Formal. Step One: If for any reason the grievance is not resolved informally, the employee must, within five (5) workdays after receipt of the administrator's oral answer or twenty (20) workdays from the alleged violation, submit to the administrator a signed written statement of grievance on the official grievance form provided in the negotiated agreement. The statement of grievance shall name the employee involved, state the facts giving rise to the grievance, identify all the provisions of this Agreement alleged to have been violated by appropriate reference, state the contention of the employee with respect to these provisions, indicate the specific relief or remedy requested, and shall be dated and signed by the employee involved. The administrator shall give the employee an answer in writing no later than five (5) workdays after receipt of the written grievance, with a copy to the Superintendent and the Association. Step Two: Unless the parties agree to adopt the report of the administrator, it may be submitted to the Superintendent or their designee within five (5) workdays of the Step One report. The Superintendent, or their designee, and the aggrieved employee, and their representative(s) shall meet within a reasonable time, not to exceed five (5) workdays in an attempt to resolve the matter. The Superintendent shall communicate their decision, in writing, to the aggrieved employee and the Association within five (5) workdays after the hearing. Step Three: Within ten (10) days after receiving the decision of the Superintendent, an appeal from the decision may be made to the Board. It shall be in writing and accompanied by a copy of the decision at Step Two. No later than twenty (20) workdays after receiving the appeal, the Board shall hold a hearing (or may exercise the option of going directly to arbitration in Step Four within 15 days after receiving appeal) on the grievance at a regular or special meeting. All those listed in Step One shall have a right to participate in this step. Within ten (10) workdays after the hearing, the Board shall communicate its decision in writing, and state its reasons to the Association and the aggrieved employee. Step Four: If the grievance is not resolved satisfactorily to the Association after consideration by the Superintendent in Step Two, or the Board in Step Three, the grievance may be submitted solely by the Association or the Board to arbitration if a request is made for arbitration within ten (10) workdays.
Appears in 5 contracts
Sources: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
Formal. a. Step One: If for any reason 1 - In the grievance event the complaint is not resolved informally, the employee must, and/or Union must reduce the matter to writing and file it with the Director of Maintenance who shall initial and date the grievance form. The Director will provide the Union a written response within five (5) workdays after working days of the receipt of the administrator's oral answer or twenty (20) workdays from the alleged violation, submit to the administrator a signed written statement of grievance on the official grievance form provided in the negotiated agreementgrievance. The statement of grievance shall name the employee involved, Grievance must state the facts giving rise to Article, Policy and/or Rule allegedly violated, the grievanceissue, identify all the provisions of this Agreement alleged to have been violated by appropriate reference, state the contention of the employee with respect to these provisions, indicate the specific relief or remedy requestedpertinent facts, and shall the desired remedy.
b. Step 2 – Unresolved grievances from Step 1 above must be dated and signed filed by the employee involved. The administrator shall give Union with the employee an answer in writing no later than Human Resources Department within five (5) workdays after working days of the receipt of the Administration’s written grievance, with response in the first step. The Human Resources Department shall establish a copy to meeting within the Superintendent and Union within five (5) working days from the Association. Step Two: Unless the parties agree to adopt the report receipt of the administrator, it Union’s filing. Either party at this step may use one (1) resource person if necessary. The Human Resources Department will provide the Union a written response within five (5) working days from the date of the meeting with the Union.
c. Step 3 - Unresolved grievances from Step 2 above must be submitted to filed by the Union with the Assistant Superintendent for Human Resources or their designee within five (5) workdays working days of the Step One reportreceipt of second step response. The Superintendent, Assistant Superintendent for Human Resources or their designee, and designee shall establish a meeting within the aggrieved employee, and their representative(s) shall meet within a reasonable time, not to exceed five (5) workdays in an attempt to resolve the matter. The Superintendent shall communicate their decision, in writing, to the aggrieved employee and the Association Union within five (5) workdays after working days from the hearing. Step Three: Within ten (10) days after receiving the decision receipt of the Superintendent, an appeal from Union’s filing. The Assistant Superintendent for Human Resources will provide the decision may be made to the Board. It shall be in writing and accompanied by Union a copy of the decision at Step Two. No later than twenty (20) workdays after receiving the appeal, the Board shall hold a hearing (or may exercise the option of going directly to arbitration in Step Four within 15 days after receiving appeal) on the grievance at a regular or special meeting. All those listed in Step One shall have a right to participate in this step. Within ten (10) workdays after the hearing, the Board shall communicate its decision in writing, and state its reasons to the Association and the aggrieved employee. Step Four: If the grievance is not resolved satisfactorily to the Association after consideration by the Superintendent in Step Two, or the Board in Step Three, the grievance may be submitted solely by the Association or the Board to arbitration if a request is made for arbitration written response within ten (10) workdaysworking days from the date of the meeting with the Union.
d. Step 4 – The Union may, within thirty (30) working days after receipt of the written reply of the Assistant Superintendent for Human Resources request arbitration by written notice to the Employer. The arbitration proceedings shall be conducted by an arbitrator to be selected by the Employer and the Union within thirty (30) days after written notice has been given to the Employer. If the parties fail to agree as to the arbitrator, and arbitrator will be selected by the American Arbitration Association. The decision of the arbitrator shall be final and binding on the parties, and the arbitrator shall be requested to issue his/her decision within thirty (30) days after the conclusion of the testimony and argument. The arbitrator shall have no power or authority to add to, subtract from, alter or modify the terms of this Contract. Expenses shall be borne equally by the Employer and the Union. Each party shall be responsible for compensating its own witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record and makes copies available, at no cost, to the other party. Neither party shall be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not disclosed to the other side by Step 3.
