in writing that his/her grievance be heard within twenty (20) working days from the receipt of the request. b. Neither party shall be permitted to enter into the school board hearing any information which was not submitted to all parties in interest before completion of Step II. c. At the conclusion of the hearing, the Board shall render its decision by vote of the members present and shall transmit its decision in writing to the grievant, the building Principal, if involved, the Superintendent, and the Association.
Appears in 2 contracts
Sources: Procedural Agreement for Negotiations, Collective Bargaining Agreement
Formal Procedure. a. The STEP 1 No later than twenty (20) days after the grievant could reasonably be expected to know about the occurrence of the alleged violation giving rise to the grievance, the grievant may submit to the proper immediate administrative authority, who has the authority to bring about a resolution of the alleged problem, a completed and signed Grievance Report form, Step I. A copy of the completed form shall submit a written grievance be given to his/her building Principal within fifteen the grievant and to the Association Building Representative. Within five (155) days of receipt of the day Grievance Report, the alleged violation occurredadministrator shall meet with the grievant and/or his Association representative in an effort to resolve the grievance. The written grievance administrator shall cite indicate in writing his disposition to the specific articles, sections, grievant and paragraphs alleged to be violated, and will also state the specific remedy sought.
b. The building Principal shall schedule and hold a meeting Association within five (5) days after receipt of the written or digital grievance. Present at this meeting shall include the grievant(s), and if the grievant so desires, a representative of his/her own choosing and the building Principal, and if the building Principal desires, a representative of his/her own choosingsuch meeting.
c. The building Principal will transmit his/her decision in writing with reasons upon which the decision was based, to the grievant within four (4) days after the meeting was held.
a. STEP 2 If the grievant is not satisfied with the or if no disposition of the grievance at Step I or if no decision has been rendered made within the time limits set forth in Step I, within ten (10) days after presentation of receipt of the grievanceadministrative decision in Step I, the grievance may be referred grievant and/or the Association representative shall complete a written Grievance Report Form, Step II, and submit the same to the Superintendent. Within ten (10) days the Superintendent or his/her designee in his/her absence.
b. The Superintendent and/or his designated representative shall arrange for a meeting to take place within five meet with the grievant and/or his Association representative. Within ten (510) days of the receipt of the appeal.
c. Upon conclusion of the meeting, meeting the Superintendent will provide his/her written decision shall indicate in writing his disposition and forward a copy thereof to the grievant, the Association, and building Principal if involved within four (4Administrator(s) days. Such written decision shall include reasons upon which the decision was basedinvolved.
d. If the Association is not the representative for a grievant, a spokesperson for the Association may be present to submit the Association's views on the grievance.
a. STEP 3 If the grievant and/or Association is not satisfied with the disposition of his/her grievance at Step II, or if no decision disposition has been rendered made within the above stated time limits, the Association representative may submit the grievance to an impartial arbitrator by filing with the Superintendent or designee within thirty (30) days a request for arbitration. Within ten (10) days after he/she first met with the Superintendent or his/her official designee, he/she may within five (5) days after request the decision Association representative and a representative of the Superintendent Administration shall meet to select the arbitrator. If no arbitrator is selected within said ten (10) days, the matter shall be submitted to the American Arbitration Association in accordance with it rules, which rules shall likewise govern the arbitration proceeding. The arbitrator shall have no power to alter, add to, or fifteen (15) days after he/she first met with the Superintendent, whichever is sooner, a request in writing that his/her grievance be heard within twenty (20) working days subtract from the receipt stated policies and rights herein contained, and his award shall be final and binding upon the parties. Either or both parties may be represented at the arbitration hearing. The fees and expenses of the request.
b. Neither party arbitrator shall be permitted to enter into the school board hearing any information which was not submitted to all parties in interest before completion of Step II.
c. At the conclusion of the hearing, shared by the Board and Association. All additional expenses shall render its decision be borne by vote of the members present and shall transmit its decision in writing parties incurring them. The arbitrator may determine if he has jurisdiction. There will be no decisions contrary to the grievant, the building Principal, if involved, the Superintendent, and the Associationlaw.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Procedure. a. Should a grievance not be resolved at the informal level, then the teacher and/or teacher- designated representative will complete the following steps in filing a formal grievance;
Step I. The grievant shall submit teacher and/or teacher-designated representative will present the grievance in writing to the administrative superior (in case of a written grievance to his/her building Principal school, the principal) within fifteen ten (1510) working days following the completion of the day informal procedure. A written response will be given the alleged violation occurred. The written grievance shall cite aggrieved by the specific articles, sections, and paragraphs alleged to be violated, and will also state the specific remedy sought.
b. The building Principal shall schedule and hold a meeting administrative superior within five (5) working days after of the receipt of the written or digital grievance. Present at this meeting shall include The five-day limitation may be extended by mutual agreement. If not satisfied, the grievant(s), and if teacher and/or teacher-designated representative may appeal the grievant so desires, a representative of his/her own choosing and the building Principal, and if the building Principal desires, a representative of his/her own choosing.
c. The building Principal will transmit his/her administrative decision in writing with reasons upon which the decision was basedStep I, in writing, to the grievant within four (4) days after the meeting was held.
a. If the grievant is not satisfied with the disposition of the grievance at Step I or if no decision has been rendered within ten (10) days after presentation of the grievance, the grievance may be referred to the Superintendent or his/her designee in his/her absence.
b. The Superintendent shall arrange for a meeting to take place appropriate District Administrator within five (5) working days of receipt of the Step I administrative decision. Prior to a written response, a face-to-face conference may occur between the grievant and/or representative and the appropriate District Administrator. A written response will be given to the aggrieved by the appropriate District Administrator within five (5) working days of the receipt of the appeal.
c. Upon conclusion of the meeting. The five-day limitation may be extended by mutual agreement. If not satisfied, the Superintendent will provide his/her written teacher and/or teacher-designated representative may appeal the administrative decision to the grievant, Association, and building Principal if involved within four (4) days. Such written decision shall include reasons upon which the decision was based.
d. If the Association is not the representative for a grievant, a spokesperson for the Association may be present to submit the Association's views on the grievance.
a. If the grievant is not satisfied with the disposition of his/her grievance at in Step II, in writing, to the Superintendent within five (5) working days of receipt of the Step II administrative decision. The Superintendent or if no decision has been rendered designee(s), prior to written response, will meet face to face with the aggrieved and/or teacher-designated representative and the administrative superior. Then a written response will be given to the aggrieved and the administrative superior by the Superintendent or designee(s) within ten (10) days after he/she first met with the Superintendent or his/her official designee, he/she may within five (5) days after the decision of the Superintendent or fifteen (15) days after he/she first met with the Superintendent, whichever is sooner, a request in writing that his/her grievance be heard within twenty (20) working days from the of receipt of the requestappeal. The ten-day limitation may be extended by mutual agreement.
b. Neither party shall be permitted to enter into the school board hearing any information which was not submitted to all parties in interest before completion of Step II.
c. At the conclusion of the hearing, the Board shall render its decision by vote of the members present and shall transmit its decision in writing to the grievant, the building Principal, if involved, the Superintendent, and the Association.
Appears in 2 contracts
Sources: Teacher Employment Agreement, Teacher Employment Agreement
Formal Procedure. a. The Level I If the grievance is not resolved at the informal level, the grievant shall submit may further pursue the grievance by submitting a written grievance to his/her building Principal form, Level I, within fifteen five (155) days of the day informal conference through the alleged violation occurredAssociation to the immediate supervisor and the Superintendent. Within five (5) days after receipt of the Level I form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance by completing the Level I form and returning the copy to the grievant, the Association and the Superintendent within five (5) days after such meeting. If the grievant is not satisfied with the written disposition at Level I, the grievant may, through the Association, appeal the grievance shall cite to the specific articles, sections, and paragraphs alleged to be violated, and will also state the specific remedy sought.
b. The building Principal shall schedule and hold a meeting Superintendent within five (5) days after receipt of the Level I written or digital grievance. Present at this meeting shall include the grievant(s), and if the grievant so desires, disposition by submitting a representative of his/her own choosing and the building Principal, and if the building Principal desires, a representative of his/her own choosing.
c. The building Principal will transmit his/her decision in writing with reasons upon which the decision was based, Level II form to the grievant within four (4) days after the meeting was held.
a. If the grievant is not satisfied with the disposition of the grievance at Step I or if no decision has been rendered within ten (10) days after presentation of the grievance, the grievance may be referred to the Superintendent or his/her designee in his/her absence.
b. The Superintendent shall arrange for a meeting to take place within Superintendent. Within five (5) days of after the receipt of the appeal.
c. Upon conclusion of the meetingLevel II form, the Superintendent will provide his/her written decision shall meet with the grievant. The Superintendent shall write a disposition of the grievance by completing the Level II form and returning a copy to the grievant, Associationimmediate supervisor, and building Principal if involved within four (4) days. Such written decision shall include reasons upon which the decision was based.
d. If the Association is not the representative for a grievant, a spokesperson for the Association may be present to submit the Association's views on the grievance.
a. If the grievant is not satisfied with the disposition of his/her grievance at Step II, or if no decision has been rendered within ten (10) days after he/she first met with the Superintendent or his/her official designee, he/she may within five (5) days after such hearing.
1. If a grievance is not resolved to the satisfaction of the grievant at Level II of the Grievance Procedure above, the Association may appeal to arbitration by filing a written notice of appeal with the Superintendent within fifteen (15) days after receipt of the decision of the Superintendent or fifteen his/her designated representative.
2. Within ten (1510) days after this written demand for arbitration, a designated representative respectively of the Board and the Association shall select an arbitrator from the permanent list of arbitrators listed below by use of the alternate strike method, with a coin toss deciding who will strike first. Permanent Arbitrator List: ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇’▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ and ▇▇▇▇▇ ▇▇▇▇▇▇▇.
3. Once the arbitrator has been selected, he/she first met shall conduct a hearing on the grievance in accordance with the Superintendent, whichever is sooner, a request rules and regulations of the AAA.
4. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing that his/her grievance be heard within twenty (20) working days from the receipt of the request.
b. Neither party shall be permitted to enter into the school board hearing any information which was not submitted and a copy sent to all parties in interest before completion present at the hearing. The decision of Step IIthe arbitrator shall be binding on all parties thereto.
c. At 5. The arbitrator shall not have the conclusion authority to add to, subtract from, modify, change or alter any of the hearingprovisions of this agreement, nor to interfere with management rights as expressly set forth in this agreement, nor add to, detract from, or modify the Board language therein in arriving at a determination of any issue presented that is proper within the limitations expressed herein. The arbitrator shall render its decision by vote expressly confine himself/herself to the precise issue(s) submitted for arbitration and shall have no authority to determine any other issue(s) not so submitted to him/her or to submit observations or declarations of opinion which are not directly essential in reaching the determination.
6. The costs for the services of the members present and shall transmit its decision in writing to the grievantarbitrator, the building Principalincluding per diem expenses, if involvedany, and actual and necessary travel and subsistence expenses, as well as the Superintendentrelated cost of the American Arbitration Association services, shall be borne equally by both parties. Such charges shall not be divided by the arbitrator between the parties in any manner or under any circumstances without prior approval of both parties. The expenses of witnesses and other representatives shall be borne by the party they represent. A stenographic record of the arbitration proceeding will be made upon request. Each party shall pay for its own copy of such record, and the Associationparties shall share equally the cost of the arbitrator's copy.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Procedure. a. The grievant shall submit a written grievance to his/her building Principal within fifteen Level 1. Within seven (157) days of the day receipt of a formal grievance, the alleged violation occurredbuilding principal shall meet with the aggrieved staff member. The written grievance shall cite the specific articles, sections, and paragraphs alleged to be violated, and will also state the specific remedy sought.
b. The building Principal shall schedule and hold a meeting within Within five (5) days after receipt of following any such meeting, the written or digital grievance. Present at this meeting principal shall include the grievant(s), and if the grievant so desires, a representative of give his/her own choosing answer in writing. If the grievance is not settled at this level, then it may be referred (in writing Appendix D) to Level 2 within seven (7) days of the receipt of any answer given at this level.
