Common use of Formal Procedures Clause in Contracts

Formal Procedures. 1. If the aggrieved person or persons are not satisfied with the disposition of the problem through informal procedures, he, she, or they will have three calendar days to submit the claim as a formal written grievance to the principal. 2. The principal shall within five calendar days render his or her decision and its rationale in writing to the aggrieved person or persons, with a copy to the superintendent of schools for his or her files. 3. If the aggrieved person or persons are not satisfied with that disposition of the grievance at the principal level, or if the decision has not been rendered within five calendar days after the presentation of the grievance in writing, he, she or they may file the formal written grievance with the superintendent of school within three calendar days of the principal’s decision. 4. The superintendent of schools or his or her representative shall act within ten calendar days after receipt of the grievance to meet with the aggrieved person or persons for the purpose of resolving the grievance. A full record of such meetings shall be kept by the superintendent. The superintendent shall within three calendar days of the hearing render his or her decision and its rationale in writing to the aggrieved person or persons with a copy to the school board. 5. Representatives of the aggrieved shall have the right to attend and participate in the meeting of the superintendent with the aggrieved person or persons relating to the grievance presented to the superintendent. 6. If the aggrieved person or persons are not satisfied with the disposition of the superintendent, he or she may file within three calendar days the grievance to the school board. 7. After receiving the written grievance, the school board shall meet with the aggrieved person or persons and the aggrieved representatives, if any, at the next regular scheduled board meeting for the purpose of resolving the grievance. The decision of the school board shall be rendered in writing within five calendar days and shall be final. 8. Parents have the right to contact the Department of Education if they are not satisfied with the School Board’s decision. 9. Nothing contained in here shall deprive any student, teacher, principal, superintendent or school board of any legal right.

Appears in 2 contracts

Sources: Parent/Student Handbook, Parent/Student Handbook

Formal Procedures. a. No claim or request for interpretation shall become a formal grievance entitled to adjudication by means of the Formal Grievance Procedure until it has been presented to the Association. i. Level One - School Principal 1. If the an aggrieved person or persons are is not satisfied with the disposition outcome of the problem through informal proceduresprocedure, he, she, or they will have three calendar days may present their claim to submit the Association. If the Association determines the claim as meritorious, then a formal written grievance in writing will be sent to the principalgrievant’s Principal or other appropriate administrator. 2. The principal shall Principal shall, within five calendar (5) days after receipt of the written grievance, render his or her their decision and its rationale in writing to the aggrieved person or personsperson, with a copy to the superintendent Chairperson of schools for his or her filesthe Westwood Teachers’ Association PSC. 3. If the aggrieved person or persons are is not satisfied with that disposition the decision of the their grievance at the principal levelLevel One, or if the decision has not been rendered they may within five calendar eight (8) days after the presentation of the grievance in writingtheir formal presentation, he, she or they may file the formal their written grievance with the superintendent Association. ii. Level Two - Superintendent of school within three calendar days Schools 1. If the Association is not satisfied with the decision of the principal’s decision. 4. The superintendent of schools or his or her representative shall act principal at Level One, they may, within ten calendar (10) days after receipt of the decision, refer the grievance to the Superintendent. 2. The Superintendent shall, within ten (10) days after receipt of the referral, meet with the aggrieved person or persons and with representatives of the Association for the purpose of resolving the grievance. A full record of such meetings shall be kept by the superintendent. 3. The superintendent shall Superintendent shall, within three calendar (3) days of after the hearing meeting, render his or her their decision and its rationale in writing to the aggrieved person or persons person, with a copy to the school boardChairperson of the Westwood Teachers’ Association PSC. 5iii. Representatives of the aggrieved shall have the right to attend and participate in the meeting of the superintendent with the aggrieved person or persons relating to the grievance presented to the superintendent.Level Three - School Committee 61. If the aggrieved person or persons are Association is not satisfied with the disposition of the superintendentgrievance at Level Two, he or she may file they may, within three calendar seven (7) days after receipt of the grievance decision by the Superintendent, appeal the decision to the school boardSchool Committee. 72. After receiving The Westwood School Committee shall, within fifteen (15) days after receipt of the written grievanceappeal, the school board shall meet with the aggrieved person or persons and with representatives of the aggrieved representatives, if any, at the next regular scheduled board meeting Westwood Teachers’ Association for the purpose of resolving reviewing the grievance. 3. The Westwood School Committee shall, within three (3) days after such meeting, render its decision in writing to the aggrieved person, with a copy to the Chairperson of the school board shall be rendered in writing within five calendar days and shall be finalWestwood Teachers’ Association PSC. 8iv. Parents have Level Four - Impartial 1. If the right to contact the Department of Education if they are Association is not satisfied with the decision of the School Board’s Committee, it may, within ten (10) days after receipt of the decision, submit the grievance to Arbitration by notifying the Westwood School Committee and the American Arbitration Association in writing. 92. Nothing contained The Chairperson of the Westwood School Committee and the President of the Westwood Teachers’ Association shall, within fifteen (15) days after such written notice, jointly select a single arbitrator who is an experienced and impartial person of recognized competence. If the parties are unable to agree upon an arbitrator within fifteen (15) days, the American Arbitration Association shall immediately be called upon to select one. 3. The Arbitrator selected shall confer promptly with representatives of the School Committee and the Westwood Teachers’ Association PSC, shall review the record of prior hearings, and shall hold such further hearings with the aggrieved person and other parties in here interest as they deem requisite, and shall deprive any student, teacher, principal, superintendent or school board of any legal right.render a decision in writing within thirty