Appears in 3 contracts
Sources: Skilled Trades Agreement, Skilled Trades Agreement, Skilled Trades Agreement
Formal. a. Step One1: If for any reason the grievance issue is not resolved informally, the employee mustgrievant shall file a written grievance with the appropriate Administrator within ten (10) days following the conclusion of the informal grievance process which is the basis of the grievance. The grievance shall be filed on a grievance form, which shall set forth:
i. clear and concise summary of the facts upon which the grievance is based,
ii. references to the specific provisions of the bargaining agreement, which was violated, misinterpreted, or misapplied
1. the relief demanded,
2. the date of the occurrence upon which the grievance is based, and
3. the date the grievance is filed. If said grievance is not timely filed, the grievance shall be deemed void and no longer to exist. Upon written request of the grievant or the appropriate administrator, a grievance hearing shall be held within seven (7) days of the request. A written decision shall be rendered by the appropriate administrator within seven (7) days from the conclusion of any grievance hearing which may be conducted or, if no hearing is conducted, within five seven (57) workdays after receipt of the administrator's oral answer or twenty (20) workdays days from the alleged violation, submit to the administrator a signed written statement of grievance on the official grievance form provided in the negotiated agreement. The statement of grievance shall name the employee involved, state the facts giving rise to the grievance, identify all the provisions of this Agreement alleged to have been violated by appropriate reference, state the contention of the employee with respect to these provisions, indicate the specific relief or remedy requested, and shall be dated and signed by the employee involved. The administrator shall give the employee an answer in writing no later than five (5) workdays after receipt of the written grievance, with . Failure to timely render a copy to the Superintendent and the Association. Step Two: Unless the parties agree to adopt the report of the administrator, it may be submitted to the Superintendent or their designee within five (5) workdays of the Step One report. The Superintendent, or their designee, and the aggrieved employee, and their representative(s) decision shall meet within a reasonable time, not to exceed five (5) workdays in an attempt to resolve the matter. The Superintendent shall communicate their decision, in writing, to the aggrieved employee and the Association within five (5) workdays after the hearing. Step Three: Within ten (10) days after receiving the decision of the Superintendent, an appeal from the decision may be made to the Board. It shall be in writing and accompanied by a copy of the decision at Step Two. No later than twenty (20) workdays after receiving the appeal, the Board shall hold a hearing (or may exercise the option of going directly to arbitration in Step Four within 15 days after receiving appeal) on advance the grievance at a regular or special meeting. All those listed in to Step One shall have a right to participate in 2 of this step. Within ten (10) workdays after the hearing, the Board shall communicate its decision in writing, and state its reasons to the Association and the aggrieved employee. procedure.
b. Step Four2: If the grievance is not resolved satisfactorily at Step 1, the grievant may appeal to the Association after consideration Vice President for Academic Affairs or appropriate designated administrator, within seven (7) days from the date of the decision rendered at Step 1. An exact copy of the grievance form filed at Step 1 and a copy of the Step 1 decision shall be filed with the appropriate above designated administrator. Failure to timely file an appeal shall be deemed as an acceptance of the decision rendered at Step 1. Upon written request of the grievant or the appropriate above designated administrator or of either the latter's designee, a grievance hearing shall be held within seven (7) days of the request. A written decision shall be rendered by the Superintendent in appropriate above designated administrator, or his/her designee, within seven (7) days from the conclusion of any grievance hearing which may be conducted or, if no hearing is conducted, within seven (7) days from receipt of the appeal. A copy of the decision shall be sent to the grievant, the President of UF/COTC, and the appropriate administrator. Failure to timely render a decision shall advance the grievance to Step Two3.
c. Step 3: If the grievance is not resolved at Step 2, the grievant may appeal to the President of the College within seven (7) days from the date of the decision rendered at Step 2. An exact copy of the grievance form filed at Step 1, and all previous decisions, shall be filed with the President of the College. Failure to timely file an appeal shall be deemed as an acceptance of the decision rendered at Step 2. Upon written request of the grievant or the President of the College or his/her designee, a grievance hearing shall be held within seven (7) days of the request. A written decision shall be rendered by the appropriate above designated administrator, or his/her designee, within seven (7) days from the conclusion of any grievance hearing which may be conducted or, if no hearing is conducted, within seven (7) days from receipt of the appeal. A copy of the decision shall be sent to the grievant, the President of UF/COTC, Vice President for Academic Affairs, or the Board in Step Threeappropriate senior administrator, as the case may be, and the appropriate administrator. Failure to timely render a decision shall advance the grievance may be submitted solely by the Association or the Board to arbitration if as provided herein.
d. Each step of the grievance process shall be heard by a request is made for arbitration within ten (10) workdaysdifferent administrator on behalf of the College.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Formal. Step Onea. Level I: An aggrieved employee shall first file the grievance in writing with his/her principal or immediate supervisor. (See grievance forms on Aberdeen School District website) The principal or supervisor shall arrange a meeting with the aggrieved employee and his/her representative(s), if any, to take place within five (5) school days after the grievance has been filed. Within five (5) school days after the meeting, the principal shall render a decision in writing to the aggrieved party and to his/her representative(s), if any.
b. Level II: If for any reason the aggrieved employee is not satisfied with the disposition of his/her grievance at Level I or if no written decision has been rendered within five (5) school days after the meeting at which the grievance is not resolved informallyheard, he/she may file the grievance in writing with the Superintendent within seven (7) days after the decision at Level I or twelve (12) days after the grievance was presented at Level I, whichever is sooner. The Superintendent shall arrange a meeting with the aggrieved employee mustand his/her representative(s), if any, within five (5) workdays after receipt of the administrator's oral answer or twenty (20) workdays from the alleged violation, submit to the administrator a signed written statement of grievance on the official grievance form provided in the negotiated agreement. The statement of grievance shall name the employee involved, state the facts giving rise to the grievance, identify all the provisions of this Agreement alleged to have been violated by appropriate reference, state the contention of the employee with respect to these provisions, indicate the specific relief or remedy requested, days and shall be dated and signed by the employee involved. The administrator shall give the employee an answer in writing no later than five (5) workdays after receipt of the written grievance, with a copy to the Superintendent and the Association. Step Two: Unless the parties agree to adopt the report of the administrator, it may be submitted to the Superintendent or their designee within five (5) workdays of days after said meeting the Step One report. The Superintendent, or their designee, and the aggrieved employee, and their representative(s) shall meet within a reasonable time, not to exceed five (5) workdays in an attempt to resolve the matter. The Superintendent shall communicate their decision, render his/her decision in writing, writing to the aggrieved party and to the representative(s), if any.