Level 2. Within seven (7) days of a grievance being referred to this level, the Superintendent will meet with the participants of Level 1 and examine the building Principal, and if facts of the building Principal desires, a representative of grievance. The Superintendent shall give his/her own choosinganswer (in writing) within seven (7) days of any such meeting. If the grievance is not settled at this level, then within seven
Level 3. Within fourteen (14) days of a grievance being referred to this level, the Board will hold a hearing with the participants and examine the facts of the grievance. The hearing shall be in non-public session at the request of the grievant. The Board will thereafter, within fourteen (14) days of such hearing, give its answer, in writing. If the grievance is still not settled, the matter may be referred (in writing Appendix D) to arbitration by the Association as set forth in Level 4 of this procedure.
c. The building Principal will transmit his/her decision in writing with reasons upon which the decision was based, to the grievant within four Level 4. Within fourteen (414) days after the meeting was held.
a. Board’s decision at ▇▇▇▇▇ ▇, the Association will notify the Superintendent whether or not the matter will be submitted to arbitration. If the grievant matter is not satisfied with referred to arbitration, then the disposition of the grievance at Step I or if no decision has been rendered parties shall first attempt to agree on a mutually acceptable arbitrator. If they are unable to do so within ten (10) days after presentation of the Association’s request for arbitration, then either party may apply to the American Arbitration Association or the Public Employee Labor Relations Board to name an arbitrator under the rules and procedures of the service. The arbitrator shall use his/her best efforts to arbitrate the grievance, the grievance may be referred including matters of procedural and substantive arbitrability, but he/she shall have no power to the Superintendent add to or his/her designee in his/her absence.
b. The Superintendent shall arrange for a meeting to take place within five (5) days subtract from, alter, or modify any of the receipt of the appeal.
c. Upon conclusion of the meeting, the Superintendent will provide his/her said provisions. The arbitrator shall thereafter submit a written decision to the grievant, Association, and building Principal if involved within four (4) daysboth parties. Such written The arbitrator’s decision shall include reasons upon which be advisory to the decision was based.
d. If Board. The parties agree to share equally in the Association is not the representative for a grievant, a spokesperson for the Association may be present to submit the Association's views on the grievance.
a. If the grievant is not satisfied with the disposition of his/her grievance at Step II, or if no decision has been rendered within ten (10) days after he/she first met with the Superintendent or his/her official designee, he/she may within five (5) days after the decision compensation and expenses of the Superintendent or fifteen (15) days after he/she first met with the Superintendent, whichever is sooner, a request in writing that his/her grievance be heard within twenty (20) working days from the receipt of the requestarbitrator.
b. Neither party shall be permitted to enter into the school board hearing any information which was not submitted to all parties in interest before completion of Step II.
c. At the conclusion of the hearing, the Board shall render its decision by vote of the members present and shall transmit its decision in writing to the grievant, the building Principal, if involved, the Superintendent, and the Association.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Procedure. a. The grievant For purposes of Section 7.4 the required timelines shall submit begin on the first (1st) day following the date of receipt of a written grievance to his/her building Principal within fifteen by the Office of Education or the first (151st) day following receipt of the Office of Education decision by the grievant.
A. Level I Within twenty-five (25) days of the day occurrence, or within twenty-five (25) days of when the alleged violation occurredunit member could reasonably have known of the occurrence of the act or omission giving rise to the grievance, the grievant must present his grievance in writing on an Office of Education-provided form (Appendix E)to his Director. The written grievance On this form the unit member shall cite make a clear and concise statement of the grievance, the circumstances involved and the specific articles, sections, and paragraphs alleged to be article that was allegedly violated, the decision rendered at the informal conference and will also state the specific remedy sought. The Director shall communicate a decision to the unit member in writing within ten (10) days from the date the written grievance is received by the Director. If the Director does not respond within the time limits, the grievant may appeal to the next level. Within the foregoing time limit either party may request a personal conference to discuss the grievance. Either the grievant or the Director may have a conferee present at such a conference.
b. The building Principal shall schedule and hold a meeting within five (5) days after receipt of B. Level II In the written or digital grievance. Present at this meeting shall include the grievant(s), and if the grievant so desires, a representative of his/her own choosing and the building Principal, and if the building Principal desires, a representative of his/her own choosing.
c. The building Principal will transmit his/her decision in writing with reasons upon which the decision was based, to the grievant within four (4) days after the meeting was held.
a. If event the grievant is not satisfied with the disposition of decision at Level I, the grievance at Step I or if no grievant may appeal the decision has been rendered to the Division Administrator within ten (10) days after presentation receiving the decision at Level I. This written appeal statement shall include a copy of the original grievance, the grievance decision rendered at previous level and a clear, concise statement of the reasons for the appeal. The Division Administrator, or his designee, shall communicate a decision within ten (10) days from the date the appeal is received by the Division Administrator. Either the grievant or the Division Administrator, or his designee, may be referred request a personal conference within the foregoing time limits to discuss the grievance. Either party may have a conferee present at such a conference. If the Division Administrator, or his designee, does not respond within the time limits, the grievant may appeal to the Superintendent or his/her designee in his/her absencenext level.
b. The Superintendent shall arrange for a meeting to take place within five (5) days of C. Level III In the receipt of the appeal.
c. Upon conclusion of the meeting, the Superintendent will provide his/her written decision to the grievant, Association, and building Principal if involved within four (4) days. Such written decision shall include reasons upon which the decision was based.
d. If the Association is not the representative for a grievant, a spokesperson for the Association may be present to submit the Association's views on the grievance.
a. If event the grievant is not satisfied with the disposition of his/her grievance decision at Step Level II, or if no the grievant may appeal the decision has been rendered to the Superintendent within ten (10) days after he/she first met with the Superintendent or his/her official designee, he/she may within five (5) days after receiving the decision of the Superintendent or fifteen (15) days after he/she first met with the Superintendent, whichever is sooner, a request in writing that his/her grievance be heard within twenty (20) working days from the receipt of the request.
b. Neither party shall be permitted to enter into the school board hearing any information which was not submitted to all parties in interest before completion of Step II.
c. At the conclusion of the hearing, the Board shall render its decision by vote of the members present and shall transmit its decision in writing to the grievant, the building Principal, if involved, the Superintendent, and the Association.at Level
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
Formal Procedure. a. The grievant 5.4.1. Level One - Immediate Supervisor
A. Failing to resolve the possible grievance through informal means, the grievance shall submit a written grievance be presented in writing, using the Grievance Processing Form, (Appendix A of this Agreement) to his/her building Principal 10 the immediate supervisor within fifteen ten (1510) days of the day informal meeting with the alleged violation occurredimmediate supervisor. The written grievance immediate supervisor shall cite meet with the specific articles, sections, and paragraphs alleged to be violated, and will also state the specific remedy sought.
b. The building Principal shall schedule and hold a meeting aggrieved party within five ten (510) days after of receipt of the written or digital grievance. Present at this meeting The immediate supervisor shall include provide a written disposition of the grievant(s), and if grievance to the grievant so desires, a representative of his/her own choosing aggrieved party and the building Principal, and if the building Principal desires, a Association representative within ten (10) days of his/her own choosingsuch meeting.
c. The building Principal will transmit his/her decision in writing with reasons upon which the decision was based, to the grievant within four (4) days after the meeting was held.
a. B. If the grievant aggrieved party is not satisfied with the disposition of the grievance, the grievance at Step I or if no decision has been rendered may be appealed to Level Two. If the appeal to Level Two is not made within ten (10) days after presentation of receipt of the written disposition at Level One, it is assumed the grievance is no longer valid.
5.4.2. Level Two - Superintendent/Designee
A. The Superintendent or designee shall meet with the aggrieved party within ten (10) days of receipt of the grievance appeal and shall provide a written disposition of the grievance to the aggrieved party and the Association representative within ten (10) days of such meeting.
B. If the aggrieved party is not satisfied with the disposition of the grievance, the grievance may be referred appealed to Level Three. If the appeal to Level Three is not made within ten (10) days of receipt of the written disposition at Level Two, it is assumed the grievance is no longer valid.
5.4.3. Level Three - Resolution Conference/Arbitration
A. The Superintendent or his/her designee in his/her absenceand the aggrieved party shall schedule a grievance resolution conference within ten (10) days of receipt of the appeal to Level III.
b. The Superintendent shall arrange for a meeting B. If the parties are not able to take place settle the grievance, the grievant may, within five ten (510) days of the receipt of resolution conference, request in writing that the appeal.
c. Upon conclusion of Association submit the meetinggrievance to arbitration. The Association, the Superintendent will provide his/her by written decision notice to the grievantSuperintendent, Association, and building Principal if involved within four (4) days. Such written decision shall include reasons upon which the decision was based.
d. If the Association is not the representative for a grievant, a spokesperson for the Association may be present to submit the Association's views on the grievance.
a. If the grievant is not satisfied with the disposition of his/her grievance at Step II, or if no decision has been rendered within ten (10) days after hereceipt of the request from the grievant, may submit the grievance to arbitration.
C. The Association shall retain full and complete authority to determine whether or not a grievance shall be forwarded for arbitration.
D. The parties shall select a mutually acceptable arbitrator. Should they be unable to agree on an arbitrator within ten (10) days of the Association's submission of the grievance to arbitration, the parties shall request the California State Conciliation Service to supply a panel of five names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one name remains. The remaining panel member shall be the arbitrator. The order of striking shall be determined by lot.
E. The arbitrator shall, as soon as possible, hear the evidence, and render a decision on the issue or issues submitted to him/she first met with her. If the Superintendent parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step.
F. The arbitrator shall have no power to add to, subtract from, or modify the terms of this Agreement.
G. After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit a written decision to all parties setting forth his/her official designeefindings of fact, he/she may within five (5) days after reasoning and conclusion on the issues submitted. The decision shall be final and binding.
H. All fees and expenses of the Superintendent or fifteen (15) days after he/she first met with the Superintendentarbitrator, whichever is soonerincluding, a request in writing that but not limited to, per diem expenses, his/her grievance travel and subsistence expenses and the cost of any hearing room will be heard within twenty (20) working days from borne equally by the receipt of the request.
b. Neither party shall be permitted to enter into the school board hearing any information which was not submitted to all parties in interest before completion of Step II.
c. At the conclusion of the hearing, the Board shall render its decision by vote of the members present and shall transmit its decision in writing to the grievant, the building Principal, if involved, the Superintendent, District and the Association. All other costs will be borne by the party incurring them.
