GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps: Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain: a. it shall be signed by the grievant(s)/Association. b. it shall be specific; c. it shall contain a synopsis of the facts giving rise to the alleged violation; d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated; e. it shall contain the date of the alleged violation; f. it shall specify the relief requested; g. it shall indicate approval or disapproval by the Association. Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.
Appears in 9 contracts
Sources: Employment Agreement, Employment Agreement, Employment Agreement
GRIEVANCE PROCEDURE. A. A The term "teacher" as used in this article shall mean one or more teachers.
B. All teachers shall have the right to a fair and equitable grievance procedure.
C. Each teacher has a right to this grievance procedure to be used for the settlement of disputes between the teacher and his/her immediate supervisor involving the interpretation or application of this agreement.
D. Whenever a teacher feels that there is a grievance, every effort should be made to arrive, on an informal basis with the immediate supervisor, at a mutually satisfactory solution to the grievance. When this cannot be done, resort should be to the more formal procedure stated herein in an effort to resolve grievances. Grievances at Step I and Step II shall be defined conducted in private. The aggrieved teacher and the administrator shall have the right in such instances to request the presence of a representative. Nothing in this agreement shall be construed to prevent any teacher from presenting at any time his/her grievance in person or by legal counsel as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of outlined in Florida Statutes and the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:Florida School Code.
Step 1: I The memberemployee shall submit to his/Associationher principal or immediate supervisor a signed written statement of fact(s) on an official grievance form. Such statement shall be specific. Such grievance must be presented within a reasonable time, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within but in no event longer than fifteen (15) work days workdays after an employee should have been aware of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance act or condition which is not within the scope basis of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with grievance. In the grievant and/or event such an alleged act or condition occurs within the designated Association representative within ten last two (102) work days after receipt weeks of the employee's contract year, the grievance to discuss the grievancemust be presented within twenty (20) calendar days. Within ten (10) work days workdays of the discussion, receipt of the Superintendent or his/her designated agent shall render his/her decision grievance in writing, transmitting a copy of meeting shall take place between the same principal or immediate supervisor and the grievant and, if either party desires, their representative. The principal or immediate supervisor shall respond to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meetingwriting, within ten (10) work days workdays after the meeting and shall furnish copies thereof to the employee.
Step II If the employee is not satisfied with the disposition of the grievance at Step I, the employee may appeal to the Superintendent or his designee within five (5) workdays after he/she has received the disposition of Step I. Said appeal shall be written on the official grievance form and transmitted to the Superintendent or his designee in person or via certified mail, return receipt requested. Within ten (10) workdays after receipt of the grievance at Step II the Superintendent or his designee shall meet and confer with the employee with a view to arriving at a mutually satisfactory solution of the grievance. At the conference(s) the employee and the Superintendent or his designee may have his/her representative present. Absence of the Association’s representative will not prevent the conference(s) from being held if the Association has been given forty-eight (48) hours prior notice. Notice of the conference shall be given also to the persons who rendered the decision at previous steps. The principal or immediate supervisor and the Superintendent's decision’s designee may be present at the conference(s) to state his views. The Superintendent/designee shall respond to the grievance, together with supporting reasons in writing via certified mail or in person to the employee, within ten (10) working days after the Step II conference. Those persons who rendered the decision at Step I shall also receive a copy of the decision at this step.
Appears in 7 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A SECTION 1 For the purpose of this Agreement, a grievance shall be defined as any dispute or difference of opinion between an alleged violation, misinterpretation, or misapplication of employee covered by this Agreement or written Board policies affecting working conditions and the School involving the meaning and/or application of the member. Should a member/Association feel that there has been a violation, terms of the Agreement.
Step 1 Any employee who believes he/she will take has a grievance may first discuss the following steps:
Step 1: The member/Associationmatter with a ▇▇▇▇▇▇▇, and shall then discuss the matter with the immediate supervisor, with or without the presence of a designated representative, ▇▇▇▇▇▇▇. The supervisor is to get a copy of the written grievance and such written grievance shall discuss specify the portion of the contract that is alleged to have been violated and any and all relief sought by the grievant. The supervisor shall give his answer in writing within five (5) working days after such discussion. A grievance may be filed in writing with the supervisor within twenty (20) working days of the time the grievance is known or should have been known to exist.
Step 2 If the grievance has not been settled in Step One and the employee desires to appeal, the Chief ▇▇▇▇▇▇▇ shall present the grievance in writing, signed by the aggrieved employee, to the Superintendent, within five (5) working days after the supervisor's answer in Step One above. Thereafter, the Chief ▇▇▇▇▇▇▇ shall meet with the Supervisor informally Superintendent for the purpose of discussing the grievance. If the grievance is settled as a result of such meeting, the disposition shall be reduced to writing and signed by the Superintendent and the Chief ▇▇▇▇▇▇▇. If no settlement is reached, the School shall give a written answer to the grievance within five (5) working days after the date of such meeting.
Step 3 If the grievance has not been settled in Step Two, and the School's answer is not satisfactory to the Union, the Union may appeal in writing to the School Superintendent within five (5) working days. Within ten (10) working days thereafter, the School Superintendent or his representative will meet with an Business Representative of the Union and the Union Committee for the purpose of discussing the grievance. If the grievance is resolved, the settlement will be reduced to writing and signed by the parties. If no settlement is reached, the School shall give its written answer to the grievance within five (5) working days after the date of such meeting.
Step 4 If the grievance is not settled in Step Three, and the School's final answer is not satisfactory to the Union, the Union may appeal the grievance to arbitration by giving written notice of the Union's desire to arbitrate to the School within twenty-one (21) calendar days from the date of the School's final answer in Step Three. If the parties cannot agree on an acceptable arbitrator within five (5) working days, they shall submit a joint request to the Federal Mediation and Conciliation Service to appoint an arbitrator. The decision of the arbitrator shall be final and binding upon both parties. The arbitrator shall have no right to amend, modify, nullify, ignore or add to the provisions of this Agreement. The arbitrator shall consider and decide only the particular grievance presented to him and his decision and award shall be based solely upon his interpretation of the meaning or application of the terms of this Agreement to the facts of the grievance presented. If the matter appealed does not involve an interpretation of the terms or provisions of this Agreement, the arbitrator shall so rule in his award and the matter shall not be considered further by the arbitrator. The willful failure of either party to present its case at the time of the hearing serves to delay the hearing or invalidate the decision of the arbitrator.
SECTION 2 Any grievance not appealed within the time limits set forth in each step of the above procedure shall be considered settled on the basis of the last answer given by the School. Any grievance not answered by the School within the time limits set forth in each step of the above procedure shall automatically advance to the next step. The time limits set forth in each step of the grievance procedure may be extended by mutual agreement in writing and such extended time limits shall then be considered as applicable to the grievance involved for the purposes of this section.
SECTION 3 No grievance shall be filed or processed if it concerns a matter occurring more than five (5) days prior to the date of filing of the grievance and no grievance settlement shall be retroactive to a date more than five (5) work days of prior to the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after date the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise first presented to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the AssociationSchool.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.
Appears in 7 contracts
Sources: Bus Drivers Contract, Bus Drivers Contract, Bus Drivers Contract
GRIEVANCE PROCEDURE. A. A 4.1 Any grievance, which may arise between Union, or any of its members, and the City, with respect to the interpretation or application of any of the terms of this Memorandum of Understanding, and with respect to such matters as the alleged discriminatory or arbitrary discharge, demotion or discipline of an individual employee, shall be determined by the provisions of this Article, except that such matters as are included in the definition of impasse as set forth in Resolution No. 2012-091 are not a grievance. Probationary employees shall not be entitled to invoke Article 4, Grievance Procedure, with regard to matters of discharge or demotion. This shall not, however, prevent a probationary employee from exercising any other rights under this Memorandum of Understanding. Work day as used in this Article shall mean any day when City Hall is open to serve the public.
4.2 Step One: The initial step in the adjustment of a grievance shall be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of a discussion between the member. Should a member/Association feel that there has been a violation, he/she Shop ▇▇▇▇▇▇▇ and the immediate supervisor directly involved who will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative answer within ten (10) work days. This step shall be started within thirty (30) work days after receipt of the date of the action complained of, or the date the grievant became aware of the incident which is the basis for the grievance. This step may be taken during the working hours of the Shop ▇▇▇▇▇▇▇.
4.3 Step Two: If a grievance is not resolved in the initial step, the second step shall be a written presentation of the grievance to discuss the grievancePower Plant Manager or Electric Program Supervisor and a discussion between the Shop ▇▇▇▇▇▇▇ and the Power Plant Manager or Electric Program Supervisor, as applicable who shall answer in writing within ten (10) work days. Within This step shall be taken within ten (10) work days of the discussiondate of the answer in Step One.
4.4 Step Three: If a grievance is not resolved in the second step, the Superintendent or his/her designated agent third step shall render his/her decision in writing, transmitting be a copy written presentation of the same grievance to the grievantDivision Head and a discussion between the Shop ▇▇▇▇▇▇▇ and the Division Head, the Association representative, and appropriate Supervisor, and place a copy of same who shall answer in a permanent file in his/her officewriting within ten (10) work days. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, This step shall be taken within ten (10) work days of receipt the date of the Superintendent's decisionPower Plant Manager or Electric Program Supervisor’s answer as applicable in Step Two.
Appears in 7 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
GRIEVANCE PROCEDURE. A. A grievance 9.01 It is the mutual desire of the Parties hereto that complaints of employees shall be defined adjusted as quickly as possible and it is understood that an alleged violationEmployee or the Union on their behalf, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of has no grievance until the member. Should a member/Association feel that there employee’s immediate supervisor has been given an opportunity to adjust the complaint. If an employee has a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, complaint they shall discuss the grievance it with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor their immediate supervisor within fifteen (15) work days after the employee would reasonably be expected to have become aware of the circumstances giving rise to the complaint. The immediate supervisor shall be allowed seven (7) days to communicate their answer to the complainant. Failing settlement, it may then be taken up as a grievance. In the case of a job competition grievance, it is understood that the appropriate supervisor will be the recruiting supervisor. A grievance is defined as a complaint with respect to the application, interpretation, administration or alleged violation of this Agreement. At any stage of the grievance procedure (including the verbal complaint stage) the grievor may be accompanied by a Union representative, who may be an employee of the University.
Step 1 Within seven (7) days of the supervisor’s decision the employee or the Union may present the alleged violation grievance in writing, on a form agreed to by the University and discuss the Union, to their supervisor’s supervisor. Each written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.grievor or the Union and shall include:
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain (a) the date of presentation;
(b) the nature of the grievance;
(c) the remedy sought;
(d) the paragraph or paragraphs of this Agreement allegedly violated or the alleged violation;
f. it occurrence said to have caused the grievance. The supervisor’s supervisor will meet with the grievor within seven (7) days to discuss the grievance. The employee may be assisted in the presentation of the grievance by a Union representative who may be an employee of the University. Failing an immediate settlement, the supervisor shall specify deliver the relief requested;
g. it shall indicate approval or disapproval by decision in writing to the Associationemployee and to the Union within seven (7) days following the presentation of the grievance.
Step 2: 2 If not settled at Step 1, the grievor or the Union together with a representative of the Union Grievance Committee, as hereinafter constituted, may submit the alleged grievance to the Associate Vice-President (Human Resources) or designate within seven (7) days of the reply of Step 1. The Superintendent Associate Vice President (Human Resources) or his/her designated agent designate shall arrange a meeting meet with the grievant and/or grievor, the designated Association representative Union Grievance Committee, and the Local Union President within ten (10) work days after receipt of the grievance to discuss presentation of the grievance. Within ten (10) work days A Representative of the discussionInternational Union may also be in attendance if requested by either Party. The Associate Vice-President (Human Resources), the Superintendent or his/her designated agent designate shall render his/her their decision in writing, transmitting a copy writing to the grievor and to the Chair of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, Union Grievance Committee within ten (10) work days of the above meeting.
Step 3 Failing settlement of the grievance at Step 2, the Union may submit grievance to arbitration as hereinafter provided within thirty (30) days of the receipt of the Superintendent's decisiondecision at Step 2.
9.02 After a grievance has been filed, the time limits outlined in 9.01 may be extended by agreement between the Union and the University. Where no such agreement has been made and the time limits as described have not been followed, or where an agreed extension has expired, either party may advance the grievance to the next step of the grievance procedure including arbitration. However, the grievance shall be deemed abandoned if the party having filed the grievance does not advance the grievance to arbitration within thirty (30) days from the receipt of the decision at Step 2.
Appears in 7 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A "grievance" is a dispute between the Board of Education and an employee represented by the Union, whether or not such employee is a member of the Union, or between the Union and the Board of Education, as hereinafter provided, concerning the interpretation, application of, or compliance with, any provision of this Agreement. When any such grievance arises, the following steps shall be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following stepsobserved:
Step 1: The member/Association, with or without a designated representative, shall discuss In the event that the grievance with is not resolved during the Supervisor informally Informal step, or in the event the Informal step is not applicable, within five twenty (520) work days after the occurrence or twenty (20) days after the aggrieved or the union knew or reasonably should have known of the alleged violation andincident which is the subject of the grievance, if not resolved, shall the aggrieved and the Union may file a written grievance by completing Step 1 of the Grievance Report Form (Appendix F). The grievance shall be signed by both the employee and a union officer and/or grievance chair. The grievance must be dated and must state the alleged facts on which the grievance is based, the date on which the claimed violation of this Agreement occurred, the provision of this Agreement which allegedly has been violated and the relief or remedy requested. The grievance will be filed with the Supervisor within fifteen grievant's immediate supervisor. Within seven (157) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange supervisor will conduct a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance aggrieved to discuss the grievancegrievance and attempt to resolve it. Within ten (10) work days following this meeting, the supervisor will state the decision in writing on the grievance form and provide a copy to the aggrieved. The failure of the aggrieved to appeal any decision to the next step within seven (7) days shall constitute a waiver of the right of further appeal, and a final disposition of the grievance shall be made on the basis of the last decision given.
Step 2: In the event that the Union and the aggrieved are not satisfied with the disposition of the grievance at Step 1, the Union may, within seven (7) days of receipt of such decision, request the discussionsupervisor to forward the grievance to the Superintendent or designee. The Superintendent or designee, the department head involved, the employee, and the union’s President or his designee, shall meet within ten (10) days after the grievance has been filed with the Superintendent or his/her designated agent designee. The Superintendent or designee shall render his/her decision in writing, transmitting a copy of answer the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, grievance within ten (10) work days of receipt after the meeting has been held by giving a copy of the Superintendentanswer to the employee and mailing a copy to the Union’s President or his designee.
Step 3: If the Union and the aggrieved are not satisfied with the disposition on Step 2, the Union may request that the issue be presented at a mediation conference, which shall be presided over by a mediator. Such request must be made in writing within seven (7) days after the grievant receives the Step 2 disposition. The Federal Mediation and Conciliation Service shall be requested to appoint one of its mediators to conduct mediation conferences as requested by either of the parties.
Step 4: If the Board of Education's decisionanswer is not accepted under the procedures set forth in Step 3 , the Union may submit the grievance to binding arbitration by serving written notice upon the Superintendent or designee of its intention to arbitrate the grievance within ten (10) days after the Step 3 mediation conference is concluded.
Appears in 7 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A 11.01 It is the mutual desire of the parties hereto, that complaints of employees shall be adjusted as quickly as possible. The Foreperson or Supervisor shall be given the opportunity to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance.
11.02 Grievance shall mean any difference or dispute concerning the interpretation, application, administration or alleged violation of the Collective Agreement.
11.03 If a complaint is not settled in accordance with 11.01 above within three (3) working days, the matter shall be reduced to writing within ten (10) working days from the incident giving rise to the complaint.
11.04 After receipt of the grievance, the Employer shall give their reply in writing to the Business Manager/Secretary-Treasurer within ten (10) working days. If the matter is still not resolved then the Business Manager/Secretary-Treasurer or their Assistant shall advise the Employer within ten (10) working days.
11.05 Within ten (10) working days of receipt of notification from the Business Manager/ Secretary-Treasurer in 11.04, the grievance shall be defined as an alleged violation, misinterpretation, discussed at a meeting between the Business Manager/Secretary-Treasurer or misapplication of this Agreement or written Board policies affecting working conditions their Assistant and a Representative of the memberEmployer. Should a memberAfter this meeting, the Employer shall give their answer to the Business Manager/Association feel that there has been a violationSecretary-Treasurer in writing within ten (10) working days.
11.06 If the Employer's answer in 11.05 is unacceptable, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance shall then be discussed within a further five (5) working days at a meeting of the International Vice- President or their designated Representative and a Representative of the Employer. If the matter is not resolved within these five (5) working days, the matter shall be referred to the next step as outlined in 11.07.
11.07 Before proceeding to Arbitration, the parties shall advise an authorized representative of the Boilermaker Contractors' Association of the details. At the request of either party, the grievance may be discussed between an International Officer of the Union and an authorized representative of the Boilermaker Contractors' Association in order to obtain an interpretation of the Collective Agreement in connection with the Supervisor informally grievance. If the matter is still not resolved within five (5) work working days of the alleged violation andreferral to the Boilermaker Contractors' Association, if not resolvedthen at the request of either party, the grievance may be referred to Arbitration. Prior to advancing to arbitration, the parties shall file participate in a written grievance with resolution conference facilitated by a third party in an attempt to settle the Supervisor within fifteen (15) work days differences. The third party will be mutually agreed upon and any cost for the third party shall be shared equally between the parties.
11.08 It is understood and agreed that any of the alleged violation time limits herein may be extended by mutual agreement in writing. In this Article, Saturday, Sunday and discuss the written grievance with the Supervisor within five (5) work days after Recognized Holidays shall not be counted as working days.
11.09 In cases where an employee is discharged, the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following shall be initiated at the discussion of level outlined in 11.04 and if the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which matter is not resolved within the scope of a Supervisor's authority steps and time limits outlined in 11.04 and 11.05, then the request for Arbitration may be filed initially initiated at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed this point by the grievant(s)/Associationeither party.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.
Appears in 7 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violation, misinterpretation, a dispute between the County and The Association arising over the interpretation or misapplication application of a specific aspect of this Agreement or written Board policies affecting working conditions agreement which is not a Management Right. Grievances as defined above shall be resolved pursuant to this Article. This Article shall not apply to disciplinary action of any form covered by Article 9.
B. An Association grievance committee shall be established consisting of three members. Such committee shall be selected in a manner to be determined by the Association membership. The purpose of the member. Should Association grievance committee is to aid the Association and employee in resolution of grievances or to determine whether to pursue the matter through the grievance procedure.
C. If the employee feels he/she has a member/Association feel that there has been a violationgrievance, he/she will shall take up the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance matter with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative immediate supervisor within ten (10) work days after receipt the employee becomes aware of the grievance event giving rise to discuss the grievance.
D. The immediate supervisor shall make every attempt to reach an acceptable solution to the problem within ten (10) days after it has been submitted to him. Any grievance settlement shall be approved in writing by the Department Head and the County Manager.
E. If the grievance is not settled during the informal discussion, the Association may proceed with the matter. Within ten (10) work days of after the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same event giving rise to the grievantgrievance, the Association representativeshall submit the grievance in writing to the immediate supervisor, the Department Head and appropriate Supervisor, provide the following information:
1. The employee’s name;
2. The employee’s position classification;
3. The employee’s department;
4. A complete statement of the nature of the grievance citing the specific section of this agreement which is the basis for the grievance;
5. Any attempts made to resolve the problem;
6. A proposed solution to the grievance;
7. Signature of the President of the Association; and
8. The date the grievance arose and place a copy of same the date the employee signed the statement.
F. The Association grievance committee and the immediate supervisor shall attempt to resolve the matter. Any grievance settlement shall be approved in a permanent file in his/her officewriting by the Department Head and the County Manager. If the decision grievance is not settled within ten (10) days after receipt of the Superintendent is unsatisfactory to written grievance by the AssociationCounty officials as described in paragraph E above, the Association may appeal same submit the written grievance with the information outlined above to the Board of Education by filing a written County Manager. The County Manager shall arrange for any meetings and investigations necessary to enable him to respond in writing to the Association regarding the grievance within ten (10) days from the date he received said grievance, along with .
G. If the decision matter is not settled in the previous step within three (3) days after receipt of the Superintendentwritten response from the County Manager, with the officer of the Board in charge of drawing up the agenda for the Board's meetingAssociation may, within ten (10) work days of receipt of the Superintendent's decisionCounty Manager’s decision notify the County Manager in writing of its desire to submit the matter to an arbitrator; or, at the Association’s option to the County Commissioners. If arbitration is chosen, the arbitrator shall be selected from a panel of seven (7) arbitrators provided by the Federal Mediation and Conciliation Service.
H. The decision of the arbitrator, or if selected the County Commissioners, shall be final and binding. The decision shall be in writing and shall set forth findings of fact, reasoning and conclusions on the issues submitted.
I. The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is in violation of the terms of this agreement. Nor will the arbitrator, or if selected the County Commissioners, have any power to amend, modify, add or delete provisions of this agreement.
J. The fees and expenses of the arbitrator shall be borne equally by the parties. Costs and fees associated with the use of a court reporter including the copies of transcripts (one (1) per party and original for arbitrator) shall be shared equally by the parties
K. The time limits specified in the preceding sections may be extended by the mutual agreement of the parties.
L. The Association shall furnish the County with the names of the members of the Association grievance committee.
M. Any employee, informally seeking, or formally filing a request to have his/her grievance reviewed, shall not be discriminated against while doing so or testifying on behalf of another employee or assisting another employee to prepare a grievance report or acting as a representative of any employee requesting a grievance review.
N. For purposes of this Article, the term “day” means any day Monday through Friday excluding holidays.
O. The time limits set forth in this Article shall be strictly construed. If the Association fails to file and/or process the grievance in a timely manner, it shall be conclusively presumed that the grievance is withdrawn with prejudice or has been satisfied.
P. If the County fails to respond to the grievance in the time limits established in the preceding sections the matter automatically moves to the next step.
Appears in 6 contracts
Sources: Labor Agreement, Labor Agreement, Labor Agreement
GRIEVANCE PROCEDURE. A. A grievance The following sets forth steps to be followed in attempting to resolve grievances:
STEP 1: In the event the problem is not resolved informally, as set forth in Section 7.4, it shall be defined reduced to writing and submitted to the appropriate administrator as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five thirty (530) work days of the alleged violation and, if not resolved, shall file a written grievance with time the Supervisor within fifteen (15) work days grievant had knowledge of or should have had knowledge of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts problem giving rise to the alleged violation;
d. grievance. The written grievance shall state the fact(s) upon which it shall cite is based, the section or subsections of this contract or written Board policy alleged to have been issue involved, any Agreement provisions allegedly violated;
e. it shall contain the date of the alleged violation;
f. it shall specify , and the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a sought. A meeting with between the grievant and/or and the designated Association representative administrator shall be held to resolve the grievance within ten (10) work days after following receipt of the written grievance by the administrator. The administrator must respond to discuss the grievance. Within ten (10) work written grievance within 10 days following this meeting.
STEP 2: In the event the grievant is unsatisfied with the disposition of the discussiongrievance at Step 1, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, grievant and/or the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meetingmay, within ten (10) work days thereafter, refer the matter in writing to the District Superintendent, either by registered mail or in person.
(A) If the Association decides not to pursue the grievance, it shall so notify the grievant and the District Superintendent in writing, and the matter, insofar as the Association is concerned, is terminated.
(B) An Association representative and the grievant, in pursuing the grievance on behalf of receipt the grievant, shall meet with the Superintendent and/or his or her designated representative(s) within ten (10) working days of the Superintendent's decisionreceipt of the notice in an effort to resolve the grievance.
(C) Time limits, as set forth in this section, shall also apply when an employee is acting on his/her own behalf. The Superintendent or his or her designee shall issue a written response to the grievance within fifteen (15) days following this meeting.
STEP 3: In the event the grievant is unsatisfied with the disposition of the grievance at the conclusion of Step 2, said grievant may refer the matter to arbitration as provided below. If the grievant is unsatisfied with the disposition of Step 2 of the grievance procedure, the grievant may, within ten (10) days, and with the consent of the Association, submit the matter to arbitration. Notice of intent to arbitrate shall first be provided to the District in writing. Except for Association grievance as defined in Section 7.3, submission of any grievance to arbitration shall require the grieving employee's consent. Any grievance relating to interpretation or application of the specific provision(s) of this Agreement may be submitted to arbitration unless excluded by the other provisions of this Agreement or this Article.
Appears in 6 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A All grievance meetings shall be held in Executive Session. Save for final resolution documents, all grievance documents shall be kept confidential by the participants. All grievance documents but the final resolution of the grievance shall become the property of and be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions retained by WECP. The names of the membergrievant(s) (if individual employees are grievants) shall be redacted from all grievance documents and shall not be included in the final resolution.
1. Should a member/INFORMAL STEP - When an employee becomes aware of an act on which the grievance is to be based, the employee and the Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall representative may discuss the grievance with the Supervisor informally appropriate supervisor. There should be an attempt to resolve the grievance informally. If the grievance is not resolved during the informal step, or in the event the informal step is not utilized, the Association may, within five thirty (530) work days of the alleged violation and, if not resolved, shall act giving rise to the grievance or the time the grievant should have been aware of the act file a written grievance with the Supervisor supervisor. Written grievances initiated by the Association may be filed within fifteen sixty (1560) work days of the alleged violation and discuss action giving rise to the written grievance with or the Supervisor within time the Association should have been aware of the act.
2. STEP ONE - Within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of receipt of the written grievance with the Supervisorgrievance, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent administrator shall arrange a meeting hearing with the grievant and/or the designated Association representative, if one has been designated, or the grievant if not, and hold the hearing with the representative and grievant within ten (10) work days after of receipt absent a mutually agreed extension. Either party may waive the presence of the grievance grievant if only contractual arguments are involved. The Association, grievant, and Employer may present evidence to discuss the grievancesustain their positions. Within ten (10) work days of the discussionconclusion of the hearing, the immediate supervisor shall forward his/her written response to the Association and the grievant with reasons if denied. If the Association and the grievant are not satisfied with the appropriate supervisor's response, the Association may file a written form to proceed to Step Two.
3. STEP TWO - Within twenty (20) days of receipt of the Step One response, the Association and the grievant may file a written form to proceed to Step Two. Within seven (7) days of the filing of the form, the Superintendent or his/her designated agent designee shall render his/her decision arrange and conduct a hearing in writing, transmitting a copy of the same to manner and for the grievant, the Association representative, and appropriate Supervisor, and place a copy of same purpose as set forth in a permanent file in his/her officeStep One. (If the decision of Treasurer is the Superintendent is unsatisfactory to the AssociationStep One hearing officer, the Association may appeal same to the Board of Education by filing a written grievance, along with shall act as the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within Step Two hearing officer.) Within ten (10) work days after the hearing, the Superintendent or his/her designee shall provide a written response to the Association and the grievant with reasons, if denied.
4. STEP THREE - Within fifteen (15) days of receipt of the Superintendent's decisionStep Two response, the Association may notify the Employer of its intent to proceed to arbitration. Submission by the Association to arbitration will be by Demand Arbitration. The Association must file with AAA within twenty (20) days after notice of intent.
Appears in 5 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violationclaim by a teacher, misinterpretationgroup of teachers, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, misinterpretation or misapplication of any provision of this Agreement may be processed as a grievance as hereinafter provided.
B. In the event that a teacher believes there is a basis for a grievance, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall first discuss the alleged grievance with his/her building principal accompanied by his/her Association representative within fifteen (15) working days of the Supervisor informally occurrence or knowledge of the alleged violation, misinterpretation or misapplication.
C. If, as a result of the informal conference with the building principal, an alleged grievance still exists, the teacher may invoke the formal grievance procedure through the Association within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance informal discussion with the Supervisor within fifteen principal, on the form set forth, signed by the grievant and a representative of the Association, which form shall be available from the Association representative in each building. A copy of the grievance form shall be delivered to the principal. If the grievance involves more than one school building, it may be filed with the Superintendent or a representative designated by him.
D. Within five (155) work working days of receipt of the alleged violation and discuss grievance, the written grievance principal shall meet with the Supervisor Association in an effort to resolve the grievance. The principal shall indicate his disposition of the grievance in writing within five (5) work working days after of such meeting and shall furnish a copy thereof to the Association.
E. If the Association is not satisfied with the disposition of the grievance is filed. If or if no satisfactory conclusion is reached disposition has been made within five (5) work working days following of such meeting, the discussion grievance shall be transmitted to the Superintendent. Within seven (7) working days, the Superintendent or his designee shall meet with the Association on the grievance and shall indicate his disposition of the written grievance with the Supervisor, the member/Association shall submit the written grievance in writing within five (5) work working days of the discussion with the Supervisor such meeting and shall furnish a copy thereof to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting F. If the Association is not satisfied with the grievant and/or the designated Association representative within ten (10) work days after receipt disposition of the grievance to discuss the grievance. Within ten (10) work days of the discussion, by the Superintendent or his/her designated agent shall render his/her decision if no disposition has been made within the time period provided in writing, transmitting a copy of the same to the grievantE., the Association representative, and appropriate Supervisor, and place shall submit a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory demand for arbitration to the Association, the American Arbitration Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.fifteen
Appears in 5 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. A grievance Step 1. An employee who believes he has been aggrieved shall be defined as an alleged violation, misinterpretation, or misapplication discuss this issue with his immediate supervisor of this Agreement or written Board policies affecting working conditions non-bargaining unit status within ten (10) workdays of the memberdate of occurrence or within a similar time period after the employee should reasonably have learned of the event giving rise to the grievance. Should In the absence of the employee's immediate supervisor of non-bargaining unit status or in the event the employee's immediate non-unit supervisor is a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated Division level management representative, shall discuss the aggrieved may initially submit the grievance with in written form to that representative within the time period established herein. The Supervisor informally shall, within five (5) work days workdays of being advised of the alleged violation andgrievance, if respond either orally to the employee or in writing, as appropriate.
B. Step 2. If the grievance is not resolvedresolved at Step 1, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within employee, not later than five (5) work days workdays after receipt of the immediate Supervisor's response, shall reduce the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of writing stating the facts giving rise to the alleged violation;
d. it shall cite grievance, the section or subsections of this contract or written Board policy provision alleged to have been violated;
e. it , and the remedy sought. The grievance shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval be dated and signed by the Association.
Step 2: employee and submitted to the appropriate Division Superintendent. The Division Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten have five (105) work days after workdays from receipt of the grievance to discuss submit a written response to the grievanceemployee.
C. Step 3. Within ten If the grievance is not resolved at Step 2, the written grievance will be submitted to the employee's Department Director within five (105) work days workdays following receipt of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a Step 2 response. A copy of the same written grievance shall be provided the Business Manager of Local Union 648 and the Municipality's Department of Human Resources. Within five (5) workdays of receipt, the Department Director shall arrange for a meeting with the Business Manager of the Union to hear the grievance issue. The Director's written response will be submitted within five (5) workdays of hearing into the matter. Copy of this response will be provided to the grievant, Union Business Manager and the Association representative, and appropriate Supervisor, and place a copy Department of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionHuman Resources.
Appears in 5 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section A. General
1. A grievance shall be defined as is a claim by one or more employees or the Association of an alleged violation, misinterpretation, or misapplication of a specific section of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:Master Contract.
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which "group grievance" is not within a claim by two or more employees who claim that the scope employer has violated the terms of this Master Contract in a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis manner that affects each of the facts giving rise to employees signing the alleged violation;
d. it shall cite grievance in a same way. If, in the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date judgment of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange , a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt grievance affects a group of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Associationemployees, the Association may appeal same submit such grievance on behalf of the affected employees commencing at Step Two.
3. A "day" for purposes of this grievance procedure shall mean a week day and shall exclude Saturday, Sunday, paid Holidays, Winter Break, Spring Break, and paid vacations.
4. Any aggrieved employee may elect to be accompanied and/or represented at Step One, the informal grievance level, by a representative(s) of the Association. Nothing contained herein shall be construed to prevent any individual employee from initiating a grievance at Step One and having the grievance adjusted, if the adjustment is not inconsistent with the terms of this Master Contract and the Association has been given notice of the Step One hearing, said notice shall entitle the Association to be present at such a hearing.
5. Any formal written grievance submitted to Step Two of this grievance procedure shall have the signature of the Association
6. All time limits contained herein, shall be strictly adhered to unless the school employer and the Association agree in writing to an extension of time limits. If the school employer fails to meet the specified time limits as stated in this Article, the Association may proceed to the Board next step of Education the grievance procedure. If the grievant or the Association fails to meet the specified time limits as stated in this Article, said grievance shall be deemed abandoned.
7. No grievance shall be used as a basis for punitive action of any kind or become part of the employee's personnel file.
8. Step One grievance forms, attached hereto as Appendix A, shall be provided by filing the employer and made available to the Association and employees.
9. At any step of this grievance procedure, if the employer schedules a written meeting or hearing during the working hours of an employee where presence or testimony is necessary to the presentation of the grievance, along with the decision employee shall suffer no loss in pay.
10. All meetings and hearings under this procedure shall be closed to the public and shall include only the interested parties, representatives and any necessary witnesses except by the agreement of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionparties.
Appears in 5 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violation, misinterpretation, or misapplication violation of this Agreement or written Board policies affecting working conditions of the memberAgreement. Should a member/Association an employee feel that there has been a violationviolation of this agreement, he/she he will take the following steps:
(Step 1: ) The member/Association, with employee shall notify in writing the designated representative of the association of his grievance and may request his presence at the presentation of the grievance or proceed to step two (2) without a the designated representative, shall representative at the employee's option. The designated Association representative may be present at any adjustment of the alleged grievance at any level.
(Step 2) The employee and/or the designated representative may discuss the grievance with the Supervisor supervisor informally within five ten (510) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen violation.
(15Step 3) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five ten (510) work days following the discussion of set forth above, the written grievance employee and/or the designated representative shall present in writing within ten (10) days from the discussion in Step (2) the alleged violation and request an interview with the Supervisor, Superintendent. Written grievance shall contain the member/Association following:
1. It shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step be specific
2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, It shall contain:
a. it shall name and be signed by the grievant(s)/Associationemployees involved.
b. it shall be specific;
c. it 3. It shall contain a synopsis statement of the facts giving rise upon which the grievances are based.
4. It shall contain a reference to the alleged violation;
d. it shall cite articles and sections of the section or subsections of this contract or written Board policy alleged to agreement which have been allegedly misinterpreted or violated;.
e. it 5. It shall contain the date of the alleged violation;
f. it shall specify state the relief requested;
g. it . Within ten (10) days after the written request is filed with the Superintendent, he shall indicate approval or disapproval have a hearing concerning the alleged grievance. A decision in writing by the Association.
Step 2: The Superintendent or his/her designated agent superintendent shall arrange a meeting with be given to the grievant and/or employee and the designated Association representative within ten (10) work days after receipt of the hearing.
(Step 4) If this decision is not satisfactory, the employee may file his alleged grievance to discuss with the grievance. Within Board in writing, countersigned by the designated representative at least ten (10) work days prior to the next regular Board meeting. The Board shall place said grievance on the agenda of its next regular meeting at which time the employee and/or the designated association representative shall be given an opportunity to be heard. The Board shall render its decision in writing at the next regularly scheduled Board meeting. If this decision is not satisfactory, the employee and/or the designated representative may file his grievance with the State Labor Mediation Board as provided by law. Failure to appeal a decision at any level within the specified time limits shall be deemed an acceptance of the discussiondecision at that level. Should an employee be satisfied with a decision at any level, or leave the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy employ of the same to the grievantBoard, the Association representative, all further proceedings on said grievance shall be barred. The association shall designated a representative and appropriate Supervisor, and place a copy will designate alternates in case of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisiontheir absence.