c. Level III: If the aggrieved employee is not satisfied with the disposition of the grievance at Level II or if no written decision has been rendered within five (50 school days after the hearing on the grievance at Level II, the grievance may be filed in writing with the Board within seven (7) days after the decision at Level II or twelve (12) days after the grievance at Level II was presented, whichever is sooner. The Board shall hold a hearing except that when multiple grievances are pending before the Board, a hearing panel consisting of not less than three (3) Board members may be appointed by the Board to conduct the grievance immediately following the Board’s next regular meeting unless the date is changed by mutual consent of the Board and the Association grievant. When multiple grievances are pending, the Board may, in its discretion, extend the time for a hearing to a time that is more convenient under all the circumstances then existing. The Board may designate a member of the administration to present the administration’s viewpoint of the grievance at the hearing. When a hearing panel has been appointed, the panel shall make a written recommendation of the disposition of the grievance to the Board within five (5) workdays days after the grievance hearing. Step Three: Within ten The decision of the Board shall be rendered in writing within five (105) days after receiving the decision receipt of the Superintendent, an appeal from hearing panel’s recommendation or within five (5) days after the decision may be made to hearing when it is conducted by the Board. It shall be in writing and accompanied by a copy of the decision at Step Two. No later than twenty (20) workdays after receiving the appeal, the Board shall hold a hearing (or may exercise the option of going directly to arbitration in Step Four within 15 days after receiving appeal) on the grievance at a regular or special meeting. All those listed in Step One shall have a right to participate in this step. Within ten (10) workdays after the hearing, the Board shall communicate its decision in writing, and state its reasons to the Association and the aggrieved employee. Step Four: If the grievance is not resolved satisfactorily to the Association after consideration by the Superintendent in Step Two, or the Board in Step Three, the grievance may be submitted solely by the Association or the Board to arbitration if a request is made for arbitration within ten (10) workdays.
Appears in 2 contracts
Sources: Administrator Negotiated Agreement, Administrator Negotiated Agreement
Formal. 1. If after proceeding through Step One: If for any reason the grievance is not resolved informallyA, the employee mustalleged violation still has not been resolved, the grievant(s) should file a written report of the violation with the supervisor within five (5) workdays after receipt days of the administrator's oral answer or twenty (20) workdays from the alleged violation, submit informal meeting as described in Step A. The written statement submitted to the administrator a supervisor and signed written statement of grievance on by the official grievance form provided in the negotiated agreement. The statement of grievance shall grievant will name the employee or employees involved, state the facts giving rise to the grievance, shall identify all the provisions of this Agreement agreement alleged to have been be violated by appropriate reference, shall state the contention of the employee with respect to these provisions, indicate the specific relief or remedy requestedthis agreement, and shall be dated and signed by include the employee involvedrelief requested. The administrator shall give supervisor must answer the employee an answer grievance in writing no later than within a period not to exceed five (5) workdays days after receipt receiving the grievance.
2. If the grievance is not resolved in Step B-1, then the grievant(s) should submit a copy of the his written grievance, with a copy as presented to the Superintendent supervisor and the Association. Step Two: Unless the parties agree to adopt the report of the administrator, it may be submitted answer he received to the Superintendent superintendent or their his designee for further review within five (5) workdays days after receiving the supervisor’s response. The superintendent or his designee shall send a written report of his decision to the complainant within the next five (5) days. If further investigation is needed, additional time may be allowed by mutual agreement of the superintendent or his designee and the grievant.
3. If the grievance is not resolved in Step One reportB-2, a request may be made by the grievant to forward all written reports and responses to the President of the Board of School Trustees and at the same time request a hearing with the Board and the grievant. This request must be made within five (5) days after receiving the reply in Step B-2. The Superintendent, or their designee, and the aggrieved employee, and their representative(s) Board of School Trustees shall meet within a reasonable time, not to exceed five (5) workdays in an attempt to resolve the matter10 days. The Superintendent response of the Board of School Trustees shall communicate their decision, in writing, be submitted to the aggrieved employee and the Association grievant within five (5) workdays days after the hearing. Step Three: Within ten (10) days after receiving the decision The determination of the Superintendent, an appeal from the decision may be made to the Board. It Board of School Trustees shall be in writing and accompanied by a copy of the decision at Step Two. No later than twenty (20) workdays after receiving the appeal, the Board shall hold a hearing (or may exercise the option of going directly to arbitration in Step Four within 15 days after receiving appeal) on the grievance at a regular or special meeting. All those listed in Step One shall have a right to participate in this step. Within ten (10) workdays after the hearing, the Board shall communicate its decision in writing, and state its reasons to the Association and the aggrieved employee. Step Four: If the grievance is not resolved satisfactorily to the Association after consideration by the Superintendent in Step Two, or the Board in Step Three, the grievance may be submitted solely by the Association or the Board to arbitration if a request is made for arbitration within ten (10) workdaysfinal.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Formal. Step One: If for any reason the discussion (informal) does not resolve the grievance to the satisfaction of the member, such member shall have the right to lodge a written grievance with such member's building principal within five (5) days of the conclusion of the informal discussion(s). The written grievance shall be on a standard form supplied by the Board or the Association and shall contain a concise statement of the facts upon which the grievance is not resolved informallybased and a reference to the specific provision of the contract allegedly violated, misinterpreted, or misapplied. A copy of such grievance shall be filed with the Superintendent and the President of the Association. The member shall have a right to request a hearing before the building principal. Such a hearing shall be conducted within five (5) days after receipt of such request. The aggrieved member shall be advised in writing of the time, place, and date of such hearing and shall have the right to be represented at such hearing by counsel or by a representative of his/her employee mustorganization. The building principal shall take action on the written grievance within five (5) days after the receipt of said grievance, or, if a hearing is requested, within five (5) workdays days after receipt the conclusion of said hearing. The action taken and the reasons for the action shall be reduced to writing and copies sent to the member, the Superintendent, and the President of the administrator's oral answer or twenty (20) workdays from Association. Step Two: If the alleged violation, submit action taken by the building principal does not resolve the grievance to the administrator a signed written statement satisfaction of grievance on the official grievance form provided member, such member may appeal in the negotiated agreement. The statement of grievance shall name the employee involved, state the facts giving rise writing to