Appears in 2 contracts
Sources: Certificated Contract, Certificated Contract
Formal Procedure. a. The grievant shall submit a written grievance to 1. Level One: If the aggrieved or his/her building Principal within fifteen (15representative(s) days of the day the alleged violation occurred. The written grievance shall cite the specific articles, sections, and paragraphs alleged to be violated, and will also state the specific remedy sought.
b. The building Principal shall schedule and hold a meeting within five (5) days after receipt of the written or digital grievance. Present at this meeting shall include the grievant(s), and if the grievant so desires, a representative of his/her own choosing and the building Principal, and if the building Principal desires, a representative of his/her own choosing.
c. The building Principal will transmit his/her decision in writing with reasons upon which the decision was based, to the grievant within four (4) days after the meeting was held.
a. If the grievant is not satisfied with the disposition outcome of the informal procedure, either may present a formal grievance at Step I or if no decision has been rendered within ten in writing on the ACCESS-CCBDD Grievance Form (10) days after presentation of the grievanceAppendix A), the grievance may be referred to the Superintendent or his/her designee in his/her absence.
b. The Superintendent shall arrange for a meeting to take place immediate supervisor within five (5) days of the conclusion of the informal procedure. The immediate supervisor will, within 10 days of the receipt of the appeal.
c. Upon conclusion of formal grievance, meet with the meeting, the Superintendent will provide aggrieved and his/her representative. The immediate supervisor will, within five days of this meeting, render a written decision disposition and the reasons therefore to the grievantaggrieved, Association, with copies to the representative and building Principal if involved within four (4) days. Such written decision shall include reasons upon which the decision was basedAssociation President.
d. 2. Level Two: If the Association is not the representative for a grievant, a spokesperson for the Association may be present to submit the Association's views on the grievance.
a. If the grievant aggrieved or his/her representative(s) is not satisfied with the disposition of his/her grievance at Step IILevel One disposition, or if no decision disposition has been rendered made within ten (10) days after he/she first met with the Superintendent time period specified in Level One, the aggrieved or his/her official designee, he/she representative may within five (5) days after advance the decision written grievance to the Director of the Superintendent Human Resources or fifteen (15) days after he/she first met with the Superintendent, whichever is sooner, a request in writing that his/her grievance be heard designee within twenty (20) working five days from of the receipt of the request.
b. Neither party shall be permitted to enter into Level One disposition or within five days of the school board hearing any information date on which was not submitted to all parties in interest before completion the disposition should have been received. The Director of Step II.
c. At Human Resources or his/her designee will meet with the conclusion aggrieved and his/her representative within 10 days of the receipt of the grievance. The Director of Human Resources or his/her designee will, within five days of the hearing, render a written disposition and the Board shall render its decision by vote reasons therefore to the aggrieved, with copies to the representative and the Association President.
3. Level Three: The Association must approve any grievance advanced to arbitration. Should the Association not approve such grievance, the grievance may not proceed to arbitration. If the aggrieved is not satisfied with the Level Two disposition or if no disposition has been given within the time periods specified in Level Two, the Association designated representative, on behalf of the members present aggrieved, may refer the grievance to arbitration. The grievance will be advanced to arbitration by the filing of the AAA Demand for Arbitration, which must be filed within 75 calendar days of the Level Two Response or the matter is deemed settled with prejudice. The arbitrator may not add to, alter, or delete from the terms of CCBDD Policy or terms of this Agreement. The arbitrator will be governed by the rules and shall transmit its decision in writing to regulations of AAA and render an award which will be final and binding on both parties. The cost for the grievant, services of the building Principal, if involved, the Superintendent, arbitrator will be borne equally by CCBDD and the Association.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Procedure. a. The grievant grievance shall submit state the specified alleged violation or condition with proper reference to the contract Agreement. It shall also set forth names, dates, and any other related facts which will provide a written sound basis for a complete understanding of any such grievance. No grievance shall be considered under this procedure unless notice of the same is given to the administration within thirty-five (35) days following the occurrence of the facts which give rise to the grievance.
LEVEL A. Within five (5) days of receipt of a formal grievance, the Building Principal shall meet with the aggrieved teacher. Within five (5) days following any such meeting, the Principal shall give his/her building Principal answer in writing. If the grievance is not settled at this level, then it may be referred to Level B within ten (10) days of the receipt of an answer given at this level.
LEVEL B. Within fifteen (15) days of a grievance being referred to this level, the Superintendent will meet with the participants of Level A and examine the facts of the grievance. The Superintendent shall give his/her answer within fifteen (15) days of any such meeting. If the day the alleged violation occurred. The written grievance shall cite the specific articlesis not settled at this level, sections, and paragraphs alleged to be violated, and will also state the specific remedy sought.
b. The building Principal shall schedule and hold a meeting then within five fifteen (515) days after from receipt of the written or digital grievance. Present answer rendered at this meeting shall include the grievant(s), and if the grievant so desires, a representative of his/her own choosing and the building Principal, and if the building Principal desires, a representative of his/her own choosing.
c. The building Principal will transmit his/her decision in writing with reasons upon which the decision was based, to the grievant within four (4) days after the meeting was held.
a. If the grievant is not satisfied with the disposition of the grievance at Step I or if no decision has been rendered within ten (10) days after presentation of the grievance, level the grievance may be referred to arbitration as set forth herein.
LEVEL C. If the Superintendent or grievance remains unsettled, then the matter may be referred by the Association to arbitration. If the matter is referred to arbitration, then the parties shall apply to the American Arbitration Association to name an arbitrator under the rules and procedures then obtaining of the service. The arbitrator shall use his/her designee in his/her absence.
b. The Superintendent shall arrange for a meeting best efforts to take place within five (5) days of the receipt of the appeal.
c. Upon conclusion of the meeting, the Superintendent will provide his/her written decision to the grievant, Association, and building Principal if involved within four (4) days. Such written decision shall include reasons upon which the decision was based.
d. If the Association is not the representative for a grievant, a spokesperson for the Association may be present to submit the Association's views on arbitrate the grievance.
a. If the grievant is not satisfied with the disposition of his/her grievance at Step II, or if no decision has been rendered within ten (10) days after but he/she first met with shall have no power or authority to do other than interpret and apply the Superintendent or his/her official designee, provisions of this Agreement and he/she may within five (5) days after the decision shall have no power to add to or subtract from, alter, or modify any of the Superintendent or fifteen (15) days after he/she first met with said provisions. The arbitrator shall thereafter submit a decision to both parties. The arbitrator’s decision shall not be binding on either party, but shall be advisory only. The parties agree to share equally in the Superintendent, whichever is sooner, a request in writing that his/her grievance be heard within twenty (20) working days from the receipt compensation and expenses of the requestarbitrator.
b. Neither party shall be permitted to enter into the school board hearing any information which was not submitted to all parties in interest before completion of Step II.
c. At the conclusion of the hearing, the Board shall render its decision by vote of the members present and shall transmit its decision in writing to the grievant, the building Principal, if involved, the Superintendent, and the Association.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Formal Procedure. a. The grievant LEVEL ONE - Supervisor's Level: Within five (5) days of the alleged violation of this Agreement or of the grievant's knowledge of its occurrence, whichever is first, the aggrieved party shall submit a written grievance to his/her building Principal the Chief Financial Officer or designee. Within five (5) days of receipt of the written grievance, the Chief Financial Officer or designee shall schedule a Level One hearing. In the event a Level One hearing is not scheduled within fifteen the five (155) day limitation, Level One shall be waived and the grievance referred to Level Two. Within five (5) days of the day hearing on the alleged violation occurred. The written grievance grievance, the Chief Financial Officer or designee shall cite render a decision in writing, transmitting a copy to the specific articlesUnion, sectionsthe aggrieved party, and paragraphs alleged the Superintendent or designee. LEVEL TWO - Superintendent's Level: If the decision of the Chief Financial Officer or designee is not satisfactory to be violatedthe grievant, and will also state the specific remedy sought.
b. The building Principal shall schedule and hold a meeting Union, within five (5) days after of receipt of the written Chief Financial Officer’s or digital grievance. Present at this meeting designee’s decision, shall include the grievant(s), and if the grievant so desires, a representative of his/her own choosing and the building Principal, and if the building Principal desires, a representative of his/her own choosing.
c. The building Principal will transmit his/her decision in writing with reasons upon which the decision was based, to the grievant within four (4) days after the meeting was held.
a. If the grievant is not satisfied with the disposition of the grievance at Step I or if no decision has been rendered within ten (10) days after presentation of the grievance, the grievance may be referred to the Superintendent or his/her designee in the Level One decision, and a statement of intent to file at Level Two. Within ten (10) days of a Level Two grievance, the Superintendent or his/her absence.
b. The Superintendent designee shall arrange for schedule a meeting to take place within five Level Two hearing. Within ten (510) days of the receipt of hearing on the appeal.
c. Upon conclusion of the meetinggrievance, the Superintendent will provide or his/her written designee shall render a decision in writing, transmitting a copy to the grievantUnion and to the aggrieved party. Group grievances, Association, and building Principal if involved within four (4) days. Such written decision shall include reasons upon or grievances over which the decision was based.
d. If the Association is not the representative for a grievant, a spokesperson for the Association Chief Financial Officer or designee has no control may be present started at Level Two, provided they are reduced to submit the Association's views on the grievance.
a. If the grievant is not satisfied with the disposition of his/her grievance at Step II, or if no decision has been rendered writing within ten (10) days after he/she first met of their occurrence or knowledge of occurrence. After receipt of a notice of intent to arbitrate, the parties shall meet in an attempt to agree on an arbitrator. If the parties are unable to mutually agree on an arbitrator, then the Union may submit the matter to the Michigan Employment Relations Commission or American Arbitration Association requesting that an arbitrator be selected with their assistance and under their rules. All arbitral proceedings shall be conducted in accordance with the Superintendent rules established by the American Arbitration Association. The arbitrator shall have no power to amend, alter, or his/her official designeemodify this Agreement or any supplementary agreement. The award of the arbitrator shall be based exclusively on evidence presented at the arbitration hearing and the award shall not be based on other extra contract matters not specifically incorporated in this Agreement. There shall be no appeal from the arbitrator's decision. It shall be final and binding on the Union, he/she may within five (5) days after the Board, and on all parties. The arbitrator shall have no power to establish salary schedules or set or alter hourly rates. No decision of the Superintendent or fifteen (15) days after he/she first met with the Superintendent, whichever is sooner, a request arbitrator in writing that his/her grievance be heard within twenty (20) working days from the receipt any one case shall require retroactive adjustment in any other case. The expenses of the request.
b. Neither arbitration proceedings shall be borne equally by the parties. Each party shall be permitted to enter into make arrangements for and pay the school board hearing any information expenses of witnesses which was not submitted to all parties in interest before completion of Step II.
c. At the conclusion are called by them. Representatives of the hearingUnion who are called as witnesses shall not suffer any loss in their regular wages. The arbitrator shall not be empowered to rule on matters which are subject to applicable federal, the Board state, or civil regulatory procedures. This provision shall render its decision by vote not be construed to unreasonably restrict utilization of the members present and shall transmit its decision in writing to the grievant, the building Principal, if involved, the Superintendent, and the Associationgrievance procedure.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Formal Procedure. a. The grievant shall submit a written grievance shall state the specified alleged violation or condition with reference to his/her building Principal the Agreement. It shall also set forth names, dates and action requested to correct the grievance. This written statement must be filed within fifteen thirty (1530) days of the day “aggrieved employee” becoming aware of the alleged violation occurred. The written event or condition on which the grievance shall cite the specific articles, sections, and paragraphs alleged to be violated, and will also state the specific remedy soughtis based.
b. The building LEVEL A. Within ten (10) days of receipt of a formal grievance, the Building Principal shall schedule and hold a meeting within five meet with the aggrieved employee. Within ten (510) days after receipt of following such meeting, the written or digital grievance. Present at this meeting Principal shall include the grievant(s), and if the grievant so desires, a representative of give his/her own choosing and answer in writing. If the building Principalgrievance is not settled at this level, and if the building Principal desires, a representative of his/her own choosing.
c. The building Principal will transmit his/her decision in writing with reasons upon which the decision was based, then it may be referred to the grievant within four (4) days after the meeting was held.
a. If the grievant is not satisfied with the disposition of the grievance Superintendent at Step I or if no decision has been rendered Level B within ten (10) days after presentation of the grievance, the grievance may be referred to the Superintendent or his/her designee in his/her absence.
b. The Superintendent shall arrange for a meeting to take place within five (5) days of the receipt of the appeal.
c. Upon conclusion of the meetingan answer given at this level, the Superintendent will provide his/her written decision to the grievantor, Association, and building Principal if involved within four (4) days. Such written decision shall include reasons upon which the decision was based.
d. If the Association is not the representative for a grievant, a spokesperson for the Association may be present to submit the Association's views on the grievance.
a. If the grievant is not satisfied with the disposition of his/her grievance at Step II, or if no decision has been rendered answer is given, within ten (10) days after he/she first met of its submission to this level.