Appears in 5 contracts
Sources: Master Agreement, Master Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should claim by a member/Association feel teacher that there has been a violation, he/she will take violation or misapplication of any provision of this Agreement may be processed as a grievance as hereinafter provided.
B. The primary purpose of this procedure is to secure at the following steps:
Step 1: The member/Association, lowest level possible equitable solutions to the problems of the parties that might arise out of this Agreement. Both parties agree that these proceedings shall be kept as confidential as may be appropriate and is permissible under State statute at each level of the proceedings. Nothing herein contained shall be construed as limiting the right of any teacher with or without a designated representative, shall grievance to discuss the matter informally with an appropriate member of the Administration or proceeding independently as described in Section G of this Article.
C. In the event any Association representative is a party in interest to any grievance, the teacher may elect to be disqualified and a substitute can be named by the Association. The Building Principal shall be the Administrative representative when the particular grievance arises in a building. The Board hereby designates the Superintendent as its representative when the grievance arises in more than one (1) school building.
D. In the event that a teacher believes there is a basis for a grievance, the teacher shall first discuss the alleged grievance with the Supervisor informally building principal either personally or accompanied by the Association representative. The grievance must be filed in writing within twenty (20) calendar days of the grievant’s knowledge thereof. The grievance must be filed on the grievance form (Appendix G) and must include the specific article and section allegedly violated. It must state when the alleged violation occurred, by whom, the alleged resulting damage, and the relief sought.
E. Nothing herein is intended to limit or exclude any teacher from filing a grievance on behalf of the Association.
STEP 1: Within five (5) school days of the receipt of the grievance, the Principal shall meet with the grievant in an effort to resolve the grievance. The Principal shall indicate the disposition of the grievance in writing within five (5) work school days of such meeting and furnish a copy thereof to the alleged violation and, if Association.
STEP 2: If the grievant is not resolved, shall file a written grievance satisfied with the Supervisor within fifteen (15) work days disposition of the alleged violation and discuss the written grievance with the Supervisor grievance, or if no disposition has been made within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work school days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of such a Supervisor's authority may be filed initially at step 2. The written grievancemeeting, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt from the date of filing, whichever shall be later, the grievance shall be submitted to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, designee within ten (10) work days of receipt of the Superintendent's decision.five
Appears in 5 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section A. A grievance Professional Employee shall be defined as an alleged violation, misinterpretation, first seek to resolve a concern through discussion of the matter with his/her direct supervisor. Grievances of a Professional Employee with respect to the interpretation or misapplication application of this Agreement or written Board policies affecting working conditions of the member. Should (excluding matters which have separate procedures for hearings and determination set forth in this Agreement), not resolved through discussion with a member/Association feel that there has been a violationdirect supervisor, he/she will take the following stepsshall be handled as follows:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, Professional Employee shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or request an informal conference with his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative ▇▇▇▇ within ten (10) work business days after receipt the Professional Employee is aware of possible violations of the Agreement and discuss the matter with his/her ▇▇▇▇.
Step 2. If the matter is not resolved through the informal procedure set forth in Step 1, the Professional Employee (Grievant) may file a written grievance, using the Grievance Form (See Appendix C, Grievance Form), with the Vice President for Instructional Services stating in detail the facts of which the Grievant complains and the provisions of the Agreement which are deemed to have been violated; provided, no grievance shall be filed or processed based on facts or events which have occurred more than ninety (90) calendar days before the grievance is filed with the Vice President for Instructional Services. A grievance shall be deemed filed when delivered to the Vice President for Instructional Services. A copy of all grievances shall be forwarded to the appropriate administrator. The Association shall be notified at the time a grievance is filed with the Vice President for Instructional Services. The Grievant may discuss the problem with the Vice President for Instructional Services and may present information or arguments in support of the grievance. The Vice President for Instructional Services may also hear other information or arguments. The Vice President for Instructional Services shall make a written decision regarding the grievance within ten (10) business days after delivery of the grievance to discuss the Vice President for Instructional Services.
Step 3. If a solution satisfactory to the Grievant has not been reached in Step 2, the Grievant may appeal to the President, using the Grievance Form, within ten (10) business days after the decision of the Vice President for Instructional Services have been delivered in writing to the Grievant. The President will review the grievance, and any record of the above proceedings, together with any additional information or arguments presented by the Grievant. The President may also hear other information or arguments, subject to notice to ▇▇▇▇▇▇▇▇ of all additional information or arguments. Within ten (10) work business days of after the discussiongrievance is appealed to him/her, the Superintendent or his/her designated agent President shall render his/her decision in writing, transmitting a copy of the same written decision.
Step 4. If a solution satisfactory to the grievantGrievant has not been reached through the above procedures, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory Grievant may appeal to the AssociationBoard, using the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meetingGrievance Form, within ten (10) work business days after delivery of the President's decision. Grievant shall be entitled to a hearing before the Board. The hearing shall be held within thirty (30) business days of receipt the filing of the Superintendent's decisionappeal with the Board. The Board will review the grievance and any record of the above proceedings. Any relevant evidence or arguments which the Grievant desires to submit or which the Board deems necessary may be presented at the hearing. The Board will thereafter render its decision and submit a written copy of the decision to the Grievant within twenty (20) business days of the hearing. The decision of the Board shall be final.
Section B. Grievance shall be processed according to the following rules:
1. If at any stage of the grievance procedure, the grievant does not take the next step within the time allotted, the grievance shall be settled in the manner recommended or decided at the last step taken by the grievant.
2. All reference to number of days in this procedure shall be determined to mean working school days. In the event grievances are not filed or processed in the manner and within the times set forth above, they shall be forever barred.
3. Grievances shall be processed as rapidly as possible. The number of days indicated in each step shall be considered a maximum and every effort shall be made to expedite the process in a shorter period of time.
4. The parties may mutually agree in writing to extend any of said time periods.
5. It is agreed that the grievant may request information in the possession of the Board necessary for the processing of said grievance. The Board shall consider all such requests in good faith.
6. The grievant may withdraw the grievance at any step.
7. All parties shall have the right to have counsel present in the formal grievance procedure.
8. It is agreed that nothing in the above procedure shall be interpreted in such a way as to modify or reduce the rights guaranteed under the Constitutions and laws of the United States and the State of Kansas.
Appears in 5 contracts
Sources: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violation, misinterpretation, or misapplication violation of the expressed terms of this Agreement or written Board policies affecting working conditions contract. The matter of administrative judgment involving the evaluation of the memberemployee's work performance shall not be the basis of any grievance filed under the procedures outlined in this article. Should a member/Association feel that there has been a violationThe evaluation, he/she will take however, can be used as the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss basis of discharge and discipline and is only at this time subject to the grievance with the Supervisor informally within five procedure. (5) work days of the alleged violation andSee Appendix GIII, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. Grievance Report Form)
B. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall containcontain the following:
a. it 1. It shall be signed by the grievant(s)/Associationgrievant(s) and the Union's grievance chairperson or a Union designee.
b. it 2. It shall be specific;.
c. it 3. It shall contain a synopsis of the facts giving rise to the alleged violation;.
d. it 4. It shall cite the section or subsections sub-sections of this contract or written Board policy alleged to have been violated;.
e. it 5. It shall contain the date of the alleged violation;.
f. it 6. It shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 27. A grievance may not be amended past Level 3. Any written grievance not substantially in accordance with the above requirements may be rejected as improper. Such rejections shall not extend the limitations hereinafter set forth.
C. The term "days" shall mean workdays, or the days the Central Business Office is open, if summer months are involved in the grievance timing.
D. Disposition of grievances will be as follows: The Superintendent or Level 1: SUPERVISOR - INFORMAL LEVEL Any employee having a grievance shall discuss the same with his/her designated agent shall arrange immediate supervisor by himself/herself or with a meeting with the grievant and/or the designated Association Union representative within ten (10) work working days after receipt of the alleged violation in an attempt to resolve the same. Within ten (10) days of the discussion, the supervisor shall give his/her verbal answer to the employee concerning the grievance. In the event the grievance is not satisfactorily resolved at ▇▇▇▇▇ ▇, the Union member may proceed to Level 2 by reducing the grievance to writing in accordance with Paragraph B within ten (10) days of the verbal disposition and filing the same with the employee's immediate supervisor. The Union's grievance chairperson or Union designee's signature must be on all written grievances. Within ten (10) days of filing the written grievance, the immediate supervisor shall hold a meeting with the grievant and the Union's grievance chairperson or Union's designee to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.ten
Appears in 5 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violation, misinterpretation, or misapplication violation of the expressed terms and conditions of this Agreement agreement.
B. The aggrieved shall have the right of Association representation for any or written Board policies affecting working conditions all steps of the membergrievance procedure. Should a memberHowever, an individual employee may have his/her grievance(s) adjusted without the intervention of the Association, if the adjustment is not inconsistent with the terms of this agreement and provided that the Association feel that there has been given an opportunity to be present at any such adjustment. The Association Board of Directors shall have the right to be present and state its views at all steps of the grievance process.
a. When an employee suspects a violation of this Agreement, the affected bargaining unit member(s) shall request a meeting with his/her immediate supervisor in an effort to resolve the complaint. This request shall be made within three (3) days after the occurrence of the alleged violation. If the aggrieved is not satisfied with the result(s) of the meeting, he/she will take may formalize the following steps:complaint in writing as provided hereunder.
b. If a complaint is not resolved in the Step 1: The member1 (a) conference between the affected bargaining unit member(s) and his/Associationher immediate supervisor, with or without the complaint may be formalized in writing, as a designated representative, shall discuss the grievance with the Supervisor informally within five two (52) work days of the alleged violation and, if not resolved, shall file a meeting between the supervisor and the aggrieved. The written grievance with shall meet the Supervisor within fifteen requirements of ¶D of this Article and shall be transmitted to the Assistant Superintendent. Within three (153) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filedhas been so submitted, the Assistant Superintendent shall meet with the aggrieved on the grievance. If no satisfactory The Assistant Superintendent, within three (3) days after the conclusion is reached within five (5) work days following the discussion of the meeting, shall render a written grievance decision thereon with copies to the Association and the grievant(s).
STEP 2: If the aggrieved is not satisfied with the Supervisor, disposition of the member/Association shall submit the written grievance at Step 1 b. or if no disposition has been made within five three (53) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance by the Assistant Superintendent, the grievance shall be transmitted within the next three (3) days to discuss the grievanceSuperintendent of Schools. Within ten (10) work days of after the discussiongrievance has been so submitted, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along meet with the decision of aggrieved on the grievance. The Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days after the conclusion of the meeting, shall render a written decision thereon with copies to the Association and the grievant(s).
STEP 3: If the aggrieved is not satisfied with the disposition of the grievance at Step 2 or if no disposition has been made within twenty (20) days from the Superintendent's receipt of the Superintendentgrievance, the aggrieved may, within the next three (3) days, request a meeting with the Board or the Board's decisionTransportation Committee for the purpose of resolving the grievance. Such a meeting will be held within ten (10) days of the request. It is understood that the ultimate decision on the grievance will be rendered by the Board at its next regularly scheduled meeting after the grievance hearing.
STEP 4: If the Association is not satisfied with the disposition of the grievance at Step 3, it may request mediation of the grievance through a mediator appointed by the Michigan Employment Relations Commission. Any cost for such mediation shall be borne by the requesting party.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be is defined as an alleged violation, misinterpretation, misinterpretation or misapplication of any Article or Section of this Agreement or written Board policies affecting working conditions Agreement. The following procedure shall be used: STEP ONE: Any grievance must first be taken up within ten (10) school days of its occurrence by discussion with the Administrator's immediate supervisor. The Association may accompany the individual grievant on this occasion. If not resolved and intended to be carried forward, the grievance shall be reduced to writing and given to the immediate supervisor within fifteen (15) school days after the event occurred of which complaint was made. STEP TWO: During the period of the membernext eight (8) school days, the grievant and/or the Association shall meet with the immediate supervisor to attempt a resolution of the grievance. Should a member/Association feel that there has been a violationDuring this period, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, said immediate supervisor shall discuss indicate disposition of the grievance in writing with a copy to the Supervisor informally grievant. If the grievance is not resolved and is intended to be carried forward, such must be done within five (5) work school days after the conclusion of Step Two. STEP THREE: During the period of the alleged violation andnext eight (8) school days, if not resolved, the grievant and/or the Association shall file a written grievance meet with the Supervisor within fifteen (15) work days Superintendent to attempt a resolution of the alleged violation grievance. During this period, said Superintendent shall indicate disposition of the grievance in writing with a copy to the grievant. If the grievance is not resolved and discuss the written grievance with the Supervisor is intended to be carried forward, such must be done within five (5) work school days after the conclusion of Step Three. STEP FOUR: The grievance is filed. If no satisfactory conclusion is reached within five (5) work days following may be transmitted to this Step by filing a written copy with the discussion Secretary of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2Board. The written grievanceBoard shall, as during the next three (3) calendar weeks, meet in private session (or in public session if required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting Open Meetings Act) with the grievant and/or the designated Association representative within ten (10) work days after receipt concerning the grievance. Disposition of the grievance to discuss in writing by the grievance. Within ten Board shall be made within seven (107) work calendar days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a after said meeting and copy of the same furnished to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent grievance is unsatisfactory not thereby resolved and is intended to the Associationbe carried forward, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board notification shall be given as set forth below in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionStep Five.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Employment Agreement, Employment Agreement
GRIEVANCE PROCEDURE. A. The following procedure shall be utilized in the processing of employee grievances: Step One A grievance must be in writing. A grievance shall be defined as an alleged violation, misinterpretation, signed by the Grievant or misapplication his/her authorized designee. In the case of this Agreement or written Board policies affecting working conditions a grievance on behalf of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with shall be signed by the Association’s authorized representative. Grievances shall be submitted to the Supervisor informally within five (5) work days who is most directly involved in the matter that is the subject of the alleged violation andgrievance, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days workdays of the date the Grievant or the Association knew or reasonably should have known of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisorevent, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievanceact, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts or occurrence giving rise to the alleged violation;grievance. Copies of the grievance shall be concurrently served upon the Assistant Superintendent for Human Resources and Legal Services and the Association. Within ten (10) workdays of receipt of the grievance, the supervisor shall meet with the Grievant and, if requested, the designated representative of the Association and/or the Association’s Executive Director, in an effort to resolve the grievance. Other representatives of the Employer may also attend such meeting if desired by the Employer. The supervisor shall provide the Grievant and the Association Representative with a written answer to the Grievant within ten (10) workdays of the Step One meeting. All written grievances must contain the following items:
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been a. The provision allegedly violated;
e. it shall contain the b. The date of the alleged violation;
f. it shall specify c. A description of the incident or occurrence giving rise to the grievance;
d. A statement of how the employee was injured by the Employer’s action and the relief requestedsought;
g. it shall indicate approval e. A list of those witnesses believed to have personal first hand knowledge of the incident or disapproval by occurrence giving rise to the Association.grievance. The list of witnesses may be supplemented at any time as additional witnesses become known to the grievant or the Union;
Step 2: f. The Superintendent signature of the grievant(s). If the Grievant or his/her designated agent shall arrange a meeting the Association is not satisfied with the grievant and/or decision of the supervisor at Step One, the Grievant or Association may appeal the grievance to Step Two by filing a written notice of appeal with the Assistant Superintendent for Human Resources and Legal Services (or other designated Association representative within of the Employer) no later than ten (10) work days after receipt of workdays following the grievance to discuss date the grievanceAssociation Representative received, or should have received, the Supervisor’s answer at Step One. Within ten (10) work days workdays of receipt of the discussiongrievance at Step Two, by either appeal or automatic advancement, the Assistant Superintendent for Human Resources and Legal Services (or his/her other designated agent shall render his/her decision in writing, transmitting a copy representative of the same Employer) shall meet with the Grievant and, if requested by the Grievant, the designated representative of the Association and/or the Association’s Executive Director in an effort to resolve the grievance. Other representatives of the Employer may also attend such meeting if desired by the Employer. The Assistant Superintendent for Human Resources and Legal Services (or other designated representative of the Employer) shall provide the Grievant and the Association Representative with a written answer to the grievant, grievance within ten (10) workdays of the Step Two meeting. If the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If is not satisfied with the decision of the Assistant Superintendent is unsatisfactory for Human Resources and Legal Services* Step Two, or if no answer has been provided to the AssociationGrievant and the Association at Step Two within the time permitted for doing so, the Association may appeal same the grievance to Step Three Arbitration. Grievances shall be arbitrated separately unless otherwise agreed in writing between the Board of Education by filing Employer and the Association. File a written grievance, along Demand for Arbitration with the decision Assistant Superintendent for Human Resources and Legal Services* no later than ten (10) workdays following the date the Association Representative received, or should have received, an answer at Step Two. The Association’s Executive Director and the Assistant Superintendent for Human Resources and Legal Services* shall attempt to agree on the selection of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, an Arbitrator. If agreement cannot be reached within ten (10) work workdays of the Demand for Arbitration the Association shall have up to thirty (30) calendar days following the date the Association Representative received, or should have received, the answer at Step Two, as above provided, to file a Demand for Arbitration with the American Arbitration Association (AAA). The Voluntary Labor Arbitration Rules of the AAA shall govern the arbitration hearing; in effect at the time the Association’s Demand for Arbitration is filed. All hearings shall be held at a mutually agreeable site. The Arbitrator shall have no power to add to, subtract from or modify any of the terms of this Agreement, nor shall he/she substitute his/her discretion for that of the Employer or the Association where such discretion has been retained by the Employer or the Association. The fees and approved expenses of the Arbitration shall be borne equally by the Association and the Employer. If the hearing is held at the Employer’s or the Association’s facilities there shall be no charge. All other expenses shall be borne by the party incurring them. The Arbitrator shall mail the decision directly to the parties within thirty (30) calendar days of receipt the close of the Superintendent's decisionarbitration hearing, or such later date as approved by the parties. The Arbitrator’s decision established by this Agreement shall be final and binding upon the Employer, the Association and the employee or employees involved.
Appears in 4 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. A Section 1. The grievance procedure is a formal mechanism intended to assure that employee grievances arising from misunderstandings that may develop in the administration of this agreement are promptly heard, answered, and appropriate action taken to correct a particular situation.
Section 2. The term grievance shall be defined as mean an alleged violationallegation by a bargaining unit employee or the Union that there has been a breach, misinterpretation, or misapplication of the express terms of this Agreement agreement. Unsafe or written Board policies affecting unhealthy working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance not acted upon in accordance with the Supervisor informally within five (5) work days provisions of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor Article 5 may be processed at Step 3 within fifteen (15) work days of the alleged violation and discuss written report to the written Chief.
Section 3. A grievance, under this procedure, may be brought by any employee or the Union. Where a group of employees desires to file a grievance with involving a situation affecting each member in the Supervisor within five (5) work days after same manner, one member selected by such group or the Union may process the grievance.
Section 4. A grievance is filed. If no satisfactory conclusion barred unless it is reached presented at Step 2 within five thirty (530) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work calendar days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts actual event giving rise to the alleged violation;grievance.
d. it Section 5. All grievances must be processed at the proper step in the progression in order to be considered at the subsequent step.
Section 6. The Labor Council agrees to indemnify and hold the Employer harmless against any and all claims, demands, suits, or other forms of liability that may arise out of any determination that the Labor Council failed to fairly represent an employee during the exercise of his rights as provided by the Grievance and Arbitration Procedure contained herein.
Section 7. A grievance shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it be submitted in writing and shall contain the date following information:
A. aggrieved employee's name;
B. aggrieved employee's classification;
C. name of the alleged violationemployee's immediate supervisor;
f. it shall specify D. date and time of the relief requestedincident giving rise to the grievance;
g. it shall indicate approval or disapproval by E. date and time the Association.grievance was first discussed;
Step 2: The Superintendent or his/her designated agent shall arrange F. a meeting with statement as to the grievant and/or the designated Association representative within ten (10) work days after receipt specific articles and sections of the grievance to discuss agreement violated; G. a brief statement of the facts involved in the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.; and
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A 14.1 For the purpose of this Agreement, the term "grievance" means any dispute between the City and the Union, or between the City and any employee concerning the interpretation, claim of breach, or violation of this Agreement, and the term "management" shall include the City and any of its supervisory personnel. The City and the Union encourage the use of the Early Mediation Process prior to issues becoming the subject of grievances. Participation in the process is entirely voluntary, confidential and does not impact grievance rights. Any alleged grievance shall be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed taken up by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or employee with his/her designated agent supervisor within twenty-four (24) calendar days of reasonable knowledge of the occurrence, except for grievances relating to discipline which shall arrange a meeting with the grievant and/or the designated Association representative be filed within ten (10) work calendar days of receipt of written notification of final disciplinary action by the Chief of the Fire Department. The above participants agree to make every effort to settle the grievance at this stage promptly; however, if no satisfactory settlement is reached, the following procedure shall apply:
14.2.1 Grievances shall be submitted at the Step in which there is authority to adjudicate such grievance as provided for in the Article.
Step 1 The grievance shall be reduced to written form by the aggrieved employee and/or Union, stating the section of the Agreement violated and explaining the grievance in detail. The Station ▇▇▇▇▇▇▇ or Union Representative shall present the written grievance to the employee’s supervisor within ten (10) calendar days after the alleged grievance is taken up by the employee with his/her supervisor, who shall transmit the written grievance to the next higher level supervisor. This supervisor shall convene a meeting within ten (10) calendar days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along between the Station ▇▇▇▇▇▇▇, Union Representative, aggrieved employee, together with the decision relevant supervisors, and any other witnesses and/or members of management whose presence is deemed necessary to a fair consideration of the Superintendentgrievance.
Step 2 If a grievance remains unresolved after the written decision is delivered in Step 1 or if the grievance is initially submitted at Step 2 per Section 14.2.1, with it shall be transmitted in writing by the officer aggrieved employee and/or Union involved to the Chief of the Board in charge Fire Department with a copy to the Director of drawing up Labor Relations. Said transmittal must be accompanied by the agenda for following information:
a. Nature of dispute
b. Contract provision(s) allegedly violated
c. Remedy sought The Chief of the Board's meeting, Fire Department shall not be required to consider a grievance which is not referred to him/her within ten (10) work calendar days following the Step 1 decision or if the grievance was initially submitted at Step 2, within (24) calendar days following an alleged violation not related to discipline. A grievance properly filed shall be investigated by the Chief of the Department and/or the Director of Labor Relations or their respective designees. Such investigation, if deemed appropriate by the Chief of the Fire Department, may include a conference with the employee involved and his/her Union representative, if he/she has designated one. The Director of Labor Relations or his/her designee may thereafter make a confidential recommendation to the Chief of the Fire Department. The Chief of the Department shall make a decision on the matter in writing via certified mail within ten (10) calendar days from the date when it was first received by him/her; provided, however, the Chief of the Department may waive investigating and answering the grievance at Step 2 and defer a decision to Step 3 within ten (10) calendar days of receipt of the Superintendentgrievance. Copies of the Chief's decision shall be furnished to the aggrieved, his/her Union representative and the Director of Labor Relations. 2 may be transmitted in writing to the Director of Labor Relations by the aggrieved employee and/or Union, requesting a review by the Grievance Board, or submitted to Step 4 as provided in this Article. The Grievance Board shall not be required to consider a grievance which is not referred to the Director of Labor Relations within ten (10) calendar days following receipt of written notification of the Step 2 decision.. The Director of Labor Relations or his/her designee listed below shall convene the Grievance Board within ten
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violation, misinterpretation, Any claim by the Association or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel any teacher that there has been a violation, misinterpretation or misapplication of the terms of this Agreement shall be defined as a grievance and shall be resolved through the procedures set forth herein.
B. All time limits set forth herein shall refer to business days. Time limits are to be extended only by mutual written consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered substantive and failure to conform to them shall mean default by the party failing to conform.
C. The District agrees that the Association may designate building representatives and an alternate building representative who shall be teachers. The Association will furnish the District with the names of its building representatives, alternates, and Grievance Chairperson and such changes as may occur from time to time in such personnel so that the District may at all times be advised as to the authority of the individual representatives of the Association with whom it is dealing. Until the District has received written notice from the Association, it shall not be required to deal with such teachers purporting to be representatives. It is understood that, whenever possible, grievance problems will be handled at times other than when the teacher is at work. In the event, however, in the handling of a grievance, it becomes necessary for building representative to leave his/her work, he/she shall first obtain permission from his/her Supervisor or Principal. The privilege of the building representative leaving during his/her working hours without loss of time or pay is subject to the understanding that such time will take be devoted to the following stepsproper handling of the grievance; will be done as expeditiously and with as little interruption to work as possible; must not leave any students unattended; and that the privilege will not be abused. The building representative shall return to his/her work as promptly as possible and upon returning shall report at once to his/her Principal.
D. A written grievance as required herein shall contain the following:
Step 1: The member/Association, with or without a designated representative, . It shall discuss the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step be signed.
2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it It shall be specific;.
c. it 3. It shall contain a synopsis of the facts giving rise to the alleged violation;violations.
d. it 4. It shall cite the section or subsections subsection of this contract or written Board policy alleged to have been violated;.
e. it 5. It shall contain the date of the alleged violation;.
f. it 6. It shall specify the relief requested;
g. it shall indicate approval or disapproval by . Any written grievance not in accordance with the Associationabove requirements may be rejected as improper. Such a rejection will not extend the limitations herein set forth.
Step 2E. LEVEL 1: The Superintendent or No grievance shall be processed unless it is presented at Level 1 within five (5) days of its occurrence. Any teacher who believes he/she has a grievance must present such grievance on an informal basis with his/her designated agent immediate supervisor. The Association Building Representative shall arrange a schedule the meeting with the grievant and/or immediate supervisor and the designated Building Representative or the Grievance Chairperson shall be present at the informal conference. If the grievance is not resolved on an informal basis, the grievance shall be reduced to writing by the Association representative within ten (10) work days of its occurrence or knowledge of its occurrence. Within five (5) days after the presentation of a written grievance, the immediate supervisor shall give his/her answer in writing to the grievant and the Association. In the event the grievance involves more than one (1) grievant or is filed by the Association, it will be filed with the appropriate administrator who is empowered to remedy the alleged grievance. LEVEL 2: In the event that the Association is not satisfied with the disposition of the grievance, the Association shall file a copy of the written grievance within five (5) days of the immediate supervisor’s written answer at Level One to the Superintendent of Schools or his/her designee. Within five (5) days of receipt of the grievance to discuss the written grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent designee shall render hold a meeting in an attempt to resolve the alleged grievance. Only the necessary persons as determined by the Superintendent and the Association’s Grievance Chairperson shall be present at the meeting. Within five (5) days upon conclusion of the meeting, the Superintendent or his/her decision in writingdesignee shall present the Association’s Grievance Chairperson, transmitting the President, and the Grievant with a copy of the same written answer to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her officealleged grievance. LEVEL 3: If the decision of the Superintendent alleged grievance is unsatisfactory to the Associationnot settled at Level 2, the Association may appeal same it shall be referred in writing to the Board of Education by filing a written grievance, along with within five (5) days after the decision date of the disposition by the Superintendent or his/her designee in Level 2, or upon referral by the Superintendent, with . The Board of Education or Committee thereof shall hold a hearing to consider the officer alleged grievance. The Association shall have an opportunity to present its views at this level. The Board of Education or Committee thereof shall render a decision on the alleged grievance and present it in writing to the Association within twenty-five (25) days after the date the matter was referred to the Board of Education. LEVEL 4: If the alleged grievance is not settled at Level 3, the matter may be referred to arbitration in charge of drawing up writing by the agenda for the Board's meeting, Association within ten (10) work days of receipt from the date of the Superintendent's decision.Board’s decision at Level
Appears in 4 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violation17.1 Where a difference arises between the Employer and the Union or a Local Union relating to the interpretation, misinterpretation, application or misapplication administration of this Agreement or written Board policies affecting working conditions where an allegation is made that discharge of an employee is unjust or that this Agreement has been otherwise violated, the difference of opinion or dispute, including any question as to whether a matter is arbitrable, shall be resolved without stoppage of work in the following manner.
17.2 The Job ▇▇▇▇▇▇▇ or Business Manager of the member. Should a member/Association feel that there has been a violation, he/she will take Local Union shall attempt to resolve the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss difference on the grievance job with the Supervisor informally ▇▇▇▇▇▇▇ or Superintendent of the Employer.
17.3 If the difference is not resolved within five (5) work working days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisoroccurrence, the member/Association aggrieved party shall submit the written grievance difference and the remedy sought in writing to the Executive Director of the Association and the International Representative of the Union within five sixty (560) work days of occurrence, or in the discussion with the Supervisor to Step 2. A grievance which is not within the scope case of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meetingunjust discharge, within ten (10) work days of occurrence. Failure to submit the difference in writing within the specified time periods shall result in the matter being deemed to be waived. The foregoing time limitations shall not apply where there has been a failure or refusal to remit employer contributions or deductions from employees as provided for in this Agreement.
17.4 Upon receipt of the matter complained of in writing, the Executive Director and the International Representative shall take such steps as they deem necessary to attempt to adjust such difference of opinion or dispute. If the difference is not resolved within five (5) days of receipt of written submission, the Superintendent's Executive Director and the International Representative may, upon mutual agreement of the parties, refer the matter to a Pipeline Industry Grievance Panel.
17.5 Where the parties agree to refer the matter to a Pipeline Industry Grievance Panel, such Panel shall be drawn from among the regular and alternate members of the Canadian Pipeline Advisory Council or their designated substitutes. The Chairman of the Advisory Council shall appoint two (2) representatives of the participating Unions and the Chairman of the National Labour Relations Committee shall appoint two (2) representatives of the participating Association Members to serve on the Panel. In no case and at no time shall representatives of the Union or the Employer involved in the grievance be appointed to the Panel.
17.6 The Pipeline Industry Grievance Panel shall meet and render a decision within five (5) days of appointment. A unanimous decision of the Panel shall be final and binding.
17.7 In the event that the parties do not agree to the Panel procedure or the Panel arrives at a majority decision which either party to the dispute is unwilling to accept, or the Panel is unable to arrive at a decision within the prescribed time limits, the matter shall be referred to an Arbitration Board consisting of two (2) members, one to be named by the Employer and one by the Union. These two (2) members shall choose a third member as Chairman. If either party to the dispute fails to appoint its member or if no third member can be agreed upon within forty-eight (48) hours, then application shall be made to the appropriate governmental authority over labour matters for the appointment of a person to represent the defaulting party or a third member to act as Chairman. The Arbitration Board shall meet and render its decision within fourteen (14) days, however, this time limit may be extended by mutual consent. The decision of the majority of the Arbitration Board shall be final and binding. If there is no majority decision, then the decision of the Chairman shall constitute the decision of the Board. Each party shall bear the expense of its appointee and both parties shall share equally the expense of the Chairman.
17.8 The time limitations specified herein may be extended only by mutual agreement of the parties or by order of the Chairman of the Arbitration Board.
17.9 Pending settlement of any grievance, it is agreed that the work shall be prosecuted without slowdown, work stoppage or lockout.
Appears in 4 contracts
Sources: Mainline Pipeline Agreement, Mainline Pipeline Agreement, Mainline Pipeline Agreement
GRIEVANCE PROCEDURE. A. 19.01 A grievance shall be “grievance” is the allegation by an employee that the Board has misinterpreted, misapplied, or violated a specific and express term of this written Agreement. A “grievant” is defined as an alleged violation, misinterpretation, employee or misapplication group of this Agreement or written Board policies affecting working conditions employees (class action) of the member. Should local having a member/Association feel that there grievance.
19.02 An employee who has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, grievance shall discuss the grievance with his or her supervisor within ten (10) days of the Supervisor informally occurrence of the act or event on which the grievance is based.
19.03 If the grievant is not satisfied with the resolution of the issue at the Supervisor’s level, he shall file the grievance with the Superintendent within ten (10) days of the supervisor’s response. The Superintendent or his designee shall hold an informal hearing with the employee within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days Superintendent’s receipt of the alleged violation grievance. The Superintendent or designee shall make his decision on the grievance and discuss email it to the written grievance with the Supervisor employee within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with informal hearing.
19.04 If the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed action taken by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of does not resolve the grievance to discuss the grievance. Within ten (10) work days satisfaction of the discussionaggrieved party, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association aggrieved party may appeal same the grievance to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meetingFMCS Grievance Mediation, within ten (10) work days of receipt of the written Superintendent's decision’s disposition. The parties shall first attempt to agree on an FMCS mediator. If unable to agree, the Union will request for FMCS to appoint a mediator. The mediator will conduct mediation in accordance with FMCS procedures.
19.05 If mediation does not resolve the grievance, the grievant may, within ten (10) days of the mediation session, appeal the grievance by submitting a written request for arbitration to the Union, with a copy to be furnished to the Superintendent. The Union shall decide whether or not to file for arbitration. If the Union decides to proceed to arbitration, it must do so within five (5) days by mailing a written request to the Federal Mediation and Conciliation Service with a copy to be furnished to the Superintendent, for a list of seven (7) arbitrators. Either party may request that a second list of seven (7) names be furnished. The arbitrator shall have no power to add to, subtract from, modify, or alter any provisions of this Agreement. The fees and expenses of the arbitrator shall be borne solely by the losing party; if the losing party is not clearly identifiable, the arbitrator shall apportion his fees and expenses between the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party. The decision of the arbitrator shall be final and binding.
19.06 This grievance procedure constitutes the sole and exclusive means of raising and seeking a remedy for an alleged misinterpretation, misapplication, or violation of this Agreement. Neither the Union nor any employee shall take any other action alleging a violation of this Agreement, including but not limited to the filing of an unfair labor practice charge(s) or the initiation of judicial proceedings of any type in connection with any dispute which could have been, was, or is the subject of a grievance under this Article.
Appears in 4 contracts
Sources: Negotiated Agreement, Collective Bargaining Agreement, Negotiated Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an 11:01 Should a dispute arise between the Employer and the employee regarding the interpretation, application or alleged violation, misinterpretation, or misapplication violation of this Agreement, including any question as to whether a matter is arbitrable or where an allegation is made that this Agreement or written Board policies affecting working conditions has been violated, an ▇▇▇▇▇▇▇ effort should be made to settle the dispute in the following manner:
STEP 1: An employee having a complaint shall within 7 calendar days of the memberevent giving rise to the complaint, discuss such complaint with their immediate supervisor. Should The employee may have the accompaniment of a member/Association feel that there has been ▇▇▇▇▇▇▇ during this process. Failing a violationsatisfactory resolution, he/she will take the following steps:employee shall follow Step 2.
Step 1STEP 2: The memberemployee concerned together with his/Associationher ▇▇▇▇▇▇▇ or member of the Grievance Committee shall, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work calendar days following such discussion with his/her supervisor, submit the signed grievance in writing to his/her immediate Manager or Department Head, stating the nature of the grievance, the remedy sought and specify the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15violation(s) work days of the alleged violation and discuss the written grievance with the Supervisor Collective Agreement. The Manager or Department Head shall thereupon render a decision in writing within five (5) work calendar days after following receipt of the grievance grievance.
STEP 3: If the decision under Step 2 is filed. If no satisfactory conclusion is reached unacceptable to the grievor, he/she may, within five (5) work calendar days following the discussion receipt of such decision, together with his/her ▇▇▇▇▇▇▇ or a member of the written grievance with the SupervisorGrievance Committee, the member/Association shall submit the written grievance in writing, to the Director of the area. The Director shall render a decision thereon within five (5) work calendar days following receipt of the Grievance.