the grievance, identify all the provisions of this Agreement alleged Superintendent. Failure to have been violated by appropriate reference, state the contention of the employee with respect to these provisions, indicate the specific relief or remedy requested, and shall be dated and signed by the employee involved. The administrator shall give the employee an answer in writing no later than file such appeal within five (5) workdays days from receipt of the written memorandum of the principal's action on said grievance shall be deemed an acceptance of the principal's action. Upon request, a hearing shall be conducted by the Superintendent within five (5) days after the receipt of the request. The aggrieved member shall have the right to be represented at such hearing by counsel or by a representative of his/her member organization. The Superintendent shall take action on the written grievance within five (5) days after the receipt of said grievance, or, if a hearing is requested, within five (5) days after the conclusion of said hearing. The action taken and the reasons for the action shall be reduced to writing and copies sent to the member, the building principal, and the President of the Association. Step Three -- School Board: In the event the aggrieved member is not satisfied with the disposition of his/her grievance at Step Two, or in the event no decision has been rendered within five (5) days following the hearing with the Superintendent or his/her designee, he/she may file the grievance in writing with the President of the Association within three (3) days after the decision or lack of decision by the Superintendent or his/her designated representative. Within three (3) days after receipt of the written grievance, with a copy the President of the Association shall refer it to the Superintendent and the Association. Step Two: Unless the parties agree to adopt the report Treasurer of the administrator, it may be submitted to the Superintendent or their designee within five (5) workdays of the Step One reportBoard. The Superintendent, or their designee, and the aggrieved employee, and their representative(s) shall meet within a reasonable time, not to exceed five (5) workdays in an attempt to resolve the matter. The Superintendent shall communicate their decision, in writing, to the aggrieved employee and the Association within five (5) workdays after the hearing. Step Three: Within ten (10) days after receiving the decision receipt of the Superintendent, an appeal from the decision may be made to the Board. It shall be in writing and accompanied by a copy of the decision at Step Two. No later than twenty (20) workdays after receiving the appealwritten grievance, the Board shall hold either (1) meet with the aggrieved member with the objective of solving the grievance or (2) appoint a third party to hear the grievance on behalf of the Board. If a third party is to be utilized, such appointed individual shall not be an employee of the Board, shall have reasonable expertise in the processing of grievances and contract interpretation, shall follow the timelines as set forth in this section, and shall make recommendations to the Board that would be intended to resolve the grievance situation. The cost of such third party would be paid by the Board. The hearing shall be held in executive session at the request of either party. The Board will render its decision and reasons therefore in writing five (or may exercise 5) days following the option hearing. The action taken shall be sent to the member, the Superintendent, and the President of going directly to arbitration in the Association. Step Four within 15 days after receiving appeal) on the grievance at a regular or special meeting. All those listed in Step One shall have a right to participate in this step. Within ten (10) workdays after the hearing, the Board shall communicate its decision in writing, and state its reasons to the Association and the aggrieved employee. Step Four-- Arbitration: If the grievance grievant is not resolved satisfactorily to satisfied with the Association after consideration disposition of the grievance by the Superintendent in Step Two, or the Board in at Step Three, the grievant may request a hearing before an arbitrator by completing Grievance Report form, Step Four. The grievant's request for arbitration shall be made within five (5) days following the receipt of the disposition of the grievance may in Step Three. The grievant's request for arbitration shall be submitted solely by certified mail, with return receipt requested, to the Treasurer of the Board. Within five (5) days following receipt of the grievant's request for arbitration by the Association or Treasurer, the Board or its designated representative and the grievant or his/her representative shall mutually petition the Federal Mediation and Conciliation Service (FMCS) to arbitration provide an arbitrator in accordance with the rules and regulations of the Federal Mediation and Conciliation Service (FMCS). The arbitrator shall limit his/her decision to the application cited in the grievance. The arbitrator will render a decision as soon as possible after the hearing and such decision will be binding on the parties. The cost of the arbitrator and costs related to obtaining adequate facilities for the hearing, i.e., room rental and other equipment necessary for the holding of the hearing, shall be shared equally by grievant and the Board. Costs of transcripts of the hearing (if a request any) shall be paid by the requesting party or shared equally by the parties when such transcript is made for arbitration within ten (10) workdaysto be available to both the grievant and the Board.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Formal. Step One: If for any reason a) Formal grievances not involving adverse actions, initially filed at the Informal stage and not adjusted to the satisfaction of the Employee(s) may, within ten (10) working days of the receipt of the written decision, be filed with the Office of the Deputy Administrator, Livestock, Poultry, and Seed (LPS) Program or designee. The Employee(s) will submit the original grievance, in writing, with copies of all previous documents.
b) Formal grievances involving adverse actions may be grieved, in writing, directly to the Office of the Deputy Administrator, LPS program, within 20 working days of the occurrence of the action on which the grievance is based.
c) The office of the Deputy Administrator, LPS Program or designee, will issue a written decision attempting to resolve the grievance within 20 working days of its receipt. A copy of the written decision shall be provided to the President of the National Council. Step 4: Arbitration
a) If the decision does not resolved informallyresolve the grievance to the satisfaction of the grievant, or if the decision is not issued within the stated time, the employee mustUnion may invoke arbitration under the following conditions and stipulations:
1) The costs of the arbitrator and expenses shall be shared equally by the Employer and the Union. Related charges for services not required by the arbitrator shall be shared equally, except neither Party shall be required to pay for such services if they do not wish to receive such services.
2) The venue of the arbitration will be determined by the Employer. The Union is entitled to the same number of representatives as the Employer. Travel time and expenses for Bargaining Unit Employees shall be paid in accordance with Article 4.5 b Travel Time and Expenses.
b) The arbitrator’s decision will be binding. However, either Party may file an exception to the arbitrator award with the Federal Labor Relations Authority under its regulations.
c) To invoke arbitration, the Union shall serve written notice of such intent with the QAD Director or designee within 15 working days of the written decision of the Office of the Deputy Administrator, LPS Program.
1) If arbitration is invoked, the QAD Director or designee shall within five (5) workdays after receipt of the administrator's oral answer or twenty (20) workdays working days from the alleged violationrequest for arbitration, submit request the Federal Mediation and Conciliation Service (FMCS) to furnish the administrator Parties a signed written statement list of grievance on the official grievance form provided in the negotiated agreement. seven (7) impartial persons qualified to act as arbitrators.
