Common use of Formal Proceedings Clause in Contracts

Formal Proceedings. Step 1: Within ten (10) days of a decision at the informal stage, the grievance must be filed in writing with the appropriate ▇▇▇▇. The grievance must cite the article(s) allegedly violated, misinterpreted, or misapplied, the date(s) of the events which are the subject of the grievance, the persons present at the events if applicable, the facts supporting the grievance, and the requested remedy. Within ten (10) days of receipt of that writing, the ▇▇▇▇ or designee shall meet with the grievant, and if requested by the grievant, representation from the Union, for the purpose of resolving the grievance. A person chosen by the ▇▇▇▇ or designee may also attend. Within five (5) days of the meeting, the ▇▇▇▇ or designee shall render a decision, subject to approval by the appropriate administrator, in writing with copies sent to the grievant(s) and the Union. Step 2: If the grievance is not resolved at Step 1 and the grievant wishes to pursue the matter, the grievant must submit the grievance in writing to the Chief Academic Officer or designee within ten (10) days after the receipt of the decision of the ▇▇▇▇. Within ten (10) days of the receipt of the grievance, the Chief Academic Officer or designee shall meet with the grievant and representation from the Union for the purpose of resolving the grievance. A person chosen by the Chief Academic Officer or designee may also attend. Within five (5) days of the meeting, the Chief Academic Officer or designee shall render a decision in writing, subject to approval by the appropriate administrator, with copies sent to the grievant(s) and the Union. Step 3: If the grievance is not resolved at Step 2, then within twenty (20) days of the date of the Step 2 decision, the Union alone may submit the grievance to binding arbitration. A request for a list of arbitrators will be made to the American Arbitration Association. A copy of the request or demand will simultaneously be served upon the College. The parties will then be bound by the rules and procedures of the American Arbitration Association in the selection of the arbitrator. The selected arbitrator will hear the matter promptly and will issue a decision not later than thirty (30) calendar days from the date of the close of the proceeding. The arbitrator's decision will be in writing and will set forth findings of fact, reasoning and conclusions on the issue(s). The arbitrator shall have no authority to alter, amend or modify this agreement, or to imply any obligation not expressly set forth herein and his/her decision shall be final and binding. No award shall be retroactive beyond 10 days from the date the grievance was filed. Where an arbitrator provides an award of back pay, the arbitrator shall consider whether that back pay award shall be reduced by the amount of any interim receipts of money. The arbitrator shall have no power or authority to make any decision which requires commission of an act prohibited by law, or which is violative of, or beyond the scope of, the terms of this Agreement. The decision of the arbitrator shall be final and binding upon all parties. The costs for the services of the arbitrator, including expenses if any, will be borne equally by the College and the Union.

Formal Proceedings. Step 1: 1 Within ten (10) days of a decision at the informal stage, the grievance must be filed in writing with the appropriate ▇▇▇▇. The grievance must cite the article(s) allegedly violated, misinterpreted, or misapplied, the date(s) of the events which are the subject of the grievance, the persons present at the events if applicable, the facts supporting the grievance, and the requested remedy. Within ten (10) days of receipt of that writing, the ▇▇▇▇ or designee shall meet with the grievant, and if requested by the grievant, representation from the Union, for the purpose of resolving the grievance. A person chosen by the ▇▇▇▇ or designee may also attend. Within five (5) days of the meeting, the ▇▇▇▇ or designee shall render a decision, subject to approval by the appropriate administrator, in writing with copies sent to the grievant(s) and the Union. Step 2: 2 If the grievance is not resolved at Step 1 and the grievant wishes to pursue the matter, the grievant must submit the grievance in writing to the Chief Academic Officer or designee within ten (10) days after the receipt of the decision of the ▇▇▇▇. Within ten (10) days of the receipt of the grievance, the Chief Academic Officer or designee shall meet with the grievant and representation from the Union for the purpose of resolving the grievance. A person chosen by the Chief Academic Officer or designee may also attend. Within five (5) days of the meeting, the Chief Academic Officer or designee shall render a decision in writing, subject to approval by the appropriate administrator, with copies sent to the grievant(s) and the Union. Step 3: 3 If the grievance is not resolved at Step 2, then within twenty (20) days of the date of the Step 2 decision, the Union alone may submit the grievance to binding arbitration. A request for a list of arbitrators will be made to the American Arbitration Association. A copy of the request or demand will simultaneously be served upon the College. The parties will then be bound by the rules and procedures of the American Arbitration Association in the selection of the arbitrator. The selected arbitrator will hear the matter promptly and will issue a decision not later than thirty (30) calendar days from the date of the close of the proceeding. The arbitrator's decision will be in writing and will set forth findings of fact, reasoning and conclusions on the issue(s). The arbitrator shall have no authority to alter, amend or modify this agreement, or to imply any obligation not expressly set forth herein and his/her decision shall be final and binding. No award shall be retroactive beyond 10 days from the date the grievance was filed. Where an arbitrator provides an award of back pay, the arbitrator shall consider whether that back pay award shall be reduced by the amount of any interim receipts of money. The arbitrator shall have no power or authority to make any decision which requires commission of an act prohibited by law, or which is violative of, or beyond the scope of, the terms of this Agreement. The decision of the arbitrator shall be final and binding upon all parties. The costs for the services of the arbitrator, including expenses if any, will be borne equally by the College and the Union.thirty