STEP 4: If the decision rendered under Step 3 is unacceptable to the grievor, he/she may, within five (5) calendar days following receipt of the said decision, submit the grievance in writing to the Employee Relations Manager of the Employer. The Employee Relations Manager shall render a decision in writing within five (5) calendar days of receiving the same, except that the Employee Relations Manager shall call a meeting with the Grievance Committee hereinbefore referred to, at which time the grievor may be in attendance if he/she so desires. In the event the Employee Relations Manager shall call such a meeting such meeting will be held within fourteen (14) calendar days from the date upon which the grievance was submitted to the Employee Relations Manager. Further, in the event such meeting is called, the Employee Relations Manager shall within five (5) calendar days of the discussion with date of such meeting render a decision in writing.
STEP 5: If the Supervisor to Step 2. A grievance which decision of the Employee Relations Manager is not acceptable to the grievor, the Union may, on the giving of notice within seven (7) calendar days following receipt of the scope said decision, notify the Employer through the Employee Relations Manager of his/her intention to refer the dispute to arbitration.
11:02 The Employer shall grant sufficient time to a Supervisor's authority may be filed initially at step 2▇▇▇▇▇▇▇ for the investigation and the adjustment of grievances without loss of pay. The written ▇▇▇▇▇▇▇ shall notify and secure permission of his/her immediate supervisor when leaving and returning to his job to investigate or adjust a grievance, as required hereinand such permission shall not be withheld.
11:03 Replies to grievances shall be in writing at all stages.
a) The Grievance Committee of the Union hereinbefore referred to shall be comprised of the President, Recording Secretary, Chief ▇▇▇▇▇▇▇, the ▇▇▇▇▇▇▇ from the grievor's department, and one (1) other employee who shall contain:be a member of the Union executive or another ▇▇▇▇▇▇▇.
a. b) The Grievance Committee of the Union and the Employer shall establish a monthly schedule of meetings covering all departments to meet and attempt to resolve grievances in good faith. Where meetings are cancelled due to unforeseen circumstances, it shall be signed by the grievant(s)/Associationobligation of the Employer to arrange an alternate meeting to be held before the next scheduled meeting.
b. it 11:05 Any and all time limits fixed by this Article may, at any time, be extended by written mutual consent of both parties.
11:06 The Union shall be specific;
c. it shall contain ensure that employees who submit a synopsis grievance state the Article(s) or clause(s) alleged to have been violated on the grievance form and at Steps 3, 4, and 5, state on the original grievance form, why they do not find acceptable the replies previously given by representatives of the facts giving rise Employer. The Employer shall likewise ensure that in all responses to the alleged violation;
d. it shall cite Union, at stages 2, 3, 4 and 5, representatives of the section or subsections of this contract or written Board policy Employer take care to address the specific Article(s) and clause(s) alleged to have been violated;, and why they do not find a violation has occurred.
e. it 11:07 Where a number of employees have identical grievances and each employee would be entitled to grieve separately, they shall contain present a group grievance in writing, signed by each employee, to the date Employee Relations Manager within seven (7) calendar days following the occurrence or origination of the common circumstances giving rise to the grievance commencing at Step 2 of the Grievance Procedure. The grievance shall then be treated throughout the balance of the Grievance Procedure as a single grievance.
11:08 The Union shall have the right to file a grievance based on a difference arising directly out of the Agreement concerning the interpretation, application, administration or alleged violation;
f. it violation of this Agreement. A Union grievance shall specify the relief requested;
g. it shall indicate approval or disapproval be presented in writing, signed by the Association.
Step 2: The Superintendent Union President or his/her designated agent shall arrange a meeting with designate to the grievant and/or the designated Association representative Employee Relations Manager within ten seven (107) work calendar days after receipt the circumstances giving rise to the complaint having occurred. The grievance shall then be processed in accordance with Step 4 of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionGrievance Procedure.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violation, misinterpretationa. Step 1
(1) Within 20 days after the grievant knew, or misapplication of this Agreement or written Board policies affecting working conditions could reasonably be expected to have known, of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with events or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work days of conditions upon which the alleged violation andgrievance is based, if not resolved, the grievant or Federation as prescribed by this Article shall file submit a written grievance with to the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2appropriate District-designated administrator. A grievance which is not filed in writing by the grievant or Federation within the scope of a Supervisor's authority may 20-day time limit cannot be filed initially at step processed.
(2. ) The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it grievance shall cite the section or subsections provision(s) of this contract or written Board policy Agreement that are alleged to have been violated;
e. it , misapplied, or misinterpreted, and written grievance shall contain describe in clear and concise language the date acts or omissions giving rise to the grievance, the circumstances involved, and the specific remedy sought. If the grievance relates to a decision to nonreelect a first or second contract faculty member as described in Education Code Section 87610.1(b), the grievance shall describe in clear and concise language the violation(s) of the alleged violation;
f. it evaluation article that form the basis of the grievance. If the grievance relates to a decision to deny tenure to a contract faculty member serving under his or her third contract, the contract faculty member shall specify describe in clear and concise language the relief requested;
g. it shall indicate approval basis for his or disapproval her assertion that the denial of tenure was unreasonable. If a unit member is alleging the improper denial of an additional FSA by the Association▇▇▇▇▇▇▇ Community College District, then he or she shall describe in clear and concise language the basis for his or her assertion that the denial of the FSA was improper.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within (3) Within ten (10) work working days after receipt of the grievance form, the District- designated administrator shall meet informally with the grievant and the Federation representative, if requested by the grievant, and within ten days following the meeting shall provide a written decision to discuss the grievant and the Federation stating the outcome of the informal meeting, the proposed resolution of the grievance, or the reasons for not resolving the grievance.
b. Step 2
(1) If the grievance is not resolved at Step 1, the Grievant may appeal in writing the decision at Step 1 to the District’s CEO or his or her designee. Within The appeal shall be made within ten (10) work days of the discussiondate of the decision at Step 1, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting and include a copy of the same to the grievantoriginal grievance, the Association representativedecision rendered at Step 1, and appropriate Supervisor, and place a copy of same in a permanent file in his/the reasons for the appeal.
(2) The CEO or his or her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along designee shall meet with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, grievant and his or her representative within ten (10) work days of receipt of the Superintendent's decisionStep 2 appeal. Following the meeting, the CEO may request additional information or argument from either the grievant and/or his or her representative, as well as from the District designated administrator. Upon receiving the additional information or argument, the CEO shall inform the parties that he or she has taken the matter under submission. The CEO or his or her designee shall prepare a written decision which shall be forwarded to the grievant and the association within ten days of taking the matter under submission.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A Time of Answers 50 - The Employer will answer in writing any grievance shall be defined presented to it in writing by the Union as an alleged violationindicated below, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of unless the member. Should a member/Association feel that there has been a violation, he/she will take the following stepstime is extended by mutual agreement:
Step 1: The member/Association, with or without a designated representative, shall discuss a. By the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the District Supervisor within five (5) work working days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain from the date of the alleged violation;
f. it shall specify meeting at which the relief requested;
g. it shall indicate approval or disapproval by the Associationgrievance was discussed.
Step 2: The Superintendent b. By the Administrative Head of a unit or division within seven (7) working days from the date of the meeting at which the grievance was discussed.
c. By the Director of Employee Relations or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten seven (107) work working days from the date of the meeting at which the grievance was discussed.
d. The grievance must be presented in writing by the Chief ▇▇▇▇▇▇▇ to the Administrative Head of a unit or division within fifteen (15) working days after receipt its occurrence, except as provided for in Paragraph 67, in order to be a proper matter for the grievance procedure.
B. Time of Appeals 51 - Any grievance not appealed from an answer at Step II of the grievance procedure to discuss the grievance. Within ten (10) work days Step III of the discussion, grievance procedure within seven (7) working days after such answer shall be considered settled on the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy basis of the same last answer and not subject to the grievantfurther review. 52 - A grievance may be withdrawn without prejudice, the Association representativeand, and appropriate Supervisorif so withdrawn, and place a copy of same in a permanent file in his/her officeall financial liabilities shall be cancelled. If the decision grievance is reinstated, the financial liability shall date only from the date of reinstatement. If the grievance is not reinstated within three (3) months from the date of withdrawal, the grievance shall not be reinstated. Where one or more grievances involve a similar issue, those grievances may be withdrawn without prejudice pending the disposition of the Superintendent is unsatisfactory to the Associationappeal of a representative case. In such event, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionwithdrawal without prejudice will not affect financial liability.
Appears in 4 contracts
Sources: Union Contract, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. 5.01 A grievance herein shall mean a difference between the Board and the Senior Officer’s Association, or the Board and the Member of, arising from the interpretation, application or administration or alleged violation of the agreement.
5.02 A grievance must be submitted by the Senior Officer’s Association on behalf of any Member.
5.03 If a Member has a grievance , the Member shall submit the same to the Senior Officer’s Association which will, if it concurs, set the same out in writing, in duplicate and submit the same to the Chief of Police.
5.04 Any grievance shall be defined as an alleged violation, misinterpretation, or misapplication submitted to the Chief of this Agreement or written Board policies affecting working conditions Police within thirty (30) days after the subject matter of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:grievance first occurred.
Step 1: The member/Association, with or without a designated representative, shall discuss 5.05 At any stage of the grievance with the Supervisor informally Senior Officer’s Association or the Board may be represented by counsel.
5.06 The Chief of Police shall hear the grievance within ten (10) days of receiving it, after giving the Association 48 hours notice of the hearing. The Association and/or the Member shall be heard. The Chief of Police shall provide his written decision to the Association and the Board within five (5) work days of the alleged violation andhearing.
5.07 If the Senior Officers Association is not satisfied with the decision of the Chief of Police , if not resolved, shall file a the written grievance shall be returned to him within ten (10) days of its receipt with a request that it be submitted to the Supervisor Board. The Board shall within fifteen (15) work days set a date to hear the Member and the Association. The Board shall forward a written decision to the Association within fifteen (15) days of the alleged violation and discuss the written grievance with the Supervisor hearing.
5.08 The Senior Officers Association may within five (5) work thirty days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion receipt of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along endorsed with the decision of the SuperintendentBoard, with forward to it a request in writing that the officer matter in dispute be submitted to arbitration.
5.09 Each party to the arbitration as set out in this section shall share equally in the cost of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionarbitration.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. 1. A grievance shall be defined as an alleged violation, misinterpretation, a specific violation or misapplication of this Agreement or written Board policies affecting working conditions any provision of the membercollective bargaining agreement.
2. Should This grievance procedure is not intended to affect the normal communication between the principal and the teacher in the discussion of problems which may exist. It is expected that any problem or potential problem would first be discussed by the teacher with the building principal.
3. If after this informal discussion the teacher believes there is a member/Association feel that there has been basis for a violationformal grievance, he/she will shall state this to the building principal no later than fifteen (15) school days after the occurrence that gave rise to the alleged grievance. The principal and the teacher shall mutually set a date for a formal meeting in an attempt to resolve the difference. At this meeting, the teacher may be accompanied by a representative of the Association and the principal by a member of the Administrative staff. If resolution is not achieved as a result of the verbal discussion with the building principal, a formal written grievance may be presented not later than three (3) school days after the formal meeting with the principal. The written formal grievance must include the grievant’s name, the date alleged on which the alleged contract violation occurred, the contract section(s) alleged to have been violated, a brief summary of the facts underlying the alleged contract violation(s), and the relief sought by the grievant.
4. Within three (3) school days after receipt of the written grievance, a meeting of the parties shall take place in an effort to resolve the following steps:grievance. Following this meeting, a written answer to the aggrieved shall be returned by the principal within three (3) school days.
Step 1: The member/Association5. If resolution is not achieved or the meeting does not take place within the three (3) school day period, with the grievance may be transmitted to the Superintendent or without a designated representative, .
6. A meeting of the parties shall discuss the grievance with the Supervisor informally take place within five (5) work school days of the alleged violation anddate the grievance is appealed to the Superintendent to review the facts, if not resolved, and the Superintendent shall file provide a written answer to the aggrieved within three (3) school days after the meeting.
7. If the grievance is not resolved at the superintendent's level or if the meeting with the Supervisor Superintendent does not take place within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days school day period, or if a written answer is not received by the grievant within the three (3) school day period after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of Superintendent, then the grievance shall be transmitted to discuss the grievance. Within ten (10) work days Board, at the option of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of by giving to the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, notice within ten three (103) work school days of receipt of the Superintendent's decisionlast required act. If the grievance is transmitted to the Board, the Board shall, not later than its next regular meeting, hold a hearing on the grievance in executive session. The Board will provide a confidential written answer to the grievant and his/her representative no later than the next regular Board meeting.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be is defined as an alleged violation, misinterpretation, violation of a specific article or misapplication section of this Agreement agreement. If any such grievance arises, there shall be no stoppage or written Board policies affecting suspension of work because of such grievance, but such grievance shall be submitted to the following grievance procedures.
B. Step One Within ten (10) working conditions days of the member. Should time the employee knew or should have known of the act or condition upon which the grievance is based, the employee, either personally or accompanied by a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated Forum representative, shall will discuss the grievance with the Supervisor informally within five her/his principal during lunch, break times, or after working hours. Within ten (510) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work working days after receiving the grievance, the principal shall present to the employee his/her oral response.
C. Step Two If the grievance is filed. If no satisfactory conclusion is reached not resolved in Step One, the employee may, within five ten (510) work working days following the discussion of receipt of the principal’s oral answer, submit to the principal a written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days “statement of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be ” signed by the grievant(s)/Association.
b. it employee. The form to be used for this “statement of grievance” appears in Appendix C of this agreement. A copy shall be specific;
c. it given to the principal involved at the time. The “statement of grievance” shall contain a synopsis of name the employee involved, shall state the facts giving rise to the alleged violation;
d. it grievance, shall cite identify by appropriate reference all the section or subsections provisions of this contract or written Board policy agreement alleged to have been be violated;
e. it , shall contain state the date contention of the alleged violation;
f. it employee with respect to these provisions, and shall specify indicate the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: . The Superintendent principal or his/her designated agent representative shall arrange a meeting with give the grievant and/or employee an answer in writing no later than ten (10) working days after receipt of the designated Association representative written grievance. If further investigation is needed, additional time may be allowed by mutual agreement of the Superintendent and the employee.
D. Step Three If the grievance is not resolved in Step Two, the employee may within ten (10) work working days after of the receipt of the principal’s answer submit the grievance to the Superintendent. The Superintendent or administrative assistant and the employee shall meet within a reasonable time, after school hours, not to exceed ten (10) working days unless a longer time is mutually agreed upon between the parties to discuss the grievance. Within ten (10) work days of The Superintendent shall respond to the discussiongrievance, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting within five (5) working days after the aforementioned meeting. If a copy of the same to the grievantgrievance concerns teachers from more than one (1) building, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent teachers may file in his/her office. If the decision of grievance with the Superintendent is unsatisfactory to the Associationand by-pass Steps One and Two of this procedure. Group grievances, the Association may appeal same to the Board of Education by filing a written grievanceas defined in this section, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, shall be filed within ten (10) work working days of receipt when the employees knew or should have known of the Superintendent's decisionact or condition upon which the grievance is based. The grievants shall have the option to file the grievance on a single form, but each grievant shall be required to sign the group grievance form to affirm his/her participation in the group grievance. Concerns representing more than one building may be addressed through a group meeting with all grievants in attendance.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Employment Agreement
GRIEVANCE PROCEDURE. A. A staff member with a grievance shall is encouraged to first discuss it with their immediate supervisor, with the objective of resolving the matter promptly and informally. An exception is that complaints of sexual harassment or violation of any other protected status should be defined as an discussed with the first line administrator that is not involved in the alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions harassment. This attempt at informal resolution is not a required component of the membergrievance policy but is suggested in an effort to attempt to resolve disputes informally. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss If the grievance with is not resolved informally, and the Supervisor informally within five (5) work days of grievant wishes to continue to seek to address the alleged violation andgrievance, if not resolved, the grievant shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss fill the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2their immediate building principal. The written grievance, as required herein, grievance shall containstate:
a. it shall be signed by 1. the grievant(s)/Association.
b. it shall be specificpolicy or provision of the Master Agreement the employee believes were violated;
c. it shall contain a synopsis 2. the alleged date of violation;
3. the facts giving rise to actor involved in the alleged violation;; and
d. it shall cite 4. the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval remedy requested by the Association.
Step 2: employee. The Superintendent or his/her designated agent shall arrange a meeting written grievance must be filed with the grievant and/or the designated Association representative immediate building principal within ten (10) work working days after receipt of the grievance date of the initial event allegedly giving rise to discuss the grievance. Within The immediate building principal or designee of the building principal shall meet with the grievant and shall, at the discretion of the principal or designee, conduct whatever additional meetings or investigative activities the principal or designee believes are necessary to address the grievance. Subsequent to these activities and within a period of ten (10) work days working days, the principal shall provide the grievant with a written response to the grievance of the discussioncertificated employee. If the grievant is not satisfied with the decision of the principal or designee, the individual shall have a period of five (5) working days to advance the grievance to the Superintendent by submitting a written objection to the decision with the Superintendent. If the principal or designee does not provide a written response to the grievance at the conclusion of ten (10) working days and no extension of this time period has been agreed to between the grievant and principal or designee, the grievance shall be advanced to the Superintendent without written response of the principal or designee. Upon receipt by the Superintendent, the Superintendent or his/her designated agent a designee, shall render his/her decision schedule a meeting between the parties and the principal. The parties shall be afforded the opportunity to either dispute or concur with the principal’s report. The Superintendent or designee shall, within a period of fifteen (15) working days, decide the matter notifying all the parties in writing, transmitting a copy writing of the same to decision. The decision of the grievantSuperintendent or designee shall be controlling, the Association representative, and appropriate Supervisor, and place a copy regardless of same whether it is in a permanent file agreement or in his/her office. If disagreement with the decision of the Superintendent principal. If either party is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along not satisfied with the decision of the Superintendent, with the officer Board is the next avenue for appeal. A written appeal must be submitted to the Board within five (5) days of receiving the Superintendent’s decision. The Board is the policy-making body of the school, however, and appeals to that level must be based solely on whether or not policy has been followed. Any individual appealing a decision of the Superintendent to the Board bears the burden of proving a failure to follow Board policy. Upon receipt of a written appeal of the decision of the Superintendent, and assuming the individual alleges a failure to follow Board policy, the matter shall be placed on the agenda of the Board for consideration not later than their next regularly scheduled meeting. A decision shall be made and reported in charge of drawing up the agenda for the Board's meeting, writing to all parties within ten thirty (1030) work days of receipt that meeting. The decision of the Superintendent's decisionBoard will be final.
Appears in 4 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violationviolation of the expressed terms of this Agreement.
B. The Association shall notify the administration of the name of its building representatives. The Board hereby designates the principal of each building to act as its representative at Level One as hereinafter described and the Superintendent of Schools or their designated representative to act at Level Two as hereafter described.
C. The term "days" as used herein shall mean days in which school is in session for students, misinterpretationunless otherwise indicated.
D. An employee, or misapplication the Association, believing themselves wronged by an alleged violation of the express provisions of this Agreement contract shall within ten (10) days of its alleged occurrence, or written Board policies affecting working conditions of at the member. Should a member/Association feel that there has been a violationdiscovery thereof, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall orally discuss the grievance matter with the Supervisor informally building principal in an attempt to resolve same.
E. If no resolution is obtained within five (5) work three days of the alleged violation anddiscussion, if not resolved, the employee shall file a written grievance with reduce the Supervisor matter to writing and proceed within fifteen (15) work five days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after said discussion to Level One of the grievance is filedprocedure.
F. Written grievances as required herein shall be submitted on the form developed by the Association and available through the Association's building representatives. If no satisfactory conclusion is reached within five (5) work days following Grievance forms must be signed by the discussion grievant and a representative of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2Association. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, Written grievances as required herein, herein shall containcontain the following:
a. it 1. It shall be signed by the grievant(s)/Associationgrievant or grievants.
b. it 2. It shall be specific;.
c. it 3. It shall contain a synopsis of the facts giving rise to the alleged violation;.
d. it 4. It shall cite the section or subsections of this contract or written Board policy alleged to have been violated;.
e. it 5. It shall contain the date of the alleged violation;.
f. it 6. It shall specify the relief requested;. Any written grievance not in accordance with the above requirements may be rejected as improper. Such a rejection shall not extend the limitations hereinafter set forth.
g. it G. In applying the procedure hereinafter set forth, if the grievance arises from an action of authority higher than that represented by Level One, the grievant may initiate such grievance at Level Two of the procedure.
H. Level One - A copy of the written grievance shall indicate be filed with the building principal with the endorsement thereon of the approval or disapproval by of the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.five
Appears in 4 contracts
Sources: Professional Agreement, Professional Agreement, Professional Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as is an alleged violationunsettled complaint by an employee, misinterpretationgroup of employees, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel Union alleging that there has been a violation, he/she will take misinterpretation or misapplication of any provision of this Agreement or any existing rule, order or regulation of the following steps:Board relating to wages, hours or terms and conditions of employment.
Step 1: . The member/Association, with grievance procedure shall not apply to any matter which is prescribed by law or state regulations over which the Board is without power to act. Any dispute involving a designated representative, shall discuss prohibited subject of bargaining is excluded from the grievance procedure and not within the authority of an arbitrator.
2. No dispute over the modification of this Agreement shall be made the subject of a grievance.
B. A Liaison Board will be established consisting of the employee and the Vice President and the Building Representative or another member appointed by the Executive Board. The Liaison Board shall meet with the Supervisor informally building principal/supervisor to discuss problems which may arise from time to time among the employees. If the problem is not resolved, the Liaison Board shall present the problem to the Assistant Superintendent/Business Manager.
C. If the Liaison Board is unable to resolve the issue, a formal grievance may be filed within five (5) school work days or one calendar week of the alleged violation anddetermination that this is so, if not resolvedon the form set forth, annexed hereto, and signed by the grievant and Union representative, which form shall file be made available to each Building Representative. A copy of the grievance form shall be delivered to the principal or supervisor.
D. If a written grievance involves more than one school building, it may be filed with the Supervisor Superintendent or a representative designated by him/her.
E. Within three (3) school work days or three (3) calendar weeks, whichever is earlier, after receipt of the grievance, the principal or supervisor shall meet with the Union Grievance Committee in an effort to resolve the grievance. The principal or supervisor shall indicate his/her disposition of the grievance in writing and the supporting reasons therefore, within fifteen three (153) work days of such meeting and shall furnish a copy thereof to the alleged violation and discuss the written grievance with the Supervisor within five Union.
F. Within twenty (520) school work days or 30 calendar days, whichever is earlier, after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion delivery of the written grievance with the Supervisordecision, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by appealed to the grievant(s)/AssociationSuperintendent.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. G. Within ten (10) school work days or 14 calendar days, whichever is earlier, after delivery of the discussiondecision, the Superintendent or his/her designated agent his designee shall render his/her decision meet with the Union Grievance Committee on the grievance and shall indicate his disposition of the grievance in writing, transmitting along with the reasons therefore, and shall furnish a copy of the same thereof to the grievantUnion.
H. Within ten (10) school work days or 14 calendar days, the Association representativewhichever is earlier, and appropriate Supervisor, and place a copy after delivery of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Associationor his designee, the Association grievance may appeal same be appealed to the Board of Education by filing a written grievance, along with the decision copy of the Superintendentgrievance accompanied by copies of previous decisions, with the officer Secretary or other designee of the Board in charge of drawing up the agenda for the Board's .
I. The Board, no later than its next regular meeting, within or two (2) calendar weeks, whichever is later, shall hold a hearing on the grievance. At such hearing, the aggrieved shall have the right to be represented by Union Counsel. Participants in this hearing, including witnesses, shall be given at least three (3) work days or 1 calendar week notice of the hearing.
J. Within ten (10) work days of or 14 calendar days, whichever is earlier, after this hearing, the Board shall communicate its decision in writing, together with supporting reasons, to the principal, the Superintendent, the Union, Counsel for the Union (if any) and to the aggrieved.
K. Within ten (10) work days or 14 calendar days, whichever is earlier, after receipt of the Superintendent's decisiondecision of the Board, the Union may appeal the decision to binding arbitration under the auspices and rules of the American Arbitration Association.
Appears in 4 contracts
Sources: Support Staff Contract, Support Staff Contract, Support Staff Contract
GRIEVANCE PROCEDURE. A. SECTION 1. A grievance is defined as a claim by a member(s) of the bargaining unit or Chapter #331 of OAPSE that this agreement has been misinterpreted or misapplied. All grievances which reach the written stage shall identify with particularity the article or articles of the agreement which the grievant claims has been misinterpreted or misapplied. All grievances shall be begun to be processed according to this agreement within fifteen (15) working days of the time the grievance arises or within fifteen (15) working days of the time the grievant had knowledge of the grievance or within fifteen (15) working days of the time the grievant or Chapter #331 of OAPSE should have, in the exercise of due care, known of the grievance, whichever comes later. For purposes of this article, a working day shall be defined as an alleged violation, misinterpretation, or misapplication a day on which the Board of this Agreement or written Board policies affecting working conditions of the memberEducation offices are open for conducting school business.
SECTION 2. Should a member/Association feel that there has been a violation, he/she will take Each grievance shall be processed in the following stepsway:
Step 1: The member/Association, with or without . Any grievant who has a designated representative, grievance shall discuss the grievance it first with the Supervisor appropriate Principal (or immediate supervisor or department head if applicable) in an attempt to resolve the matter informally at that level.
Step 2. If, as a result of the discussion, the matter is not resolved to the satisfaction of the employee within five (5) work working days, the grievant shall set forth the complaint in writing to the Principal(or immediate supervisor or department head if applicable). The Principal (or immediate supervisor or department head if applicable) shall communicate her/his decision on the complaint to the grievant in writing within three (3) days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days receipt of the alleged violation written complaint. If the immediate supervisor or department head is also the Superintendent of Schools, then the grievant may skip Step 3 and discuss the written grievance with the Supervisor proceed directly from Step 2 to Step 4.
Step 3. The grievant may appeal within five (5) work days after working days, in writing to the Superintendent of Schools, the Principal's (or immediate supervisor's or department head's, if applicable) decision. The Superintendent shall request a report on the grievance is filedfrom the Principal (or immediate supervisor or department head if applicable), shall confer separately with both the grievant and the Principal (or immediate supervisor or department head if applicable). If no satisfactory conclusion is reached The Superintendent, or her/his designee, shall attempt to resolve the matter as quickly as possible but within a period not to exceed five (5) working days. The Superintendent, or the designee, shall communicate her/his decision in writing along with supporting reasons, to the grievant and the Principal (or immediate supervisor or department head if applicable) within five (5) work days following the discussion of receipt of the written appeal.
Step 4. If the grievance with is not resolved to the Supervisorgrievant's satisfaction, the member/Association grievant may request a review by the Board of Education. The request shall submit be submitted in writing through the written grievance Superintendent within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work school days of receipt of the Superintendent's decision.decision at Step 3, who shall attach all related papers and forward the request to the Board of Education. The Board, or a committee thereof, shall, within thirty
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as is a claim based upon an event or condition caused by an alleged violationmisinterpretation or an alleged inequitable application of the terms of this Agreement.
B. A "party of interest" is the Association, misinterpretationthe teacher or group of teachers making the claim, and the Superintendent or misapplication designee or the Board of Education, depending upon the level reached in processing the grievance.
C. The term "days" will be interpreted as meaning working school days unless otherwise stipulated.
Section 25.2 The primary purpose of the procedures set forth in this section is to secure, at the lowest level possible, equitable solutions to the stated grievance. Nothing contained herein will be construed as limiting the right of any teacher having filed a grievance to discuss the matter informally with members of the administration, providing any adjustment resulting from said informal discussion is not inconsistent with the terms of this Agreement and that the Association is so notified by the administration of all meetings and all adjustments.
A. There will be at least one Association Representative for each school building. B. The Association will establish a Grievance Committee.
C. The building principal is designated as the administrative representative for Level One procedure.
D. The Superintendent/designee is designated as the administrative representative for Level Two procedures.
E. A grievance must be filed within twenty-one (21) days after its occurrence. This time limit does not apply to a grievance based upon a claim of an inaccurate payment for teaching or written Board policies affecting working conditions extracurricular activities. The time limit will apply in the case of alleged inaccurate payment from the date the payment for such service is received by the teacher so affected.
A. Level One: The teacher wishing to file a grievance will first discuss the matter with his/her Association Representative. If the Association Representative concurs that a grievance exists, the grievance will be written. The grievance, having been put in writing, will be delivered to the building principal who within five (5) days of receipt of said grievance will schedule a Level One meeting to be held. Participants in this meeting may include the Principal, the grievant, and his/her Association Representative. The Principal will make his/her decision known in writing to the grievant, Grievance Committee, and the Assistant Superintendent of Human Resources within five (5) days of the memberLevel One meeting.
B. Level Two: In the event a solution to the grievance has not been satisfactorily achieved at Level One, the grievant or the Grievance Committee will, within five (5) days of receipt of the Level One decision, forward the grievance to the Superintendent/designee at Level Two. Should The Superintendent/designee, within five (5) days of receipt of the grievance from Level One, will schedule a memberLevel Two meeting. Participants in this meeting will include the Superintendent/designee and other administrators, and a committee appointed by the Association. The District or the Association feel may also request the presence of the individual grievant at Level Two. The Superintendent/designee will make his/her decision known in writing to the grievant and the Grievance Committee within ten (10) days of the Level Two meeting.
C. Level Three:
1. This Level Three arbitration procedure is meant to be used for deciding disputes between the parties in the specific application of interpretation of items covered in this contract. Grievances dealing with any other subjects may not be submitted to arbitration.
2. The Association may request arbitration of an unsettled grievance as defined above after Level Two. Such request will be made by submitting to the other party a written Demand for Arbitration.
3. The right of the Association to demand arbitration over an unadjusted grievance is limited to a period of twenty (20) days from the date of notification to the Avondale Uniserv Office regarding the final action taken on such grievance under the last step in the grievance procedure immediately prior to arbitration.
4. The parties will attempt to select an arbitrator by mutual agreement. If the parties are unable to agree on an arbitrator within ten (10) days after receipt of notice requesting arbitration, the arbitrator will be selected by the American Arbitration Association in accord with its rules.
5. The rules of the American Arbitration Association will control the arbitration process.
6. It will be the function of the arbitrator and he/she will be empowered, except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violations of specific articles and sections of this Agreement.
a. He/she will have no power to add to, subtract from, alter, or modify any terms of this Agreement.
b. He/she will have no power to establish salary schedules but he/she may place a teacher on the correct step of the salary schedules.
c. He/she will rule only on the alleged misinterpretation or inequitable application of the terms of this Agreement.
d. Unless the arbitrator finds that there has been a violationpractice, policy, or rule of the District is in violation of this Agreement, he/she will take the following steps:
Step 1: The member/Associationhave no power to change any practice, with policy, or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work days rule of the alleged violation andDistrict, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or substitute his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt judgments for that of the grievance District as to discuss the grievance. Within ten (10) work days reasonableness of any such practice, policy, rule, or any action taken by the District outside of the discussion, the Superintendent or histerms of this Agreement. His/her designated agent shall render hispower will be limited to deciding whether the District has violated the express articles or sections of this Agreement; and he/her decision in writingshe will not imply obligations and conditions binding upon the District from outside this Agreement, transmitting a copy it being understood that any matter not specifically set forth herein remains within the reserved rights of the same District.
e. In the event that a case is appealed to an arbitrator on whom he/she has no power to rule, it will be referred back to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her officeparties without decision or recommendation on its merits.
f. There will be no appeal from an arbitrator's decision. If the decision of the Superintendent is unsatisfactory to It will be binding on the Association, its members, the employee or employees involved, and the District.
g. The expenses of the arbitrator will be shared equally by the District and the Association. All other expenses will be borne by the parties incurring them and neither party will be responsible for the expense of witnesses called by the other. Association may appeal same members will be provided release time to the Board participate in arbitration.
A. There will be no reprisals by either party taken against any party of Education interest by filing reason or participation in a written grievancegrievance procedure.
B. All documents, along communications, and records dealing with the decision processing of a grievance will be filed separately from the personnel files of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionparticipants.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. 6.1 A grievance shall be is defined as an alleged violationa claim by a teacher, misinterpretation, group of teachers or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violationviolation or misinterpretation or misapplication of the express terms of this agreement or any rule, he/she will take regulation, policy, or order of the following stepsBoard, pertaining to the teacher’s employment rights.
6.2 Written grievances as required herein shall contain the following:
Step 1: a. It shall be signed by the grievant.
b. It shall be specific and factual.
c. It shall contain a brief summary of the pertinent facts upon which the grievance is alleged.
d. It shall cite the section or subsection of this agreement alleged to have been violated.
6.3 The member/Associationterm “days” as used herein shall mean scheduled workdays. A workday shall be defined as a day in which school is in session, with excepting the summer break when workdays will include any day when the central administrative offices of the school are open. Time limits may be extended only upon mutual written agreement of the parties. Any grievance not answered within the time limits by the Board or without its representatives shall automatically be advanced to the next level. Any grievance not pursued or appealed by the Association or bargaining unit members within the time limits hereinafter specified shall be deemed settled on the basis of the Board’s last response.
6.4 A bargaining unit member desiring to process a designated representativegrievance, as defined above, shall within twenty (20) days of its alleged occurrence orally discuss the grievance with the Supervisor informally principal in an attempt to resolve the same. The principal shall be advised in the oral discussion that the events being discussed are being presented as the basis for the grievance and the terms upon which the grievance is based. If no resolution is obtained with five (5) days of the oral discussion, and if the employee, employees or the Association, desires to pursue the matter further, he/she/they shall reduce the grievance to writing and proceed within five (5) work days of the alleged violation and, if not resolved, shall file a said discussion to Level Two.
6.5 A written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent designee by the grievant. The Superintendent or designee shall, within ten (10) days of the filing of the grievance, arrange a meeting to discuss the grievance. The grievant may, if he/she chooses, be accompanied to said meeting by a representative from the Association. The Superintendent or designee shall have ten (10) days following this discussion within which to render his/her a written decision in writingon the grievance, transmitting a copy of the same to the grievant, grievant and the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. Association.
6.6 If the decision of rendered by the Superintendent or designee is unsatisfactory to the grievant and the Association, the Association may appeal same the grievance to the Board of Education by filing a written grievance, notice of appeal along with the decision of the Superintendent or his/her designee to the Board of Education Secretary within five (5) days after receipt of the Superintendent’s written disposition. Upon receipt of the written grievance, the Board of Education shall schedule a hearing on the grievance to occur at or before the Board’s next regularly scheduled meeting, scheduled for at least ten (10) days after receipt of the grievance. The Board shall make a written disposition of the grievance no later than fifteen (15) days from the time of the hearing of the grievance. The Board may hold future hearings thereon, may designate one or more of its members to hold future hearings thereon, or otherwise investigate the grievance. However, the final determination of the grievance by the Board shall be made not more than fifteen (15) days after the initial Board hearing, except with the officer express written consent of the Board in charge Association.
6.7 Only the Association shall have the right to process or appeal a grievance at Level Four. If the Association is not satisfied with the disposition of drawing up the agenda for the Board's meetinggrievance at Level Three, it may within ten (10) work days of receipt after the decision of the Superintendent's Board refer the matter to arbitration to the American Arbitration Association by notifying the district of its intent to pursue the matter to arbitration. A demand for arbitration requesting the appointment of an arbitrator to hear the grievance shall also be filed. A copy of the demand for arbitration will be served on the Board of Education.