2) The statement of grievance shall name the employee involved, state the facts giving rise to the grievance, identify all the provisions of this Agreement alleged to have been violated by appropriate reference, state the contention of the employee with respect to these provisions, indicate the specific relief or remedy requested, and shall be dated and signed by the employee involved. The administrator shall give the employee an answer in writing no later than five (5) workdays after receipt of the written grievance, with a copy to the Superintendent Employer and the Association. Step Two: Unless the parties agree to adopt the report of the administrator, it may be submitted to the Superintendent Union representative shall meet or their designee confer by telephone within five (5) workdays working days after receipt of the Step One reportlist. To reach agreement upon one of the listed arbitrators, they will each strike one name from the list and shall repeat the procedure. The Superintendentremaining individual shall be the duly selected arbitrator.
d) The following method will be used to determine the order in which the Parties will strike names from the list of arbitrators:
1) If the date of the transmittal from FMCS is an odd number (e.g., or their designeeMay 17), then the Union will strike first, third and fifth and the aggrieved employeeEmployer will strike second, fourth and their representative(ssixth.
2) shall meet within a reasonable time, not to exceed five (5) workdays in an attempt to resolve If the matter. The Superintendent shall communicate their decision, in writing, to the aggrieved employee and the Association within five (5) workdays after the hearing. Step Three: Within ten (10) days after receiving the decision date of the Superintendenttransmittal from FMCS is even (e.g., an appeal from May 18), then the decision may be made to Employer will strike first, third and fifth the Board. It shall be in writing Union will strike second, fourth and accompanied by a copy of the decision at Step Two. No later than twenty (20sixth.
3) workdays after receiving the appeal, the Board shall hold a hearing (or may exercise the option of going directly to arbitration in Step Four within 15 days after receiving appeal) on the grievance at a regular or special meeting. All those listed in Step One shall have a right If for any reason either Party refuses to participate in this step. Within ten (10the selection of an arbitrator, the remaining Party may choose an arbitrator from the above mentioned list.
e) workdays The arbitrator will be requested to render a decision as quickly as possible but, in any event, not later than 30 calendar days after the hearing, conclusion of the Board shall communicate its decision in writing, and state its reasons hearing unless the Parties mutually agree to extend the time limits.
f) Questions of grievability/arbitrability will be submitted to the Association and arbitrator for decisions prior to addressing the aggrieved employeemerits of the original grievance. Step Four: If the Any grievance is not resolved satisfactorily filed where a question of grievability/arbitrability exists shall be amended to the Association after consideration by the Superintendent in Step Two, or the Board in Step Three, the grievance may be submitted solely by the Association or the Board to arbitration if a request is made for arbitration within ten (10) workdaysinclude that question.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Formal. Step One: If for any reason the grievance Occasional Teacher is not resolved informallysatisfied with the decision regarding the complaint then the Occasional Teacher may within ten days take the matter up as a grievance in the following manner and sequence: The Occasional Teacher may initiate a written grievance through the Local with the Superintendent of Human Resources, Teaching Staff Services. The Superintendent of Human Resources, Teaching Staff Services may convene a meeting with the employee must, grieving Occasional Teacher and Local representatives and such others as required within five (5) workdays after ten working days of receipt of the administrator's oral answer or twenty (20) workdays from the alleged violation, submit to the administrator a signed written statement of grievance on the official grievance form provided in the negotiated agreementgrievance. The statement of grievance shall name the employee involved, state the facts giving rise to the grievance, identify all the provisions of this Agreement alleged to have been violated by appropriate reference, state the contention of the employee with respect to these provisions, indicate the specific relief or remedy requested, and shall be dated and signed by the employee involved. The administrator shall give the employee an answer in writing no later than five (5) workdays after receipt of the written grievance, with a copy to the Superintendent and the Association. Step Two: Unless the parties agree to adopt the report of the administrator, it may be submitted to the Superintendent or their designee within five (5) workdays of the Step One report. The Superintendent, or their designee, and the aggrieved employee, and their representative(s) shall meet within a reasonable time, not to exceed five (5) workdays in an attempt to resolve the matter. The Superintendent shall communicate their decision, in writing, to the aggrieved employee Occasional Teacher and the Association Local, shall be rendered within five (5) workdays after days following the hearingmeeting. The grievance shall contain: a description of how the alleged dispute is in violation of the Agreement; a statement of the facts to support such grievance including the specific violated; the remedy sought; and the signature of the Occasional Teacher or Occasional Teachers concerned, and the President of the Local. Notwithstanding the above and where the Local and Board agree that it is appropriate, a grievance may proceed directly to Step Three: Within ten or Step If the reply of the Superintendent of Human Resources, Teaching Staff Services or designate is not acceptable to the Local, a written request will be made within five (105) days after receiving the decision of the Superintendent, an appeal from the decision may be made to the Board's Grievance Committee through the Director of Human Resources, Negotiations Support Staff Services. It The Board's Grievance Committee shall meet within twelve (12) days to deal with the grievance. The Occasional Teacher, representatives of the Local and such other persons as may be required, may be in writing and accompanied by a copy of the decision at Step Twoattendance. No later than twenty (20) workdays after receiving the appealThe decision, the Board shall hold a hearing (or may exercise the option of going directly to arbitration in Step Four within 15 days after receiving appeal) on the grievance at a regular or special meeting. All those listed in Step One shall have a right to participate in this step. Within ten (10) workdays after the hearing, the Board shall communicate its decision in writing, and state its reasons to the Association Occasional Teacher and Local shall be rendered within five (5) days following the aggrieved employeemeeting. The will attend the Step Four: grievance meeting. If the grievance reply of the Board's Grievance Committee is not resolved satisfactorily to the Association after consideration by the Superintendent in Step Two, or the Board in Step Threeunacceptable, the grievance Local may be submitted solely by then apply for Arbitration within fifteen (15) days of the Association or receipt of the Board to arbitration if a request is made for arbitration within ten (10) workdaysreply.