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Formal Procedures. 1. (a) Step One If the aggrieved person matter cannot be resolved informally, then the employee or persons are not satisfied with the disposition union shall within ten (10) working days from either the occurrence of the problem through informal procedures, he, shegrievance, or they will the date the union or the employee should reasonably have three calendar days to become aware of the grievance, submit the claim as a formal written grievance to the principal. 2. The principal shall within five calendar days render his or her decision and its rationale in writing to the aggrieved person or personsDirector of Operations. The Director of Operations will, within ten (10) ten working days after receiving the grievance, meet with the grievant and the union to try and resolve the matter, and will render a decision, and submit it in writing, along with supporting reasons to the grievant within ten (10) working days after the meeting. All parties shall be entitled to present information and question witnesses, including the parties involved, in an effort to settle the grievance. (b) Step Two If the Director of Operations decision is not acceptable, within ten (10) working days after the receipt of the decision the grievant may appeal to the Assistant Superintendent for Human Resources and Superintendent of Schools. This appeal must be in writing and set forth the reasons for the appeal along with a copy of the Director of Operations’ decision. The Assistant Superintendent for Human Resources and Superintendent of Schools shall, within ten (10) working days from receipt of the grievance, meet and confer on the grievance with a view to arriving at a mutually satisfactory agreement. All parties shall be entitled to present and question witnesses at the conference, and offer relevant evidence on their behalf. Within ten (10) working days after the review, the Assistant Superintendent for Human Resources and Superintendent of Schools will submit their decision in writing, together with their supporting reasons, to the superintendent of schools for his or her filesgrievant. 3. If the aggrieved person or persons are not satisfied with that disposition of the grievance at the principal level, or if the decision has not been rendered within five (c) Step Three Within thirty (30) calendar days after receiving the presentation decision of the Assistant Superintendent for Human Resources and the Superintendent, the Union may submit the grievance in writing, he, she or they may file the formal written grievance with the superintendent of school within three calendar days of the principal’s decision. 4to binding arbitration. The superintendent Union shall request from the American Arbitration Association or Federal Mediation and Conciliation Service a list of schools or his or her representative shall act within five qualified arbitrators. Within ten calendar (10) working days after receipt of the grievance to meet with list, the aggrieved person or persons for the purpose of resolving the grievance. A full record of such meetings parties shall be kept by the superintendent. The superintendent shall within three calendar days select as arbitrator one of the hearing render his or her decision and its rationale in writing to persons on the aggrieved person or persons with a copy to the school board. 5. Representatives of the aggrieved shall have the right to attend and participate in the meeting of the superintendent with the aggrieved person or persons relating to the grievance presented to the superintendent. 6list. If the aggrieved parties cannot agree on an arbitrator, both the Board and the Union shall each alternately strike one name from the list. The order of striking shall be determined by a coin toss. The last remaining person shall be the arbitrator. The arbitrator in his decision shall not amend, modify, nullify, ignore, or persons are not satisfied with add to the disposition provisions of this agreement. His authority shall be strictly limited to the issue or issues presented to him by the parties and his decision must be based solely upon his interpretation of the superintendent, he or she may file within three calendar days meaning of the grievance to express relevant language of the school board. 7agreement. After receiving The expenses and fees of the written grievance, the school board shall meet with the aggrieved person or persons arbitrator and the aggrieved representatives, if any, at the next regular scheduled board meeting for the purpose of resolving the grievance. The decision of the school board American Arbitration Association shall be rendered in writing within five calendar days and borne equally by the parties. All other expenses shall be finalpaid by the party incurring them. 8. Parents have the right to contact the Department of Education if they are not satisfied with the School Board’s decision. 