6.8 The powers of the arbitrator shall be limited to determining whether the express terms of the Agreement or rule, order, policy or regulation of the Board has been violated, misinterpreted or misapplied. The powers of the arbitrator are subject to the following limitations:
a. The arbitrator shall have no power to add to, subtract from, disregard or modify any of the terms of this agreement.
b. The arbitrator shall have no power to establish salary schedules.
c. The arbitrator shall have no power to change any practice, policy, rule, regulation or order of the Board. His/her power shall be limited to deciding whether the express articles or sections of this agreement or any practice, policy, rule, regulation or order of the Board have been misinterpreted, misapplied or violated. He/she shall not imply obligations and conditions not set forth in this agreement.
d. The content of an evaluation or Individualized Development Plan shall be grievable but, if grieved, the burden of proof shall rest with the Association and the decision of the arbitrator shall be final and binding.
e. If an issue has another remedial procedure established by law or by government regulation, the Union shall be limited to pursuing said matter in only one forum.
6.9 The Board shall not be required to pay back wages more than ninety (90) days prior to the date the written grievance is filed.
a. All claims for back wages shall be limited to the amount of wages that the employee would otherwise have earned or could have reasonably earned, less any compensation that he/she may have received from any source during a period of back pay.
b. No decision in any one case shall require a retroactive wage adjustment in any other case.
6.10 The cost of the arbitrator shall be paid by the party who does not prevail. Each party shall assume its own cost for representation. In cases where the arbitrator renders a split decision, the cost of the arbitrator shall be shared equally by the parties.
6.11 Unless mutually agreed to by the parties; the preparation, filing, presentation or consideration of grievances shall not be conducted during those times when students are present in a teacher’s regularly scheduled class.
6.12 Notwithstanding the expiration of this Agreement, any claim or grievance filed during the term of this contract may be processed through the grievance procedure until resolution. Grievances filed after the expiration of this agreement may, at the Association’s option, be processed through the Board level.
6.13 Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this agreement, provided that the Association has been given opportunity to be present at such adjustment.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. A 11.01 It is the mutual desire of the parties hereto, that complaints of employees shall be adjusted as quickly as possible. The ▇▇▇▇▇▇▇ or Supervisor shall be given the opportunity to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance.
11.02 Grievance shall mean any difference or dispute concerning the interpretation, application, administration or alleged violation of the Collective Agreement.
11.03 If a complaint is not settled in accordance with 11.01 above within three (3) working days, the matter shall be reduced to writing within ten (10) working days from the incident giving rise to the complaint.
11.04 After receipt of the grievance, the Employer shall give his reply in writing to the Business Manager/ Secretary-Treasurer within ten (10) working days. If the matter is still not resolved then the Business Manager or his Assistant shall advise the Employer within ten (10) working days.
11.05 Within ten (10) working days of receipt of notification from the Business Manager/ Secretary-Treasurer in 11.04, the grievance shall be defined as an alleged violation, misinterpretation, discussed at a meeting between the Business Manager or misapplication of this Agreement or written Board policies affecting working conditions his Assistant and a Representative of the memberEmployer. Should a member/Association feel that there has been a violationAfter this meeting, he/she will take the following steps:Employer shall give his answer to the Business Manager/ Secretary-Treasurer in writing within ten (10) working days.
Step 1: The member/Association11.06 If the Employer's answer in 11.05 is unacceptable, with or without a designated representative, shall discuss the grievance shall then be discussed within a further five (5) working days at a meeting of the International Vice- President or his designated Representative and a Representative of the Employer. If the matter is not resolved within these five (5) working days, the matter shall be referred to the next step as outlined in 11.07.
11.07 Before proceeding to Arbitration, the parties shall advise an authorized representative of the Boilermaker Contractors' Association of the details. At the request of either party, the grievance may be discussed between an International Officer of the Union and an authorized representative of the Boilermaker Contractors' Association in order to obtain an interpretation of the Collective Agreement in connection with the Supervisor informally grievance. If the matter is still not resolved within five (5) work working days of the alleged violation andreferral to the Boilermaker Contractors' Association, if not resolvedthen at the request of either party, shall file a written the grievance with the Supervisor within fifteen (15) work days may be referred to Arbitration.
11.08 It is understood and agreed that any of the alleged violation time limits herein may be extended by mutual agreement in writing. In this Article, Saturday, Sunday and discuss the written grievance with the Supervisor within five (5) work days after Recognized Holidays shall not be counted as working days.
11.09 In cases where an employee is discharged, the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following shall be initiated at the discussion of level outlined in 11.04 and if the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which matter is not resolved within the scope of a Supervisor's authority steps and time limits outlined in 11.04 and 11.05, then the request for Arbitration may be filed initially initiated at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed this point by the grievant(s)/Associationeither party.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as is an alleged violationviolation of the express terms of this Agreement. No grievance will be granted that requires the Board to violate applicable federal and state laws.
A. The Association will identify its building representatives and grievances chair within the first month of school each school year.
B. The term “days” herein used shall mean business working days. Additional days may be added to any individual number of days below if agreed in writing by the immediate supervisor and/or Superintendent AND by the grievance chair and/or Association President. The term “grievant” used herein shall mean an Employee, misinterpretationgroup of Employees, or misapplication the Association, believing themselves wronged by an alleged violation of the expressed provisions of this Agreement or written Board policies affecting working conditions Agreement.
C. Within twelve (12) days of an alleged violation of this agreement, the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, grievant and/or grievance chair shall meet and orally discuss the grievance matter with the Supervisor informally immediate supervisor in an attempt to resolve the matter.
D. Level One – Superintendent: If no resolution is agreed upon within five (5) work days of the alleged violation anddiscussion, if not resolvedthe grievant and/or grievance chair shall, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after additional days, reduce the grievance is filedmatter to writing, and transmit it (a written grievance) to the immediate supervisor and the Superintendent. If no satisfactory conclusion is reached within Within five (5) work days following the discussion of receipt of the written grievance with the Supervisorgrievance, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievanceSuperintendent, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent representative, shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt representative, at the option of the grievance grievant, to discuss the grievance. Within ten five (105) work days of the discussion, the Superintendent Superintendent, or his/her designated agent representative, shall render his/her decision in writing, with the disposition of the grievance, transmitting a copy of the same to the grievant, the grievance chair, the Association representativeSecretary, and appropriate Supervisorthe immediate supervisor, and place a copy of same in a permanent grievance file in his/her office. the office of the Superintendent.
E. Level Two – Board of Education: If no decision is rendered within five (5) days of the discussion, or the decision of the Superintendent is unsatisfactory to the grievant and the Association, then within fifteen (15) additional days the Association grievant may appeal same to the Board of Education by filing transmitting a written grievance, along with the decision of the Superintendent, or his/her designated representative, with the officer Secretary of the Board and Superintendent. The Board shall, at the next regularly scheduled Board meeting or work session, allow the grievant and/or grievance chair an opportunity to be heard (grievance hearing). If the Secretary of the Board receives the written grievance within seven (7) days of a regularly scheduled Board meeting or work session, then the grievance shall be scheduled for the following regularly scheduled Board meeting or work session. Within fifteen (15) days from the grievance hearing, the Board will transmit its decision in charge writing to the grievant, grievance chair, Association Secretary and Superintendent. The Board may hold future hearings therein, may designate one or more of drawing up its members to hold future meetings therein, or otherwise investigate the agenda for grievance, provided, however, that in no event, except with expressed written consent of the Association shall final determination of the grievance be made by the Board more than fifteen (15) days after the initial hearing.
F. Level Three – Arbitration: If a grievance is not settled as a result of such final determination by the Board, the Association shall have the right to appeal the dispute to an impartial arbitrator. Such appeal must be taken by written notice given to the other party within fifteen (15) days from the date the Board's meeting, answer is given. If the parties cannot agree upon such arbitrator within ten (10) work days of receipt after the notice is given, then they shall select such arbitrator in accordance with the rules of the Superintendent's decisionAmerican Arbitration Association.
G. All grievance procedures and investigations by the Association will be processed during time that does not interfere with assigned duties.
H. The sole remedy available to any Employee for any alleged breach of this Agreement or any alleged violation of his/her rights hereunder will be pursuant to the grievance procedure; provided, however, that nothing contained herein will deprive any Employee of any legal right which he/she presently has, provided that, if an Employee elects to pursue any legal or statutory remedy, such election will bar any further or subsequent proceedings for relief under the provisions of this Article.
I. In the course of investigation of any grievance, representatives of the Association will report to the principal of the building being visited and state the purpose of the visit immediately upon arrival.
J. Every effort will be made to avoid the involvement of students in all phases of the grievance procedure.
K. The enclosed written grievance form shall be mutually agreed upon and must be used by the Board and the Association and it shall be supplied by the Board of Education. All persons involved in the grievance shall have a copy of the grievance form.
L. It shall be the function of the arbitrator and he /she shall be empowered, except as his/her powers are limited below, to make a decision in cases of alleged violation of the specific Articles and Sections of this Agreement.
1. The power and authority of the arbitrator shall be limited in each case to resolving the question submitted. The arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement, nor shall the arbitrator substitute his/her discretion for that of the Board or the Association where such discretion has been retained by the Board or the Association, nor shall the arbitrator exercise any responsibility or function of the Board or of the Association. The decision of the arbitrator shall be final and binding on both parties.
2. The Board and the Association shall share the fees and expenses of the arbitrator equally. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other.
3. No decision in any one case shall require a retroactive adjustment in any other case.
4. He/she shall have no power to establish salary scales.
5. He/she shall have no power to rule on any of the following:
a. The termination of services of, or failure to re-employ any probationary Employee.
b. The termination of services or failure to re-employ any Employee to a position other than his/her basic position. However, if an Employee is not properly notified, lack of proper notification can be subject to arbitration.
c. Any claim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law, including any matter subject to the procedures specified in the Michigan Teachers' Tenure Act, as amended.
d. Any matter involving the content of an Employee evaluation.
6. He/she shall have no power to construe any provision of this agreement so as to interfere with or impair the Board’s compliance with the NCLB as written.
7. He/she shall have no power to give effect to any provision of this agreement that constitutes a prohibited subject of bargaining within the meaning of applicable state law.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violation, misinterpretation, or misapplication 12.01 The Employer and the Union recognize the desirability of prompt settlement of complaints and disputes which may arise out of administration of this Agreement or written Board policies affecting working conditions of Agreement. The parties also recognize that many complaints can be effectively settled through informal discussion and mutual understanding. For these reasons, both parties agree that when an employee has a complaint, the member. Should a member/Association feel that there has been a violation, he/she employee will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall be encouraged to discuss the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance matter with the Supervisor, without prejudice to the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievanceemployee or Employer, as required herein, shall contain:
a. it shall be signed by soon as possible after the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts circumstances giving rise to the complaint occurs so that a dispute requiring reference to the grievance procedure may be avoided wherever possible.
12.02 Where an employee feels aggrieved by the interpretation or application in respect of a provision of a statute, or a regulation, by-law, direction, or other instrument made or issued by the Employer, dealing with terms and conditions of employment or, an alleged violation;
d. it shall cite violation of any of the section or subsections provisions of this contract Agreement by the Employer, or, as a result of any occurrence or written Board policy alleged to have been violated;
e. it shall contain the date matter affecting terms and conditions of employment in respect of which no administrative procedure for redress is provided in or under an Act of the Legislative Assembly of New Brunswick, and, where the employee has written consent of the Union respecting any grievance relating to the interpretation or application of this Agreement, the following procedure shall apply: STEP ONE: Within twenty (20) days after the alleged violation;
f. it shall specify grievance has arisen or the relief requested;
g. it shall indicate approval employee became aware of the grievance, the employee may present a grievance in writing either by personal service or disapproval by mailing by registered mail, on the form authorized by the Association.
Step 2: The Superintendent Labour and Employment Board to the person designated by the Employer as the first level in the grievance procedure. If the employee receives no reply or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative does not receive satisfactory settlement within ten (10) work working days after receipt of from the date on which the grievance was presented to discuss the grievanceimmediate supervisor or to the person designated as the first level in the grievance procedure, the employee may proceed to Step Two. STEP TWO: Within ten (10) work working days from the expiration of the discussionten (10) day period referred to in Step One, the Superintendent or his/her designated agent shall render his/her decision employee may present a grievance in writing, transmitting a copy writing at the second level of the same grievance process either by personal service or by mailing by registered mail, to the grievant, person designated by the Association representative, and appropriate Supervisor, and place a copy of same Employer as the second level in a permanent file in his/her officethe grievance procedure. If the decision employee does not receive a reply or satisfactory settlement of the Superintendent is unsatisfactory to grievance from the Association, person designated by the Association may appeal same to Employer as the Board of Education by filing a written grievance, along with second level in the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, grievance procedure within ten (10) work working days of receipt of from the Superintendent's decisiondate on which the grievance was presented at the second level, the employee may proceed to Step Three.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A claim by a teacher or group of teachers that there has been a violation, misinterpretation or misapplication of any provisions of this Agreement may be processed as a grievance as hereinafter provided. A grievant is a teacher having a grievance. Both parties agree that these proceedings shall be kept as informal and confidential as may be appropriate at any level of the procedure. The time limits specified may be extended by mutual Agreement at all levels. Any grievant may be represented at all stages of the grievance procedure by a person of his/her own choosing, and notice of this representative must be given to his/her immediate supervisor. The Board is also entitled to a representative. When it is necessary at any level for a grievant and witness (one per occurrence maximum) to attend a meeting or a hearing during the school day, the Superintendent shall notify such teacher and the witness that they shall be released without loss of pay for such time as his/her attendance is required at such meeting or hearing. At all levels the time limits are binding except for periods of inclement weather that prohibit normal travel. Necessary forms pertaining to a grievance will be prepared jointly and distributed by the Association or the District. If the grievance report is in favor of the grievant, all documents, communications and records dealing with the grievance shall be defined as an removed from the Personnel File. Level I A teacher with a grievance will first discuss it with his/her principal or immediate supervisor within fifteen (15) working days of the alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/AssociationAgreement, with the object of resolving the matter informally. If the teaching position is in a remote area and the immediate supervisor is not stationed at the site, the first step should be accomplished by mail, telephone, or without radio. If an informal solution has not been reached, a designated representative, shall discuss the teacher with a grievance may initiate a formal procedure by filing a written statement of grievance with the Supervisor informally immediate supervisor. This statement must be filed within five ten (510) work working days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the informal discussion with the Supervisor to Step 2supervisor. A grievance which is not within The date of this action shall be the scope of a Supervisor's authority may be filed initially at step 2filing date. The written grievance, as required herein, grievance shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain include the date of the alleged violation;
f. it , the article and item of the Agreement, and the signature of the grievant. The immediate supervisor shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting meet with the grievant and/or the designated Association representative and anyone selected to accompany him/her within ten (10) work working days after of the receipt of the grievance to discuss the written grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent This meeting will be set by mutual consent. The immediate supervisor shall render his/her a decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, writing within ten (10) work working days of receipt of the Superintendent's decisionmeeting dealing with the written grievance.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged claim by a teacher of the bargaining unit or by the ▇▇▇▇▇▇▇▇▇ Education Association that there has been a violation, misinterpretation, or misapplication of any provision of this Agreement or written Board policies affecting working conditions of agreement may be processed as a grievance as hereinafter provided. Written grievances as required herein shall contain the member. Should a member/Association feel that there has been a violation, he/she will take the following stepsfollowing:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it It shall be signed by the grievant(s)/Association.grievant or grievants;
b. it 2. It shall be specific;
c. it 3. It shall contain a synopsis of the facts giving rise to the alleged violation;
d. it 4. It shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it 5. It shall contain the date of the alleged violation;
f. it 6. It shall specify the relief requested;
g. it . Any written grievance not in accordance with the above requirements may be rejected as improper. Such rejection shall indicate approval or disapproval by not extend the Associationlimitations hereinafter set forth.
Step 2: The Superintendent or B. In the event that a teacher believes there is a basis for a grievance, he/she shall first discuss the alleged grievance, with his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative building principal within ten (10) work school days after receipt of the occurrence or the teacher's knowledge of the occurrence of the alleged cause of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent either personally or accompanied by his/her designated agent shall render his/her decision in writingAssociation representative.
C. If, transmitting as a copy result of the same informal discussion with the building principal, a grievance still exists, grievant may invoke the formal grievance procedure by filing the grievance in writing with the principal, within five school days, on a form set forth, signed by the grievant and a representative of the ▇▇▇▇▇▇▇▇▇ Education Association. The form shall be available from the Association representative in each building. Principal parties to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten grievance shall be present at all subsequent meetings.
D. Within five (105) work school days of receipt of the Superintendent's decisiongrievance, the principal shall meet with the grievant, either personally or accompanied by his/her Association representative, in an effort to resolve the grievance. The principal shall indicate his disposition of grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the grievant.
E. If the grievant is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting the grievance shall be transmitted to the superintendent within five (5) school days of such disposition or termination of the waiting period. Within five (5) school days of receipt of the grievance the superintendent or his designee shall meet with the grievant, either personally or accompanied by his/her Association representative. The superintendent shall indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the grievant.
F. If the grievant is not satisfied with the disposition of the grievance by the superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting the grievance shall be transmitted to the Board within five (5) school days of such disposition or termination of the waiting period by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, may hold a hearing on the grievance, review such grievance in executive session, or give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than five (5) days thereafter. A copy of such disposition shall be furnished to the grievant.
G. If the grievant and the Association are not satisfied with the disposition of the grievance by the Board, or if no disposition has been made within the period above provided, the Association may submit the grievance, within twenty (20) school days thereafter, to arbitration before an impartial arbitrator.
H. If parties cannot agree as to the arbitrator, he shall be selected by the American Arbitration Association in accordance with its rules, which shall likewise govern the arbitration proceeding. The arbitrator selected shall be required to begin the hearing within ninety (90) days after his or her selection. The hearing is to be held in a suitable location, either in Charlevoix or Antrim Counties and the arbitrator must render his decision within thirty (30) days of the close of the hearing. The Board and The Association shall not be permitted to assert in such arbitration proceeding on any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to or subtract from the terms of this agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
I. The Costs of arbitration to be borne equally by the parties.
J. The time limits provided in this Article shall be strictly observed but may be extended by written agreement of the parties.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as claim by an alleged violation, misinterpretation, employee or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, misinterpretation or misapplication of any provision of this Agreement may be processed as a grievance as hereinafter provided. In the event that an employee believes there is a basis for a grievance, the employee, accompanied by an Association building representative or the GEA grievance person, shall first discuss the alleged grievance with his/her building principal or other appropriate supervisor. If the grievance is not thus resolved, formal grievance procedures may be instituted. Any further reference to days shall be interpreted as official school days or during the summer schedule, days the District Office is officially open for business.
STEP I The grievant may invoke the formal grievance procedure through the Association on the grievance form (Appendix F) which will be available from the Association representative in each building. A completed, dated, signed copy of the grievance form shall be delivered to the principal or appropriate supervisor. If the grievance involves more than one (1) school building, it may be filed with the superintendent or a representative designated by the superintendent. A grievance must be filed within twenty (20) days of the occurrence of which he/she will take complains or twenty (20) days of the following steps:
Step 1: time when the grievant learned of the occurrence of which he complains, whichever is later. Within five (5) days of receipt of the written grievance, the principal or appropriate supervisor shall meet with the Association in an effort to resolve the grievance. The memberprincipal or appropriate supervisor shall indicate his/Association, with or without a designated representative, shall discuss her disposition of the grievance with the Supervisor informally in writing within five (5) work days of such meeting, and shall furnish a copy thereof to the alleged violation and, if Association.
STEP II If the Association is not resolved, shall file a written grievance satisfied with the Supervisor within fifteen (15) work days disposition of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days after receipt of same, or if no disposition has been made within five (5) school days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section such meeting or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt from date of filing, whichever shall be later, the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same be transmitted to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionsuperintendent.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. Section 1: A grievance shall be defined interpreted as a claim by an alleged Association member, or by the Association in its own behalf, that there has been a violation, misinterpretation, or misapplication of one (1) or more specific provisions of this Agreement.
Section 2: A grievance may be filed and presented by an employee or by the Association acting through its Representative(s). Any individual employee may present a grievance and have the grievance adjusted without intervention of the Association if the adjustment of the grievance is not inconsistent with the terms of this Agreement and the Association has been given an opportunity to have an Association representative present at such adjustment; provided, however, that the adjustment of a grievance between the Board or written Board policies affecting its designated Representatives and an individual employee shall not preclude the Association from filing its own grievance with respect to the same subject. Only the Association can take a grievance beyond Step Two.
Section 3: The term “day” when used in this Article shall, except where otherwise indicated, mean working conditions days. Employees whose work year is less than twelve (12) months shall adhere to the work days scheduled for the full twelve (12) month period.
Section 4: Prior to initiating Step One of the membergrievance procedure, as outlined below, the grievant will informally discuss the matter with the immediate supervisor with or without an Association Representative, as the grievant desires.
Section 5: All grievances shall be presented in accordance with the following procedure:
a. Step One: An employee having a grievance shall submit the grievance in writing to his/her immediate supervisor within five (5) days of the event upon which the grievance is based. Should The employee may choose to have an Association Representative present in discussing the grievance with the immediate supervisor. The supervisor must submit a memberdecision in writing within five (5) days after receipt of the grievance. A copy of the decision shall be furnished to the employee and to the Association.
b. Step Two: If the Association is not satisfied with the disposition at Step One, the grievance shall be submitted by the Association to the Superintendent, or designee, within five (5) days. The Superintendent, or designee, shall process the grievance in one (1) of the following ways:
(1) The Superintendent, or designee, shall meet with the Association within five (5) days after receipt of the grievance and shall indicate his/her disposition, in writing, to the Association feel within five (5) days after such meeting.
(2) The Superintendent, or designee, shall inform the Association within five (5) days after receipt of the grievance that a meeting with the Board of Education and the Association shall take place, in executive session, immediately following the next regularly scheduled Board meeting. The Board of Education shall indicate its disposition of the grievance, in writing, to the Association within ten (10) days after such meeting.
c. Step Three: If the Association is not satisfied with the disposition of the grievance at Step Two, or if no disposition has been made within the period above provided, the grievance may be submitted to arbitration at the request of the Association; provided, however, notification of intent to pursue arbitration is submitted, in writing, to the Board, or its designee, within five (5) days. Following the written notice of Request for Submission to Arbitration, the Association and the Board, or its designee, shall attempt to select an arbitrator. If the parties cannot agree as to the arbitrator within five (5) days, the arbitrator shall be selected by the American Arbitration Association in accordance with its rules, which shall likewise govern the arbitration proceeding. Provided the Board, or its designee, has given its consent, the Association may elect to submit the grievance to the American Arbitration Association under its rules and regulations governing and controlling expedited proceedings. The Board and the Association shall not be permitted to present in the arbitration proceedings any grounds or to rely and the Association shall not be permitted to rely on any evidence not previously disclosed to the other party. The arbitrator’s power shall be limited to determining whether or not there has been a violation, hemisinterpretation, and/or misapplication of a provision, or provisions, of the Agreement. The arbitrator shall not substitute his/she will take her personal judgment for that of the following steps:parties. Any decision rendered by the arbitrator shall be binding upon the parties to this Agreement.
Step 1Section 6: The member/Association, with or without fees and expenses of the arbitrator shall be shared equally by the parties. Expenses of a designated representative, witness shall discuss be paid by the party calling the witness.
Section 7: The number of days provided for the presentation and proceeding of grievances at each step of the grievance with procedure establishes the Supervisor informally maximum time limits and any grievance not presented within five (5) work days the time limits provided at each respective step of the alleged violation andgrievance procedure shall be deemed withdrawn; provided, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisorhowever, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority time limits set forth herein may be filed initially at step 2. The written grievanceextended by mutual agreement, as required hereinin writing, shall contain:
a. it shall be signed by between the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of Board, or its representaves, and the facts giving rise to the alleged violation;
d. it shall cite the section aggrieved employee or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2Section 8: The Superintendent If the Board, or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association its representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If does not act within the decision of the Superintendent is unsatisfactory to the Associationtime limits stipulated within each step, the Association may appeal same proceed to the Board next step.
Section 9: A grievance concerning the discharge or suspension of Education by filing a written grievance, along with the decision an employee shall be filed at Step Two of the Superintendentgrievance procedure.
Section 10: If a grievance results from an alleged act of an authority higher than the immediate supervisor, with the officer of Association may file the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisiongrievance at Step Two.
Appears in 3 contracts
Sources: Master Agreement, Collective Bargaining Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. A claim by a teacher or group of teachers that there has been a violation, misinterpretation or misapplication of any provisions of this agreement may be processed as a grievance as hereinafter provided. A grievant is a teacher having a grievance. Both parties agree that these proceedings shall be kept as informal and confidential as may be appropriate at any level of the procedure. The time limits specified may be extended by mutual agreement at all levels. Any grievant may be represented at all stages of the grievance procedure by a person of his/her own choosing, and notice of this representative must be given to his/her immediate supervisor. The Board is also entitled to a representative. When it is necessary at any level for a grievant and witness (one per occurrence maximum) to attend a meeting or a hearing during the school day, the Superintendent shall notify such teacher and he/she shall be released without loss of pay for such time as his/her attendance is required at such meeting or hearing. At all levels the time limits are binding except for periods of inclement weather which prohibit normal travel. Necessary forms pertaining to a grievance will be prepared jointly and distributed by the Association or the District. If the grievance report is in favor of the grievant, all documents, communications and records dealing with the grievance shall be defined as an removed from the Personnel File. Level I A teacher with a grievance will first discuss it with his/her principal or immediate supervisor within fifteen (15) working days of the alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Associationagreement, with the object of resolving the matter informally. If the teaching position is in a remote area and the immediate supervisor is not stationed at the site, the first step should be accomplished by mail, telephone, or without radio. If an informal solution has not been reached, a designated representative, shall discuss the teacher with a grievance may initiate a formal procedure by filing a written statement of grievance with the Supervisor informally immediate supervisor. This statement must be filed within five ten (510) work working days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the informal discussion with the Supervisor to Step 2supervisor. A grievance which is not within The date of this action shall be the scope of a Supervisor's authority may be filed initially at step 2filing date. The written grievance, as required herein, grievance shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain include the date of the alleged violation;
f. it , the article and item of the contract, and the signature of the grievant. The immediate supervisor shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting meet with the grievant and/or the designated Association representative and anyone selected to accompany him/her within ten (10) work working days after of the receipt of the grievance to discuss the written grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent This meeting will be set by mutual consent. The immediate supervisor shall render his/her a decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, writing within ten (10) work working days of receipt of the Superintendent's decisionmeeting dealing with the written grievance.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance shall must be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of presented in writing by the member. Should ▇▇▇▇▇▇▇ within twenty (20) calendar days after its occurrence in order for it to be a member/Association feel that there has been a violation, he/she will take proper matter for the following steps:grievance procedure.
Step 1: I The member/Associationemployee shall first specify his grievance orally to their Supervisor. Thereafter, the employee may discuss the grievance with their Supervisor and or without a designated representative, shall the ▇▇▇▇▇▇▇ may be requested by the employee to discuss the grievance with the Supervisor.
Step II If not resolved in this manner, it shall be submitted in written form, signed by the employee and presented to the Supervisor. The Supervisor informally shall answer said grievance within three (3) working days of receipt of same.
Step III If not resolved in this manner, it shall be submitted in written form, signed by the employee and presented to the Drain Maintenance Superintendent within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work working days after the grievance Supervisor's answer is fileddue. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association The Drain Maintenance Superintendent shall submit the written answer said grievance within five (5) work working days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope receipt of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Associationsame.
Step 2: The Superintendent IV If the grievance is not satisfactorily resolved above, it may be appealed to the Drain Commissioner or his/her designated agent shall arrange designee within five (5) working days from the date the Drain Maintenance Superintendent’s answer is due. Thereafter, the Drain Commissioner or his/her designee will schedule a meeting with the grievant and/or the designated Association representative Union Representatives to be held within ten five (105) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work working days of receipt of the Superintendentgrievance. The Drain Commissioner or his designee will render his decision in writing within five (5) working days after the above meeting.
Step V If the grievance is not resolved satisfactorily in Step I, II, III, or IV above, written notification will be given by the Union to the Genesee County Human Resources Director within five (5) working days after the Drain Commissioner's decision.answer is received. The Human Resources Director will then schedule a meeting or meetings at a mutually agreeable time to be attended by two (2) representatives of the Union and the necessary representatives of the Employer within the ten
Appears in 3 contracts
Sources: Labor Agreement, Labor Agreement, Labor Agreement
GRIEVANCE PROCEDURE. A. 11.01 The Union shall have carriage of all Bargaining Unit initiated grievances. The University shall deal only with the Bargaining Unit with respect to a grievance. A representative of the Bargaining Unit and/or Union may be present at all stages of the formal complaint, grievance and arbitration procedures.
11.02 It is the mutual desire of the Parties hereto that complaints of Members shall be defined adjusted as quickly as possible and it is understood that a Member or the Union on their behalf, has no grievance until the Member’s immediate supervisor has been given an alleged violationopportunity to adjust the complaint. If a Member has a complaint, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions they shall discuss it with their immediate supervisor within ten (10) days after the Member would reasonably be expected to have become aware of the membercircumstances giving rise to the complaint. Should The Member may request to be accompanied by a member/Association feel Union Representative at this discussion. The immediate supervisor shall be allowed ten (10) days to communicate their answer to the Member. Failing settlement, it may then be taken up as a grievance. In the case of a job competition grievance, it is understood that there has been a violation, he/she the appropriate supervisor will take be the following steps:recruiting supervisor.
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five Within ten (510) work days of the supervisor’s decision, the Member or the Union may present the alleged violation and, if not resolved, shall file a grievance in writing to their supervisors’ supervisor. Each written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis designated Grievance Officer of the facts giving rise to the alleged violation;Bargaining Unit and shall include:
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain a) the date of presentation;
b) the nature of the grievance;
c) the remedy sought;
d) the paragraph or paragraphs of this Collective Agreement allegedly violated, or the alleged violation;
f. it occurrence said to have caused the grievance. The Member may be assisted in the presentation of the grievance by a Union Representative who may be an employee of the University. Failing an immediate settlement, the supervisor’s supervisor shall specify deliver the relief requested;
g. it shall indicate approval or disapproval by decision in writing to the AssociationMember and to the Union within ten (10) days following the presentation of the grievance to them.
Step 2: The Superintendent If not settled at Step 1, the Bargaining Unit or his/her designated agent shall arrange a meeting with Union may submit the grievant and/or the designated Association representative within ten (10) work days after receipt of the alleged grievance to discuss the grievance. Within ten Director, Human Resources (10) work days of the discussionStaff Relations), the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meetingdesignate, within ten (10) work days of the reply of Step 1. The Director, Human Resources (Staff Relations), or designate, shall meet with the grievor and their Union Representative within ten (10) days of the presentation of the grievance. A representative of OSSTF may also be in attendance if requested by either Party. The Director, Human Resources (Staff Relations), or designate, shall render their decision in writing to the grievor and to the Bargaining Unit President within ten (10) days of the above meeting.
Step 3: Failing settlement of the grievance at Step 2, the Union may submit the grievance to arbitration as hereinafter provided within fifteen (15) days of the receipt of the Superintendent's decisiondecision at Step 2.
11.03 The Parties may agree in writing to extend any time limits specified in either the grievance or arbitration process. Where no such agreement has been made and the time limits as described have not been followed, or where an agreed extension has expired, either Party may advance the grievance to the next step of the grievance procedure including arbitration. However, the grievance shall be deemed abandoned if the Party having filed the grievance does not advance the grievance to arbitration within fifteen (15) days from the receipt of the decision at Step 2.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A grievance 9.1. The CAW shall designate a committee of not more than four (4) people of its own choosing, including not more than three (3) employees, to take up with the Employer any matter arising from the interpretation, application, administration or alleged violation of this Agreement.
9.2. Efforts to adjust grievances shall be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take made on Company time if at all possible under substantially the following stepsprocedure:
Step 1: The member/Association, with or without a designated representative, 1 All grievances shall discuss the grievance first be raised with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days supervisor or designate concerned as soon as possible after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts occurrence giving rise to the alleged violation;dispute or disagreement.
d. Step 2 In the event the dispute or disagreement is not resolved within the department concerned within seven (7) consecutive days of the time it is initiated, it shall cite be submitted in writing by the section initiating party to the representative of the other party, stating the nature of the grievance, and the remedy sought, within seven (7) consecutive days.
Step 3 Failing a settlement within fourteen (14) consecutive days of the date the dispute or subsections of this contract or written Board policy alleged disagreement is submitted in writing, either party may refer the dispute to arbitration within four (4) months. It is understood that if the initiating party fails to submit the matter to arbitration within four (4) months, it shall be deemed to have been violated;withdrawn.
e. it 9.3. Any matter involving the interpretation, application, administration, or alleged violation of this Agreement (except renewal of this Agreement), including any question as to whether a matter is arbitrable, may be submitted to final and binding arbitration. Any matter referred to arbitration shall contain be heard by a single arbitrator selected from the date list contained in the Letter of Understanding at the back of this Agreement, or such substitute as may be agreed to by the parties.
9.4. In no event shall the Arbitrator have the power to alter or amend this Agreement in any respect.
9.5. The Employer and the CAW shall each pay one-half (1/2) of the alleged violation;
f. it shall specify remuneration and expenses of the relief requested;
g. it shall indicate approval or disapproval by Arbitrator. Each will pay the Associationcompensation of their respective witnesses.
Step 2: The Superintendent or his/her designated agent shall arrange 9.6. Notwithstanding the aforementioned procedure for resolving grievances, either party may refer a meeting with the grievant and/or the designated Association representative dismissal case directly to final and binding arbitration if it is not settled within ten fourteen (1014) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, date the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy grievance was first brought to the attention of the same other party.
9.7. Whenever a stipulated time is mentioned under this Article, it refers to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her officeconsecutive calendar days. If the decision The times stipulated herein may be extended by mutual agreement of the Superintendent parties.
9.8. The Employer may dismiss a probationary employee for any reason whether the probationary period is unsatisfactory to extended or not, provided such dismissal is not otherwise arbitrary, discriminatory or in bad faith and this shall constitute a lesser standard for the Association, the Association may appeal same to the Board purpose of Education by filing a written grievance, along with the decision Section 43.1 of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionLabour Relations Act.
Appears in 3 contracts
Sources: Memorandum of Agreement, Memorandum of Agreement, Memorandum of Agreement
GRIEVANCE PROCEDURE. A. A (a) It is the Employer’s responsibility to maintain an environment in which employees remain free from harassment, intimidation, and any threats, explicit or implied, which are designed or might reasonably be understood to dissuade an employee from exercising their rights under Article 10, “Grievance Procedure,” or any other right provided for in this Collective Agreement.
(b) The parties recognize the importance of confidentiality and agree that all grievances will be discussed, disseminated or otherwise shared by each of them including the identity of the grievor(s) and the fact and the substance of individual grievance on a need to know basis as determined by each of them at their discretion.