LEVEL B. Within ten (10) of a grievance being referred to this level, the Superintendent will meet with the participants of Level A and examine the facts of the grievance. The Superintendent or shall give his/her official designee, he/she may answer within five ten (510) days after the decision of the Superintendent or fifteen (15) days after he/she first met with the Superintendent, whichever is sooner, a request in writing that his/her grievance be heard within twenty (20) working days from the receipt of the requestany such meeting.
b. Neither party shall be permitted LEVEL C. If the Superintendent‟s decision does not resolve the grievance to enter into the school board hearing any information which was not submitted to all parties in interest before completion satisfaction of Step II.
c. At the conclusion of the hearing, the Board shall render its decision by vote of the members present and shall transmit its decision in writing to the grievant, the building Principaldecision may be appealed to the School Board within ten (10) days of receipt of the answer at Level B. The grievant shall have the right to appear before the Board to present evidence and argument for the Board‟s consideration.
LEVEL D. If the grievance remains unsettled, if involvedthen the matter may be referred by the Association to arbitration. If the matter is referred to arbitration, the Superintendentparties shall apply to the American Arbitration Association (AAA), or by mutual agreement, and select an arbitrator to hear the Associationcase under the rules and procedures of the AAA service. The scope of the arbitrator‟s authority shall be limited to interpretation and application of the terms of this agreement and issues of procedural and substantive arbitrability. He/she shall have no power to add to or subtract from, alter, or modify any of the said provisions. The arbitrator‟s decision shall be advisory and not binding upon the parties. The parties agree to share equally in all expenses associated with the arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Formal Procedure. a. Should a grievance not be resolved at the informal level, then the teacher and/or teacher-designated representative will complete the following steps in filing a formal grievance;
Step I. The grievant shall submit teacher and/or teacher-designated representative will present the grievance in writing to the administrative superior (in case of a written grievance to his/her building Principal school, the principal) within fifteen ten (1510) working days following the completion of the day informal procedure. A written response will be given the alleged violation occurred. The written grievance shall cite aggrieved by the specific articles, sections, and paragraphs alleged to be violated, and will also state the specific remedy sought.
b. The building Principal shall schedule and hold a meeting administrative superior within five (5) working days after of the receipt of the written or digital grievance. Present at this meeting shall include The five-day limitation may be extended by mutual agreement. If not satisfied, the grievant(s), and if teacher and/or teacher-designated representative may appeal the grievant so desires, a representative of his/her own choosing and the building Principal, and if the building Principal desires, a representative of his/her own choosing.
c. The building Principal will transmit his/her administrative decision in writing with reasons upon which the decision was basedStep I, in writing, to the grievant within four (4) days after the meeting was held.
a. If the grievant is not satisfied with the disposition of the grievance at Step I or if no decision has been rendered within ten (10) days after presentation of the grievance, the grievance may be referred to the Superintendent or his/her designee in his/her absence.
b. The Superintendent shall arrange for a meeting to take place appropriate District Administrator within five (5) working days of receipt of the Step I administrative decision. Prior to a written response, a face-to-face conference may occur between the grievant and/or representative and the appropriate District Administrator. A written response will be given to the aggrieved by the appropriate District Administrator within five (5) working days of the receipt of the appeal.
c. Upon conclusion of the meeting. The five-day limitation may be extended by mutual agreement. If not satisfied, the Superintendent will provide his/her written teacher and/or teacher-designated representative may appeal the administrative decision to the grievant, Association, and building Principal if involved within four (4) days. Such written decision shall include reasons upon which the decision was based.
d. If the Association is not the representative for a grievant, a spokesperson for the Association may be present to submit the Association's views on the grievance.
a. If the grievant is not satisfied with the disposition of his/her grievance at in Step II, in writing, to the Superintendent within five (5) working days of receipt of the Step II administrative decision. The Superintendent or if no decision has been rendered designee(s), prior to written response, will meet face to face with the aggrieved and/or teacher-designated representative and the administrative superior. Then a written response will be given to the aggrieved and the administrative superior by the Superintendent or designee(s) within ten (10) days after he/she first met with the Superintendent or his/her official designee, he/she may within five (5) days after the decision of the Superintendent or fifteen (15) days after he/she first met with the Superintendent, whichever is sooner, a request in writing that his/her grievance be heard within twenty (20) working days from the of receipt of the requestappeal. The ten-day limitation may be extended by mutual agreement.
b. Neither party shall be permitted to enter into the school board hearing any information which was not submitted to all parties in interest before completion of Step II.
c. At the conclusion of the hearing, the Board shall render its decision by vote of the members present and shall transmit its decision in writing to the grievant, the building Principal, if involved, the Superintendent, and the Association.
Appears in 1 contract
Sources: Teacher Employment Agreement
Formal Procedure. a. The grievant shall submit (a) Level One - School Principal If an aggrieved administrator is dissatisfied with the outcome of informal procedures, he may present his claim as a written grievance to his/her building Principal within fifteen (15) days of the day the alleged violation occurredhis principal or other appropriate administrator. The written grievance claim should be as specific as possible. The principal or appropriate administrator shall cite the specific articles, sections, and paragraphs alleged to be violated, and will also state the specific remedy sought.
b. The building Principal shall schedule and hold a meeting within five (510) days after receipt of the written or digital grievance. Present at this meeting shall include grievance render his decision and the grievant(s)reasons therefor in writing to the administrator and, and if requested by the grievant so desiresadministrator, a representative of to his/her own choosing local administrators and the building Principal, and if the building Principal desires, a representative of his/her own choosingsupervisors organization.
c. The building Principal will transmit his/her decision in writing with reasons upon which the decision was based, to the grievant within four (4b) days after the meeting was held.
a. Level Two - Superintendent or His Designee If the grievant administrator is not satisfied with the disposition of the grievance at Step I or if no decision has been rendered within ten (10) days after presentation of the grievance, the grievance may be referred to the Superintendent or his/her designee in his/her absence.
b. The Superintendent shall arrange for a meeting to take place within five (5) days of the receipt of the appeal.
c. Upon conclusion of the meeting, the Superintendent will provide his/her written decision to the grievant, Association, and building Principal if involved within four (4) days. Such written decision shall include reasons upon which the decision was based.
d. If the Association is not the representative for a grievant, a spokesperson for the Association may be present to submit the Association's views on the grievance.
a. If the grievant is not satisfied dissatisfied with the disposition of his/her grievance at Step II, or if no decision has been rendered within ten (10) days after he/she first met with the Superintendent or his/her official designeeLevel One, he/she may within five (5) days after receipt of the decision of or after the last day the decision should have been rendered file his/her written grievance with the Superintendent of Schools. The Superintendent or his/her Designee shall within fifteen (15) days after he/she first met receipt of the written grievance meet with the Superintendent, whichever is sooner, a request aggrieved administrator for the purpose of resolving the grievance. A record of this hearing shall be kept by the Superintendent and shall be made available to the participants upon written request. The Superintendent or his designee shall within ten (10) days after the completion of the hearing render his/her decision and the reasons therefore in writing that to the administrator, and, if requested by the administrator, to his/her local administrators and supervisors organization.
(c) Level Three-Board of Education If the aggrieved administrator is dissatisfied with the disposition of his/her grievance be heard at Level Two, he/she may within five (5) days after receipt of the decision, or after the last day the decision should have been written, file his/her written grievance with the Board of Education through the Superintendent’s Office. The Board of Education shall within twenty (20) working days from the after receipt of the request.
b. Neither party grievance meet with the aggrieved administrator for the purpose of resolving the grievance. A record of this hearing shall be permitted kept by the Superintendent and shall be made available to enter into the school board hearing any information which was not submitted to all parties in interest before participants upon written request. The Board shall within ten (10) days after completion of Step II.
c. At the conclusion of the hearing, the Board shall hearing render its decision by vote of and the members present and shall transmit its decision reasons therefore in writing to the grievantadministrator, the building Principaland, if involvedrequested by the administrator, to his/her local administrators and supervisors organization.
(d) Level Four - Arbitration If the aggrieved administrator(s) is/are dissatisfied with the disposition of his or her grievance at Level Three, he/she may, within three (3) days after the decision, request in writing to the President of WASA that the grievance be submitted to arbitration. ▇▇▇▇ ▇▇▇, within five (5) days after receipt of such request, submit the grievance to arbitration by notifying the Board in writing. The Board, acting through the Superintendent, and WASA, acting through their legal representatives, shall, within five (5) days after such written notice, jointly select an arbitrator who is an experienced and impartial person of recognized competence. If the parties are unable to agree on an arbitrator within five (5) days the matter shall be submitted to the American Arbitration Association under the Rules of Voluntary Arbitration of the American Arbitration Association. The arbitrator shall have no authority to add to, subtract from or in any way modify the terms of this Agreement. The costs of the services of the arbitrator shall be borne equally by the Board and WASA. The arbitrator’s decision rendered in accordance with his/her jurisdiction and authority hereunder shall be final and binding and shall be enforceable under applicable statutes.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Formal Procedure. a. The grievant For purposes of Section 7.4 the required timelines shall submit begin on the first (1st) day following the date of receipt of a written grievance to his/her building Principal within fifteen by the Office of Education or the first (151st) day following receipt of the Office of Education decision by the grievant.
A. Level I Within twenty-five (25) days of the day occurrence, or within twenty-five (25) days of when the alleged violation occurredunit member could reasonably have known of the occurrence of the act or omission giving rise to the grievance, the grievant must present his grievance in writing on an Office of Education-provided form to his Director. The written grievance On this form the unit member shall cite make a clear and concise statement of the grievance, the circumstances involved and the specific articles, sections, and paragraphs alleged to be article that was allegedly violated, the decision rendered at the informal conference and will also state the specific remedy sought. The Director shall communicate a decision to the unit member in writing within ten (10) days from the date the written grievance is received by the Director. If the Director does not respond within the time limits, the grievant may appeal to the next level. Within the foregoing time limit either party may request a personal conference to discuss the grievance. Either the grievant or the Director may have a conferee present at such a conference.
b. The building Principal shall schedule and hold a meeting within five (5) days after receipt of B. Level II In the written or digital grievance. Present at this meeting shall include the grievant(s), and if the grievant so desires, a representative of his/her own choosing and the building Principal, and if the building Principal desires, a representative of his/her own choosing.
c. The building Principal will transmit his/her decision in writing with reasons upon which the decision was based, to the grievant within four (4) days after the meeting was held.
a. If event the grievant is not satisfied with the disposition of decision at Level I, the grievance at Step I or if no grievant may appeal the decision has been rendered to the Division Administrator within ten (10) days after presentation receiving the decision at Level I. This written appeal statement shall include a copy of the original grievance, the grievance decision rendered at previous level and a clear, concise statement of the reasons for the appeal. The Division Administrator, or his designee, shall communicate a decision within ten (10) days from the date the appeal is received by the Division Administrator. Either the grievant or the Division Administrator, or his designee, may be referred request a personal conference within the foregoing time limits to discuss the grievance. Either party may have a conferee present at such a conference. If the Division Administrator, or his designee, does not respond within the time limits, the grievant may appeal to the Superintendent or his/her designee in his/her absencenext level.
b. The Superintendent shall arrange for a meeting to take place within five (5) days of C. Level III In the receipt of the appeal.