Appears in 1 contract
Formal. Step One: If for any reason the grievance is not resolved informally, the employee must, within five (5) workdays after receipt of the administrator's oral answer or twenty (20) workdays from the alleged violation, submit to the administrator a signed written statement of grievance on the official grievance form provided in the negotiated agreement. The statement of grievance shall name the employee involved, state the facts giving rise to the grievance, identify all the provisions of this Agreement alleged to have been violated by appropriate reference, state the contention of the employee with respect to these provisions, indicate the specific relief or remedy requested, and shall be dated and signed by the employee involved. The administrator shall give the employee an answer in writing no later than five (5) workdays after receipt of the written grievance, with a copy to the Superintendent and the Association. Step Two: Unless the parties agree to adopt the report of the administrator, it may be submitted to the Superintendent or their designee within five (5) workdays of the Step One report. The Superintendent, or their designee, and the aggrieved employee, and their representative(s) shall meet within a reasonable time, not to exceed five (5) workdays in an attempt to resolve the matter. The Superintendent shall communicate their decision, in writing, to the aggrieved employee and the Association within five (5) workdays after the hearing. Step Three: Within ten (10) days after receiving the decision of the Superintendent, an appeal from the decision may be made to the Board. It shall be in writing and accompanied by a copy of the decision at Step Two. No later than twenty (20) workdays after receiving the appeal, the Board shall hold a hearing (or may exercise the option of going directly to arbitration in Step Four within 15 days after receiving appeal) on the grievance at a regular or special meeting. All those listed in Step One shall have a right to participate in this step. Within ten (10) workdays after the hearing, the Board shall communicate its decision in writing, and state its reasons to the Association and the aggrieved employee. Step Four: If the grievance is not resolved satisfactorily to the Association after consideration by the Superintendent in Step Two, or the Board in Step Three, the grievance may be submitted solely by the Association or the Board to arbitration if a request is made for arbitration within ten (10) workdays. Arbitration A request for an arbitrator will be made to the American Arbitration Association within ten (10) workdays. The parties shall select an arbitrator from A.A.A. in accordance with its rules, and whose rules shall likewise govern the arbitration proceedings.
1. The fees of the arbitrator shall be borne equally by both parties hereto. All other expenses of arbitration, such as cost of transcripts, etc., shall be borne by the requesting party. Employees subpoenaed by the arbitrator will receive no loss of pay for the time required as witnesses.
2. When grievance meetings and arbitration proceedings are held during employee work hours, up to ten (10) grievant(s), witness (es) and Association representative(s) whose presence is required shall be excused with pay from their normal duties. If the Association indicates that more than ten (10) witnesses are needed, every effort will be made to schedule the meeting beyond the employee workday.
3. The arbitrator shall have no power to alter, add to, subtract from, disregard or modify any of the terms of the Agreement.
Appears in 1 contract
Sources: Negotiated Agreement
Formal. Step One: If If, for any reason reason, the grievance is not resolved informally, the employee must, within five (5) workdays after receipt of the administrator's oral answer or twenty (20) workdays from the alleged violation, submit to the administrator a signed written statement of grievance on the official grievance form provided in the negotiated agreement. The statement of grievance shall name the employee involved, state the facts giving rise to the grievance, identify all the provisions of this Agreement alleged to have been violated by appropriate reference, state the contention of the ofthe employee with respect to these provisions, indicate the specific relief or remedy requested, and shall be dated and signed by the employee involved. The administrator shall give the employee an answer in writing no later than five (5) workdays after receipt of the written grievance, with a copy to the Superintendent and the Association. Step Two: Unless the parties agree to adopt the report of the administrator, it may be submitted to the Superintendent or their designee within five (5) workdays of the Step One report. The Superintendent, or their designee, and the aggrieved employee, and their representative(s) shall meet within a reasonable time, not to exceed five (5) workdays workdays, in an attempt to resolve the matter. The Superintendent shall communicate their decision, in writing, to the aggrieved employee and the Association within five (5) workdays after the hearing. Step Three: Within ten (10) days after receiving the decision of the Superintendent, an appeal from the decision may be made to the Board. It shall be in writing and accompanied by a copy of the decision at Step Two. No later than twenty (20) workdays after receiving the appeal, the Board shall hold a hearing (or may exercise the option of going directly to arbitration in Step Four within 15 days after receiving appeal) on the grievance at a regular or special meeting. All those listed in Step One shall have a right to participate in this step. Within ten (10) workdays after the hearing, the Board shall communicate its decision in writing, and state its reasons to the Association and the aggrieved employee. Step Four: If the grievance is not resolved satisfactorily to the Association after consideration by the Superintendent in Step Two, or the Board in Step Three, the grievance may be submitted solely by the Association or the Board to arbitration if a request is made for arbitration within ten (10) workdays.:
Appears in 1 contract
Sources: Grievance Procedure
Formal. Step One1: The teacher or the Association may present the grievance in writing to the supervisor immediately involved who will arrange for a meeting to take place within six (6) days after receipt of the grievance. The filing of the formal written grievance at this step must be within twenty (20) days from the date of the occurrence giving rise to the grievance or from the date when the grievant might reasonably have become aware of such occurrence, provided that, at the teacher’s written request to the immediate supervisor, the filing of the formal grievance shall be extended an additional fifteen (15) days. The supervisor shall provide a written answer to the grievance to the aggrieved teacher and the Association within seven (7) days after the meeting. The answer shall include the reasons for the decision.