(c) To ensure that complaints of employees are remedied as quickly as possible, the parties agree that the procedure for submitting and dealing with grievances, which shall be defined as an any difference arising out of the interpretation, application, administration or alleged violation, misinterpretation, or misapplication violation of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violationCollective Agreement, he/she will take the following stepsshall be as follows:
(i) Step 1: The member/AssociationUnion, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work days on behalf of the alleged violation andemployee, if not resolved, shall file may submit a written grievance with signed by the Supervisor grievor and their ▇▇▇▇▇▇▇ or Union representative, to the Chair of their Department within fifteen (15) work 20 business days after receiving the reply of the alleged violation employment supervisor. The nature of the grievance and discuss the remedy sought shall be clearly set out in the grievance. The Department Chair or their designate will deliver their decision in writing within 15 business days following the day on which the grievance was submitted them. Failing settlement at this Step, then:
(ii) Step 2: Within 15 business days following a decision under Step 1, the Union/grievor(s) may present the written grievance with to the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion ▇▇▇▇ of the written grievance with Faculty in which the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which grievor is not within the scope of a Supervisor's authority may be filed initially at step 2employed. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section ▇▇▇▇ or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange their designate will hold a meeting with the grievant and/or grievor(s), the designated Association representative within ten (10) work days after receipt of ▇▇▇▇▇▇▇ or Union Representative who signed the grievance and, at the ▇▇▇▇’▇ or designee’s discretion, an E/LR Representative to discuss the grievance. The ▇▇▇▇ or their designate will give their written decision within 15 business days after the date on which the grievance was submitted them. Failing settlement at this Step, then:
(iii) Step 3: Within ten 15 business days following a decision under Step 2, the Union griever(s) may submit the written grievance to the Vice-▇▇▇▇▇▇▇ (10) work days Faculty). The Vice-▇▇▇▇▇▇▇ (Faculty), or their designate, will convene a meeting with the grievor(s), the ▇▇▇▇▇▇▇ or Union Representative who signed the grievance and 2 other representatives designated by the President of the discussionLocal and, at the Vice ▇▇▇▇▇▇▇’▇ or designee’s discretion, an E/LR Representative, to discuss the grievance. The Step 3 reply is required in writing within 15 business days after the date on which the grievance was submitted them. Failing a satisfactory settlement at this Step, the Superintendent grievance may be referred to arbitration within 15 business days after the date on which the reply to Step 3 was given.
(d) At any point after a written grievance has been filed, upon consent, the parties may freeze the time limits in the grievance process to engage in Mediation or hisMediation/her designated agent shall render his/her decision in writing, transmitting a copy Arbitration. The Mediator will be selected by agreement of the same parties.
(e) Where the employment Supervisor is a Department Chair or Faculty ▇▇▇▇, the Union may advance to either Step 2 or Step 3 of the Grievance Procedure, as the case may be. Policy Grievance
10.02 A Policy Grievance will originate at Step 2. Any Policy Grievance filed by the Employer or the Union must be submitted within 20 business days after the date on which the circumstances giving rise to the grievant, grievance occurred or within 20 business days after the Association representativedate on which the grieving party reasonably ought to have known of the circumstances giving rise to the grievance. A Policy Grievance submitted by the Employer must be signed by the Assistant Vice-President and Chief Human Resources Officer or their designate, and appropriate Supervisora Policy Grievance submitted by the Union must be submitted by the Local President, and place or their designate.
10.03 Where a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the AssociationPolicy Grievance affects more than one Faculty, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionit shall be originated at Step 3.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. Section 1 A grievance shall be defined as an alleged violation, misinterpretationclaim by a Bargaining Unit Member, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel BEAP, that there has been a violation, misinterpretation or misapplication of any provision of this Agreement, may be processed as a grievance as hereinafter provided.
Section 2 In the event that a Bargaining Unit Member believes there is a grievance, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall first discuss the alleged grievance with the Supervisor informally within five (5) work days of the alleged violation andhis/her immediate supervisor, if not resolved, either personally or accompanied by a BEAP representative. The grievance shall file a written grievance with the Supervisor be filed within fifteen (15) work working days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion violation, misinterpretation, or misapplication.
Section 3 If, as a result of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the informal discussion with the Supervisor to Step 2immediate supervisor, a grievance still exists, the Bargaining Unit Member may invoke the formal grievance procedure through the BEAP. A copy of the grievance which is not within shall be delivered to the scope of a Supervisor's authority immediate supervisor. If the grievance involves more than one work location, it may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by with the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten designee.
Section 4 Within five (105) work working days after of receipt of the grievance grievance, the immediate supervisor shall meet with the BEAP in an effort to discuss resolve the grievance. The immediate supervisor shall indicate, in writing, his/her disposition of the grievance within seven (7) working days of such meeting, and shall furnish a copy thereof to the BEAP.
Section 5 If the BEAP is not satisfied with the disposition of the grievance, or if no disposition has been made within seven (7) working days of such meeting, or twelve (12) working days from date of filing, the grievance shall be transmitted to the Superintendent, or his/her designee. Within ten (10) work days of the discussionworking days, the Superintendent Superintendent, or his/her designated agent designee, shall meet with the BEAP on the grievance and shall indicate, in writing, his/her disposition within ten (10) working days of such meeting, and shall furnish a copy thereof to the BEAP.
Section 6 If the BEAP is not satisfied with the disposition of the grievance, or if no disposition has been made within ten (10) working days of such meeting, or twenty-two (22) working days from date of filing, the grievance shall be transmitted to the Board of Education. Within ten (10) working days, the Board of Education shall hold a hearing on the grievance and shall indicate, in writing, its disposition within ten (10) working days of such hearing, and shall furnish a copy thereof to the BEAP.
Section 7 If the BEAP is not satisfied with the disposition of the grievance by the Board of Education, or if no disposition has been made within the period provided above, the grievance may be submitted to arbitration. If the parties cannot agree as to the arbitrator, within five (5) working days from the notification that arbitration will be pursued, he/she shall be selected by the American Arbitration Association in accordance with its rules which shall likewise govern the arbitration proceeding. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that Judgment thereon may be entered in any court of competent jurisdiction.
Section 8 The arbitrator's fees and expenses shall be shared equally by the Board and the Association. The expenses and compensation of any witness or participant in the arbitration shall be paid by the party calling such witness or requesting such participant. The arbitrator shall render his/her opinion only with respect to the particular grievance submitted to him/her and such opinion shall be binding upon the Board and the Association. It shall be the function of the arbitrator, and he/she shall be empowered, except as his powers are limited below, after due investigation, to make a decision in writingcases of alleged violations of this Agreement.
A. He/She shall have no power to change the legal substance of this Agreement.
B. He/She shall have no power to establish salary scales.
C. The Board shall indemnify and save harmless the Association from any and all claims, transmitting demands, suits and other forms of liability by reason of any action resulting from this Article.
Section 9 If any Bargaining Unit Member for whom a copy grievance is sustained shall be found to have been unjustly discharged, he/she shall be reinstated with full reimbursement of all compensation lost. If any Bargaining Unit Member shall have been found to have been improperly deprived of any compensation or advantage, the same or its equivalent in money shall be paid to the grievant, the Association representative, him/her and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision record cleared of any reference to this action.
Section 10 The time limits provided in this Article shall be strictly observed, but may be extended by written agreement of the Superintendent is unsatisfactory parties.
Section 11 Notwithstanding the expiration of this Agreement, any claim, or grievance arising there under, and in process, may be processed through the grievance procedure until resolution.
Section 12 For the purpose of assisting a Bargaining Unit Member, or the BEAP, in the prosecution or defense of any contractual, administrative, or legal proceeding, including, but not limited to grievances, the Board shall permit a Bargaining Unit Member and/or BEAP representative access to, and the right to inspect and acquire copies of his/her personnel file and any other files or records of the Board which pertain to the AssociationBargaining Unit Member or any issue in the proceeding in question. Confidential letters of reference secured from sources outside the school system shall be excluded from inspection.
Section 13 A Bargaining Unit Member, who must be involved in the Association may appeal same to grievance procedure during the Board of Education by filing a written grievancework day, along with the decision of the Superintendentshall be excused, with the officer approval of the Board in charge Director of drawing up Human Resources, with pay for that purpose.
Section 14 If a grievance arises from the agenda for action of any authority higher than the Board's meeting, within ten (10) work days of receipt immediate supervisor of the Superintendent's decisionBargaining Unit Member, the BEAP may present such grievance at the appropriate step of the grievance procedure.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A Charges Against Employees Any employee against who charges may be received shall be required to report to his immediate non-union supervisor but not on his designated days off unless agreed upon by the employee. It is understood and agreed that any employee working the midnight shift who agrees to report on his day off, or is required to report prior to their normal start time, or after their normal completion time shall be paid a minimum of two (2) hours pay at the regular rate. It is further understood and agreed that this minimum pay shall not apply if the employee required to attend does so less than 20 minutes prior to commencement or within 20 minutes of the completion of his normal shift or hours of work. Any meetings taking longer than 20 minutes after the end of the shift will be paid for the duration of the meeting only. His case shall be considered and dealt with according to the rules and regulations of the Employer and according to the provisions of the collective agreement. An employee’s complaint shall not be received as a grievance until his immediate non- union supervisor has had an opportunity to adjust the complaint. Such employee may bring with him a member of the appointed or designated union representative.
5.1 No grievance shall be defined as an considered or be subject to the Grievance Procedure unless:
a) it is presented in writing on a Standard Grievance Form properly indicating: • date of presentation; • nature of grievance; • remedy sought; • clauses if the Agreement allegedly violated or the alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions occurrence said to have caused the grievance;
b) it is presented in writing within ten (10) calendar days after the occurrence of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss incident upon which the grievance with is founded to the Supervisor informally Director of Administration or his designate.
c) it is signed by the grievor and/or the union representative.
d) Grievance forms shall be available to the Union and supplied by the Employer.
5.2 Step One A designated management person, but not the person initiating the charge against the grievor shall hear, discuss and consider the grievance in the presence of the grievor who shall be represented by his union representative. Failing immediate settlement, after investigation, a decision shall be given in writing to the grievor and the Union within five (5) work calendar days of the alleged violation and, if not resolved, shall file a written grievance with hearing.
5.3 Step Two If the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to decision at Step 2. A grievance which One is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise considered satisfactory to the alleged violation;
d. it shall cite grievor, or to the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative Union, an appeal in writing within ten (10) work calendar days after receipt may be filed with the General Manager or his designate who agrees to hear, discuss and consider the grievance in the presence of the grievance to discuss the grievance. Within ten (10) work days grievor and members of the discussionappointed or designated Union Committee. Failing immediate settlement, the Superintendent or his/her designated agent after investigation and hearing pertinent witnesses, if any, a decision shall render his/her decision be given in writing, transmitting a copy of the same writing to the grievant, grievor and the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, Union within ten (10) work calendar days of after receipt of thereof. The failure to communicate the Superintendent's decisionManagement decision to the Union within the aforementioned time period will automatically result in the grievance being upheld.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as claim by an alleged violation, misinterpretation, employee or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take misinterpretation or misapplication of any provision of the following steps:Agreement may be processed as a grievance as hereinafter provided. It is understood that the creation of any rule, order, or regulation by the Board may not be processed as a grievance unless the rule, order, or regulation is in conflict with this Master Agreement.
Step 1: The member/B. An employee, group of employees, or the Association, with or without who believes that a designated representative, grievance exists shall first discuss the grievance matter informally with the Supervisor informally individual's immediate supervisor/ building principal. If the complaint applies to more than one building or if the matter is such that the building principal/ immediate supervisor does not have the power to grant the remedy requested, the discussion shall be with the Superintendent or his/her designee. Such discussion(s) shall occur within five (5) work working days from the time of the alleged violation and, if not resolved, shall file a written grievance with event or the Supervisor within fifteen (15) work days time the grievant reasonably should have learned of the alleged violation event.
C. If the grievance is not resolved to the satisfaction of the grievant at the informal conference, the employee shall have the Association's designated representative reduce the grievance to writing and discuss submit it to the written grievance with the Supervisor individual's immediate supervisor/building principal within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work working days of the discussion with informal conference. If the Supervisor grievance involves more than one building or if the building principal/immediate supervisor does not have the authority to Step resolve it, the grievance shall be submitted to the Superintendent or his/ her designee. The grievance shall include the following information:
1. An identification of the grievant(s);
2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed Signed by the grievant(s)/Association.
b. it shall be specificgrievant and/or designated Association representative;
c. it 3. It shall contain as complete a synopsis of the facts giving rise to the alleged violationviolation as the grievant can reasonably provide;
d. it 4. It shall cite specific parts of the contract, section or subsections of this contract or written Board policy subsection alleged to have been violated;.
e. it shall contain 5. As near as can be determined the date of the alleged violation;
f. it shall specify 6. The date of the filing of the grievance;
7. The particular specific relief requested;.
g. it D. Within five (5) days of receipt of the grievance, the administrator with whom the grievance is filed or his/her designee shall meet with the Association in an effort to resolve the grievance. The administrator shall indicate approval or disapproval by said disposition of the grievance in writing within three (3) days of such meeting, and shall furnish a copy thereof to the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting E. If the Association is not satisfied with the grievant and/or the designated Association representative within ten (10) work days after receipt disposition of the grievance (if initially filed with a principal or designee) or if no disposition has been made within three (3) school days of such meeting (or six [6] days from the date of filing, whichever shall be later), the grievance shall be transmitted to discuss the grievanceSuperintendent. Within ten five (105) work days of the discussion, the Superintendent or his/her designated agent designee shall render meet with the Association on the grievance and shall indicate his/her decision disposition of the grievance in writingwriting within three (3) days of such meeting, transmitting and shall furnish a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory thereof to the Association.
F. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within the period above provided, the Association may appeal same submit the grievance to arbitration before an impartial arbitrator selected by the parties in accordance with the rules of the Federal Mediation and Conciliation Service, which rules shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of the Agreement. The discipline/discharge of a probationary employee shall not be subject to the above grievance procedure.
G. The fees and expenses of the arbitrator and of the Federal Mediation and Conciliation Service shall be divided equally between the Board of Education and the Association.
H. If any employee for whom a grievance is sustained shall be found to have been unjustly discharged, the employee shall be reinstated with full reimbursement of all compensation lost. If said employee shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him/her. The foregoing is not intended to nor will it operate as a limitation upon an arbitrator's inherent authority to fashion an appropriate remedy, unless otherwise specified by filing a written grievance, along with this agreement or the decision agreement of the Superintendent, with the officer parties.
I. The time limits provided in this Article shall be strictly observed but may be extended by written agreement of the Board parties.
J. A day is defined as a day when school is in charge of drawing up session and the agenda employees involved in the grievance procedure are scheduled to report for work, except that during a summer recess, a day is a regular business day excluding holidays and weekends.
K. If an individual employee has a personal complaint which he/she desires to discuss with a supervisor, the Board's meeting, within ten (10) work days of receipt of employee is free to do so without recourse to the Superintendent's decisionGrievance Procedure.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined claim by a teacher or the Association as an alleged violationspecified below, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, misinterpretation or misapplication of any provision of the Agreement may be processed as a grievance as hereinafter provided. If any such grievance arises, there shall be no stoppage or suspension of work because of such grievance, but such grievance shall be submitted to the following grievance procedure.
B. At the beginning of each school year, the Ashland Teachers’ Association will form a standing grievance committee to hear and advise teachers on alleged violations of the Agreement. The teacher, upon receiving this advice, is free to initiate a grievance at Level One. Grievance Committee is to be comprised of three (3) professional employees with three (3) or more years of experience in the District.
C. An individual employee may present a grievance to the Board or its designated representative without the intervention of the Association or its representative as long as any adjustments are not inconsistent with the terms of this Agreement.
D. If, as a result of an informal discussion with the principal or appropriate administrator, a grievance still exists, he/she will take may invoke the formal grievance procedure through the Association or independently according to the following steps:
: Step 1One: The member/AssociationWithin five (5) days of the time a grievance occurs, with or without a designated representative, shall discuss the teacher will present the grievance to his/her immediate administrators during non-teaching hours with the Supervisor informally objective of resolving the matter informally. Within five (5) days after presentation of the grievance, the immediate administrator shall give his/her answer orally to the teacher with a dated receipt that a Step One meeting was held. Step Two: If the grievance is not resolved in Step One, the teacher must, within five (5) work days of receipt of the alleged violation andadministrator’s answer, if not resolvedsubmit to the administrator a signed, written “Statement of Grievance” (See Appendix F). This form shall name the teacher involved, shall file a written grievance with state facts giving rise to the Supervisor within fifteen (15) work days grievance, shall identify all the provisions of this Agreement alleged to be violated by appropriate reference, shall state the contention of the alleged violation employee and discuss of the Association with respect to these provisions, shall indicate the relief requested, shall be signed by the teacher involved. The administrator shall give the teacher an answer in writing no later than five (5) days after receipt of the written grievance with (See Appendix G). Step Three: If the Supervisor grievance is not resolved in Step Two, it must be submitted in writing within five (5) work days after to the Superintendent and the aggrieved teacher (and a representative of the Association, if the teacher so desires) shall meet within a reasonable time, not to exceed ten (10) days, in an attempt to resolve the matter. Step Four: If a satisfactory disposition of the grievance is filed. If no satisfactory conclusion is reached not made within the five (5) work days following the discussion of the written meeting provided in Step Three above, the teacher shall have the right to file said grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days Secretary of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after of the meeting provided in Step Three. Presentation of the grievance shall include the entire documentation of facts and information submitted at this step and at arbitration. The Board will have fifteen (15) days from receipt of the grievance certified letter to discuss the grievance. Within ten (10) work days of the discussionresolve and render its decision, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, Association and the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionaggrieved teacher.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. A For the purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. Grievances shall be defined as an alleged violation, misinterpretationprocessed in the following manner:
STEP 1: Within fourteen (14) calendar days of the occurrence of the difference, or misapplication within fourteen (14) calendar days of this Agreement or written Board policies affecting working conditions when the employee first becomes aware of the member. Should a member/Association feel that there has been a violationmatter giving rise to the difference, he/she will take the following steps:
Step 1: The member/Association, employee with or without the ▇▇▇▇▇▇▇ (at the employee's choice) shall discuss the difference in a meeting with the immediate supervisor. Where the immediate supervisor is also the Step 2 designate, this stage may be eliminated.
STEP 2: If the difference is not satisfactorily settled under Step 1 then, within fourteen (14) calendar days after the completion of Step 1, the employee with a ▇▇▇▇▇▇▇ shall meet with the representative designated representativeby the Employer with the authority to handle grievances at Step 2 to discuss and submit the grievance in writing. Within a further seven (7) calendar days of receipt of the written grievance, the representative designated by the Employer shall give a written response to the employee and the ▇▇▇▇▇▇▇. Should the grievance be denied, written explanations shall be given. If the grievance is not satisfactorily settled under Step 2, then the ▇▇▇▇▇▇▇ shall notify the Union within fourteen (14) calendar days of receipt of the written response to the grievance. Where the Union submits the written grievance, Step 1 shall be eliminated and the Union shall be substituted for the employee in Step 2.
STEP 3: The Union shall, within a further fourteen (14) calendar days of this notification, discuss the grievance with the Supervisor informally within five representative designated by the Employer with the authority to handle grievances at Step 3 (5who shall be outside the bargaining unit). Within a further seven (7) work calendar days of the alleged violation andStep 3 meeting, if not resolved, the representative designated by the Employer shall file a written grievance with respond in writing to the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after Union. Should the grievance is filedbe denied, written reasons for denial shall be given. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the SupervisorFailing settlement at this step, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise referred to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant Industry Troubleshooter and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her officearbitration. If the decision of the Superintendent is unsatisfactory to the Associationtime limits are not complied with, the Association may appeal same grievance shall be considered as being abandoned, unless the parties have mutually agreed in writing to extend the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.time limits
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violation, misinterpretation, or misapplication Disputes between employees and management arising during the term of this Agreement or written Board policies affecting working conditions shall be referred to a Business Representative of the memberUnion and to the Port within the timelines established. Should a member/Association feel that there has been a violationA grievance not brought within the time limit prescribed in this Article, he/she will take shall not be considered timely and shall be void. The time limits may be waived at each step by mutual agreement, in writing, by the following steps:Union and the appropriate management representative.
Step 1: 1 - The member/Association, with or without a designated representative, Union’s business representative shall discuss present the grievance with in writing to the Supervisor informally Employer Representative. The written grievance shall contain a statement of the relevant facts, the specific section(s) of the Agreement allegedly violated and the remedy sought. Any complaint, dispute or grievance not filed in writing by the complaining party within five twenty (520) work calendar days from the date either party knew or reasonably should have known of the alleged violation and, if not resolved, shall file a written grievance with be waived. The Union Business Representative and the Supervisor within fifteen (15) work days of Employer Representative shall meet to resolve the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work working days from date of filing. In the event settlement is not reached, the grievance shall proceed to Step Two (2).
Step 2 - If a settlement is not reached in the manner above described, the dispute shall be referred to a Joint Conference Committee that shall be set up under this Agreement and shall consist of two (2) representatives of management and two (2) representatives of the Union. This committee shall select its own chairman and secretary from within the committee, one from the Union and the other from Management and shall meet at such times and places as it may decide. It must meet within five (5) working days after a dispute is referred to it for resolution. However by mutual consent, the parties may extend the meeting deadline. Step 3 - In the event the grievance is not resolved in Step Two (2), Representatives of the Labor-Management Committee, one from each side, shall meet within five (5) working days of the discussion with completion of Step Two (2) and select an arbitrator by alternately striking from a list of five (5) names supplied by the Supervisor Federal Mediation and Conciliation Service (FMCS). The arbitrator shall not have the right to Step 2. A grievance which is not add to or subtract from any terms of this Agreement and all decisions must be within the scope and terms of a Supervisor's authority may be filed initially at step 2this Collective Bargaining Agreement. The written grievance, as required herein, Labor-Management Representatives shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting meet with the grievant and/or arbitrator and present their cases. They shall have the designated Association representative within ten (10) work days after receipt of right to override the grievance to discuss arbitrator during this meeting. In the grievance. Within ten (10) work days of the discussioneven they cannot reach a decision, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionarbitrator shall be final and binding.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A Any employee having a grievance shall be defined arising as an alleged violation, misinterpretation, to the application or misapplication interpretation of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1herein set forth: The member/Associationgrievance must be presented in writing by the association representative to the immediate supervisor, with on the form attached as Appendix II, within thirty (30) working days from the date of its occurrence. The grievance must include the grievant’s signature (when applicable) and must indicate the specific Article(s) allegedly misapplied or without misinterpreted.
A. If an employee feels he has a designated representativegrievance, he shall discuss the grievance with the Supervisor informally supervisor. A Union representative shall be given an opportunity to be present during all discussions.
B. If the matter is not disposed of within two (2) working days, it may be submitted in written form by the President to the supervisor.
C. The supervisor shall answer the grievance, in writing, within five (5) work days of working days.
A. If the alleged violation andSupervisor's answer does not resolve the grievance, if not resolved, shall file a written the chief association representative may submit the grievance with in writing to the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor Superintendent within five (5) work working days after from the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion receipt of the written grievance with supervisor's answer.
B. The Superintendent shall answer the Supervisor, the member/Association shall submit the written grievance within five (5) work working days from receipt of the written grievance.
A. If the Superintendent's answer does not resolve the grievance, the Union may submit the grievance to the Board of Education within five (5) working days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify receipt of the relief requested;
g. it shall indicate approval Superintendent's answer. The School Board or disapproval by a Board committee will arrange to discuss the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative grievance within ten (10) work working days. The Employer shall answer the grievance within five (5) calendar days from the date of the meeting.
A. If the Board's answer does not resolve the grievance, and the Union wishes to carry the matter further, it shall within thirty (30) calendar days after receipt of the grievance written reply at step 3, notify the Superintendent of its written intent to discuss submit the grievancematter to arbitration. Within ten (10) work days Upon receipt of the discussionUnion's notice of intent, the Superintendent or his/her designated agent parties shall render his/her decision in writing, transmitting a copy of the same attempt to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her officemutually select an arbitrator. If the decision of parties are unable to mutually select an arbitrator, the Superintendent is unsatisfactory to Union may file a Demand for Arbitration at the American Arbitration Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, provided that such Demand is filed within ten sixty (1060) work calendar days of after receipt of the SuperintendentEmployer's answer at Step 3. The matter shall thereafter be administered by the Commission in accordance with its Voluntary Labor Arbitration Rules. The Commission's administrative fee and the arbitrator's fees and expenses shall be borne equally by the parties. The arbitrator shall be required to issue his decision within thirty (30) days after the conclusion of testimony and argument.
B. The arbitrator shall have no power to add to, subtract from, alter or modify any of the terms of the Agreement. There shall be no appeal from the arbitrator's decision. Each such decision shall be final and binding on the Union and its members, the employee or employees involved, and the Employer.
C. Where no monetary loss has been alleged, the arbitrator shall have no power to order one.
D. If the proceedings involve any matter which is or might be alleged as a grievance are instituted in any administrative action before a government board or agency, or in any court, then any further proceedings on such grievance under this Article shall be barred. Likewise, it is expressly understood and agreed that taking an appeal to the arbitrator constitutes an election of remedies and waiver of any and all rights of the appealing party and any person or persons he, she or it represents to litigate or otherwise contest the appealed subject matter in any court, administrative agency or other forum.
E. The arbitrator shall have no jurisdiction over any dispute concerning the discipline, discharge, transfer, or layoff of any probationary employee.
F. Any grievance not appealed from one step of the Grievance Procedure to the next step, within the time limits set by the Grievance Procedure, shall be considered settled on the basis of the last answer and not subject to further review. An arbitrator shall have no power to reach the merits of a grievance which was not filed or appealed within the contractual time limits, however, nothing in this paragraph shall be deemed to require an arbitrator to hold a separate hearing on any timeliness issue. The time limits under this procedure may be extended by mutual agreement.
G. A grievance may be withdrawn without prejudice, and if so withdrawn, all financial liabilities shall be canceled.
H. No claim for back wages shall exceed the amount of wages the employee would otherwise have earned, reduced by monies which were earned but which would not have been earned had employment with the Employer continued and further reduced by unemployment compensation, if any, received. This paragraph shall not be construed as requiring an arbitrator to award back pay as a remedy. Grievance #
1. Superintendent
2. Principal/Supervisor 3. Association
A. Date Cause of Grievance Occurred B. 1. Statement of Grievance
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violationa dispute, misinterpretationclaim, or misapplication complaint filed by either an authorized representative of, or an employee in the bargaining unit. Grievances are limited to matters of interpretation or application of this Agreement collective bargaining agreement. Individual grievances shall be handled as follows:
1. Each school shall have one building representative appointed by the Union.
2. A teacher with a problem may first discuss the matter with the principal directly or written Board policies affecting working conditions accompanied by the Union building representative with the objective of resolving the matter informally.
3. In the event the matter is not settled informally, the aggrieved employee shall present his/her grievance in writing, five copies of which shall be given to the building representative.
a. Copies shall be given to the principal of the member. Should a member/Association feel that there has been a violationschool involved, he/she will take the following steps:Superintendent, and the Union Grievance Committee.
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within b. Within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work working days after the such written grievance is filed. , the aggrieved, the building representative of the Union, and the principal of the school involved shall meet to resolve the grievance.
c. If no satisfactory conclusion is reached the grievance cannot be resolved within five (5) work days following the discussion of the written grievance with the Supervisorafter such meeting, the member/Association matter shall submit be presented by the written Union Grievance Committee to the Assistant Superintendent (Personnel).
d. If the grievance cannot be resolved within five days after such presentation to the Assistant Superintendent (5) work Personnel), the matter shall be presented to the Superintendent of Schools.
e. Within ten days of such presentation, the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, Superintendent shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or issue his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussiondecision, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy copies of which shall be delivered to the aggrieved teacher, the Union Grievance Committee, and the Executive Secretary of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her officeUnion.
4. If the decision of the Superintendent Union is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along dissatisfied with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, Union only may within ten (10) work five days of after receipt of the Superintendent's decision:
a. Submit any grievance under this Agreement to binding arbitration under the labor arbitration rules of the American Arbitration Association at the equal expense of the parties;
b. The arbitrator shall have no power to add to, subtract from, or modify the collective bargaining agreement.
c. Or, if the Union so requests, the Board or its representatives will meet further with the Union to consider fairly and in good faith any other methods of settlement which might be mutually agreed upon, including private (non governmental) mediation and binding arbitration.
5. All time periods in number of days referred to in the grievance procedure shall mean school working days. The parties agree that time limits may be extended by mutual agreement of the parties.
6. If the grievance is not resolved, or if any required action is not performed within the time limit specified, the grievance shall automatically move to the next level.
7. Any grievance filed by a member of the bargaining unit shall be filed within 30 working days of the alleged violation.
8. The Union shall have the right to file a grievance in its own name subject to the same time requirements governing individual grievances and shall be entitled to appeal from any decision at any level of the grievance procedure in its own name without the consent of the aggrieved teacher.
9. No grievance concerning wages or any other economic benefit will be considered for a period more than six months prior to the filing of the written grievance in accordance with the procedure set forth herein. No claim against an employee concerning wages or other economic benefits will be considered for a period of more than six months after notification to the Union and/or employee of the benefits gained by the employees.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. 12.01 The parties to this Agreement believe that it is important to address complaints and grievances as quickly as possible. Notwithstanding any provision contained in this Article, any nurse and/or Association may present a complaint at any time without recourse to the formal written procedure described herein.
12.02 A grievance shall be defined as an a complaint regarding the interpretation or alleged violation, misinterpretation, or misapplication violation of this Agreement or written Board policies affecting working conditions Agreement, or, in the case of the member. Should a member/Association feel nurse who has acquired seniority under this Agreement, a complaint that there has been a violation, he/she will take the following stepshas been discharged or disciplined without just cause.
12.03 No grievance shall be considered:
Step 1: (a) which usurps the function of the Employer as set out in this Agreement, or
(b) where the circumstances giving rise to it occurred or originated more than ten (10) full working days before the filing of the grievance; in the case of a grievance involving computation of pay, the grievance may be filed within ten (10) days after receipt of pay.
12.04 The memberfollowing grievance process shall apply. It is agreed that the time limits may be extended by mutual agreement of the parties. Prior to the submission of a grievance, the nurse affected shall discuss his/Association, her complaint with or without a designated representative, his/her manager in order to provide the manager with an opportunity to rectify the problem. The nurse shall discuss the grievance complaint with the Supervisor informally his/her manager within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work working days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following circumstances giving rise to it have occurred or ought reasonably to have come to the discussion attention of the written grievance with the Supervisornurse. Failing settlement within ten (10) working days, the member/Association shall submit the written complaint may then be taken up as a grievance within five (5) work working days following the manager’s decision. The grievance shall be processed in the following manner and sequence: Step #1 The nurse may submit a written copy of the grievance to the Director of his/her division or designate within five (5) working days of receipt of the decision of the Program Manager or designate or within five (5) days of the discussion with time that the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2decision should have been received. The written grievance, as required herein, Director shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis meet with one or more of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date members of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant Grievance Committee and/or the designated Association representative nurse within ten (10) work working days after receipt of the submission of the written grievance. The Director shall give a decision in writing within ten (10) days following the day on which the grievance to discuss the grievancewas presented. Within ten (10) work working days of following the discussiondecision under Step No. 1, the Superintendent Union may present the grievance to the Chief Administrative Officer (or his/her designated agent shall render his/her designate). The Chief Administrative Officer (or designate) will meet with the grievance committee and/or nurse and will deliver a decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, writing within ten (10) work working days from the date on which the written grievance was presented. At this stage the employee and/or the Grievance Committee may be accompanied by a representative of the Union The decision of Chief Administrative Officer (or designate) will be rendered in writing within ten (10) working days following such meeting. Should no settlement be reached within ten (10) working days of receipt the Step 2 decision, then the next step in the Grievance Procedure may be taken.
12.05 If a final settlement of the Superintendent's decisiongrievance is not completed within ten (10) working days after the grievance has been submitted in writing at Step No. 2 of the Grievance Procedure, and if the grievance is one concerning the interpretation or alleged violation of this Agreement, or is a claim by a nurse that he/she has been discharged or disciplined without just cause, the grievance may be referred by either party to a Board of Arbitration or Sole Arbitrator as provided in Article 14 at any time within ten (10) days thereafter, but not later. Note: i) Any of the time allowances provided above may be extended by mutual agreement between the parties.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violationa complaint by a member, misinterpretationmembers, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violationviolation of any provision of this Agreement. The following matters shall not be the basis of any grievance filed under the procedure outlined in this article;
1. The termination of services of, he/she will take the following steps:or failure to reemploy, any probationary member.
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, content of an employee evaluation.
B. The Association shall designate its own representative(s) within each classification to process grievances. The Board designates the building principal or classification supervisor to act as required herein, its representative at Level One as hereinafter described and the superintendent or his/her designee to act at Level Two as hereinafter described.
C. Written grievances under this article shall containconform to the following specifications:
a. it 1. It shall be signed by the grievant(s)/Associationgrievant(s) and the Association.
b. it 2. It shall be specific;.
c. it 3. It shall contain a synopsis of the facts giving rise to the alleged violation;grievance.
d. it 4. It shall cite the section or subsections of this contract or written Board policy specific section(s) alleged to have been violated;.
e. it 5. It shall contain the date of the alleged violation;.
f. it 6. It shall specify the relief requested;.
g. it D. Any grievance not in compliance with C. (1-6) supra, may be challenged as improper. Grievances challenged under this provision shall indicate be corrected within time limitations hereinafter set forth.
E. Time limitations hereinafter established may be extended only by written, mutual consent of the parties.
F. Level One: A member of the Association alleging violation of any provision of this Agreement shall, within ten (10) days of the alleged violation, orally discuss the grievance with the building principal/supervisor. An association representative may be present at this oral conference. If no resolution is obtained within two (2) days of the discussion, the member shall reduce the grievance to writing as described in C. (1-6) supra. The written grievance form must be submitted to the principal/supervisor within two (2) days of the oral discussion. Within five (5) days of the receipt of the grievance, the principal/supervisor shall answer the grievance expressing written disposition with a copy of the grievance returned to the aggrieved. If no decision is rendered within five (5) days of the receipt or the decision is unsatisfactory to the grievant and the Association, the grievant shall, within five (5) days, appeal same to Level Two by filing such written grievance.
G. Level Two: A copy of the written grievance shall be filed with the Superintendent or his/her designated agent as specified in Level One with the endorsement thereon of the approval or disapproval by of the Association.
Step 2: The Superintendent . Within five (5) days of receipt of the written grievance, the superintendent or his/her designated agent shall arrange a meeting with the grievant grievant(s) and/or the designated Association representative within ten (10) work days after receipt association representative, at the option of the grievance grievant, to discuss the grievance. Within ten five (105) work days of the discussion, the Superintendent superintendent or his/her designated agent designee shall render his/her decision in writing, transmitting a copy of the same to the grievant, grievant and the Association classification representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If no decision is rendered within five (5) days of the discussion or the decision of the Superintendent is unsatisfactory to the grievant and the Association, the Association may grievant shall, within five (5) days, appeal same to the Board of Education Level Three by filing a such written grievance.
H. Level Three: A copy of the written grievance shall be filed with the President of the Board. Upon receipt of the written grievance, along with the decision of President shall place the Superintendent, with the officer of the Board in charge of drawing up grievance on the agenda for the Board's meeting, within ten (10) work days of receipt next regularly scheduled meeting of the Superintendent's decisionBoard. The Board shall render its decision not later than twenty (20) days after its hearing of the grievance.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. Section 1. A grievance is any controversy between the parties to this AGREEMENT which pertains to any matter involving interpretation, violation or misapplication of any of the provisions of this AGREEMENT.
Section 2. The presentation of a grievance shall be defined as an alleged violationconsidered the right of each employee without fear of reprisal.
Section 3. Any grievance must be presented to the employee's supervisor, misinterpretationin writing, either within ten (10) working days of the occurrence or ten (10) working days of the employee's learning of the occurrence. The grievance shall set forth in writing the facts and the specific provision of the AGREEMENT allegedly violated or the dispute, complaint, problem, issue, or misapplication of question existing and the specific relief sought. Any grievance which is not filed within this Agreement time limit shall be invalid and without further recourse. Failure to file or written Board policies affecting working conditions advance the grievance according to the established procedures and times shall cause that party to waive the right to respond to that level. If the employee or FEDERATION fails to respond, the grievance shall be canceled. If management fails to respond, the employee may proceed to the next level of the memberprocedure. Should a member/Association feel that there has been a violationTime limits or procedural steps may be waived upon mutual, he/she will take written agreement by both the following steps:employee and the Director of Human Resources.