c. Upon conclusion of the meeting, the Superintendent will provide his/her written decision to the grievant, Association, and building Principal if involved within four (4) days. Such written decision shall include reasons upon which the decision was based.
d. If the Association is not the representative for a grievant, a spokesperson for the Association may be present to submit the Association's views on the grievance.
a. If event the grievant is not satisfied with the disposition of his/her grievance decision at Step Level II, or if no the grievant may appeal the decision has been rendered to the Superintendent within ten (10) days after he/she first met with the Superintendent or his/her official designee, he/she may within five (5) days after receiving the decision of the Superintendent or fifteen (15) days after he/she first met with the Superintendent, whichever is sooner, a request in writing that his/her grievance be heard within twenty (20) working days from the receipt of the request.
b. Neither party shall be permitted to enter into the school board hearing any information which was not submitted to all parties in interest before completion of Step II.
c. At the conclusion of the hearing, the Board shall render its decision by vote of the members present and shall transmit its decision in writing to the grievant, the building Principal, if involved, the Superintendent, and the Association.at Level
Appears in 1 contract
Sources: Negotiated Agreement
Formal Procedure. a. Should a grievance not be resolved at the informal level, then the teacher and/or teacher- designated representative will complete the following steps in filing a formal grievance:
Step I. The grievant shall submit teacher and/or teacher-designated representative will present the grievance in writing to the administrative superior (in case of a written grievance to his/her building Principal school, the principal) within fifteen ten (1510) working days following the completion of the day informal procedure. A written response will be given the alleged violation occurred. The written grievance shall cite aggrieved by the specific articles, sections, and paragraphs alleged to be violated, and will also state the specific remedy sought.
b. The building Principal shall schedule and hold a meeting administrative superior within five (5) working days after of the receipt of the written or digital grievance. Present at this meeting shall include the grievant(s), and if the grievant so desires, a representative of his/her own choosing and the building Principal, and if the building Principal desires, a representative of his/her own choosing.
c. The building Principal will transmit his/her Step II. If not satisfied, the teacher and/or teacher-designated representative may appeal the administrative decision in writing with reasons upon which the decision was basedStep I, in writing, to the grievant within four (4) days after the meeting was held.
a. If the grievant is not satisfied with the disposition of the grievance at Step I or if no decision has been rendered within ten (10) days after presentation of the grievance, the grievance may be referred to the Superintendent or his/her designee in his/her absence.
b. The Superintendent shall arrange for a meeting to take place appropriate District administrator within five (5) working days of receipt of the Step I administrative decision. Prior to a written response, a face-to-face conference may occur between the grievant and/or representative and the appropriate District administrator. Human Resources will notify the grievant as to whether or not a face-to-face conference will be scheduled. A written response will be given to the aggrieved by the appropriate District administrator within five (5) working days of the receipt of the appeal.
c. Upon conclusion of the meeting. If not satisfied, the Superintendent will provide his/her written teacher and/or teacher-designated representative may appeal the administrative decision to the grievant, Association, and building Principal if involved within four (4) days. Such written decision shall include reasons upon which the decision was based.
d. If the Association is not the representative for a grievant, a spokesperson for the Association may be present to submit the Association's views on the grievance.
a. If the grievant is not satisfied with the disposition of his/her grievance at in Step II, in writing, to the Superintendent within five (5) working days of receipt of the Step II administrative decision. The Superintendent or if no decision has been rendered designee(s), prior to written response, will meet face to face with the aggrieved and/or teacher-designated representative and the administrative superior. Then a written response will be given to the aggrieved and the administrative superior by the Superintendent or designee(s) within ten (10) days after he/she first met with the Superintendent or his/her official designee, he/she may within five (5) days after the decision of the Superintendent or fifteen (15) days after he/she first met with the Superintendent, whichever is sooner, a request in writing that his/her grievance be heard within twenty (20) working days from the of receipt of the requestappeal. Any deadline at any step may be extended by mutual agreement.
b. Neither party shall be permitted to enter into the school board hearing any information which was not submitted to all parties in interest before completion of Step II.
c. At the conclusion of the hearing, the Board shall render its decision by vote of the members present and shall transmit its decision in writing to the grievant, the building Principal, if involved, the Superintendent, and the Association.
Appears in 1 contract
Sources: Teacher Employment Agreement
Formal Procedure. a. For purposes of Section 7.4 the required timelines shall begin on the first (1st) day following the date of receipt of a grievance by the Office of Education or the first (1st) day following receipt of the Office of Education decision by the grievant.
A. Level I Within twenty-five (25) days of the occurrence, or within twenty-five (25) days of when the unit member could reasonably have known of the occurrence of the act or omission giving rise to the grievance, the grievant must present his grievance in writing on an Office of Education provided form to his immediate administrator. On this form the unit member shall make a clear and concise statement of the grievance, the circumstances involved, and the specific article(s) that was allegedly violated, the decision rendered at the informal conference, and the specific remedy sought. The grievant immediate administrator shall submit communicate a decision to the unit member in writing within ten (10) days from the date the written grievance is received by the immediate administrator. If the immediate administrator does not respond within the time limits, the grievant may appeal to his/her building Principal the next level. Within the foregoing time limit either party may request a personal conference to discuss the grievance. Either the grievant or the immediate administrator may have a conferee present at such a conference.
B. Level II In the event the grievant is not satisfied with the decision at Level I, the grievant may appeal the decision to the Division Administrator, within ten (10) days after receiving the decision at Level I. This written appeal statement shall include a copy of the original grievance, the decision rendered at previous level and a clear, concise statement of the reasons for the appeal. The Division Administrator, or his designee, shall communicate a decision within ten (10) days from the date the appeal is received by the Division Administrator. Either the grievant or the Division Administrator, or his designee, may request a personal conference within the foregoing time limits to discuss the grievance. Either party may have a conferee present at such a conference. If the Division Administrator, or his designee, does not respond within the time limits, the grievant may appeal to the next level.
C. Level III In the event the grievant is not satisfied with the decision at Level II, the grievant may appeal the decision to the Superintendent, within ten (10) days after receiving the decision at Level II. The written appeal statement shall include a copy of the original grievance, the decisions rendered at previous levels, and a clear, concise statement of the reasons for the appeal. The Superintendent, or his designee, shall communicate a decision within ten (10) days from the date the appeal is received by the Superintendent. Either the grievant or the Superintendent, or his designee, may request a personal conference within the foregoing time limits to discuss the grievance. Either party may have a conferee present at such a conference. If the Superintendent, or his designee, does not respond within the time limits, the grievant may appeal to the next level.
D. Level IV - Arbitration In the event that the grievant is not satisfied with the decision at Level III, the unit member may request, in writing within five (5) days, that the Association submit the grievance to arbitration. If the Association agrees to proceed, the Association will request arbitration of the grievance in writing to the Office of Education within fifteen (15) days of the day issuance of the alleged violation occurredLevel III decision. The Such request must be in writing and be accompanied by a written statement from the Association agreeing to take the grievance to arbitration. In electing to pursue the grievance through arbitration, the grievant and the Association thereby agree that the arbitration process shall cite be the specific articlesonly forum for resolving the grievant's claim, sectionsthat the arbitrator's decision shall be final and binding, and paragraphs alleged that they will not thereafter attempt to be violatedachieve a different resolution through a separate remedial procedure, and will also state whether established by statute or by regulation having the specific remedy sought.
b. The building Principal shall schedule and hold a meeting within five (5) days after receipt force of the written or digital grievancelaw. Present at this meeting shall include the grievant(s), and if the grievant so desires, a representative of his/her own choosing and the building Principal, and if the building Principal desires, a representative of his/her own choosing.
c. The building Principal will transmit his/her decision in writing with reasons upon which the decision was based, to the grievant within four (4) days after the meeting was held.
a. If the grievant is not satisfied with the disposition of the grievance at Step I or if no decision has been rendered within ten (10) days after presentation of the grievance, the grievance may be referred to the Superintendent or his/her designee in his/her absence.
b. The Superintendent shall arrange for a meeting to take place within five (5) days of the receipt of the appeal.
c. Upon conclusion of the meeting, the Superintendent will provide his/her written decision to the grievant, Association, and building Principal if involved within four (4) days. Such written decision shall include reasons upon which the decision was based.
d. If the Association is not the representative for a grievant, a spokesperson for the Association may be present to submit the Association's views on the grievance.
a. If the grievant is not satisfied with the disposition of his/her grievance at Step II, or if no decision has been rendered within ten (10) days after he/she first met with the Superintendent or his/her official designee, he/she may within five (5) days after the decision of the Superintendent or No later than fifteen (15) days after he/she first met with the Superintendent, whichever is sooner, a request in writing that his/her grievance be heard within twenty (20) working days from the Office of Education's receipt of the request for arbitration from the Association and the grievant(s), the Association and the Office of Education shall meet to determine a mutually acceptable arbitrator. In the event the Association and the Office of Education are unable to reach agreement on a mutually acceptable arbitrator, the Association shall request, within the same fifteen (15) day period, that the American Arbitration Association shall supply a listing of names pursuant to its rules. The Arbitrator selected must be a member of the National Academy of Arbitrators and must have recent experience in arbitration of grievances involving public school employers. The Voluntary Labor Arbitration Rules of the American Arbitration Association shall apply except where the specific language herein is in conflict, which specific language will prevail. Any award of the arbitrator shall be binding on the grievant, the Association and the Office of Education. It shall be the function of the arbitrator to make an award, if necessary, which will resolve the grievance. The arbitrator shall be subject to the following limitations:
(1) The arbitrator shall have no power to add to, alter, subtract from, disregard, change, or modify any terms of this Agreement; but shall determine only whether or not there has been a violation, misapplication or misinterpretation of this Agreement in the respect alleged in the grievance.
b. Neither party (2) The arbitrator shall have no power to establish salary structures or change any salary.
(3) The award of the arbitrator shall be permitted based solely upon the evidence and arguments presented to enter into him/her in the school board presence of the parties, and upon any post- hearing any information which was not submitted to all parties in interest before completion briefs of Step IIthe parties.
c. At the conclusion (4) The arbitrator shall have no power to change any practice, policy, or rule of the hearing, the Board shall render its decision by vote Office of Education; nor to substitute his judgment for that of the members present Office of Education as to the reasonableness of any such practice, policy, rule, or any action by the Office of Education; nor to adjust, modify or amend salary schedules or classification structures.
(5) The standard of review for the arbitrator is whether the Office of Education acted in an arbitrary and capricious manner which is a violation of the express terms of this Agreement.
(6) The arbitrator shall transmit its decision not consider any issue raised by the grievant unless it was made known in writing to the grievantOffice of Education in an earlier Level of this Grievance Procedure.
(7) The arbitrator shall have no power to recommend or resolve any of the following:
a. The termination of services or any other disciplinary action or failure to re- employ any member of the Unit.
b. Any matter involving evaluation, except where procedure has been violated.
c. Nothing herein shall be construed to prevent or limit deferral to arbitration by the building Principal, if involved, Public Employment Relations Board pursuant to Government Code Section 3541.5(a)(2)
(8) All fees and expenses of the Superintendent, arbitrator shall be shared equally by the Office of Education and the Association. The Office of Education shall only bear its own expenses. Arbitration hearings shall be held at the Office of Education, unless the parties mutually agree otherwise. If the Office of Education claims that a grievance should be dismissed because, for example, it falls outside the scope of the procedure, or was filed or processed in an untimely manner, such a claim shall, at the option of the Office of Education and upon reasonable notice, be heard and promptly ruled upon by the arbitrator prior to any hearing on the merits of the grievance. Upon the request of either party, there shall be a suitable stay/continuance between such a ruling and any further proceedings which may be necessary. The Office of Education may forego the above preliminary motion procedure, and have such a claim heard and ruled upon at the hearing prior to the receipt of evidence on the merits. If the Office of Education should choose to refuse top arbitrate a dispute, nothing in this section shall preclude the Association from seeking, through appropriate administrative or judicial proceedings, to compel the Office of Education to proceed to arbitration.