Step 2: If for any reason the grievance arises from a decision at the Superintendent’s level, or if the grievance is not resolved informallyat Step 1, then the employee must, Association may refer the grievance to the Superintendent or official designee within five six (56) workdays days after receipt of the administrator's oral answer Step 1 answer, or twenty within thirteen (2013) workdays from the alleged violation, submit to the administrator a signed written statement of grievance on the official grievance form provided in the negotiated agreement. The statement of grievance shall name the employee involved, state the facts giving rise to the grievance, identify all the provisions of this Agreement alleged to have been violated by appropriate reference, state the contention of the employee with respect to these provisions, indicate the specific relief or remedy requested, and shall be dated and signed by the employee involved. The administrator shall give the employee an answer in writing no later than five (5) workdays days after receipt of the written grievance, with a copy to the Superintendent and the Association. Step Two: Unless the parties agree to adopt the report of the administrator, it may be submitted to the Superintendent or their designee within five (5) workdays of the Step One report. The Superintendent1 meeting, or their designee, and the aggrieved employee, and their representative(s) shall meet within a reasonable time, not to exceed five (5) workdays in an attempt to resolve the matterwhichever is later. The Superintendent or official designee shall communicate their decision, in writing, to arrange for a meeting with the aggrieved employee representative(s) of the Association’s Grievance Committee and the Association grievant to take place within five (5) workdays after the hearing. Step Three: Within ten (10) days after receiving of his/her receipt of the decision appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary to develop facts pertinent to the grievance. Upon conclusion of the hearing, the Superintendent or official designee shall have ten (10) days in which to provide a written decision, with reasons, to the Association and to the grievant.
Step 3: If the Association is not satisfied with the disposition of the grievance at Step 2, or the time limits expire without the issuance of the Superintendent, an appeal from the decision may be made to ’s or the Board's written reply, the Association will have six (6) days in order to invoke a meeting with the Board of Education. It shall The meeting will be in writing and accompanied by a copy held within thirty (30) days of invocation. Upon the conclusion of the decision at Step Two. No later than twenty (20) workdays after receiving the appealmeeting, the Board shall hold a hearing (or may exercise the option of going directly to arbitration in Step Four within 15 days after receiving appeal) on the grievance at a regular or special meeting. All those listed in Step One shall have a right to participate in this step. Within ten (10) workdays after the hearingdays in which to provide a written decision, the Board shall communicate its decision in writingwith reasons, and state its reasons to the Association and the aggrieved employee. grievant.
Step Four4: If the grievance Association is not resolved satisfactorily to satisfied with the Association after consideration by disposition of the Superintendent in grievance at Step Two3, or the time limits expire without the issuance of the Board in Step Threeof Education’s written reply, the Association shall have a maximum of thirty (30) days to submit the grievance to arbitration. The arbitrator shall be selected from panel(s) of names secured from the American Arbitration Association and the proceedings shall be conducted pursuant to its practices.
1. The arbitrator so selected shall hold a hearing on the grievance in dispute as promptly as the same may be submitted solely arranged and shall render his/her opinion and award within thirty (30) days after the last hearing date shall be closed, provided such deadlines may be extended by agreement of the parties.
2. The arbitrator's opinion and award shall be final and binding on the Association and the Board.
3. The arbitrator shall have no power to add to, subtract from, or alter the Board terms of this Agreement or rule upon any grievance not in violation of the specific terms and conditions of this Agreement. The arbitrator shall have no authority to render an opinion inconsistent with state or federal law.
4. The arbitrator shall have the power to make the grievant whole, within the limits of his/her lawful authority.
5. Each party shall bear the full cost for its representation in the arbitration. The cost of arbitration if shall be divided equally between the parties.
6. If either party requests a request is made transcript of the proceedings, that party shall bear the full costs for arbitration within ten (10that transcript. If both parties order a transcript, the cost of the transcript(s) workdaysshall be divided equally between the two parties.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Formal. Grievances initially filed at the Informal stage and not adjusted to the satisfaction of the employee(s) may, within 10 working days of the receipt of the written decision, be filed with the Office of the Deputy Administrator, Livestock and Seed Program. The employee(s) will submit the original grievance, in writing, with copies of all previous documents. Suspensions and adverse or performance-based actions may be grieved, in writing, directly to the Office of the Deputy Administrator, Livestock and Seed Program, within 20 working days of the occurrence of the action on which the grievance based. The office of the Deputy Administrator, Livestock and Seed Program, will issue a written decision attempting to resolve the grievance within 20 working days of its receipt. A copy of the written decision shall be provided to the President of the National Meat Graders’ Council. Step One4: Arbitration If the decision does not resolve the grievance to the satisfaction of the grievant, or if the decision is not issued within the stated time, the Union may invoke arbitration under the following conditions and stipulations:
a. The costs of the arbitrator and expenses shall be shared equally by the Employer and the Union. Related charges for services not required by the arbitrator shall be shared equally, except neither party shall be required to pay for such services if they do not wish to receive such services.
b. The arbitrator’s decision will be binding. However, either party may file an exception to the arbitrator award with the Federal Labor Relations Authority under its regulations.
c. To invoke arbitration, the Union shall serve written notice of such intent with the Branch Chief within 15 working days of the written decision of the Office of the Deputy Administrator, Livestock and Seed Program. If arbitration is invoked, the Branch Chief shall within 5 working days from the request for arbitration, request the Federal Mediation and Conciliation Service (FMCS) to furnish the parties a list of 7 impartial persons qualified to act as arbitrators. The Employer and the Union representative shall meet or confer by telephone within 5 working days after receipt of the list. To reach agreement upon one of the listed arbitrators, they will strike one name from the list and shall repeat the procedure. The remaining individual shall be the duly selected arbitrator. The following method will be used to determine the order in which the parties will strike names from the list of arbitrators: if the date of the transmittal from FMCS is an odd number (e.g., May 17), then the Union will strike first, third and fifth and the Employer will strike second, fourth and sixth. If the date of the transmittal from FMCS is even (e.g., May 18), then the Employer will strike first, third and fifth the Union will strike second, fourth and sixth. If for any reason either party refuses to participate in the grievance is not resolved informallyselection of an arbitrator, the employee must, within five (5) workdays after receipt remaining party may choose an arbitrator from the above-mentioned list. The arbitration hearing will be held at a site designated by the Employer and if possible during the regular day shift hours of the administrator's oral answer or twenty (20) workdays from basic workweek.
d. The arbitrator will be requested to render a decision as quickly as possible but, in any event, not later than 30 days after the alleged violation, submit to the administrator a signed written statement of grievance on the official grievance form provided in the negotiated agreement. The statement of grievance shall name the employee involved, state the facts giving rise to the grievance, identify all the provisions of this Agreement alleged to have been violated by appropriate reference, state the contention conclusion of the employee with respect to these provisions, indicate the specific relief or remedy requested, and shall be dated and signed by the employee involved. The administrator shall give the employee an answer in writing no later than five (5) workdays after receipt of the written grievance, with a copy to the Superintendent and the Association. Step Two: Unless hearing unless the parties mutually agree to adopt extend the report time limits.