Step LEVEL 1: The member/Association, with or without a designated representative, supervisor shall discuss respond to the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work working days of after receiving it. LEVEL 2: In the discussion with event the Supervisor to Step 2. A grievance which is not within resolved in Level 1, the scope of a Supervisor's authority grievance may be filed initially at step 2. The written grievancepresented, as required hereinin writing, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative employee's Department Head within ten (10) work days after receipt additional working days. As part of the grievance attempt to discuss resolve the grievance, the Department Head, Employee or Federation may request a meeting. Within If a meeting is requested, it shall be scheduled within five (5) working days of the request. A written response to the grievance shall be provided to the employee within five (5) working days of the meeting. At no time shall more than ten (10) work working days of elapse from the discussionemployee submitting the grievance to the Department Head for resolution without an extension being approved by both the Federation and the Employer. LEVEL 3: In the event the grievance is not resolved at ▇▇▇▇▇ ▇, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of employee may present the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same grievance to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, County Commissioners within ten (10) work working days after the Department Head responds in Level 2. The Board of County Commissioners shall have ten (10) working days to resolve the grievance.
Section 4. Any dispute which has not been resolved by the above grievance procedure may be submitted to arbitration by the aggrieved party provided it is submitted in writing within ten (10)
Section 5. The parties shall select an impartial arbitrator who shall be agreeable to the EMPLOYER and the FEDERATION. In the event that the parties to the dispute are unable to agree upon the selection of an arbitrator, the Federal Mediation and Conciliation Service shall be requested to provide a list of five (5) names. Each party to the dispute shall alternately strike names with the party bringing the grievance striking the first name, until one remains and that person shall be designated the arbitrator. The arbitrator shall consider the grievance and shall render a decision within twenty (20) days of the date of receipt of the Superintendent's decisiongrievance.
Section 6. The arbitrator shall not have the power to detract, modify or amend this AGREEMENT in any way.
Section 7. The decision of the arbitrator shall be binding upon all parties concerned.
Section 8. Each party shall bear the fees and expenses of the presentation of its own case. The fees and expenses of the impartial arbitrator shall be shared equally between the parties.
Section 9. In the event one of the parties to the arbitration wants a transcript of the arbitration proceedings, the party requesting the transcript shall pay the cost of such transcript.
Section 10. In computing any period of time prescribed or allowed by procedure herein, the date of the act, event or default for which the designated period of time begins to run shall not be included. The last day of the period so computed shall be counted, unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or a legal holiday. Time limits designated in Article 31 GRIEVANCE PROCEDURE of this AGREEMENT may be extended by mutual agreement between the parties involved.
Appears in 3 contracts
Sources: Memorandum of Understanding, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A The Employer and the Association agree that the grievance procedure should be an efficiency mechanism for the resolution of grievances. The agreed procedure shall be as follows:
i) The grievance shall be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally presented in writing within five (5) work working days of the alleged violation andto the Director of Education or designate, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with shall be submitted on the Supervisor form prescribed in Appendix A and shall be signed by the employee concerned and either the President or Vice- President of the Association.
ii) The employee concerned, an Association representative and the Director of Education or designate or designate shall meet to discuss the grievance within ten (10) working days of its receipt.
iii) The Director of Education or designate shall render a written decision within five (5) work working days after of the meeting.
iv) If the grievance is filed. If no satisfactory conclusion is reached not resolved in Step I, the Association may request the Director of Education or designate to facilitate the formation of a grievance committee within five (5) work working days following the discussion of the written grievance with receipt of the decision in Step I. This Committee shall consist of three members appointed by the Employer and three members appointed by the Association. Neither the griever nor the Association representative, nor the Supervisor, nor the member/Association Director of Education shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2Committee members. The written grievance, as required herein, shall contain:
a. it Committee shall be signed by formed, appoint its Chairperson from within who shall retain voting rights, hear the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or grievance and render its written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative decision within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work working days of the discussionrequest to be formed. A majority decision by the Committee shall be recommended to the Employer and the Association Executive, by their appointed members, for confirmation. This recommendation will be heard by the Superintendent or his/her designated agent shall render his/her decision in writingBoard and the Association Executive at their next meeting.
v) Grievances, transmitting which are not resolved after Step 2, may be referred to a copy Board of Arbitration within six (6) working days of the same to the grievant, the Association representative, Board and appropriate Supervisor, and place a copy Association's decisions.
vi) The Board of same in a permanent file in his/her office. If the decision Arbitration shall consist of the Superintendent is unsatisfactory to one (1) member appointed by the Association, one (1) member appointed by the Board and a Chairperson jointly named by the two (2) members so appointed. In the event the appointed members fail to agree on the appointment of a chairperson, the appointment of a chairperson shall be made by the chairperson of the Labour Relations Board
vii) The Board and the Association may appeal same to shall each pay one-half (1/2) of the remuneration and expenses of the person appointed as chairperson of the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionArbitration.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. Section 1. A grievance is defined as a dispute regarding the interpretation of jurisdiction and application of the provisions of this Site Jurisdictional Procedural Agreement filed by a UNION or EMPLOYER covered by this AGREEMENT. Disputes specifically related to the application and interpretation of the respective local or International Union Agreements shall be defined processed under the respective Agreement. All jurisdictional disputes between competing crafts employed on this SITE shall be processed in accordance with Sections 1, 3 and 3 of Article III.
Section 2. The COORDINATOR and the Idaho Building and Construction Trades Council (hereinafter referred to as an alleged violationCOUNCIL) shall attempt to achieve compliance with
Section 3. Grievances relating to the acts or failure to act of any particular Party shall be filed against that Party. There shall be no actual or threatened work stoppage, misinterpretationwork interruption, slowdown, featherbedding, sit down, strike, picketing, hand billing, or misapplication public notices of this Agreement or written Board policies affecting working conditions any kind during the entire term of the membergrievance proceedings.
Section 4. Should a member/Association feel Any EMPLOYER or UNION whose act or failure to act gave rise to any monetary damage or penalty shall be solely responsible therefor, and not the COORDINATOR, COUNCIL or OWNER.
Section 5. Other UNIONS or EMPLOYERS may also be joined as parties to any grievances when that there has been a violationUNION or EMPLOYER is directly affected by the outcome of the grievance, he/she will take or participated in the events giving rise to the grievance, and shall be bound by any decision.
Section 6. All grievances shall be handled in the following stepsmanner:
(a) Step 1: . A grievance may be filed no later than five (5) working days after the act alleged to constitute a grievance is first discovered. The member/Associationgrievance must be presented by the UNION or EMPLOYER to the proper Employer or Union representative involved, with or without a designated representative, shall discuss as the case may be. If the grievance with the Supervisor informally is not resolved within five (5) work days working days, the grievance shall be reduced to writing, citing the Article and paragraph of this AGREEMENT which has been allegedly violated. Such written notice shall identify and describe the grievance. It shall contain the name of the Grievant (the UNION or the EMPLOYER), a description of the act, failure to act or incident alleged violation andto constitute the breach; and a statement of the relief or remedy sought. The Grievance Procedure Form, if not resolvedattached hereto, shall file a written be used to initiate all jurisdictional grievances on this SITE.
(b) Step 2. If the grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss is not settled at Step 1, the written grievance with the Supervisor within may, no later than five (5) work working days after the grievance is filedtime limitation set forth above for Step 1, be referred by the grievant UNION or EMPLOYER involved to the COORDINATOR, for discussion and resolution by the COORDINATOR, if possible. If no satisfactory conclusion is reached within five (5) work days following the discussion This Shall be referred to as Step 2 of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/AssociationGrievance Procedure.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.
Appears in 3 contracts
Sources: Site Construction Jurisdictional Procedural Agreement, Site Construction Jurisdictional Procedural Agreement, Site Construction Jurisdictional Procedural Agreement
GRIEVANCE PROCEDURE. A. 14.1 The purpose of this article is to establish a procedure for the settlement of grievances which involve an alleged violation of a term or provision of this Agreement. All such grievances will be handled as provided in this article.
14.2 A grievance shall be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may must be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work working days after receipt of the grievance to discuss the grievance. Within its occurrence or within ten (10) work days of the discussiondate the employee, by reasonable diligence, should have known of its occurrence. The grievance must be submitted to the next step within the time limits provided or it will be considered settled. A grievance once settled at any one of the following steps shall not be further subject to the grievance procedure.
14.3 Grievances shall be processed in the following manner:
Step 1 Any administrator who has a grievance shall, with or without an Association Representative, discuss it first with the immediate supervisor, in an attempt to resolve the matter at this level. A decision shall be rendered within ten (10) working days.
Step 2 An unfavorable decision under Step 1 may be formally appealed to the immediate supervisor within ten (10) working days. The appeal must be in writing on the grievance form as provided by the Board of Education. The immediate supervisor shall render a decision within ten (10) working days.
Step 3 An unfavorable decision under Step 2 may be appealed to the Superintendent or his/her designated agent within ten (10) working days. The Superintendent shall render his/her a decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the within ten (10) working days.
Step 4 An unfavorable decision of the Superintendent is unsatisfactory to the Association, the Association under Step 3 may appeal same be appealed to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work working days. The Board shall render a decision within twenty (20) working days.
Step 5 If a grievance involving the interpretation or application of a specific provision of this Agreement has not been settled after being fully processed through the grievance procedure above, then the Association may submit such grievance to arbitration by giving written notice thereof to the Board not later than ten (10) working days after the completion of Step 4. The grievance shall be considered as having been settled at Step 4, unless it is so submitted to arbitration within such time limit. The choice of the Arbitrator shall be by agreement of the parties. However, if such agreement has not been reached within ten (10) working days after the receipt of such written notice submitting the Superintendent's decisiongrievance to arbitration, the grievance may be referred by the Association to the New Hampshire Public Employees Labor Relations Board for the selection of an arbitrator in accordance with the applicable rules of said Board. Any arbitration hereunder shall be conducted in accordance with such rules, subject to the provisions of this Agreement. Determinations and decisions set forth by said arbitrator shall be final and binding upon the parties. Each party to the arbitration shall assume its own expenses and an equal share of the expenses of the arbitrator.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violationSection 1. Having a desire to create and maintain harmonious labor relations between them, misinterpretationthe parties agree that they will promptly attempt to adjust all complaints, disputes, controversies or misapplication other grievances arising between them involving questions of interpretation or application of terms and provisions of this Agreement or written Board policies affecting working conditions Agreement.
1) Name of employee(s)/Union grieving;
2) Dates of the member. Should a member/Association feel that there has been a violation, he/she will take action(s);
3) The step of the following steps:grievance;
Step 1: The member/Association, with or without a designated representative, shall discuss 4) A complete statement of the grievance with the Supervisor informally within five (and facts upon which it is based;
5) work days Contractual rights of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged individual claimed to have been violated;
e. it 6) And specific remedy or correction requested.
Step 1. Any dispute involving the interpretation, application, or alleged violation of a specific provision of this Agreement shall contain be discussed with the date employee's immediate supervisor within fifteen (15) working days of the alleged violation;
f. it grievance. The immediate supervisor shall specify have fifteen (15) working days to respond. All grievances must be discussed with the relief requested;
g. it shall indicate approval or disapproval by immediate supervisor prior to the Associationfiling of a formal grievance and no formal grievance may be filed until the immediate supervisor has been given opportunity to attempt resolution.
Step 2: The Superintendent or his/her designated agent shall arrange . If the grievance is not resolved informally, a meeting with the grievant and/or the designated Association representative formal grievance may be presented in writing within ten (10) work working days after from the receipt of the immediate supervisor's response of Step 1 to the appropriate Management official. The Management representative at the second step shall have ten (10) working days from the receipt of the grievance to discuss respond in writing.
Step 3. If the grievance. Within ten (10) work days of grievance is not resolved at Step 2, it may be presented to the discussion, the Superintendent department director or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, designee within ten (10) work working days of the receipt of the Superintendent's Step 2 response. The director shall have twenty (20) working days to respond to the grievance in writing.
Step 4. Should the matter remain unresolved after Step 3, the parties will jointly contact a mediator within fifteen (15) working days of the director’s decision. If there is a cost associated, the parties will equally share costs. This step may be skipped if mutually agreed upon. Timeline for the grievance processing will be put on hold until the mediation is final.
Step 5. Should the matter remain unresolved following mediation, the Federation shall, within fifteen (15) working days of mediation, notify the director and the Chief of State Office of Labor Relations of its decision to take the grievance to final and binding arbitration.
Appears in 3 contracts
Sources: Supplemental Agreement, Supplemental Agreement, Supplemental Agreement
GRIEVANCE PROCEDURE. A. The following procedure shall be utilized in the processing of employee grievances: Step One A grievance must be in writing. A grievance shall be defined as an alleged violation, misinterpretation, signed by the Grievant or misapplication his/her authorized designee. In the case of this Agreement or written Board policies affecting working conditions a grievance on behalf of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with shall be signed by the Association’s authorized representative. Grievances shall be submitted to the Supervisor informally within five (5) work days who is most directly involved in the matter that is the subject of the alleged violation andgrievance, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days workdays of the date the Grievant or the Association knew or reasonably should have known of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisorevent, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievanceact, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts or occurrence giving rise to the alleged violation;grievance. Copies of the grievance shall be concurrently served upon the Assistant Superintendent for Human Resources and Legal Services and the Association. Within ten (10) workdays of receipt of the grievance, the supervisor shall meet with the Grievant and, if requested, the designated representative of the Association and/or the Association’s Executive Director, in an effort to resolve the grievance. Other representatives of the Employer may also attend such meeting if desired by the Employer. The supervisor shall provide the Grievant and the Association Representative with a written answer to the Grievant within ten (10) workdays of the Step One meeting. All written grievances must contain the following items:
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been a. The provision allegedly violated;
e. it shall contain the b. The date of the alleged violation;
f. it shall specify c. A description of the incident or occurrence giving rise to the grievance;
d. A statement of how the employee was injured by the Employer’s action and the relief requestedsought;
g. it shall indicate approval e. A list of those witnesses believed to have personal first hand knowledge of the incident or disapproval by occurrence giving rise to the Association.grievance. The list of witnesses may be supplemented at any time as additional witnesses become known to the grievant or the Union;
Step 2: f. The Superintendent signature of the grievant(s). If the Grievant or his/her designated agent shall arrange a meeting the Association is not satisfied with the grievant and/or decision of the supervisor at Step One, the Grievant or Association may appeal the grievance to Step Two by filing a written notice of appeal with the Assistant Superintendent for Human Resources and Legal Services (or other designated Association representative within of the Employer) no later than ten (10) work days after receipt of workdays following the grievance to discuss date the grievanceAssociation Representative received, or should have received, the Supervisor’s answer at Step One. Within ten (10) work days workdays of receipt of the discussiongrievance at Step Two, by either appeal or automatic advancement, the Assistant Superintendent for Human Resources and Legal Services (or his/her other designated agent shall render his/her decision in writing, transmitting a copy representative of the same Employer) shall meet with the Grievant and, if requested by the Grievant, the designated representative of the Association and/or the Association’s Executive Director in an effort to resolve the grievance. Other representatives of the Employer may also attend such meeting if desired by the Employer. The Assistant Superintendent for Human Resources and Legal Services (or other designated representative of the Employer) shall provide the Grievant and the Association Representative with a written answer to the grievant, grievance within ten (10) workdays of the Step Two meeting. If the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If is not satisfied with the decision of the Assistant Superintendent is unsatisfactory for Human Resources and Legal Services* Step Two, or if no answer has been provided to the AssociationGrievant and the Association at Step Two within the time permitted for doing so, the Association may appeal same the grievance to Step Three Arbitration. Grievances shall be arbitrated separately unless otherwise agreed in writing between the Board of Education by filing Employer and the Association. • File a written grievance, along Demand for Arbitration with the decision Assistant Superintendent for Human Resources and Legal Services* no later than ten (10) workdays following the date the Association Representative received, or should have received, an answer at Step Two. • The Association’s Executive Director and the Assistant Superintendent for Human Resources and Legal Services* shall attempt to agree on the selection of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, an Arbitrator. • If agreement cannot be reached within ten (10) work workdays of the Demand for Arbitration the Association shall have up to thirty (30) calendar days following the date the Association Representative received, or should have received, the answer at Step Two, as above provided, to file a Demand for Arbitration with the American Arbitration Association (AAA). • The Voluntary Labor Arbitration Rules of the AAA shall govern the arbitration hearing; in effect at the time the Association’s Demand for Arbitration is filed. • All hearings shall be held at a mutually agreeable site. • The Arbitrator shall have no power to add to, subtract from or modify any of the terms of this Agreement, nor shall he/she substitute his/her discretion for that of the Employer or the Association where such discretion has been retained by the Employer or the Association. • The fees and approved expenses of the Arbitration shall be borne equally by the Association and the Employer. If the hearing is held at the Employer’s or the Association’s facilities there shall be no charge. All other expenses shall be borne by the party incurring them. • The Arbitrator shall mail the decision directly to the parties within thirty (30) calendar days of receipt the close of the Superintendent's decisionarbitration hearing, or such later date as approved by the parties. • The Arbitrator’s decision established by this Agreement shall be final and binding upon the Employer, the Association and the employee or employees involved.
Appears in 3 contracts
Sources: Master Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violation, misinterpretation, misapplication or misapplication misinterpretation of the expressed terms of this Agreement and shall be resolved through the procedures set forth herein.
B. It is expressly understood that the grievance procedure shall not apply to those areas in which the Tenure Act prescribes a procedure or written Board policies affecting working conditions authorizes a remedy (discharge and/or demotion).
1. No grievance shall be filed due to the Board's failure to renew a contract for a probationary teacher.
2. No grievance shall be filed concerning any policy, rule, regulation or practice of the memberBoard.
3. Should No grievance shall be filed concerning any matter set forth in the Agreement which is covered by a member/state and/or federal law which may be pursued through an administrative agency.
C. The Board shall not be required to deal with individuals purporting to be representatives of the Association feel that there has unless such individuals have been a violationso authorized in written notice from the Association.
D. The Board hereby designates the Elementary Principal, he/she will take the following stepsMiddle School Principal and the Senior High School Principal to act as its representatives at Level One as hereinafter described and the Superintendent or designated representative to act at Level Two as hereinafter described
E. The term "days" as used herein shall mean days in which school is in session unless otherwise specified herein.
F. Written grievances as required herein shall contain the following:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it It shall be signed by the grievant(s)/Associationgrievant or grievants.
b. it 2. It shall be specific;
c. it 3. It shall contain a synopsis of the facts giving rise to the alleged violation;.
d. it 4. It shall cite quote at length the section or subsections sub-section of this the contract or written Board policy alleged to have been violated;.
e. it 5. It shall contain the date of the alleged violation;; and
f. it 6. It shall specify the relief requested;
g. it . The grievant shall indicate approval or disapproval by have the Associationright to have a representative of their choice present at any level of the Grievance Procedures. The Association also reserves the right to have a representative present at all proceedings beyond Level One.
Step 2: G. Level One
1. A grievant believing themselves wronged by an alleged violation of the expressed provisions of this contract shall, within five (5) days of its alleged occurrence orally discuss the grievance with the building principal in an attempt to resolve same. Within ten (10) days of the alleged occurrence, the grievant shall reduce the grievance to writing if it has not been resolved as a result of the oral discussion. The ten (10) days may be extended by mutual written agreement between the principal and the grievant. If no resolution is obtained within three (3) days of submission of the written grievance, the grievant shall proceed within eight (8) days of submission of the written grievance to Level Two.
H. Level Two
1. A copy of the written grievance as specified in Level One shall be filed with the Superintendent or his/her designated agent with the endorsement thereon of the grievant. Within five (5) days of receipt of the grievance, the Superintendent or designated agent shall arrange conduct a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt Representative at the option of the grievance grievant to discuss the grievance. Within ten five (105) work days of the discussion, the Superintendent or his/her designated agent shall render his/her their decision in writing, transmitting a copy of the same to building where the grievant, the Association representative, and appropriate Supervisor, grievance arose and place a copy of the same in a permanent file in his/her their office.
2. If no decision is rendered within five (5) days of the discussion or the decision of the Superintendent is unsatisfactory to the Associationgrievant, the Association grievant may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt by filing the written grievance and the decision of the Superintendent's decisionSuperintendent with the President of the Board of Education and the endorsement thereon of the approval or disapproval of the Association.
I. Level Three
1. Upon proper application as specified in Level Two, the Board shall allow the teacher or their Association Representative an opportunity to be heard at the meeting for which the grievance was scheduled, which shall not be later than thirty (30) days after filing of the grievance with the Board. Within seven (7) days from the hearing of the grievance, the Board shall render its decision in writing. The Board may hold future hearings therein or otherwise investigate the grievance provided, however, that in no event except with express written consent of the Association, shall final determination of the grievance be made by the Board more than seven (7) days after the initial hearing.
2. A copy of the written decision of the Board shall be forwarded to the Superintendent for permanent filing, the building principal for the building in which the grievance arose, the grievant and the Secretary of the Association.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A 11.01 It is the mutual desire of the parties hereto, that complaints of employees shall be adjusted as quickly as possible. The ▇▇▇▇▇▇▇ or Supervisor shall be given the opportunity to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance.
11.02 Grievance shall mean any difference or dispute concerning the interpretation, application, administration or alleged violation of the Collective Agreement.
11.03 If a complaint is not settled in accordance with 11.01 above within three (3) working days, the matter shall be reduced to writing within ten (10) working days from the incident giving rise to the complaint.
11.04 After receipt of the grievance, the Employer shall give his reply in writing to the Business Manager/ Secretary-Treasurer within ten (10) working days. If the matter is still not resolved then the Business Manager or his Assistant shall advise the Employer within ten (10) working days.
11.05 Within ten (10) working days of receipt of notification from the Business Manager/ Secretary-Treasurer in 11.04, the grievance shall be defined as an alleged violation, misinterpretation, discussed at a meeting between the Business Manager or misapplication of this Agreement or written Board policies affecting working conditions his Assistant and a Representative of the memberEmployer. Should a member/Association feel that there has been a violationAfter this meeting, he/she will take the following steps:Employer shall give his answer to the Business Manager/ Secretary- Treasurer in writing within ten (10) working days.
Step 1: The member/Association11.06 If the Employer's answer in 11.05 is unacceptable, with or without a designated representative, shall discuss the grievance shall then be discussed within a further five (5) working days at a meeting of the International Vice- President or his designated Representative and a Representative of the Employer. If the matter is not resolved within these five (5) working days, the matter shall be referred to the next step as outlined in 11.07.
11.07 Before proceeding to Arbitration, the parties shall advise an authorized representative of the Boilermaker Contractors' Association of the details. At the request of either party, the grievance may be discussed between an International Officer of the Union and an authorized representative of the Boilermaker Contractors' Association in order to obtain an interpretation of the Collective Agreement in connection with the Supervisor informally grievance. If the matter is still not resolved within five (5) work working days of the alleged violation andreferral to the Boilermaker Contractors' Association, if not resolvedthen at the request of either party, shall file a written the grievance with the Supervisor within fifteen (15) work days may be referred to Arbitration.
11.08 It is understood and agreed that any of the alleged violation time limits herein may be extended by mutual agreement in writing. In this Article, Saturday, Sunday and discuss the written grievance with the Supervisor within five (5) work days after Recognized Holidays shall not be counted as working days.
11.09 In cases where an employee is discharged, the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following shall be initiated at the discussion of level outlined in 11.04 and if the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which matter is not resolved within the scope of a Supervisor's authority steps and time limits outlined in 11.04 and 11.05, then the request for Arbitration may be filed initially initiated at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed this point by the grievant(s)/Associationeither party.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. LEVEL I - If the grievance is not resolved by informal discussion, it may be pursued further by submitting a completed Grievance Report Form (Appendix C), Level I, to the grievant's lowest level administrator with the authority to resolve it. A copy shall also be filed with the Superintendent. Within five (5) days of receipt of the Grievance Report Form, the administrator shall meet with the grievant. The administrator shall write a disposition of the grievance within three (3) days after such meeting by completing Level I of the Grievance Report Form and returning a copy to the grievant, the Superintendent, and the RLEA President. LEVEL II - If the grievant is not satisfied with the disposition of the grievance in Level I, the grievant shall be defined as an alleged violationcomplete Grievance Report Form, misinterpretationLevel II, and submit same to the Superintendent, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a memberhis/Association feel that there has been a violationher designee, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work school days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days receipt of the alleged violation and discuss the written grievance with the Supervisor within decision at Level I. Within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work school days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussionGrievance Form, the Superintendent or his/her designated agent designee shall render meet with the grievant. Within three (3) school days of this meeting, the Superintendent or his/her decision in writingdesignee shall write his/her disposition of the grievance by completing his/her portion of Level II, transmitting forwarding a copy of the same to the grievant, the Association representativeimmediate supervisor, and appropriate Supervisor, the RLEA President. An alternative procedure to Level II: The grievant and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same request to the Board of Education by filing a written grievance, along meet with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt Executive Session at its next regularly scheduled Board meeting or at another time by mutual consent of the Superintendent's decisionparties.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance (a) The Employer shall recognize Shop Stewards or Union executive appointed or otherwise selected by the Union bargaining unit, whose duties shall be defined as an alleged violationto investigate and to attempt to settle disputes and process any grievance in accordance with the grievance procedure. The number of Shop Stewards shall be seven (7).
(b) The Union shall notify the Employer, misinterpretationin writing, of the name of each Shop ▇▇▇▇▇▇▇ before the Employer shall be required to recognize any Shop ▇▇▇▇▇▇▇.
(c) In order that the work of the Employer shall not be unreasonably interrupted, the Shop ▇▇▇▇▇▇▇ shall not leave work without obtaining permission of their supervisor, which permission shall not be unreasonably withheld.
(d) Should a dispute arise between the Employer and any employee(s) or the Union regarding the interpretation, meaning, operation, or misapplication application of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violationviolated, he/she will take or should any other dispute arise, an ▇▇▇▇▇▇▇ effort shall be made to settle the dispute in the following stepsmanner:
Step 1: The member/Associationaggrieved employee(s), together with or without a designated representativethe Shop ▇▇▇▇▇▇▇, shall discuss attempt to settle the grievance with the Supervisor informally employee’s supervisor with all dispatch but at all times within sixty (60) days of the date of the incident causing the employee’s concern or the date the employee first became reasonably aware. The supervisor shall attempt to resolve the dispute within five (5) work working days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days being advised of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with Failing satisfactory settlement of the grievant and/or grievance after the designated Association representative completion of Step 1, the Union will submit to the Secretary-Treasurer within ten (10) work working days, a written statement of the particulars of the complaint and the redress sought. In an attempt to resolve the dispute a meeting shall be held with the Secretary-Treasurer or designate and the Union within seven (7) working days after of receipt of the grievance to discuss the written grievance. Within ten (10) work days of the discussionIn any event, the Superintendent Secretary-Treasurer or his/her designated agent designate shall render his/her the Employer’s written decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work working days after the meeting.
Step 3: Failing satisfactory settlement of the grievance after the completion of Step 2, the Union will notify the Employer in writing of their intention to further the grievance within ten (10) working days. A meeting of the Employer Committee and the Union shall be held within seven (7) working days after receipt of such notice. The Secretary-Treasurer or their designate shall render the Superintendent's decision.Employer’s written decision within ten
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A Section 1. The grievance procedure is a formal mechanism intended to assure that employee grievances arising from misunderstandings that may develop in the administration of this agreement are promptly heard, answered, and appropriate action taken to correct a particular situation.
Section 2. The term grievance shall be defined as mean an alleged violationallegation by a bargaining unit employee or the Union that there has been a breach, misinterpretation, or misapplication of the express terms of this Agreement agreement. Unsafe or written Board policies affecting unhealthy working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance not acted upon in accordance with the Supervisor informally within five (5) work days provisions of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor Article 5 may be processed at Step 3 within fifteen (15) work days of the alleged violation and discuss written report to the written Chief.
Section 3. A grievance, under this procedure, may be brought by any employee. Where a group of employees desire to file a grievance with involving a situation affecting each member in the Supervisor within five (5) work days after same manner, one member selected by such group may process the grievance.
Section 4. A grievance is filed. If no satisfactory conclusion barred unless it is reached presented at Step 2 within five thirty (530) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work calendar days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts actual event giving rise to the alleged violation;grievance.
d. it Section 5. All grievances must be processed at the proper step in the progression in order to be considered at the subsequent step.
Section 6. The Labor Council agrees to indemnify and hold the Employer harmless against any and all claims, demands, suits, or other forms of liability that may arise out of any determination that the Labor Council failed to fairly represent an employee during the exercise of his rights as provided by the Grievance and Arbitration Procedure contained herein.
Section 7. A grievance shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it be submitted in writing and shall contain the date following information:
A. aggrieved employee's name;
B. aggrieved employee's classification;
C. name of the alleged violationemployee's immediate supervisor;
f. it shall specify D. date and time of the relief requestedincident giving rise to the grievance;
g. it shall indicate approval or disapproval by E. date and time the Associationgrievance was first discussed;
F. a statement as to the specific articles and sections of the agreement violated; G. a brief statement of the facts involved in the grievance; and H. the remedy requested to resolve the grievance.
Section 8. The time limitations provided for in this article may be extended by mutual written agreement between the Employer and Labor Council. Working days, as used in this article, shall not include Saturdays, Sundays, or holidays.
Section 9. The following procedure shall be utilized for handling an employee's grievance:
A. Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.1 - Informal
Appears in 3 contracts
Sources: Lieutenants and Sergeants Contract, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance herein shall be defined as an alleged violation, misinterpretationmean a difference between the Board and the Association, or misapplication of this Agreement the Board and the member, arising from the interpretation, application, administration or written Board policies affecting working conditions alleged violation of the member. Should Agreement.
a) If a member/Association feel that there member has been a violationcomplaint, he/she the member will first take the following steps:complaint up orally with his/her superior officer and, within twenty-four (24) hours of lodging the complaint, notify at least one member of the executive of the Association. After considering the complaint, the superior officer will reply to the member within one week of the complaint first being presented.
Step b) If the reply of the superior officer is not satisfactory, the Association shall, within one (1: The member/Association) week of the superior officer’s reply, with or without a designated representativeif no reply is given within one week, shall discuss file the grievance in writing with the Supervisor informally within five Chief of Police or designate. Within one (51) work days week of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion receipt of the written grievance grievance, the Chief of Police or designate will meet with the Supervisor, the member/Association shall submit the written grievance within five (5) work days appointed representatives of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten one (101) work days week of the discussionmeeting, a written reply to the grievance will be given to the Association by the Chief of Police.
c) If the Association has a complaint other than a member complaint, it shall file with the Chief of Police the grievance in writing within two (2) weeks of the occurrence giving rise to the grievance coming to the attention of the Association. Within one (1) week of the receipt of the written grievance, the Superintendent Chief of Police or his/her designated agent shall render his/her decision in writing, transmitting a copy designate will meet with the appointed representatives of the same Association to discuss the grievance. Within one (1) week of the meeting, a written reply to the grievantgrievance will be given to the Association by the Chief of Police or designate.
d) If the reply of the Chief of Police or designate to either a member’s complaint or an Association complaint is not satisfactory, the Association representativeshall, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision within one (1) week of the Superintendent receipt of the Chief of Police’s or designate’s reply, or if no reply is unsatisfactory given within one week, submit the written grievance to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten ’s designate committee. Within thirty (1030) work days of receipt of the Superintendent's decisionwritten grievance, the Board’s designated committee will meet with the appointed representatives of the Association to discuss the grievance. Within one (1) week of the meeting, a written reply to the grievance will be given to the Association by the Board’s designated committee.
e) Any grievance which is not settled after completing the procedure set out above may be referred to arbitration in accordance with the Police Services Act.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. It is the intent of the parties to this Agreement that the grievance procedure set forth herein shall serve as a means for a peaceful settlement of disputes that may arise between them as to the application and interpretation of this Agreement. A grievance shall be defined as an alleged violation, misinterpretation, or misapplication violation of the expressed terms of this Agreement or written Board policies affecting working conditions Agreement. Any grievance not answered within the time limits by the District may be processed to the next step of the membergrievance procedure, and any grievance not appealed by the Union within the time limits shall be deemed withdrawn by the Union. Should However, the parties may only agree in writing to hold in abeyance or extend the time limits at any step of the grievance procedure. Any employee having a member/Association feel that there has been a violation, he/she will take grievance shall present it to the following stepsEmployer as follows:
Step 1: The member/Association. An employee with a grievance shall discuss the grievance, with or without a designated representative▇▇▇▇▇▇▇ and/or Chapter Chairperson, shall discuss the grievance with the Supervisor informally immediate supervisor within ten (10) regularly scheduled working days of the alleged occurrence. The immediate supervisor shall give a verbal answer, documented in writing, within five (5) work working days of such discussion, both to the alleged violation andGrievant and the appropriate ▇▇▇▇▇▇▇ and/or Chapter Chairperson.
Step 2. If the answer at Step 1 is not satisfactory, if not resolvedthe grievance shall be presented, shall file a written grievance with in writing, by the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor ▇▇▇▇▇▇▇ and/or Chapter Chairperson within five (5) work working days after of the Step 1 answer. The immediate supervisor shall sign and date the ▇▇▇▇▇▇▇'▇ and/or Chapter Chairperson’s copy of the grievance is filedupon receipt. If no satisfactory conclusion is reached The immediate supervisor shall answer the grievance, in writing, within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work working days of receipt of the Superintendentgrievance. The supervisor shall accept, deny, refute, or add to any facts presented by the Union at either Step 1 or Step 2 Hearings in his answer. The ▇▇▇▇▇▇▇ and/or Chapter Chairperson shall sign and date the immediate supervisor's decisioncopy of the grievance upon receipt.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. 5.1 Any dispute between the City and the Guild or between the City and any employee covered by this Agreement concerning the interpretation, application, claim of breach, or violation of the express terms of this Agreement shall be deemed a grievance. The Guild or any employee within the bargaining unit who may feel aggrieved by the Employer’s interpretation or application of the terms of this Agreement may seek his/her remedy by the procedure provided in this Agreement. Throughout the grievance/arbitration procedure, an aggrieved employee shall have the rights guaranteed by RCW
5.1.1 An employee has the right to have a Guild representative, Guild officer or Shop ▇▇▇▇▇▇▇ present at each step of the grievance procedure.
5.2 A grievance shall be defined processed as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following stepsfollows:
Step 1: 1 - The member/Association, with or without a designated representative, grievance shall discuss be submitted in writing to the grievance with the Supervisor informally Parking Enforcement Section Commander within five twenty (520) work business days of the alleged violation and, if not resolved, contract violation. The grievance shall file include a written grievance with the Supervisor within fifteen (15) work days description of the alleged violation incident and discuss the written grievance with the Supervisor within five (5) work days after date it occurred. The parties agree to make every effort to settle the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2this stage promptly. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall Section Commander should consult and/or arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance employee’s supervisor or such other person as is necessary to discuss resolve the grievance. Within ten (10) work business days after being notified of the discussionalleged grievance, the Superintendent or his/her designated agent Section Commander shall render his/her decision make arrangements for a grievance meeting and shall answer the grievance in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, writing within ten (10) work business days after the grievance meeting.