9. Nothing contained in here shall deprive any student, teacher, principal, superintendent or school board of any legal right.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Formal Procedures. 1. Step 1 If the aggrieved person or persons are an employee is not satisfied with the disposition of the problem through his/her grievance by informal proceduresproceedings, he, she, or they will have three calendar days to submit the claim /she may present his/her grievance as a formal written grievance to his/her principal or if he/she is not directly responsible to a principal, then to the principal. 2appropriate administrative supervisor and shall have the right to have the representatives of the HEA assist him/her. The principal shall or supervisor may request a meeting with the employee and such representatives prior to making his/her decision; but, in any event, he/she must render his/her decision in writing with copies to the employee within five calendar (5) school days render his or her decision and its rationale in writing to of the aggrieved person or persons, with a copy to the superintendent of schools for his or her files. 3. If the aggrieved person or persons are not satisfied with that disposition written submission of the grievance at to him/her by the principal levelemployee. Step 2 Failing satisfactory settlement within such time limits, or if the decision has not been rendered aggrieved may with the assistance of the HEA representative, and within five calendar days after the presentation of the grievance in writing, he, she or they may file the formal written grievance with the superintendent of (5) school within three calendar days of the principal’s decision. 4. The superintendent of schools or his or her representative shall act within ten calendar days after receipt of the grievance to meet with the aggrieved person or persons for the purpose of resolving the grievance. A full record of such meetings shall be kept written decision by the superintendent. The superintendent shall within three calendar days of the hearing render his or his/her decision and its rationale superior, appeal in writing to the aggrieved person or persons with a copy to Superintendent and such writing shall set forth specifically the school board. 5. Representatives basis of the aggrieved shall have the right to attend and participate in the meeting of the superintendent with the aggrieved person grievance. The Superintendent or persons relating to the grievance presented to the superintendent. 6. If the aggrieved person or persons are not satisfied with the disposition of the superintendent, he or she may file within three calendar days the grievance to the school board. 7. After receiving the written grievance, the school board his/her representative shall meet with the aggrieved person or persons employee and such representative within five (5) school days of the receipt by him/her of such appeal and shall give his/her decision in writing to the employee and the aggrieved representativesHEA within ten (10) school days of such a meeting. Step 3 Failing satisfactory settlement at Step 2, if any, at the next regular scheduled board meeting for employee may appeal to the purpose Board. Such appeal must be made within five (5) school days of resolving receipt of the decision of the Superintendent and must be in writing and set forth the basis of the grievance. The decision Personnel Committee of the school board Board shall be rendered hold a hearing and shall render a decision in writing to the employee within five thirty (30) school days after the receipt of the appeal. If the Board Personnel Committee fails to schedule a hearing within thirty (30) calendar days and shall of receipt of the appeal, the grievance may be finalsubmitted directly to arbitration at the option of the Association. 8. Parents have Step 4 a. Within ten (10) days after receipt of the right to contact the Department of Education if they are not satisfied with the School Boardcommittee’s decision, the Association may submit the grievance to arbitration by notifying the Superintendent of Schools and by filing a demand for arbitration under the voluntary Labor Arbitration Rules of the American Arbitration Association which shall then act as the administrator of proceedings. 9. Nothing contained in here shall deprive any student, teacher, principal, superintendent or school board of any legal right.

Appears in 1 contract

Sources: Collective Bargaining Agreement