(9) The arbitrator shall have no power to render an award on a grievance claim rising out of an act or omission prior to the effective date of this Agreement or after the termination of this Agreement.
Appears in 1 contract
Sources: Negotiated Agreement
Formal Procedure. a. The grievant shall submit a Level I - Administration A copy of the written grievance shall be submitted on the approved form to his/her building Principal the aggrieved's principal or administrator concerned within fifteen (15) days of the day when a reasonable bargaining unit member should have become aware of the alleged violation occurredviolation, or within ten days of the completion of the informal procedure if followed. The written grievance A meeting shall cite be mutually agreed upon between the specific articles, sections, aggrieved and paragraphs alleged to be violated, and will also state the specific remedy sought.
b. The building Principal shall schedule and hold a meeting administrator within five seven (57) days after receipt of the written or digital filing of the grievance. Present Both the aggrieved and the administrator may have present such people who may provide information related to the grievance. Discussion at this meeting shall include be confined to the grievant(s)issues as stated in the grievance and the relief sought. Within seven (7) days of the meeting, and if the grievant so desires, administrator shall provide the aggrieved with a representative of written response stating his/her own choosing position and suggestion for resolving the building Principal, and if the building Principal desires, a representative of his/her own choosing.
c. The building Principal will transmit his/her decision in writing with reasons upon which the decision was based, to the grievant within four (4) days after the meeting was held.
a. grievance. Level II - Superintendent If the grievant aggrieved is not satisfied with the disposition of the grievance at Step I or if no decision has been rendered suggestions for resolution received in Level I, he/she may within ten seven (107) days after presentation of the grievancereceipt of such written response, the submit his/her written grievance may be referred to the Superintendent or his/her designee in his/her absence.
b. The Superintendent shall arrange for and request a meeting to take place discuss the grievance. The written grievance submitted to the Superintendent will contain a concise statement of the facts upon which the grievance is based, the disposition by the administration at Level I, and a statement of the questions still unresolved to the satisfaction of the aggrieved. The meeting shall be within five seven (57) days of the receipt of the appeal.
c. Upon conclusion request. The meeting shall be conducted in a manner as stated in Level I. Within seven (7) days of the meeting, the Superintendent will shall provide the aggrieved with a written response stating his/her written decision to position and suggestions for resolution of the grievant, Association, and building Principal if involved within four (4) daysgrievance. Such written decision shall include reasons upon which the decision was based.
d. Level III – Arbitration If the Association is not the representative for a grievant, a spokesperson for the Association may be present to submit the Association's views on the grievance.
a. If the grievant aggrieved is not satisfied with the disposition of his/her grievance at Step suggestion for resolution received in Level II, or if no decision has been rendered the association may within ten seven (107) days after of the written response, submit the grievance (if Type I) to the American Arbitration Association. Attorneys may be used, providing they are not from a competitive bargaining unit member organization, by either party at the arbitration level of this procedure. The arbitrator shall be selected by the Association and Superintendent. If the Association and Superintendent cannot agree on an arbitrator, the arbitrator shall be selected from the American Arbitration Association according to its voluntary rules and regulations. The arbitrator shall hold such meetings, as he/she first met with determines necessary to make a fair and impartial ruling on the Superintendent or his/her official designee, he/she may within five (5) days after the decision grievance as stated. The ruling of the Superintendent or fifteen (15) days after he/she first met with the Superintendent, whichever is sooner, a request in writing that his/her grievance be heard within twenty (20) working days from the receipt of the request.
b. Neither party arbitrator shall be permitted to enter into the school board hearing any information which was not submitted to all parties in interest before completion of Step II.
c. At the conclusion of the hearing, the Board shall render its decision by vote of the members present and shall transmit its decision made in writing to the grievantaggrieved and the Board. The ruling of the arbitrator shall be final and binding on all parties to the limit of the grievance as stated insofar as the grievance is found to be a Type I grievance as defined herein. The cost of the fees and arbitrator shall be borne by the losing party. If the losing party cannot be clearly discerned, the building Principal, if involved, arbitrator shall apportion the Superintendent, and cost between the Associationparties.
Appears in 1 contract
Sources: Master Contract
Formal Procedure. a. The grievant Step 1 In the event the matter is not resolved informally, the grievance shall submit a written grievance be submitted in writing to his/her building Principal their supervisor within fifteen (15) days following the act or condition which is the basis of the day the alleged violation occurred. grievance.
i. The written grievance shall cite the specific articles, sections, and paragraphs alleged to be violated, and will also must state the specific provision of the contract that has been alleged to have been violated, what was the alleged violation, and any proposed remedy soughtto such violation. A grievance that does not contain all such information will not be accepted or processed through the grievance process.
b. ii. The building Principal shall schedule grievance may be lodged and hold a meeting within five (5thereafter discussed with the supervisor:
a) days after receipt of by the written or digital grievance. Present at this meeting shall include facilitator accompanied by the grievant(s)Federation representative;
b) by the Federation representative, and if the grievant facilitator so desires, requests;
c) by a representative of facilitator on his/her own choosing and behalf; or
d) by the building PrincipalFederation in the name of the Federation.
iii. Within ten (10) days after receiving the written grievance, and if the building Principal desires, a representative of supervisor shall communicate his/her own choosingdecision on the grievance in writing to the grievant or the Federation representative.
c. The building Principal b. Step 2
i. Within ten (10) days after receiving the decision of the supervisor the Federation and/or grievant may appeal the grievance to the Assistant Superintendent for Human Resources. No later than twenty (20) days after receiving the appeal in writing, the Grievant and the Assistant Superintendent or his/her designee will transmit meet to review the grievance.
ii. Within ten (10) days after said meeting, the Assistant Superintendent will communicate his/her decision in writing with reasons upon which the decision was based, to the grievant within four (4) days after the meeting was held.
a. If the grievant is not satisfied with the disposition of the grievance at Step I or if no decision has been rendered within ten (10) days after presentation of the grievance, the grievance may be referred to the Superintendent or his/her designee in his/her absence.
b. The Superintendent shall arrange for a meeting to take place within five (5) days of the receipt of the appeal.
c. Upon conclusion of the meeting, the Superintendent will provide his/her written decision to the grievant, Association, and building Principal if involved within four (4) days. Such written decision shall include reasons upon which the decision was based.
d. If the Association is not the representative for a grievant, a spokesperson for the Association may be present to submit the Association's views on the grievance.
a. If the grievant is not satisfied with the disposition of his/her grievance at Step II, or if no decision has been rendered within ten (10) days after he/she first met with the Superintendent or his/her official designee, he/she may within five (5) days after the decision of the Superintendent or fifteen (15) days after he/she first met with the Superintendent, whichever is sooner, a request in writing that his/her grievance be heard within twenty (20) working days from the receipt of the request.
b. Neither party shall be permitted to enter into the school board hearing any information which was not submitted to all parties in interest before completion of Step II.
c. At the conclusion of the hearing, the Board shall render its decision by vote of the members present and shall transmit its decision in writing to the grievant, the building Principalaggrieved facilitator, if involvedany, the Superintendent, and the AssociationFederation.
c. Step 3
i. Within thirty (30) days after receiving the decision from the Assistant Superintendent, if there is to be an appeal, the Federation shall submit the grievance to binding arbitration to the American Arbitration Federation.
a) The process used will be determined by the AAA labor arbitration rules.
b) The arbitrator shall be bound to apply the law of the State of Michigan relating to the interpretation of collective bargaining agreements and shall be bound to resolve the dispute within the specific terms of this agreement.
c) The arbitrator shall have no power to alter, modify, add to, or subtract from the provisions of this Agreement. His/her authority shall be limited to deciding whether there is a violation of the terms and conditions of this Agreement. The arbitrator shall have no authority to impose or fashion any remedy beyond that which may be allowed by this Agreement.
d) The arbitrator shall not be authorized to make any determination or issue any resolution that is contrary to the laws of the United States and/or the State of Michigan.
e) The arbitrator shall not be authorized to order back pay or any retroactive wages beyond six months prior to the date of the filing of the written grievance in any matter.
f) The arbitrator's decision shall be binding on both parties. If the decision by the arbitrator is split, giving each side of the arbitration a partial remedy, the fees of the arbitrator shall be split equally by the Agency and the Federation. If the decision by the arbitrator favors one side only, then the arbitrator's fee shall be paid by the party against who the arbitration decision is made. Each party will pay its own cost in preparing for the arbitration, including attorney fees.
g) In the event the Federation does not file a demand for arbitration with the AAA within thirty (30) days after the receipt of the Assistant Superintendent’s decision, the grievance shall be deemed abandoned and the Assistant Superintendent’s decision shall be considered accepted.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Formal Procedure. a. The grievant LEVEL ONE - Supervisor's Level: Within five (5) days of the alleged violation of this Agreement or of the grievant's knowledge of its occurrence, whichever is first, the aggrieved party shall submit a written grievance to his/her building Principal the Superintendent or designee. Within five (5) days of receipt of the written grievance, the Superintendent or designee shall schedule a Level One hearing. In the event a Level One hearing is not scheduled within fifteen the five (155) day limitation, Level One shall be waived and the grievance referred to Level Two. Within five (5) days of the day hearing on the alleged violation occurred. The written grievance grievance, the Assistant Superintendent or designee shall cite render a decision in writing, transmitting a copy to the specific articlesUnion, sectionsthe aggrieved party, and paragraphs alleged the Superintendent or designee. LEVEL TWO - Superintendent's Level: If the decision of the Assistant Superintendent or designee is not satisfactory to be violatedthe grievant, and will also state the specific remedy sought.
b. The building Principal shall schedule and hold a meeting Union, within five (5) days after of receipt of the written Assistant Superintendent’s or digital grievance. Present at this meeting designee’s decision, shall include the grievant(s), and if the grievant so desires, a representative of his/her own choosing and the building Principal, and if the building Principal desires, a representative of his/her own choosing.
c. The building Principal will transmit his/her decision in writing with reasons upon which the decision was based, to the grievant within four (4) days after the meeting was held.
a. If the grievant is not satisfied with the disposition of the grievance at Step I or if no decision has been rendered within ten (10) days after presentation of the grievance, the grievance may be referred to the Superintendent or his/her designee in the Level One decision, and a statement of intent to file at Level Two. Within ten (10) days of a Level Two grievance, the Superintendent or his/her absence.
b. The Superintendent designee shall arrange for schedule a meeting to take place within five Level Two hearing. Within ten (510) days of the receipt of hearing on the appeal.
c. Upon conclusion of the meetinggrievance, the Superintendent will provide or his/her written designee shall render a decision in writing, transmitting a copy to the grievantUnion and to the aggrieved party. Group grievances, Association, and building Principal if involved within four (4) days. Such written decision shall include reasons upon or grievances over which the decision was based.
d. If the Association is not the representative for a grievant, a spokesperson for the Association Assistant Superintendent or designee has no control may be present started at Level Two, provided they are reduced to submit the Association's views on the grievance.
a. If the grievant is not satisfied with the disposition of his/her grievance at Step II, or if no decision has been rendered writing within ten (10) days after he/she first met of their occurrence or knowledge of occurrence. After receipt of a notice of intent to arbitrate, the parties shall meet in an attempt to agree on an arbitrator. If the parties are unable to mutually agree on an arbitrator, then the Union may submit the matter to the Michigan Employment Relations Commission or American Arbitration Association requesting that an arbitrator be selected with their assistance and under their rules. All arbitral proceedings shall be conducted in accordance with the Superintendent rules established by the American Arbitration Association. The arbitrator shall have no power to amend, alter, or his/her official designeemodify this Agreement or any supplementary agreement. The award of the arbitrator shall be based exclusively on evidence presented at the arbitration hearing and the award shall not be based on other extra contract matters not specifically incorporated in this Agreement. There shall be no appeal from the arbitrator's decision. It shall be final and binding on the Union, he/she may within five (5) days after the Board, and on all parties. The arbitrator shall have no power to establish salary schedules or set or alter hourly rates. No decision of the Superintendent or fifteen (15) days after he/she first met with the Superintendent, whichever is sooner, a request arbitrator in writing that his/her grievance be heard within twenty (20) working days from the receipt any one case shall require retroactive adjustment in any other case. The expenses of the request.
b. Neither arbitration proceedings shall be borne equally by the parties. Each party shall be permitted to enter into make arrangements for and pay the school board hearing any information expenses of witnesses which was not submitted to all parties in interest before completion of Step II.
c. At the conclusion are called by them. Representatives of the hearingUnion who are called as witnesses shall not suffer any loss in their regular wages. The arbitrator shall not be empowered to rule on matters that are subject to applicable federal, the Board state, or civil regulatory procedures. This provision shall render its decision by vote not be construed to unreasonably restrict utilization of the members present and shall transmit its decision in writing to the grievant, the building Principal, if involved, the Superintendent, and the Associationgrievance procedure.