Step 2 - If the grievance is not resolved as provided in Step 1, it shall be submitted in writing by the Guild to the Bureau Chief with a copy to the City Director of Labor Relations within ten (10) business days after the receipt of the SuperintendentStep 1 answer. The Step 2 grievance shall state the section(s) of the Agreement allegedly violated, provide a detailed explanation of the grievance, and identify the remedy sought. Step 3 - If the grievance is not resolved as provided in Step 2 above, the grievance, as presented in Step 2, as well as a statement of the Guild identifying in general those issues that remain unresolved, shall be forwarded by the Guild within ten (10) business days after the Step 2 answer to the City Director of Labor Relations with a copy to the Chief of Police. The Guild may also include a statement of the Guild’s reasons for not accepting the Step 2 response. Step 4 - If the alleged grievance is not settled in Step 3, it may be referred for arbitration by one or both parties. Upon notice of intent to arbitrate, the City and the Guild may mutually agree upon an arbitrator. If a mutual agreement on the arbitrator is not reached, either party may submit a request to the Public Employment Relations Commission (“PERC”) for a list of neutral arbitrators. Such reference to arbitration will be made within twenty (20) business days after decision in Step 3, and will be accompanied with the following information:
A. Identification of Section(s) of Agreement allegedly violated.
B. Details or nature of the alleged violation.
C. Position of party who is referring the grievance to arbitration.
D. Question(s) which the arbitrator is being asked to decide.
E. Remedy sought. The grievance must be submitted to binding arbitration within the time frame specified in Step 4 and processed within the time frame specified in Step 4 after receipt of notification from the Alternative Dispute Resolution (“ADR”) Coordinator that the grievance was not resolved in mediation. The City and the Guild will meet to select, by mutual agreement or by alternatively striking names, an arbitrator to hear the parties’ dispute. If the striking method is used, the first party to strike a name will be determined by a coin toss. If the initiating party fails to begin the process for the selection of an arbitrator and, as a result, an arbitrator is not selected within ninety (90) calendar days of the referral to arbitration, the referral to arbitration shall be deemed withdrawn. At any point subsequent to the submission of the grievance, the parties may agree to submit the dispute to a voluntary mediation process through the City’s ADR process or to a mutually agreed upon mediator. Following a joint agreement to send the dispute to mediation, the grievance shall be held in abeyance until either, or both, party(ies) decide to end the mediation process, at which point the step timelines specified herein shall resume.
5.3 The parties agree to abide by the award, which shall be final and binding.
5.4 In connection with any arbitration proceeding held pursuant to this Agreement, it is understood as follows:
A. The arbitrator shall have no power to render a decision that will add to, subtract from, or alter, change, or modify the terms of this Agreement, and his/her power shall be limited to interpretation or application of only the express terms of this Agreement.
B. The decision of the arbitrator regarding any arbitrable difference shall be final, conclusive, and binding upon the City, the Guild, and the employees involved.
C. The cost of the arbitrator shall be borne equally by the City and the Guild, and each party shall bear the cost of presenting its own case. [Note: One party could bear the cost of the arbitrator for disciplinary grievances submitted to arbitration under the Offer of Settlement procedure.]
D. The arbitrator's decisiondecision shall be made in writing and shall be issued to the parties within thirty (30) calendar days after the case is submitted to the arbitrator.
5.5 Any time limits stipulated in the grievance procedure may be extended for stated periods of time by the appropriate parties by mutual agreement in writing. Similarly, any aspect of this Article may likewise be modified by written agreement of the parties.
5.6 A grievance in the interest of ten (10) or more of the employees in the bargaining unit shall be reduced to writing by the Guild and may be introduced at Step 2 of the grievance procedure and be processed within the time limits set forth herein. A grievance in the interest of a majority of the employees in the bargaining unit shall be reduced to writing by the Guild and may be introduced at Step 3 of the grievance procedure and be processed within the time limits set forth herein.
5.7 Employees covered by this Agreement shall follow all written and verbal directives even if such directives are allegedly in conflict with provisions of this Agreement; provided however, that this provision does not impair the right to subsequently grieve such directive and to obtain appropriate recourse for said alleged violation.
5.8 Failure by an employee or the Guild to comply with any time limitations of the procedure in this Article shall constitute withdrawal of the grievance. Failure by the City to comply with any time limitation of the procedure in this Article shall allow the Guild to proceed to the next step without waiting for the City to reply at the previous step.
5.9 Arbitration awards or grievance settlements shall not be retroactive beyond the date of the occurrence or non-occurrence upon which the grievance is based, that date being twenty (20) business days or less prior to the initial filing of the grievance.
5.10 Either party may make an Offer of Settlement to encourage settlement of a grievance in advance of a scheduled arbitration hearing. However, in the event a party refuses to accept an Offer of Settlement and recovers less than was offered in such Offer of Settlement, said party will be required to bear all of the costs of arbitration, excluding attorney and witness fees, contrary to Section 5.4 above.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section A. A Should differences arise between the Employer and the Union, or its members employed by the Employer, as to the meaning and application of this Agreement, an ▇▇▇▇▇▇▇ effort shall be made to settle the same by the following procedure:
Step 1 - Any employee having a complaint or grievance shall, within five working days after the occurrence complained of, go directly to his/her supervisor for discussion of the problem. The supervisor must make a serious effort to answer the complaint without delay, and in no event shall the time of the supervisor's consideration exceed five working days.
Step 2 - Any employee whose complaint or grievance cannot be satisfied at Step 1 shall reduce it to writing* within ten (10) working days on a designated form which shall be delivered to the Union ▇▇▇▇▇▇▇, who shall deliver said grievance to the Employer. The Employer shall confer with the employee and a Union ▇▇▇▇▇▇▇ at his/her earliest opportunity, not to exceed five working days. The Employer shall provide a written answer within five working days of said conference. *The written grievance shall contain at least the following information:
a. The name(s) of the grievant(s);
b. The date of the cause giving rise to the alleged violation(s);
c. The facts (time, date, place, who was involved, and what happened) giving rise to the alleged violation(s);
d. The article(s) and section(s) alleged to be violated;
e. The relief requested.
Step 3 - If the employee or ▇▇▇▇▇▇▇ are not satisfied with the disposition of the grievance by the Employer, or if no disposition has been made within five working days of such meeting, the grievance shall be defined as an alleged violation, misinterpretationtransmitted to the Superintendent of Schools, or misapplication of this Agreement his/her designee, within five working days by filing a written copy thereof. The Superintendent, or his/her designee, shall meet with the Grievance Committee within five working days to discuss the complaint. The Superintendent, or his/her designee, shall provide a written Board policies affecting answer within five working conditions days.
Step 4 - If the Union is not satisfied with the disposition by the Superintendent or designee, or if no disposition has been made within seven working days after expiration of the membertime limit in Step 3, the Union may appeal the grievance to the Labor Mediation Board within seven working days. Should The union must notify the Employer in writing within three working days after the appeal request.
Step 5 - If the parties are unable to reach a member/Association feel that there has been solution to a violationgrievance at Step 4, he/she will take the grievance may be submitted to arbitration through the Michigan Employment Relations commission under the following stepsconditions:
Step 1: a. The member/Association, with or without a designated representative, shall discuss party that chooses to submit the grievance with to arbitration must notify MERC and the Supervisor informally other party in writing within five ten (51O) work days from the date of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days receipt of the alleged violation and discuss the written grievance with hearing decision from the Supervisor Step 4 grievance hearing.
b. Any grievance not submitted to arbitration time herein provided shall be deemed withdrawn.
c. The parties will select an arbitrator through the Michigan Employment Relations Commission.
d. The only evidence or arguments which may be presented at the arbitration hearing are those which were used in the previous steps of this grievance procedure and to which written reference has been made.
e. The arbitrator shall have no authority except to pass upon alleged violations of the expressed terms of this Agreement. The arbitrator shall have no power to alter, add to, subtract, or vary the terms of this Agreement. The arbitrator shall not have the authority to determine that any provision is unconstitutional or contrary to federal or state statute, it being expressly agreed that such determination shall be made by a court of competent jurisdiction.
f. The arbitrator shall render a written opinion within five thirty (53O) work days after the grievance is filedarbitration hearing.
g. The costs of arbitration shall be born by the party least supported by the arbitrator's decision as determined by the arbitrator. If no satisfactory conclusion is reached The arbitrator shall not have the authority to split the costs but must determine the paying party. The losing party will pay the full costs of the arbitrator and his/her decision. Each side will pay its own costs for legal fees and witnesses.
h. Step five of this process may be used four (4) times per year, July 1 to June 3O. All other grievances will stop at step 4.
i. Either party shall have the right within five (5) 1O work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain from the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange arbitrator's decision to apply to a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt court of competent jurisdiction for a rehearing of the grievance as to discuss the grievance. Within ten (10) work days of the discussionlaw provided, the Superintendent or his/her designated agent shall render his/her decision in writinghowever, transmitting a copy of the same to the grievantthat if application is not made within such time period, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory arbitrator shall be binding.
Section B. The grievance procedure shall not apply to:
a. A grievance by an employee who desires to assert his/her right to present such grievance to the AssociationEmployer and have it adjusted without interference of the Union, provided that the adjustment is not inconsistent with the terms of this Agreement. A copy of any adjusted grievance under this paragraph, at the Superintendent level or above, will be forwarded to the Union President.
b. The discharge, discipline, or suspension of a new robationary employee or evaluation of any employee.
c. Any provision of this Agreement which contains an express exclusion from this procedure.
Section C. It is mutually understood and agreed that when an employee believes that a cause for complaint exists, such employee shall have the right to meet and consult a ▇▇▇▇▇▇▇. In such event, the Association may appeal same employee shall request of his/her supervisor that the ▇▇▇▇▇▇▇ be summoned. The supervisor shall comply with this request as promptly as possible and arrange that the employee and the ▇▇▇▇▇▇▇ have an opportunity to confer.
Section D. It is mutually agreed that all parties involved in differences shall strictly adhere to the Board of Education time limits contained herein except by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionmutual agreement.
Appears in 2 contracts
Sources: Maintenance and Operations Master Agreement, Maintenance and Operations Master Agreement
GRIEVANCE PROCEDURE. A. A It is the intent of the parties to this Agreement the grievance procedure set forth herein shall be defined serve as an alleged violation, misinterpretation, or misapplication a means for a peaceful settlement of disputes that may arise between them as to the application and interpretation of this Agreement or written Board policies affecting working other conditions of employment. In order to be a proper matter for the membergrievance procedure, the grievance must be presented within ten (10) working days of the employee's knowledge of its occurrence. Should The Employer will answer, in writing, to the Association any grievance presented to it.
Step 1 - Any employee having a member/Association feel that there has been a violation, he/she will take complaint shall present it to the following stepsEmployer as follows:
Step 1: The membera) If an employee has a complaint, s/Association, he shall discuss the problem with an administrator with or without a designated representativean Association Representative(s).
b) If the matter is not disposed of, shall discuss it will be submitted in written form by the Association to an administrator. Upon receipt of the grievance with the Supervisor informally administrator shall sign and date the employee's copy of the grievance.
c) The administrator shall give his/her answer to the Association in writing within five (5) work working days after receipt of the alleged violation andgrievance.
Step 2 - If the answer is not satisfactory to the Association, if not resolved, it shall file a written grievance with be presented in writing by the Supervisor within fifteen (15Association Representative(s) work days of to the alleged violation and discuss the written grievance with the Supervisor Superintendent or his/her designee within five (5) work working days after the grievance administrator's response is fileddue. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent designee shall arrange a meeting with sign and date the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievanceAssociation's copy. Within ten (10) work days of the discussion, the The Superintendent or his/her designated agent designee shall render his/her decision respond to the Association in writing, transmitting a copy writing within five (5) working days of receipt of the same to grievance.
Step 3 - If the grievantgrievance remains unsettled, it shall be presented by the Association representative, and appropriate Supervisor, and place a copy of same Representative(s) in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same writing to the Board of Education by filing a written grievance, along with or their official designee within five (5) working days after the decision response of Step 2 is due. The Board or official designee shall sign the Superintendent, with Association's copy. The Board shall respond in writing to the officer of Association within five (5) working days following the next official Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.
Appears in 2 contracts
Sources: Master Contract Agreement, Master Contract Agreement
GRIEVANCE PROCEDURE. A. (a) A grievance shall be defined as an alleged violation, misinterpretation, or misapplication of the express terms of this Agreement Agreement.
(b) The time elements in the steps can be shortened or extended upon written Board policies affecting mutual agreement between the parties.
(c) Working days shall be defined as those days Monday through Friday.
(d) Matters of working conditions are subject to conferences, to be called by either party.
(e) Any employee grievance or Association grievance not presented for disposition through the Grievance Procedure in five (5) working days of the member. Should a member/Association feel that there has been a violationoccurrence of the condition giving rise to the grievance, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work working days of the alleged violation anddate it is reasonable to assume that the employee first became aware of the conditions giving rise to the grievance, the grievance shall not hereafter be considered a grievance under this Agreement.
(a) Any employee having a grievance shall discuss the grievance informally with his supervisor, and then if the grievance is not resolvedsettled orally, shall file the employee may request a written grievance meeting with the Supervisor within fifteen (15) work days of ▇▇▇▇▇▇▇ and the alleged violation and supervisor to discuss the written grievance.
(b) In the event the grievance with is not settled orally by the Supervisor supervisor, the ▇▇▇▇▇▇▇ shall submit the grievance in writing to the supervisor within five (5) work working days after from the oral presentation. The employee and the ▇▇▇▇▇▇▇ shall sign the grievance forms. The grievance forms must indicate (1) statement of the grievance and the facts upon which it is filedbased and citing the alleged violation(s) of the Agreement, and (2) the remedy or correction requested. If no satisfactory conclusion is reached The supervisor shall give his decision in writing within five (5) work days following working days.
(a) Any appeal of a decision rendered by the discussion of immediate supervisor shall be presented in writing to the written grievance with the Supervisor, the member/Association shall submit the written grievance Superintendent or his designee within five (5) work working days of the discussion with receipt of the Supervisor to Step 2. A grievance which is not within written decision of the scope of a Supervisor's authority may be filed initially at step 2immediate supervisor. The written grievance, as required herein, appeal shall contain:
a. it shall be signed by state the grievant(s)/Associationreason or reasons why the decision of the immediate supervisor was not satisfactory.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: (b) The Superintendent or his/her designated agent his designee shall arrange meet with an Association Representative at a meeting with time mutually agreeable to them, but not later than fifteen (15) working days following receipt of the grievant and/or appeal.
(c) The Superintendent or his designee shall then give his decision in writing to the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work working days of the discussion, meeting.
(a) Any appeal of a decision rendered by the Superintendent of Schools or his/her designated agent his designee shall render his/her decision be presented in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same writing to the Board of Education by filing a written grievance, along with within five (5) working days from the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days date of receipt of the Superintendent's decision.decision rendered by the Superintendent of Schools or his designee. The President of the Board, within ten
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violation, misinterpretation, or misapplication violation of the expressed terms and conditions of this Agreement contract.
B. The aggrieved shall have the right of Association representation for any or written Board policies affecting working conditions all steps of the membergrievance procedure. Should a memberHowever, an individual employee may have his/her grievance(s) adjusted without the intervention of the Association, if the adjustment is not inconsistent with the terms of this contract and provided that the Association feel that there has been given an opportunity to be present at any such adjustment. The Association Board of Directors shall have the right to be present and state its views at all steps of the grievance process.
a. When a cause for grievance occurs, the affected bargaining unit member(s) shall request a meeting with his/her immediate supervisor in an effort to resolve the complaint. This request shall be made within three (3) days after the occurrence of the alleged violation. If the aggrieved is not satisfied with the result(s) of the meeting, he/she will take may formalize the following steps:complaint in writing as provided hereunder.
b. If a complaint is not resolved in the Step 1: The member1 (a) conference between the affected bargaining unit member(s) and his/Associationher immediate supervisor, with or without the complaint may be formalized in writing, as a designated representative, shall discuss the grievance with the Supervisor informally within five two (52) work days of the alleged violation and, if not resolved, shall file a meeting between the supervisor and the aggrieved. The written grievance with shall meet the Supervisor within fifteen requirements of ¶D of this Article and shall be transmitted to the Assistant Superintendent. Within three (153) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance has been so submitted, the Assistant Superintendent shall meet with the aggrieved on the grievance. The Assistant Superintendent, within three (3) days after the conclusion of the meeting, shall render a written decision thereon with copies to the Association and the grievant(s).
STEP 2: If the aggrieved is filednot satisfied with the disposition of the grievance at Step 1 b. or if no disposition has been made within three (3) days of the receipt of the grievance by the Assistant Superintendent, the grievance shall be transmitted within the next three (3) days to the Superintendent of Schools. Within ten (10) days after the grievance has been so submitted, the Superintendent shall meet with the aggrieved on the grievance. The Superintendent, within ten (10) days after the conclusion of the meeting, shall render a written decision thereon with copies to the Association and the grievant(s).
STEP 3: If the aggrieved is not satisfied with the disposition of the grievance at Step 2 or if no satisfactory conclusion is reached disposition has been made within five twenty (520) work days following from the discussion Superintendent's receipt of the written grievance grievance, the aggrieved may, within the next three (3) days, request a meeting with the Supervisor, Board or the member/Association shall submit Board's Transportation Committee for the written grievance purpose of resolving the grievance. Such a meeting will be held within five ten (510) work days of the discussion request. It is understood that the ultimate decision on the grievance will be rendered by the Board at its next regularly scheduled meeting after the grievance hearing.
STEP 4: If the Association is not satisfied with the Supervisor to disposition of the grievance at Step 23, it may request mediation of the grievance through a mediator appointed by the Michigan Employment Relations Commission. A grievance Any cost for such mediation shall be borne by the requesting party.
C. The term "days" as used herein shall mean "work days" which is shall be defined as days when school district administrative offices are open and regularly scheduled for business. All grievances shall be processed during times which do not within interfere with the scope performance of a Supervisor's authority may be filed initially at step 2. The written grievance, as employee job responsibilities.
D. Written grievances are required herein, herein shall containcontain the following:
a. it 1. It shall be signed by the grievant(s)/Association.grievant or grievant(s);
b. it 2. It shall be specific;
c. it 3. It shall contain a synopsis of the facts giving rise to the alleged violation;
d. it 4. It shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it 5. It shall contain the date of the alleged violation;
f. it 6. It shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: E. The Superintendent time limits in these procedures may be either shortened or his/her designated agent extended by mutual written agreement. The time limits provided under this procedure shall arrange a meeting with be strictly observed. Failure of the grievant and/or or Association to proceed to the designated Association representative next grievance step within ten (10) work days after receipt the time limits set forth shall be deemed to constitute acceptance of the grievance to discuss Employer's decision and shall constitute a waiver of any further appeal on the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association .
F. A grievance concerning alleged safety hazards may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisioninitiated at STEP 1.b.
Appears in 2 contracts
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violation7.01 Where a difference arises between the parties relating to the interpretation, misinterpretationapplication, or misapplication administration of this Agreement including any question as to whether a matter is arbitrable, or written Board policies affecting working conditions of the member. Should a member/Association feel where an allegation is made that there this Agreement has been a violationviolated, he/she will take then the difference shall be settled in the following stepsmanner:
Step 7.02 Stage One (1: The member/Association): Where an employee has a grievance, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work normal working days (Monday to Friday) of the occurrence of the events giving rise to the grievance, he shall orally communicate it to his Supervisor and a Union ▇▇▇▇▇▇▇ who shall try to resolve it before submitting it in writing. Stage Two (2): If the oral discussion does not result in an immediate resolution the employee shall then submit it in writing to his Supervisor and to a Union ▇▇▇▇▇▇▇ within two (2) normal working days after the oral discussion. The written grievance shall:
a) provide full particulars of all facts alleged to justify or give rise to the grievance;
b) state the specific (not general or open-ended) settlement sought; and
c) be signed by the grieving employee. Within five (5) normal working days of receipt of the written grievance, the Supervisor shall give his written answer to a Union ▇▇▇▇▇▇▇. The written answer shall provide full particulars of the Supervisor's position on the alleged facts and his specific proposal, if any, for settlement of the grievance. Should the grievance advance to the next stage or arbitration, the Union will not be held to or restricted in its presentation or argument of the grievance to the particulars stated, with facts presented or the settlement sought on the grievance; similarly, the Company will not be held to or restricted in its presentation or argument of the grievance to the particulars it stated, the facts it presented or the settlement on the grievance, the intent being that the positions of the parties up to this stage of the grievance procedure are to be without prejudice and without precedent.
7.03 Failing a satisfactory settlement at either Stage One (1) or Stage Two (2), the matter may then be referred by the Grievance Committee Chairperson, within two (2) working days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days receipt of the alleged violation and discuss Supervisor's answer, to the Machine Shop Manager or his designate who shall render his written grievance with the Supervisor answer within five (5) work working days.
7.04 Failing a satisfactory answer at the second stage or if no answer was provided within the time limits, two (2) representatives of the Union, one of which must be a Union staff representative or his designate, may request, in writing, five (5) working days after thereafter, or at a time mutually agreed upon, that the grievance be taken up at a meeting between the two (2) Union representatives, one of which must be a Union staff representative or his designate and two (2) Company representatives, namely, the Human Resources Manager, and the Machine Shop Manager, or their designate(s). The Company shall grant at the Union staff representative's request a reasonable extension of time, if necessary. If the grievance is filed. If no satisfactory conclusion is reached not settled, in writing within five (5) work working days following the discussion meeting or if no meeting was requested within the time limits set forth above, the grievance may be referred to arbitration pursuant to the provisions of the written grievance Article on Arbitration.
7.05 Time limits in this Article and Article on Arbitration may not be extended unless it is by mutual agreement in writing between the parties.
7.06 Where either the Union or Company has a difference with the Supervisorother party relating to the interpretation, application, or administration of this Agreement, including any questions as to whether a matter is arbitrable or where an allegation is made that this Agreement has been violated, the member/Association grievance shall submit be presented in writing to the written other party within one (1) calendar week of the circumstances giving rise to the grievances. In respect of a grievance by the Union, the Human Resources Manager, or Machine Shop Manager, or their designate, shall answer in writing within five (5) work working days after the receipt of the discussion with the Supervisor to Step 2such grievance. A grievance which is not within the scope In respect of a Supervisor's authority may be filed initially at step 2grievance by the Company, the Unit President or his designate shall answer in writing within five (5) working days after the receipt of such grievance. Any Union response to a Company grievance must contain the Union Staff Representative’s signature. The written grievance, as required herein, Union agrees that the above provisions shall contain:
a. it shall not be signed by used to bypass the grievant(s)/Associationnormal grievance procedure.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A It is the intent of the parties to the Agreement to use their best efforts to encourage the informal and prompt settlement of grievances which may arise between the Association or a member or members of the bargaining unit and the District. In recognition of this intent, the parties agree that they shall use the procedure set forth in this Article for the resolution, strictly pursuant to the terms of this Agreement, of all disputes involving alleged violations of specific provisions of this Agreement, provided however, that disputes involving school based decision making and other subject matter identified in Section 5 of this Article shall be resolved solely pursuant to the provisions of Section 7 of this Article. In order to settle grievances at the lowest possible administrative level, the organization and procedure for processing grievances shall be as follows:
Section 1: The term "grievance" shall be construed to mean an express violation of a written provision of this Agreement. Any event which occurred or failed to occur prior to the effective date of this agreement shall not be subject to the grievance and arbitration provision.
Section 2: The grievance shall be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of submitted in writing to the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally building principal within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work 30 days of the alleged violation and shall identify with specificity the provision(s) of the Agreement alleged to have been violated.
Section 3: An aggrieved teacher shall first discuss the written grievance dispute with his/her principal either directly or accompanied by the Association representative with the Supervisor objective of resolving the matter informally. The principal shall communicate his/her decision to the teacher within five (5) work school days after receiving the grievance complaint.
Section 4: If the decision of the principal is filed. If no not satisfactory conclusion is reached (or if a decision was not rendered within the time specified), the aggrieved may appeal it within five (5) work school days following to the discussion of the written grievance with the Supervisor, the member/Association Superintendent or his designee. The Superintendent or his designee shall submit the written grievance arrange a meeting within five (5) work school days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain from the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of receiving the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent and shall render give his/her decision within five (5) school days of such meeting. Said decisions shall be in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the matter is not satisfactorily handled (or if a decision has not been rendered by the Superintendent or his designee), then where applicable the grievance may be processed as indicated below.
Section 5: Dispute resolution processes
Article 1: Parties and Association Recognition Arbitration Article 2: Definitions Arbitration
Article 3: Management Rights N/A Article 4: Changes during the Life of the Agreement N/A Article 5: Duration of Agreement Arbitration Article 6: Fair Practices Arbitration Article 7: Payment of Dues Arbitration Article 8: Payroll Deduction for Agency Service Fee Arbitration Article 9: Building Cooperation Arbitration Article 10: Protection of Individual and Group Rights Arbitration Article 11: Distribution of Agreement Arbitration Article 12: Use of Facilities by Association Arbitration Article 13: Distribution of Materials Arbitration Article 14: Bulletin Boards Arbitration Article 15: School Visitation by Authorized Association Representatives Arbitration Article 16: Association Leave Arbitration Article 17: Leave for Conferences and Conventions Arbitration Article 18: Grievance Procedure Mediation Article 19: Resolution by Peaceful Means Mediation Article 20: Meeting with Superintendent is unsatisfactory Arbitration Article 21: School-Based Decision-Making **Mediate “Changes to School Operational Plans throughout the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda Year” and “Areas for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionSchool- Based Decision- Making.”: Mediation; all else N/A Hybrid** Article 22: School Operational Plans Mediation Article 23: Work Year Mediation
Article 24: Work Day Mediation
Article 25: Academic Calendar Mediation Article 26: Teacher Hiring and Promotions Mediation
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A
8.01 The Company and Union agree that it is most desirable to resolve misunderstanding and disputes through discussions between the employee and the supervisor, and both the Company and the Union shall encourage employees to discuss their complaints with their supervisors so as to resolve differences quickly and directly. The parties hereto desire that every grievance shall be dealt with as quickly as possible. The grievance will be submitted in the first step within fifteen (15) days of the circumstances giving rise to the grievance or in the case of an employee on approved leave of absence or vacation, within fifteen (15) days of his/her return from such leave of absence or vacation. The Company shall also commit to dealing with incidents, which would give rise to disciplinary action, as expeditiously as possible.
8.02 For the purposes of this Agreement, a grievance is defined as a dispute or controversy between the Employer and one or more of its employees concerning the interpretation, application, meaning, operation or any alleged violation of this Agreement.
(a) The word "days" as used in Articles 8 and 9 means working days, other than Saturdays and Sundays or a Statutory Holiday as referred to in Article 18.
(b) The discussion and decision made on each grievance shall be limited to the matter specified in the written grievance at Step 1.
8.04 A grievance must be submitted in writing by an alleged violationemployee, misinterpretationa ▇▇▇▇▇▇▇, or misapplication of this Agreement or written Board policies affecting working conditions a staff member of the member. Should a member/Association feel that there has been a violationUnion on the grievance form, he/she will take which the following stepsparties have agreed to use for this purpose, and shall be dealt with as follows:
Step STEP 1: The member/Associationgrievance shall be taken up with the first-line out-of-scope Manager, with who shall render a written decision within three (3) days of the receipt of the grievance.
STEP 2: Failing satisfactory settlement at Step 1 or without failing receipt of a designated representativedecision from the Manager, shall discuss the grievance shall be taken up with the Supervisor informally General Manager or his/her delegated representative within five (5) work days of receipt of the decision in Step 1. The General Manager or his/her delegated representative must give his/her written answer within five (5) days of receipt of the grievance. Failing settlement within the five (5) day period, the grievance may be submitted to arbitration as hereinafter provided for.
STEP 3: A grievance is referred to arbitration by either party giving notice to the other in writing of its intention to do so. Such written notice shall be given within ten (10) days of the alleged violation andreceipt of the decision in Step 2 or from the expiry of the time limits at Step 2, if not resolved, whichever is the earlier.
8.05 The Union shall file have the right to submit a written policy grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts circumstances giving rise to the alleged violation;policy grievance.
d. it 8.06 The time limits set out in this Article may be extended by written agreement of the parties, provided that requests for extensions are made prior to the expiry of the time limitation.
8.07 Employees shall cite be entitled to representation by a staff member of the section or subsections Union at any step of this contract or written Board policy alleged the grievance procedure, and similarly management representatives may have benefit of counsel.
8.08 In the event of a grievance, the Employer agrees, upon request, to provide the Union with copies of disciplinary and/or appraisal documents which have been violated;served upon the employee which the Employer intends to use in regard to the specific grievance.
e. it 8.09 References to disciplinary matters shall contain be removed from the date employee's personal file after two (2) years providing there have been no further incidents of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval same or disapproval by the Associationsubstantially similar nature during that two-year period and such references, once removed, will no longer be admissible as evidence in any arbitration hearing.
Step 2: 8.10 The Superintendent Employer agrees that shop stewards shall not be hindered, restrained or interfered with in any way in the performance of their duties, while investigating disputes and representing employees on grievances. No shop ▇▇▇▇▇▇▇ will leave his/her designated agent shall arrange a meeting with work without the grievant and/or the designated Association representative within ten (10) work days after receipt permission of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent supervisor. Such permission shall render hisnot be unreasonably withheld and shall be given on request or within an hour of the request whenever possible. Shop stewards may investigate grievances on Company time.
8.11 When an employee is required to attend a meeting where a disciplinary decision concerning him/her decision in writingis to be taken by the Employer, transmitting the employee shall be entitled to have a copy designated representative of the same to Union attend the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A Any complaint by an Employee or the Union concerning the application and interpretation of this Agreement shall be subject to the grievance procedure. Any relevant information specifically identified by the grievant or the Union in the possession of the Employer needed by the grievant or the Union to investigate and process a grievance, shall be provided to them upon request within seven (7) working days. The grievance shall be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting presented to the appropriate supervisor within twenty (20) working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date occurrence of the alleged violation;
f. , or if it concerns an alleged continuing violation, then it must be filed within twenty (20) working days after the alleged violation first became known or should have become known to the Employee involved, except that in the case of an alleged payroll computational error, such allegation shall specify be presented to the relief requested;
g. it shall indicate approval department head or disapproval designee in writing within twenty (20) working days after the alleged error is discovered by the AssociationEmployee, or the grievance may not be considered.
B. An individual Employee may present a grievance to the Employee's immediate supervisor and have the grievance heard without intervention of the Union, provided the Union has been afforded an opportunity to be present at the conference(s) on the grievance. Any adjustment made shall not be inconsistent with the terms of this Agreement. By mutual consent of the Union and the Employer, any time limits within each step may be extended.
C. Informal Step. A grievance shall, whenever possible, be discussed informally between the Employee and the immediate supervisor within the twenty (20) working day limitation provided for in paragraph "A" above. The grievant may be assisted by a Union representative. If the immediate supervisor does not reply by seven (7) working days, the Employee or the Union may pursue the grievance to the next step.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting 1. If the grievant is not satisfied with the result of the informal conference, the grievant and/or or the designated Association representative Union may submit a written statement of the grievance within ten seven (107) work working days after receipt receiving the answers to the informal complaint to the division head or designee; or if the immediate supervisor does not reply to the informal complaint within seven (7) working days, the Employee or the Union may submit a written statement of the grievance to discuss the grievance. Within ten division head or designee within fourteen (1014) work working days from the initial submission of the discussioninformal complaint; or if the grievance was not discussed informally between the Employee and the immediate supervisor, the Superintendent Employee or his/her designated agent shall render his/her decision in writing, transmitting the Union may submit a copy written statement of the same grievance to the grievant, division head or designee within the Association representative, twenty (20) working day limitation provided for in paragraph "A" above. A meeting shall be held between the grievant and appropriate Supervisor, and place a copy of same in Union representative with the division head or designee within seven (7) working days after the written grievance is received. Either side may present witnesses. The division head or designee shall submit a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory written answer to the Association, grievant or the Association may appeal same to Union within seven (7) working days after the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.
Appears in 2 contracts
Sources: Unit 04 Agreement, Unit Agreement
GRIEVANCE PROCEDURE. A. A grievance herein shall be defined as an alleged violation, misinterpretationmean a difference between the Board and the Association, or misapplication of this Agreement the Board and the member, arising from the interpretation, application, administration or written Board policies affecting working conditions alleged violation of the member. Should Agreement.
(a) If a member/Association feel that there member has been a violationcomplaint, he/she the member will first take the following steps:complaint up orally with his/her superior officer and, within twenty-four (24) hours of lodging the complaint, notify at least one member of the executive of the Association. After considering the complaint, the superior officer will reply to the member within one week of the complaint first being presented.
Step (b) If the reply of the superior officer is not satisfactory, the Association shall, within one (1: The member/Association) week of the superior officer’s reply, with or without a designated representativeif no reply is given within one week, shall discuss file the grievance in writing with the Supervisor informally within five Chief of Police or designate. Within one (51) work days week of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion receipt of the written grievance grievance, the Chief of Police or designate will meet with the Supervisor, the member/Association shall submit the written grievance within five (5) work days appointed representatives of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten one (101) work days week of the discussionmeeting, a written reply to the grievance will be given to the Association by the Chief of Police or designate.
(c) If the Association has a complaint other than a member complaint, it shall file with the Chief of Police or designate the grievance in writing within two (2) weeks of the occurrence giving rise to the grievance coming to the attention of the Association. Within one (1) week of the receipt of the written grievance, the Superintendent Chief of Police or his/her designated agent shall render his/her decision in writing, transmitting a copy designate will meet with the appointed representatives of the same Association to discuss the grievance. Within one (1) week of the meeting, a written reply to the grievantgrievance will be given to the Association by the Chief of Police or designate.
(d) If the reply of the Chief of Police or designate to either a member’s complaint or an Association complaint is not satisfactory, the Association representativeshall, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision within one (1) week of the Superintendent receipt of the Chief of Police’s or designate’s reply, or if no reply is unsatisfactory given within one week, submit the written grievance to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten ’s designate committee. Within thirty (1030) work days of receipt of the Superintendent's decisionwritten grievance, the Board’s designated committee will meet with the appointed representatives of the Association to discuss the grievance. Within one (1) week of the meeting, a written reply to the grievance will be given to the Association by the Board’s designated committee.
(e) Any grievance which is not settled after completing the procedure set out above may be referred to arbitration in accordance with the Police Services Act.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A 7.01 The purpose of this Article is to provide the sole method for the settlement of a grievance alleging the violation of a specific provision of this agreement. Such a grievance shall be defined as an alleged violationpresented and processed in accordance with the steps, misinterpretation, or misapplication of this Agreement or written Board policies affecting working time limits and conditions herein set forth.
7.02 It is the mutual desire of the member. Should a member/Association feel parties that there complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has been a violation, he/she will take no grievance until the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss employee first discussed the grievance complaint with the responsible supervisor. The complaint must be discussed with the supervisor within seven (7) days after the circumstances giving rise to it have occurred. Any complaint not presented within these seven (7) days shall be forfeited by the aggrieved employee. The Supervisor informally shall give his response verbally within five (5) work days of receiving the alleged violation andemployees complaint.
STEP 1 If the complaint is not settled as provided for above, if not resolved, shall file the employee may submit a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with to the Supervisor within five (5) work days after of receiving the Supervisor's verbal response to the complaint. The grievance is filed. If no satisfactory conclusion is reached within five (5) work days following shall be signed by the discussion employee and shall identify the nature of the written grievance with the Supervisorgrievance, the member/Association shall submit specific provisions of the agreement which are alleged to have been violated and the remedy sought. The supervisor will give a written response to the grievance within five (5) work days following the day on which the grievance was presented by the employee. If the employee does not receive a decision within the time limits specified and the employee wishes to proceed with the grievance, he or she must submit the grievance at the next step.