e. Questions of the administrator, it may grievability/arbitrability will be submitted to the Superintendent or their designee within five (5) workdays arbitrator for decisions prior to addressing the merits of the Step One reportoriginal grievance. The Superintendent, or their designee, and the aggrieved employee, and their representative(s) shall meet within Any grievance filed where a reasonable time, not to exceed five (5) workdays in an attempt to resolve the matter. The Superintendent shall communicate their decision, in writing, to the aggrieved employee and the Association within five (5) workdays after the hearing. Step Three: Within ten (10) days after receiving the decision question of the Superintendent, an appeal from the decision may be made to the Board. It grievability/arbitrabiltiy exists shall be in writing and accompanied by a copy of the decision at Step Two. No later than twenty (20) workdays after receiving the appeal, the Board shall hold a hearing (or may exercise the option of going directly amended to arbitration in Step Four within 15 days after receiving appeal) on the grievance at a regular or special meeting. All those listed in Step One shall have a right to participate in this step. Within ten (10) workdays after the hearing, the Board shall communicate its decision in writing, and state its reasons to the Association and the aggrieved employee. Step Four: If the grievance is not resolved satisfactorily to the Association after consideration by the Superintendent in Step Two, or the Board in Step Three, the grievance may be submitted solely by the Association or the Board to arbitration if a request is made for arbitration within ten (10) workdaysinclude that question.
Appears in 1 contract
Sources: Basic Agreement
Formal. Step One1: The teacher or the Association may present the grievance in writing to the supervisor immediately involved who will arrange for a meeting to take place within six (6) days after receipt of the grievance. The filing of the formal written grievance at this step must be within twenty (20) days from the date of the occurrence giving rise to the grievance or from the date when the grievant might reasonably have become aware of such occurrence, provided that, at the teacher’s written request to the immediate supervisor, the filing of the formal grievance shall be extended an additional fifteen (15) days. The supervisor shall provide a written answer to the grievance to the aggrieved teacher and the Association within seven (7) days after the meeting. The answer shall include the reasons for the decision.
Step 2: If for any reason the grievance arises from a decision at the Superintendent’s level, or if the grievance is not resolved informallyat Step 1, then the employee must, Association may refer the grievance to the Superintendent or official designee within five six (56) workdays days after receipt of the administrator's oral answer Step 1 answer, or twenty within thirteen (2013) workdays from the alleged violation, submit to the administrator a signed written statement of grievance on the official grievance form provided in the negotiated agreement. The statement of grievance shall name the employee involved, state the facts giving rise to the grievance, identify all the provisions of this Agreement alleged to have been violated by appropriate reference, state the contention of the employee with respect to these provisions, indicate the specific relief or remedy requested, and shall be dated and signed by the employee involved. The administrator shall give the employee an answer in writing no later than five (5) workdays days after receipt of the written grievance, with a copy to the Superintendent and the Association. Step Two: Unless the parties agree to adopt the report of the administrator, it may be submitted to the Superintendent or their designee within five (5) workdays of the Step One report. The Superintendent1 meeting, or their designee, and the aggrieved employee, and their representative(s) shall meet within a reasonable time, not to exceed five (5) workdays in an attempt to resolve the matterwhichever is later. The Superintendent or official designee shall communicate their decision, in writing, to arrange for a meeting with the aggrieved employee rep- resentative(s) of the Association’s Grievance Committee and the Association grievant to take place within five (5) workdays after the hearing. Step Three: Within ten (10) days after receiving of his/her receipt of the decision appeal. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary to develop facts pertinent to the grievance. Upon conclusion of the hearing, the Superintendent or official designee shall have ten (10) days in which to provide a written decision, with reasons, to the Association and to the grievant.
Step 3: If the Association is not satisfied with the disposition of the grievance at Step 2, or the time limits expire without the issuance of the Superintendent, an appeal from the decision may be made to ’s or the Board's written reply, the Association will have six (6) days in order to invoke a meeting with the Board of Education. It shall The meeting will be in writing and accompanied by a copy held within thirty (30) days of invocation. Upon the conclusion of the decision at Step Two. No later than twenty (20) workdays after receiving the appealmeeting, the Board shall hold a hearing (or may exercise the option of going directly to arbitration in Step Four within 15 days after receiving appeal) on the grievance at a regular or special meeting. All those listed in Step One shall have a right to participate in this step. Within ten (10) workdays after the hearingdays in which to provide a written decision, the Board shall communicate its decision in writingwith reasons, and state its reasons to the Association and the aggrieved employee. grievant.
Step Four4: If the grievance Association is not resolved satisfactorily to satisfied with the Association after consideration by disposition of the Superintendent in grievance at Step Two3, or the time limits expire without the issuance of the Board in Step Threeof Education’s written reply, the Association shall have a maximum of thirty (30) days to submit the grievance to arbitration. The arbitrator shall be selected from panel(s) of names secured from the American Arbitration Association and the proceedings shall be conducted pursuant to its practices.
1. The arbitrator so selected shall hold a hearing on the grievance in dispute as promptly as the same may be submitted solely arranged and shall render his/her opinion and award within thirty (30) days after the last hearing date shall be closed, provided such deadlines may be extended by agreement of the parties.
2. The arbitrator's opinion and award shall be final and binding on the Association and the Board.
3. The arbitrator shall have no power to add to, subtract from, or alter the Board terms of this Agreement or rule upon any grievance not in violation of the specific terms and condition of this Agreement. The arbitrator shall have no authority to render an opinion inconsistent with state or federal law.
4. The arbitrator shall have the power to make the grievant whole, within the limits of his/her lawful authority.
5. Each party shall bear the full cost for its representation in the arbitration. The cost of arbitration if shall be divided equally between the parties.
6. If either party requests a request is made transcript of the proceedings, that party shall bear the full costs for arbitration within ten (10) workdaysthat transcript. If both parties order a transcript, the cost of the transcripts shall be divided equally between the two parties.
Appears in 1 contract
Sources: Collective Bargaining Agreement