Appears in 1 contract
Sources: Master Agreement
Formal Procedure. a. The grievant If the Union is dissatisfied with the decision at Step 3 above, it shall submit a written the unresolved grievance to his/her building Principal arbitration by written notice to the Board of Selectmen within fifteen (15) days of the day the alleged violation occurred. The written grievance shall cite the specific articles, sections, and paragraphs alleged to be violated, and will also state the specific remedy sought.
b. The building Principal shall schedule and hold a meeting within five (5) days after receipt of the written or digital grievance. Present at this meeting shall include the grievant(s), and if the grievant so desires, a representative of his/her own choosing and the building Principal, and if the building Principal desires, a representative of his/her own choosing.
c. The building Principal will transmit his/her decision in writing with reasons upon which the decision was based, to the grievant within four (4) days after the meeting was held.
a. If the grievant is not satisfied with the disposition of the grievance at Step I or if no decision has been rendered within ten (10) days after presentation of the grievance, the grievance may be referred to the Superintendent or his/her designee in his/her absence.
b. The Superintendent shall arrange for a meeting to take place within five (5) calendar days of the receipt of the appeal.
c. Upon conclusion written decision of the meetingBoard of Selectmen in Step 3. Within fifteen (15) calendar days from the date of the request for arbitration, the Superintendent will parties shall jointly request the American Arbitration Association to provide his/her written decision to the grievant, Association, and building Principal if involved within four (4) days. Such written decision shall include reasons upon which the decision was based.
d. If the Association is not the representative for a grievant, a spokesperson for the Association may be present to submit the Association's views on the grievance.
a. If the grievant is not satisfied with the disposition list of his/her grievance at Step II, or if no decision has been rendered within ten (10) days after he/she first met with the Superintendent or his/her official designee, he/she may within five (5) impartial persons qualified to act as arbitrators. The parties shall meet within seven (7) calendar days after the decision receipt of such list for the purpose of the Superintendent selection of an arbitrator. If they cannot mutually agree upon one of the listed arbitrators, then the Employer and the Union will each strike one arbitrator’s name from the list of five (5) and will then repeat this procedure. The remaining person shall be the duly selected arbitrator. The arbitrator shall render a decision only on the issue specifically defined. In arbitrating a grievance, the arbitrator shall not change, modify, alter, delete, or fifteen add to the provisions of this Agreement, since such right is the prerogative of the contracting parties only. The fees and expenses of the arbitrator shall be borne equally by the Town and the Union. The arbitration hearing shall be held during regular daytime work hours. Employees who appear as representatives or as witnesses for the Union at arbitration proceedings shall suffer no loss of pay providing they appear during their regularly scheduled shift. Travel expenses or overtime pay shall not be paid by the Town. The arbitrator will be requested by the parties to render his/her decision as quickly as possible, but not later than thirty (1530) days after he/she first met with the Superintendent, whichever is sooner, a request in writing that his/her grievance be heard within twenty (20) working days from the receipt of the request.
b. Neither party shall be permitted to enter into the school board hearing any information which was not submitted to all parties in interest before completion of Step II.
c. At the conclusion of the hearing. The arbitrator’s award shall be binding on the parties, subject only to judicial appeal by either party in accordance with appropriate provisions of the law.
Section 3. Any grievance, which is not taken up by the grievant with the Chief of Police at Step I within seven (7) working days after the last occurrence of the action or event out of which the grievance arose, shall not be presented or considered at a later date.
Section 4. Failure of the Town to observe the time limits with respect to any step in the grievance procedure shall entitle the grievant to advance the grievance to the next step. Failure of the grievant to observe the time limits provided for herein shall constitute withdrawal of the grievance.
Section 5. Any grievance that has not been processed through the informal step may not be processed through the formal step(s). Any grievance not processed through Step 2 above may not be processed to the Selectmen.
Section 6. Unless mutually agreed otherwise, identical grievances to which this Article applies will be processed under the procedures of this Article by having one
(1) grievance processed, the Board shall render its decision result of which will be binding on the other grievants. Identical grievances herein referred to are those arising out of a single event.
Section 7. The parties may, by vote of the members present and shall transmit its decision mutual agreement, waive any step in writing to the grievant, the building Principal, if involved, the Superintendent, and the Associationthis procedure.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Formal Procedure. a. The grievant shall A. Level One - School Principal
1. If an aggrieved person and/or the Union is not satisfied with disposition of the problem through informal procedures, she/he may submit the claim as a written formal grievance in writing to hisher/her building Principal his principal or designee. A grievance must be submitted as a formal grievance within fifteen (15) working days of the day event giving rise to the alleged violation occurredgrievance. A meeting shall be scheduled within fifteen (15) working days of receipt of such grievance.
2. The written grievance shall cite principal or supervisor shall, within ten (10) working days, render a decision and the specific articlesreasons therefore in writing to the aggrieved person, sections, and paragraphs alleged with a copy to be violated, and will also state the specific remedy soughtUnion President.
b. The building Principal shall schedule and hold a meeting within five (5) days after receipt B. Level Two - Superintendent of Schools
1. In the written or digital grievance. Present at this meeting shall include event that such aggrieved employee and/or the grievant(s), and if the grievant so desires, a representative of his/her own choosing and the building Principal, and if the building Principal desires, a representative of his/her own choosing.
c. The building Principal will transmit his/her decision in writing with reasons upon which the decision was based, to the grievant within four (4) days after the meeting was held.
a. If the grievant Union is not satisfied with the disposition of the grievance at Step I Level One, or if in the event that no decision has been rendered within ten (10) working days after presentation of the grievance, he or she and/or the Union may submit the written grievance may be referred to the Superintendent or his/her designee in his/her absence.
b. The Superintendent shall arrange for a meeting to take place within five fifteen (515) days of the Level One response.
2. The Superintendent of Schools shall represent the administration/management at this level of the grievance procedure. Within fifteen (15) working days after receipt of this written grievance by the appeal.
c. Upon conclusion of the meetingSuperintendent, the Superintendent will provide his/her written decision shall meet with the aggrieved person and/or the Union in an effort to resolve it. The aggrieved person may be accompanied by a representative of the grievant, Association, and building Principal if involved within four (4) days. Such written decision shall include reasons upon which the decision was basedUnion.
d. If C. Level Three
1. In the Association is not the representative for a grievant, a spokesperson for the Association may be present to submit the Association's views on the grievance.
a. If event the grievant is and the Union are not satisfied with the disposition of his/her the grievance at Step IILevel Two and wishes to proceed further she/he and/or the Union shall, or if no decision has been rendered within ten (10) working school days and/or work days after he/she first met with the Superintendent or his/her official designee, he/she may within five (5) days after the decision receipt of the Superintendent or fifteen (15) days after he/she first met Superintendent’s answer, send to the American Arbitration Association by United States mail, postage prepaid and certified, return receipt requested, with a copy to the Superintendent, whichever is sooner, a request for arbitration in writing that his/her grievance be heard within twenty (20) working days from accordance with the receipt Voluntary Rules for Labor Arbitration of the request.
b. Neither party American Arbitration Association, provided that the Arbitrator's award, except for suspensions and discharges, and issues having a direct monetary or economic impact shall be permitted advisory, unless the Board and the grievant and the Union have agreed, prior to enter into the school board hearing any information which was not submitted to all parties in interest before completion of Step II.
c. At the conclusion submission of the hearingissue to the Arbitrator, to accept a final and binding award. The cost of Arbitration shall be borne equally by the Board shall render its decision by vote of the members present and shall transmit its decision in writing to the grievant, the building Principal, if involved, the Superintendent, and the AssociationUnion.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Formal Procedure. a. Should a grievance not be resolved at the informal level, then the teacher and/or teacher- designated representative will complete the following steps in filing a formal grievance:
Step I. The grievant shall submit teacher and/or teacher-designated representative will present the grievance in writing to the administrative superior (in case of a written grievance to his/her building Principal school, the principal) within fifteen ten (1510) working days following the completion of the day informal procedure. A written response will be given the alleged violation occurred. The written grievance shall cite aggrieved by the specific articles, sections, and paragraphs alleged to be violated, and will also state the specific remedy sought.
b. The building Principal shall schedule and hold a meeting administrative superior within five (5) working days after of the receipt of the written or digital grievance. Present at this meeting shall include The five-day limitation may be extended by mutual agreement. If not satisfied, the grievant(s), and if teacher and/or teacher-designated representative may appeal the grievant so desires, a representative of his/her own choosing and the building Principal, and if the building Principal desires, a representative of his/her own choosing.
c. The building Principal will transmit his/her administrative decision in writing with reasons upon which the decision was basedStep I, in writing, to the grievant within four (4) days after the meeting was held.
a. If the grievant is not satisfied with the disposition of the grievance at Step I or if no decision has been rendered within ten (10) days after presentation of the grievance, the grievance may be referred to the Superintendent or his/her designee in his/her absence.
b. The Superintendent shall arrange for a meeting to take place appropriate District administrator within five (5) working days of receipt of the Step I administrative decision. Prior to a written response, a face-to-face conference may occur between the grievant and/or representative and the appropriate District administrator. A written response will be given to the aggrieved by the appropriate District administrator within five (5) working days of the receipt of the appeal.
c. Upon conclusion of the meeting. The five-day limitation may be extended by mutual agreement. If not satisfied, the Superintendent will provide his/her written teacher and/or teacher-designated representative may appeal the administrative decision to the grievant, Association, and building Principal if involved within four (4) days. Such written decision shall include reasons upon which the decision was based.
d. If the Association is not the representative for a grievant, a spokesperson for the Association may be present to submit the Association's views on the grievance.
a. If the grievant is not satisfied with the disposition of his/her grievance at in Step II, in writing, to the Superintendent within five (5) working days of receipt of the Step II administrative decision. The Superintendent or if no decision has been rendered designee(s), prior to written response, will meet face to face with the aggrieved and/or teacher-designated representative and the administrative superior. Then a written response will be given to the aggrieved and the administrative superior by the Superintendent or designee(s) within ten (10) days after he/she first met with the Superintendent or his/her official designee, he/she may within five (5) days after the decision of the Superintendent or fifteen (15) days after he/she first met with the Superintendent, whichever is sooner, a request in writing that his/her grievance be heard within twenty (20) working days from the of receipt of the requestappeal. The ten-day limitation may be extended by mutual agreement.
b. Neither party shall be permitted to enter into the school board hearing any information which was not submitted to all parties in interest before completion of Step II.
c. At the conclusion of the hearing, the Board shall render its decision by vote of the members present and shall transmit its decision in writing to the grievant, the building Principal, if involved, the Superintendent, and the Association.
Appears in 1 contract
Sources: Teacher Employment Agreement
Formal Procedure. a. Formal Step One - The grievant aggrieved may file a grievance in writing with the building principal or immediate supervisor, with a copy to the Association President. If such grievance is not filed within seven (7) days following the act or condition upon which said grievance is based, or became known, or should have become known, the grievance shall submit no longer exist. The principal or immediate supervisor shall within ten (10) days after receipt of the grievance give the aggrieved a written answer, with a copy to the grievant and the Superintendent. Formal Step Two - If the aggrieved believes that the grievance to his/her building Principal within fifteen (15) days of has not been resolved satisfactorily, the day the alleged violation occurred. The written grievance shall cite the specific articlesaggrieved may, sections, and paragraphs alleged to be violated, and will also state the specific remedy sought.
b. The building Principal shall schedule and hold a meeting within five (5) days after receipt of the written or digital grievance. Present at this meeting shall include the grievant(s)answer as required in Formal Step One, and if the grievant so desires, a representative of his/her own choosing and the building Principal, and if the building Principal desires, a representative of his/her own choosing.
c. The building Principal will transmit his/her decision refer it in writing with reasons upon which the decision was based, to the grievant within four (4) days after the meeting was held.
a. If the grievant is not satisfied with the disposition of the grievance at Step I or if no decision has been rendered Superintendent. The Superintendent shall within ten (10) days after presentation receipt of the grievance, meet with the grievance may be referred aggrieved and a union representative to the Superintendent or his/her designee in his/her absence.
b. The Superintendent shall arrange for a meeting to take place within five (5) days of the receipt of the appeal.
c. Upon conclusion of the meeting, the Superintendent will provide his/her written decision to the grievant, Association, and building Principal if involved within four (4) days. Such written decision shall include reasons upon which the decision was based.
d. If the Association is not the representative for a grievant, a spokesperson for the Association may be present to submit the Association's views on discuss the grievance.
a. If the grievant is not satisfied with the disposition of his/her grievance at Step II, or if no decision has been rendered within . Within ten (10) days after he/she first met with such meeting, the Superintendent shall give to the Union, aggrieved, the principal or his/her official designeeimmediate supervisor a written answer. Formal Step Three - If the aggrieved believes that the grievance has not been resolved satisfactorily, he/she may the aggrieved may, within five (5) days after the decision receipt of the Superintendent or fifteen written answer as required in Formal Step Two, refer it in writing to the Board of Education. The Board shall within thirty (1530) days after he/she first met with the Superintendent, whichever is sooner, a request in writing that his/her grievance be heard within twenty (20) working days from the receipt of the request.
b. Neither party shall be permitted grievance meet with the aggrieved to enter into discuss the school board hearing any information which was not submitted to all parties in interest before completion grievance. Within ten (10) days after such meeting, the President of Step II.
c. At the conclusion of the hearing, the Board shall render its decision by vote of the members present and shall transmit its decision in writing give to the grievant, the building Principal, if involved, the Superintendentprincipal, and the Superintendent a written answer. grievance to arbitration. The demand for arbitration shall specify the alleged violation, misinterpretation, or misapplication upon which the grievance is based, the date of the alleged violation, misinterpretation or misapplication, the names and addresses of the parties, the contractual clause(s) upon which the grievance is based, and the remedy sought. Copies of the demand form will be mailed to the Superintendent with return receipt requested or hand delivered with date of receipt noted. The arbitrator shall be selected in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association. The arbitrator shall have no power to add to, subtract from, disregard, alter, delete, or modify any term of this Agreement and his/her award shall be final and binding upon the parties. The fees and expenses of the arbitrator shall be borne by the loser.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Formal Procedure. a. The grievant LEVEL ONE – Transportation Supervisor Level: Within five (5) days of the alleged violation of this Agreement or of the grievant’s knowledge of its occurrence, whichever is first, the aggrieved party shall submit a written grievance to his/her building Principal the Assistant Superintendent of Business Operations or designee. Within five (5) days of receipt of the written grievance, the Executive Director of Operations or designee shall schedule a Level One hearing. In the event a Level One hearing is not scheduled within fifteen the five (155) day limitation, Level One shall be waived and the grievance referred to Level Two. Within five (5) days of the day hearing on the alleged violation occurred. The written grievance grievance, the Transportation Supervisor or designee shall cite render a decision in writing, transmitting a copy to the specific articlesUnion, sectionsthe aggrieved party, and paragraphs alleged to be violatedthe Assistant Superintendent of Business and Operations. LEVEL TWO – Assistant Superintendent of Business and Operations Level: If the decision of the Executive Director of Operations or designee is unsatisfactory to the grievant, and will also state the specific remedy sought.
b. The building Principal shall schedule and hold a meeting Union, within five (5) days after of receipt of the written Assistant Superintendent of Business and Operations decision, shall transmit to the Superintendent or digital grievance. Present at this meeting shall include the grievant(s), and if the grievant so desires, a representative of his/her own choosing designee the Level One decision and a statement of the building Principalintent to file at Level Two. Within ten (10) days of a Level Two grievance, the Assistant Superintendent of Business and if the building Principal desires, a representative of Operations or his/her own choosing.
c. The building Principal will transmit designee shall schedule a Level Two hearing. Within five (5) days of the hearing on the grievance, the Assistant Superintendent of Business and Operations or his/her designee shall render a decision in writing with reasons upon which the decision was basedwriting, transmitting a copy to the grievant within four (4) days after Union and to the meeting was held.
a. If aggrieved party. LEVEL THREE - In the grievant event the Union is not satisfied with the disposition of the grievance at Step I or if no decision has been rendered within ten (10) days after presentation of the grievanceLevel Two, the grievance may be referred to the Superintendent or his/her designee in his/her absence.
b. The Superintendent shall arrange for a meeting to take place within five (5) days Union must provide written notice of the receipt of the appeal.
c. Upon conclusion of the meeting, the Superintendent will provide his/her written decision to the grievant, Association, and building Principal if involved within four (4) days. Such written decision shall include reasons upon which the decision was based.
d. If the Association is not the representative for a grievant, a spokesperson for the Association may be present intent to submit the Association's views on the grievance.
a. If the grievant is not satisfied with the disposition of his/her grievance at Step II, or if no decision has been rendered to arbitration within ten (10) days after he/she first met with the Superintendent or his/her official designee, he/she may within five (5) days after the decision of the Superintendent or fifteen (15) days after he/she first met with the Superintendent, whichever is sooner, a request in writing that his/her grievance be heard within twenty (20) working days from the receipt of the request.
b. Neither party decision in Level Two. After receipt of a notice of intent to arbitrate, the parties shall meet in an attempt to agree on an arbitrator. If the parties are unable to mutually agree on an arbitrator, then the Union may submit the matter to the American Arbitration Association requesting that an arbitrator be selected with their assistance and under their rules. All arbitral proceedings shall be permitted conducted in accordance with the rules established by the American Arbitration Association. The arbitrator shall have no power to enter into the school board hearing amend, alter, or modify this Agreement or any information which was not submitted to all parties in interest before completion of Step II.
c. At the conclusion supplementary agreement. The award of the hearingarbitrator shall be based exclusively on evidence presented at the arbitration hearing and the award shall not be based on other extra contract matters not specifically incorporated in this Agreement. There shall be no appeal from the arbitrator’s decision. It shall be final and binding on the Union, the Board and on all parties. The arbitrator shall render its have no power to establish salary schedules or set or alter hourly rates. No decision by vote of the members present arbitrator in any one case shall require retroactive adjustment in any other case. The expenses of the arbitration proceedings shall be borne equally by the parties. Each party shall make arrangements for and pay the expenses of witnesses which are called by them. Representatives of the Union who are called as witnesses by the Employer shall transmit its decision not suffer any loss in writing their regular wages. The arbitrator shall not be empowered to the grievantrule on any matter which has been made subject to review by applicable federal, the building Principalstate, if involved, the Superintendent, and the Associationor civil regulatory procedures.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Formal Procedure. a. The grievant grievance shall submit state the specified alleged violation or condition with proper reference to the contract Agreement. It shall also set forth names, dates, and any other related facts which will provide a written sound oasis for a complete understanding of any such grievance. No grievance shall be considered under this procedure unless notice of the same is given to the administration within thirty-five (35) days following the occurrence of the facts which give rise to the grievance.
LEVEL A. Within five (5) days of receipt of a formal grievance, the Building Principal shall meet with the aggrieved teacher. Within five (5) days following any such meeting, the Principal shall give his/her building Principal answer in writing. If the grievance is not settled at this level, then it may be referred to Level B within ten (10) days of the receipt of an answer given at this level.
LEVEL B. Within fifteen (15) days of a grievance being referred to this level, the Superintendent will meet with the participants of Level A and examine the facts of the grievance. The Superintendent shall give his/her answer within fifteen (15) days of any such meeting. If the day the alleged violation occurred. The written grievance shall cite the specific articlesis not settled at this level, sections, and paragraphs alleged to be violated, and will also state the specific remedy sought.
b. The building Principal shall schedule and hold a meeting then within five fifteen (515) days after from receipt of the written or digital grievance. Present answer rendered at this meeting shall include the grievant(s), and if the grievant so desires, a representative of his/her own choosing and the building Principal, and if the building Principal desires, a representative of his/her own choosing.
c. The building Principal will transmit his/her decision in writing with reasons upon which the decision was based, to the grievant within four (4) days after the meeting was held.
a. If the grievant is not satisfied with the disposition of the grievance at Step I or if no decision has been rendered within ten (10) days after presentation of the grievance, level the grievance may be referred to arbitration as set forth herein.
LEVEL C. If the Superintendent or grievance remains unsettled, then the matter may be referred by the Association to arbitration. If the matter is referred to arbitration, then the parties shall apply to the American Arbitration Association to name an arbitrator under the rules and procedures then obtaining of the service. The arbitrator shall use his/her designee in his/her absence.
b. The Superintendent shall arrange for a meeting best efforts to take place within five (5) days of the receipt of the appeal.
c. Upon conclusion of the meeting, the Superintendent will provide his/her written decision to the grievant, Association, and building Principal if involved within four (4) days. Such written decision shall include reasons upon which the decision was based.
d. If the Association is not the representative for a grievant, a spokesperson for the Association may be present to submit the Association's views on arbitrate the grievance.
a. If the grievant is not satisfied with the disposition of his/her grievance at Step II, or if no decision has been rendered within ten (10) days after but he/she first met with shall have no power or authority to do other than interpret and apply the Superintendent or his/her official designee, provisions of this Agreement and he/she may within five (5) days after the decision shall have no power to add to or subtract from, alter, or modify any of the Superintendent or fifteen (15) days after he/she first met with said provisions. The arbitrator shall thereafter submit a decision to both parties. The arbitrator' s decision shall not be binding on either party, but shall be advisory only. The parties agree to share equally in the Superintendent, whichever is sooner, a request in writing that his/her grievance be heard within twenty (20) working days from the receipt compensation and expenses of the requestarbitrator.
b. Neither party shall be permitted to enter into the school board hearing any information which was not submitted to all parties in interest before completion of Step II.
c. At the conclusion of the hearing, the Board shall render its decision by vote of the members present and shall transmit its decision in writing to the grievant, the building Principal, if involved, the Superintendent, and the Association.
Appears in 1 contract
Sources: Collective Bargaining Agreement