STEP 2 If the grievance is not settled, the Union must forward the grievance to the General Manager within five (5) days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it supervisor's Step 1 response or the date the supervisor's Step 1 response should have been provided. A meeting will then be held between the General Manager and a Local Union Officer and/or National Representative of the Union. The employee and a Union committeeperson may also attend this meeting. This meeting shall specify be held within seven (7) days of the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievanceat Step 2. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same The Employer's written answer to the grievant, grievance shall be given within five (5) days following the Association representative, and appropriate Supervisor, and place a copy date of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's this meeting, within ten (10) work days of receipt of the Superintendent's decision.
Appears in 2 contracts
Sources: Collective Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A Step One – Any employee having a grievance shall first discuss such grievance with his/her immediate supervisor in an informal meeting. In order to be defined as an alleged violationconsidered Step One, misinterpretation, or misapplication of the employee must indicate on the grievance procedure form to the supervisor that this Agreement or written Board policies affecting working conditions meeting is Step One in the grievance procedure. Step Two – If the informal discussion does not resolve the grievance to the satisfaction of the member. Should a member/Association feel that there has been a violationemployee, he/she will take such employee shall have the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall right to file a written grievance with the Supervisor within fifteen (15) work days Business Manager. The written grievance shall contain a concise statement of the alleged violation facts upon which the grievance is based and discuss a reference to the specific provision(s) of this Agreement allegedly violated, misinterpreted or misapplied. The Business Manager and the immediate supervisor, and/or the appropriate administrator as determined by the Business Manager shall meet with the grievant and Union representative(s) within five Step Three – If the grievance is not resolved in Step Two, the written grievance form shall be filed with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten five (105) work days after from receipt of the Business Manager’s decision, or the grievance shall no longer exist. After receipt of the formal grievance form by the Superintendent, the employee shall have the right to discuss a hearing before the grievanceBusiness Manager and Superintendent and/or their designated representatives. Such hearing shall be conducted within five (5) days after the receipt of such request. The aggrieved employee shall be advised of the time, place and date of such hearing. Within ten five (105) work days of the discussiondays, the Superintendent or his/her designated agent shall render his/her decision representative must respond in writing, transmitting a copy of writing on the same grievance form. Copies are to be sent to the grievantemployee, Business Manager, immediate supervisor, appropriate administrator and the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisionUnion President.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. Grievance shall be limited to matters concerning the specific provisions of the agreement. A grievance means a claim by a unit member or unit members that the terms of the contract have been violated, improperly applied, or misinterpreted. This procedure shall constitute the sole and exclusive method for adjustment of grievances. Any unit member who claims a grievance shall present the grievance informally to his or her immediate supervisor within fifteen (15) days after the event in contention. The immediate supervisor shall give an answer to the unit member not more than three (3) work days after the grievance is presented. Within five (5) work days after completion of Level I, the grievance, if it has not been resolved, shall be defined as an alleged violation, misinterpretation, presented by the unit member to the Personnel Administrator or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a his designated representative, in writing, signed by the grievant. The Personnel Administrator shall discuss report the decision in writing to the grievant and the Association’s grievance with the Supervisor informally committee person within five (5) work days. Within five (5) work days after completion of Level II, the alleged violation andgrievance, if it has not been resolved, shall file be presented by the unit member to the Superintendent or his designated representative and the Association’s grievance committee person in writing, and a written meeting between the Superintendent and the grievant shall be requested. Following the meeting, the Superintendent shall inform the grievant and the Association’s grievance with committee person in writing of the Supervisor decision. If this action is not completed within fifteen five (155) work days of days, the alleged violation and discuss the written grievance with the Supervisor within may proceed to Level V. Within five (5) work days after the completion of Level III, the grievance, if it has not been resolved, shall be referred to a fact finding committee consisting of three (3) members: one appointed by the Governing Board, one appointed by the Association, and a chairman selected and mutually agreeable to both the Governing Board and the Association. Such notice shall be in writing and shall be signed by the unit member initiating the grievance is filedand the Association’s grievance committee person. If no satisfactory conclusion is reached within Within five (5) work days following after the discussion receipt of such notice, the fact finding committee shall meet to determine the facts relating to the grievance. Within fifteen (15) work days the committee shall submit its recommendations or reasons for extending the time to the Superintendent and the Association’s grievance committee person in writing of the written grievance with the Supervisor, the member/Association shall submit the written grievance within decision. The Superintendent will then have five (5) work days to consider these recommendations and shall inform the grievant and the Association’s grievance committee person in writing of the discussion with decision. If the Supervisor to Step 2. A grievance which decision is not within satisfactory to both parties, the scope Association may submit it to Level V for arbitration. All costs for fact finding shall be shared by the District and the Association.
1. Within fifteen (15) work days after the completion of a Supervisor's authority may be filed initially at step 2. The written Level IV, the grievance, as required hereinif it has not been resolved, shall contain:
a. it be noticed for arbitration. Such notice requesting the arbitration shall be in writing and shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval Association’s grievance committee person and by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss unit member who initiated the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.ten
Appears in 2 contracts
Sources: Contract Between the Cajon Valley Union School District Governing Board and the Cajon Valley Education Association, Contract Between the Cajon Valley Union School District Governing Board and the Cajon Valley Education Association
GRIEVANCE PROCEDURE. A. A grievance 9.01 The Board acknowledges the right of the Union to appoint or otherwise select a Grievance Committee of three (3) members, who shall be defined as an alleged violationemployees of the Board. The personnel of such Committee shall be communicated to the Board.
9.02 Should a dispute arise between the Board and any employee(s) regarding the interpretation, misinterpretationmeaning, operation or application of this Agreement, the matter should be discussed between the employee and his/her immediate supervisor. The employee may request the assistance of a ▇▇▇▇▇▇▇. Every attempt should be made to settle such disputes without making use of the grievance procedure hereinafter provided for.
Step 1 Any employee may present a grievance, providing it is done within ten (10) working days following the occurrence of the circumstances giving rise to the grievance and providing that the grievance is presented in writing to the Board's Designate. The Board's Designate shall meet with the griever, accompanied by a ▇▇▇▇▇▇▇, or misapplication of this Agreement or written Board policies affecting working conditions a member of the memberGrievance Committee within two (2) working days of receiving the written grievance. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, Board's Designate shall discuss the grievance with the Supervisor informally respond in writing within five two (5) work 2)working days of the alleged violation andmeeting.
Step 2 Failing satisfactory settlement at Step 1, if not resolved, shall file a written the Union may submit such grievance with in writing to the Supervisor Superintendent/Secretary-Treasurer within fifteen two (152) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work working days after the grievance is filedanswer to Step 1 was given to the Union. If no satisfactory conclusion is reached within five (5) work days following The Superintendent/Secretary-Treasurer shall meet to discuss the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work working days of receiving such request. The Union's representative may be part of the discussion with the Supervisor to grievance committee, at Step 2. A grievance which is not The Superintendent/Secretary-Treasurer, or designate, shall submit an answer in writing within the scope two (2) working days of such a Supervisor's authority meeting. Failing agreement being reached in Step 2, an application may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same made to the Board of Education by filing a written grievance, along with the decision of Trustees in writing through the Superintendent/Secretary-Treasurer within five (5) working days after the answer to Step 2 has been given to the Union, with and a hearing shall be granted to the officer of Grievance Committee and the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.Union representative not later than fifteen
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. 9.1 A grievance shall be is defined as an alleged violation, misinterpretation, or misapplication violation of a specific provision of this Agreement Agreement.
9.2 A grievance must be filed within ten (10) days of its occurrence or written Board policies affecting working conditions when the employee by reasonable diligence should have known of the memberits occurrence. Should a member/Association feel that there has been a violation, he/she will take Grievances shall be processed in the following stepsmanner:
Step 1: The member/Association, with or without matter will be discussed orally between the aggrieved employee and the employee’s immediate supervisor who is not a designated representative, member of this bargaining unit. The Union representative may be present if requested by the grievant(s). A decision shall discuss the grievance with the Supervisor informally be rendered within five (5) work days of working days.
Step 2: If the alleged violation and, if grievant is not resolved, shall file a written grievance satisfied with the Supervisor within fifteen (15) work days of immediate supervisor’s decision, he/she may appeal the alleged violation and discuss decision to the written grievance with the Supervisor Building Principal within five (5) work days after the receipt of the decision of the immediate supervisor. The appeal shall be in writing and must specify:
A. The nature of the grievance, i.e. the specific provisions of the contract which have been violated or misinterpreted or misapplied.
B. The injury and the loss which is claimed, i.e., the specific loss to the employee in pay or benefits.
C. The remedies sought.
D. Date of the alleged violation or misapplication. The Building Principal shall investigate the matter and communicate the decision in writing to the grievant within ten (10) days from receipt of the written grievance.
Step 3: If the grievance is filed. If no satisfactory conclusion is reached not adjusted to the grievant's satisfaction in Step 2, the grievance may be further appealed to the superintendent in writing within five (5) work days following the discussion after receipt of the written grievance Step 2 decision. The superintendent will meet with the Supervisor, Union representative and the member/Association shall submit Grievant and examine the written grievance within five (5) work days facts of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2grievance. The written grievance, as required herein, superintendent shall contain:
a. it shall be signed by investigate the grievant(s)/Association.
b. it shall be specific;
c. it shall contain grievance and render a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative decision in writing within ten (10) work days after the receipt of the grievance to discuss the grievance. appeal.
Step 4: Within ten (10) work working days of the discussion, grievance being referred to this Step the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting School Board will hold a copy hearing with the participants and examine the facts of the same grievance. The School Board will thereafter within ten (10) working days of such hearing will give their answer. If the grievance is not settled it may be referred to the grievant, the Association representative, and appropriate Supervisor, and place a copy Arbitration as set forth in Step 5 of same in a permanent file in his/her office. this procedure.
Step 5: If the decision of the Superintendent is unsatisfactory to School Board does not resolve the Associationgrievance, the Association may Union shall have the sole right to appeal same that decision and the matter shall be submitted to arbitration providing the Union notifies the School Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, such request within ten (10) work days of receipt of the Superintendent's decision.ten
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged violation, misinterpretation, misapplication or misapplication misinterpretation of the expressed terms and conditions of this Agreement or written Board policies affecting working conditions of contract. The following issues will not be subject to review through the member. Should a member/Association feel that there has been a violation, he/she will take the following stepsprocedures set forth in this Article:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within Any matter barred from the scope of a Supervisor's authority may be filed initially at step the grievance procedure (i.e. the discipline of probationary employees, etc.).
2. Any matter involving the content of employee evaluations. All employee evaluations shall be reviewed together by the supervisor and the employee at a time to be determined by the supervisor during the month of April each year.
B. The written grievance, Union shall designate one ▇▇▇▇▇▇▇ per building to handle grievances at Level 1.
C. Written grievances as required herein, herein shall containcontain the following:
a. it 1. It shall be signed by the grievant(s)/Association.
b. it shall be specificgrievant or grievants;
c. it 2. It shall contain a synopsis of the facts giving rise to the alleged violation;
d. it 3. It shall cite the section or of subsections of this contract or written Board policy alleged to have been violated;
e. it 4. It shall contain the date of the alleged violation;
f. it 5. It shall specify the relief requested;. Any written grievance not submitted in accordance with the above requirements may be rejected as improper. Such a rejection shall not extend the limitations hereinafter set forth.
g. it shall indicate approval or disapproval D. A grievance must be presented by the Associationaggrieved employee through the employee’s department ▇▇▇▇▇▇▇ to the employee’s immediate supervisor within five (5) work days from the time the grievant first learned or should have learned of the alleged violation in order to be a proper matter for the grievance procedure.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting E. At the first conference with the grievant and/or immediate supervisor, if this grievance is resolved either by withdrawal of the designated Association representative same by the employee or by agreement of the parties, a written resolution, and the union and the Board shall each have a copy of said record including the date of this alleged violation and the date of disposition. The immediate supervisor would have five (5) work days in which to respond.
F. In the event the matter is not resolved informally, the grievance shall be submitted in writing, by the Chairperson of the Bargaining committee, to the immediate supervisor within ten (10) work days following the supervisor’s informal response. Such written grievance shall be on a form to be agreed upon by the union and the Board and it shall contain the items as specified in above paragraph C.
G. Within five (5) work days after receipt receiving the grievance, the immediate supervisor shall state the decision in writing, together with supporting reasons, and shall furnish a copy to the Chairperson of the grievance Bargaining Committee.
H. Should the decision of the immediate supervisor be unsatisfactory to the aggrieved employee, or the union ▇▇▇▇▇▇▇ acting in his behalf, such grievant shall, within five (5) workdays of the decision of the immediate supervisor, notify the superintendent of the union’s desire to meet and discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent Such meeting shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, be held within ten (10) work days workdays of receipt of such notice. At such meeting, the Superintendent's decisionsuperintendent and/or his representative, the union committee and/or the representative of the union, shall discuss the grievance. The decision of the superintendent shall be given in writing within five (5) workdays after the meeting.
I. In the event that an adjustment or disposition of the grievance satisfactory to the employee and/or the union is not obtained under the above procedures, the union shall, within thirty
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. 23.1 A grievance shall be defined as an alleged violation, misinterpretationa dispute or complaint arising between the Employer and the Union, or misapplication any employee covered by this Agreement, on or after the effective date of this Agreement Agreement, over the interpretation, application or written Board policies affecting alleged violation of any specific provision(s) of this Agreement. All grievances must be submitted to the Employer within ten working conditions (10) days after the occurrence of the memberevent which led to the dispute. Should Grievances over the amount of compensation shall be deemed to have occurred at the time payment is received by the employee. The Employer agrees to be obligated to make employees retroactively whole for all wages lost because of clerical error, or failure to provide step or across-the-board wage increases as provided for in this contract. The Union and the Employee agree to resolve any unintentional violation of any past practices before engaging in other methods. For purposes of this section, working days shall be defined as Monday through Friday, excluding all holidays listed in Article 19 of this agreement.
23.2 An employee who has a membergrievance is urged to discuss the matter informally with his/Association feel that there her immediate supervisor in an attempt to resolve the grievance amicably. The supervisor shall give the employee an oral response to the grievance within five working (5) days following the date the grievance was presented. If the grievance has not been a violationsettled by oral discussion, he/she will take the following steps:procedures will apply.
Step 1: The member/Associationgrievance shall be presented in writing to the employee's department head no later than ten working (10) days after the occurrence of the event which led to the dispute, with or without a designated representativewithin three (3) working days after the immediate supervisor's oral response, whichever is the later. The written grievance shall discuss state the grievance with Article and Section of the Supervisor informally Agreement alleged to have been violated, the nature of the violation, the remedy or correction to be desired, and it shall be signed and dated by the employee involved. The department head will answer all written grievances in writing within five working (5) work days of days.
Step 2: If the alleged violation andgrievance is not settled in Step 1, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with shall be submitted to the Supervisor Executive Director within five working (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion receipt of the written grievance with answer from the Supervisor, department head. The parties will meet in an effort to resolve the member/Association shall submit the written grievance within five (5) work working days of the discussion with Executive Director's receipt of the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2written grievance. The Executive Director shall reply in writing to the grievance within five working (5) days of the meetings. If the parties mutually agree to not hold a meeting, the Executive Director shall reply in writing within ten working (10) days of his/her receipt of the written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 3: If the grievance is not settled in Step 2: The Superintendent or his/her designated agent , the written grievance shall arrange a meeting with be submitted to the grievant and/or the designated Association representative Employer's Regional Director of Operations within ten working (10) work days after receipt of the grievance to discuss the grievanceExecutive Director's reply in Step 2. Within ten (10) work days The Regional Director of the discussionOperations, the Superintendent or his/her designated agent designee, shall answer the grievance in writing within fifteen working (15) days after receiving the grievance.
Step 4: The decision made in Step 3 will be deemed to be the final settlement of the grievance unless, within fifteen working (15) days from the date on which such decision was received by the Union, either party serves upon the other a written demand that such grievance be referred to arbitration. Once this demand has been served, either party may request Federal Mediation and Conciliation Service (FMCS) mediation of the grievance prior to following the procedures laid out in Section 23.3.
23.3 In the event a written demand is made to refer the grievance to arbitration, either party may request the Federal Mediation and Conciliation Service (FMCS) (with a copy of the request to the other party) to appoint an impartial panel of seven (7) arbitrators. The Employer and Union shall strike names from the panel until a final arbitrator remains, who shall be assigned to preside over the arbitration proceeding. The decision of the arbitrator shall be final and binding upon the parties hereto, as well as upon any employee(s) involved in the dispute. The arbitrator shall have no authority, power or jurisdiction to add to, change or in any way modify or amend any of the terms or provisions of this Agreement; nor shall the arbitrator in any way be empowered to substitute his/her judgment or discretion for the judgment or discretion or either party hereto where such party has reserved the right to make or retain such a judgment or discretion; nor shall the arbitrator change existing wage rates, award punitive monetary damages except back pay in case of wrongful discharge, or arbitrate proposals for the amendment or renewal of this agreement. The arbitrator shall be authorized to rule upon and issue a decision and award in writing on any issue covered by the written terms of this Agreement and within the limitations specified herein, and the arbitrator shall render his/her decision in writing, transmitting a copy within thirty (30) calendar days of the same final presentation of evidence or briefs; extensions will be only by mutual agreement of the parties. The expense of the arbitrator and other mutually agreed upon expenses incidental to the grievantarbitration proceedings shall be borne equally by the parties. Each party shall be responsible for the cost of its own representation and witnesses. The Parties may mutually agree to expedited arbitration for either individual cases or a group of cases. The presentation of each case by each party will be limited to a preliminary introduction, a short reiteration of facts, and a brief oral argument. No briefs or transcripts will be made. If witnesses are used to present facts, there will be no more that two called by each party. If called to testify, the Association representativegrievant is considered as one of the two witnesses. The arbitrator will give a written bench decision within five (5) calendar days. All decisions by the arbitrator will be final and binding. The costs of the arbitrator and the expenses of the hearing will be shared equally by the parties. The grievant and Union delegate/▇▇▇▇▇▇▇ will attend the arbitration without loss of pay.
23.4 The time limits specified above may be waived or modified only by mutual written agreement of the parties, and appropriate Supervisoror by oral agreement with subsequent written confirmation. Once per grievance per party, and place in the event that either party is delinquent, the receiving party will contact the delinquent party the day following the deadline to offer a copy of same 48 hour extension. Unless waived or modified in a permanent file in his/her officeaccordance with prior sentences, the time limits contained herein shall be strictly construed. If either party fails to respond within the decision applicable timeframe, the grievance will be automatically settled against the delinquent party.
23.5 Any grievance based upon the suspension or discharge of an employee shall be referred directly to Step 2 of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, grievance procedure within ten working (10) work days of following the receipt of the Superintendent's decisionsuspension or discharge notice to the Union.
23.6 Grievances affecting three (3) or more employees shall be submitted by the Union in writing to the Executive Director at Step 2 of the grievance procedure.
23.7 Grievances shall be submitted on forms provided by the Union.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A 11.01 Within the terms of this Agreement, a grievance shall be defined as a difference of opinion between the parties or between the Board and an employee as to the interpretation, application, administration or alleged violation, misinterpretation, or misapplication violation of this Agreement or Agreement. A written Board policies affecting working conditions grievance, as required in Steps 2, and 3 of this Article, shall state:
(a) the nature of the membergrievance and background circumstances;
(b) the section (s) of the agreement claimed to be infringed; and
(c) the remedy or correction required.
11.02 Where a dispute involving an employee suspension or discharge occurs, the grievance shall be initiated at Step 3 of the grievance procedure.
11.03 A group grievance submitted by a group of employees or a policy grievance submitted by the Union may be initiated at Step 3 of the grievance procedure.
11.04 A grievance alleging dissatisfaction with a job posting will be initiated at Step 2 of the grievance procedure provided such grievance is lodged with the Coordinator of Human Resources or designate within ten (10) working days of the event that gave rise to the grievance. Should a member/Association feel that there has been a violation, he/she will take The Coordinator of Human Resources or designate shall answer the grievance in writing within ten (10) days of the Step 2 meeting.
11.05 The following stepssteps shall govern the grievance procedure:
Step 1: The member1 Within fifteen (15) working days of the event which gave rise to the differences, the employee, who may be accompanied by his/Association, with or without a designated representativeher ▇▇▇▇▇▇▇, shall discuss the grievance complaint with the Supervisor informally immediate supervisor in the area. The immediate supervisor in the area shall reply orally within five (5) work working days of the alleged violation anddiscussion.
Step 2 Failing satisfaction at Step 1, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor then within five (5) work working days after of the date upon which the reply was due in Step 1, the Union shall reduce the grievance is filed. If no satisfactory conclusion is reached to writing, and submit the grievance to the Coordinator of Human Resources who shall convene a meeting within five (5) work working days following the discussion of the written grievance with the Supervisorgrievor and his/her ▇▇▇▇▇▇▇ in an attempt to settle the dispute. The Coordinator of Human Resources shall answer the grievance in writing, the member/Association shall submit the written grievance within five (5) work working days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Associationmeeting.
Step 3 Failing satisfaction at Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative , then within ten (10) work working days after receipt of the reply of the Coordinator of Human Resources or designate in Step 2 above, the Union may submit the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent of Human Resources or his/her designated agent designate, who shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along meet with the decision of grievor and the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, Grievance Committee within ten (10) work days of receipt of the Superintendent's decision.ten
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A Section 14.1 In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed and understood by the parties that there shall be a procedure for the resolution of grievances involving the application or interpretation of this Agreement.
Section 14.2 The Union recognizes its responsibility as bargaining agent and agrees to represent all employees in the bargaining unit with the exception, in accordance with the Union's right under the amended Public Employees Relations Act, Section 447.401, hereby states that it will not process grievances for nonmembers of the Union.
Section 14.3 Employees who are not members of the Union shall be entitled to use this grievance procedure through, but not beyond, Section 14.6.
Section 14.4 Every effort will be made by the parties to settle any grievances expeditiously as possible. Should the grieving party fail to observe the time limits as set out in the steps of this Article, his grievance shall be defined as an alleged violation, misinterpretation, or misapplication considered conclusively abandoned. Any grievance not answered by the City within the prescribed time limits shall automatically advance the grievance to the next higher step. "Days" for purposes of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violationArticle, he/she will take means calendar days.
Section 14.5 Grievances shall be presented in the following stepsmanner:
Step 1: The member/Association, employee with or without a designated representative, his or her ▇▇▇▇▇▇▇ shall discuss the first take up his/her grievance with the Supervisor informally his/her immediate supervisor within five ten (510) work working days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days occurrence of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance events which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving give rise to the alleged violation;
d. it grievance. This first step shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Associationbe on an informal and oral basis. The immediate supervisor will respond within ten (10) working days.
Step 2: Any grievance which cannot be settled with the immediate supervisor shall be reduced to writing by the employee and it shall identify the Article violated including a statement of facts that sets forth the cause of the grievance and includes the remedy sought. The Superintendent grievance shall be taken up with the employee's Department Head or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussiondesignee, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent whichever is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meetingappropriate, within ten (10) work working days from the date the immediate supervisor in Step 1 submitted his/her response, or the due date for same. The Department Head or his/her designee shall, within ten (10) working days after presentation of the grievance (or such longer period of time as may be mutually agreed upon in writing), render his/her decision on the grievance in writing.
Step 3: Any grievance which cannot be satisfactorily settled at Step 2 shall next be taken up with the City Manager or his designee, either through a representative of the Employee Organization and the employee, or by the employee himself, at the employee's option. The grievance specified in writing in Step 2 shall be discussed by and between the employee (at the employee's option, the ▇▇▇▇▇▇▇ or president of the Local may be present) and the City Manager, or his designee, within ten (10) working days after the completion of Step 2. The City Manager, or his designee, shall within ten (10) working days after this discussion (or such longer period of time as is mutually agreed upon) render his decision in writing with a copy to the Employee Organization. Where a grievance is general in nature in that it applies to a number of employees rather than to a single employee, or if the grievance is directly between the Employee Organization and the Department or the City, such grievance shall be presented in writing directly to the City Manager, or his designee, within ten (10) working days of receipt the occurrence of the Superintendent's decisionevents which give rise to the grievance. The grievance shall be signed by the aggrieved employees or the president or the authorized local representative of the Employee Organization.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance (a) It is hereby agreed that during the life of this Agreement, there shall be defined as an alleged violationno strike, misinterpretationslowdown, or misapplication of this Agreement or written Board policies affecting working conditions work stoppage on the part of the memberUnion, nor shall there be a lockout on the part of the Co-operative.
(b) The Union agrees not to call a meeting of its members, who are employees of the Co-operative, during any hours which will interfere with the normal operations of the Co-operative.
2. Should a member/Association feel that there Any employee who feels he has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisorunfairly treated, the member/Association shall submit Union or the written grievance within five (5) work days of the discussion with the Supervisor to Step 2Co- operative may present a grievance. A Any grievance which is not presented within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten fourteen (1014) work days after receipt of the grievance to discuss the grievance. Within ten (10) work calendar days of the event shall be forfeited and waived by the aggrieved party.
3. All grievances shall be submitted in writing and shall clearly set forth the issues and contentions of the aggrieved parties.
4. The procedure for adjustment of disputes and grievances will be as follows:
(a) A discussion between the Shop ▇▇▇▇▇▇▇ (with the aggrieved employee present or absent, at his option) and the Department Manager. The aggrieved party shall be given a written decision on the matter within fourteen (14) calendar days after the discussion.
(b) Failing agreement under subsection (a), the Superintendent or his/her designated agent grievance shall render his/her decision in writing, transmitting a copy be dealt with by the Grievance Committee of the same to Union and the grievantGeneral Manager, or his duly appointed representative in the event of his absence for a period in excess of one week. The aggrieved party shall be given a written decision on the matter within seven (7) calendar days.
(c) If a satisfactory settlement cannot be reached, then upon request of either party, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same matter shall be referred to the Board of Education Arbitration established by filing a written grievanceArticle 18.
(d) Timelines can be extended by mutual agreement.
5. After completion of any step in Section 4, along with if the decision of aggrieved party does not proceed to the Superintendentnext step within seven (7) calendar days, the grievance shall lapse.
6. All negotiations, with respect to disputes and grievances, shall be dealt with during regular working hours and no employee shall suffer any loss of pay for time spent in such negotiation. So far as possible, all negotiations with respect to collective bargaining agreements, shall also be dealt with during regular working hours and the officer employees shall be entitled to representation at all such negotiations by at least three of their members without loss of pay.
7. The parties may agree to the Board appointment of a mediator to assist in charge of drawing up resolving the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decisiondispute.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as an alleged claim by a teacher or the ASSOCIATION that there has been a violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions any provision of the memberAgreement may be processed as a grievance as hereinafter provided. Should The term “work day” shall be defined as days when teachers are scheduled to work during the academic year and days that the central office is open for business during the summer break period between academic years.
B. In the event that a member/Association feel that teacher believes there has been is a violationbasis for a grievance, he/she will shall first discuss the alleged grievance with his/her building principal, accompanied by his/her ASSOCIATION representative. The discussion shall take place within ten (10) work days of the following steps:date of the occurrence or first knowledge of the occurrence upon which the alleged grievance is based.
Step 1: The member/AssociationC. If, as a result of the informal discussion with or without the building principal and the ASSOCIATION representative in Section B, a designated grievance still exists, the teacher may invoke the formal grievance procedure through the ASSOCIATION no later than ten (10) work days after the meeting with the building principal and the ASSOCIATION representative, shall discuss on the form set forth in Appendix E, signed by the grievant and the ASSOCATION representative. A copy of the grievance form shall be delivered to the principal. If the grievance involves more than one school building, it may be filed with the Supervisor informally Superintendent or designee.
D. Within five (5) work days of receipt of the grievance, the principal shall meet with the ASSOCIATION representative in an effort to resolve the grievance. The principal shall indicate his/her disposition of the grievance in writing within five (5) work days of such meeting and shall furnish a copy thereof to the alleged violation and, if ASSOCATION president.
E. If the ASSOCIATION is not resolved, shall file a written grievance satisfied with the Supervisor within fifteen (15) work days disposition of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If or if no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance disposition has been made within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section such meeting (or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt from the date of filing, whichever shall be later), the grievance shall be transmitted within five (5) work days to discuss the grievanceSuperintendent. Within ten seven (107) work days of receiving the discussiongrievance, the Superintendent or his/her designated agent designee shall render meet with the ASSOCIATION president about the grievance and shall indicate his/her decision in writing, transmitting a copy disposition of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same grievance in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, writing within ten five (105) work days of receipt such meeting and shall furnish a copy thereof to the ASSOCIATION president.
F. If the ASSOCIATION is not satisfied with the disposition of the Superintendent's decision.grievance by the Superintendent or his/her designee or if no disposition has been made within five (5) work days of such meeting (or twelve
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. A. A 11.01 It is the mutual desire of the Parties hereto, that complaints of employees shall be adjusted as quickly as possible. The Foreperson or Supervisor shall be given the opportunity to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance.
11.02 Grievance shall mean any difference or dispute concerning the interpretation, application, administration or alleged violation of the Collective Agreement.
11.03 If a complaint is not settled in accordance with 11.01 above within three (3) working days, the matter shall be reduced to writing within ten (10) working days from the incident giving rise to the complaint.
11.04 After receipt of the grievance, the Employer shall give their reply in writing to the Business Manager/Secretary-Treasurer within ten (10) working days. If the matter is still not resolved then the Business Manager/Secretary-Treasurer or their Assistant shall advise the Employer within ten (10) working days.
11.05 Within ten (10) working days of receipt of notification from the Business Manager/Secretary-Treasurer in 11.04, the grievance shall be defined as an alleged violation, misinterpretation, discussed at a meeting between the Business Manager/Secretary-Treasurer or misapplication of this Agreement or written Board policies affecting working conditions their Assistant and a Representative of the memberEmployer. Should a memberAfter this meeting, the Employer shall give their answer to the Business Manager/Association feel that there has been a violationSecretary-Treasurer in writing within ten (10) working days.
11.06 If the Employer's answer in 11.05 is unacceptable, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance shall then be discussed within a further five (5) working days at a meeting of the International Vice- President or their designated Representative and a Representative of the Employer. If the matter is not resolved within these five (5) working days, the matter shall be referred to the next step as outlined in 11.07.
11.07 Before proceeding to Arbitration, the Parties shall advise an authorized representative of the Boilermaker Contractors' Association of the details. At the request of either party, the grievance may be discussed between an International Officer of the Union and an authorized representative of the Boilermaker Contractors' Association in order to obtain an interpretation of the Collective Agreement in connection with the Supervisor informally grievance. If the matter is still not resolved within five (5) work working days of the alleged violation andreferral to the Boilermaker Contractors' Association, if not resolvedthen at the request of either party, shall file a written the grievance with the Supervisor within fifteen (15) work days may be referred to Arbitration.
11.08 It is understood and agreed that any of the alleged violation time limits herein may be extended by mutual agreement in writing. In this Article, Saturday, Sunday and discuss the written grievance with the Supervisor within five (5) work days after Recognized Holidays shall not be counted as working days.
11.09 In cases where an employee is discharged, the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following shall be initiated at the discussion of level outlined in 11.04 and if the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which matter is not resolved within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, steps and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.time limits outlined in
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. 6.1 For purposes of this Agreement, any dispute between the City and the Union or between the City and any employee concerning the interpretation, application, claim of breach or violation of the express terms of this Agreement shall be deemed a contract grievance.
6.2 A contract grievance in the interest of a majority of the employees in the bargaining unit shall be reduced to writing by the Union and may be introduced at Step 3 of the contract grievance procedure and be processed within the time limits set forth herein. Removal of an employee from a list on which the employee has provisional placement pursuant to Section 15.15 of Article 15 shall not be a proper subject for this grievance procedure. Removal for a newly hired employee under the terms of that provision shall be deemed a termination of employment and shall also not be a subject for this grievance procedure.
6.3 Because it is mutually beneficial to resolve disputes at the lowest possible level, thereby avoiding the filing of grievances, employees and their shop stewards are encouraged to discuss issues with an immediate supervisor in a timely manner prior to filing a grievance hereunder, but in no event does this informal discussion extend the time limits for filing a grievance set forth in Section 6.4, Step 1.
6.4 A contract grievance shall be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take processed in accordance with the following stepsprocedure:
6.4.1 Step 1: A contract grievance shall be presented in writing by the Union Representative to the Guest Services Manager or designee and or the Seattle Center Director’s designee within fifteen (15) business days of the alleged con- tract violation. The member/Associationwritten grievance shall include: 1) a description of the facts and circumstances of the grievance, with or without 2) identification of the Section(s) of the Agreement allegedly violated, and 3) the proposed remedy. The Guest Services Manager, designee and/or the Seattle Center Director’s designee shall consult and/or arrange a designated representative, shall discuss the grievance with the Supervisor informally meeting within five (5) work business days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of Union Representative to resolve the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2contract grievance. The written grievance, as required herein, parties shall contain:
a. it make every effort to settle the contract grievance at this stage promptly. The grievance shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative answered in writing within ten (10) work business days after receipt discussion of the alleged contract grievance with the Union Representative.
6.4.2 Step 2: If the contract grievance is not resolved as provided in Step 1, it shall be forwarded in writing together with a written statement as to discuss the grievance. Within ten (10) work days Union's reason for non-acceptance of the discussionStep 1 response, by the Superintendent or his/her designated agent shall render his/her decision in writingUnion's Representative, transmitting to the City Director of Labor Relations with a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, Seattle Center Director within ten (10) work business days of receipt of after the Superintendent's decisionStep 1 answer is received by the Union.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. 16.01 The purpose of this Article is to establish a procedure for the settlement of grievances. The Board acknowledges the right of the Association to appoint or otherwise select an Association Grievance Committee consisting of two (2) Employee members. The President/designate of the Association shall inform the Board of the names of the individuals on this Committee. The Board shall supply the necessary facilities for grievance meetings.
16.02 The time limits in this Article are mandatory and not simply directory, except as set out in Article 16.
16.03 A working day shall be defined as a day other than Saturday, Sunday, a paid holiday or a day falling during school breaks.
16.04 Within the terms of this Agreement, a grievance shall be defined as a difference as to the interpretation, application, administration or alleged violation of this Agreement.
16.05 A grievance to be acceptable under this Agreement, must be in writing, must specify the Article or Articles allegedly violated, must indicate the relief sought and must be signed by the grievor in the case of an alleged violation, misinterpretation, or misapplication individual grievance and the Chair of the Grievance Committee in the case of an Association grievance.
16.06 Complaints and grievances shall be settled in the following manner and sequences:
a) The Employee having a complaint arising out of this Agreement shall first approach his/her Principal/Superintendent.
b) The complaint must be received within fifteen (15) working days after the Employee becomes aware or written Board policies affecting working conditions would reasonably be expected to become aware of the member. Should a membercircumstances giving rise to the complaint.
c) The Principal/Association feel that there has been a violation, he/she will take Superintendent shall meet with the following steps:
Step 1: The member/Association, with or without a designated representative, shall Employee within fifteen (15) working days to discuss the grievance with grievance. The Employee is entitled to be accompanied by a representative of the Association Grievance committee. A representative from the Employee Relations Department may also attend the meeting.
d) The Supervisor informally shall reply, verbally, within five (5) work working days after receipt of the complaint. Failing satisfaction with the verbal reply of the Supervisor, the complaint may then become a grievance and may be processed to Step Two.
a) Failing satisfaction with the reply in Step One, then within ten (10) working days of receipt of the alleged violation andreply, if not resolvedthe grievance may be submitted in writing, by the Association Grievance Committee to the Superintendent of Employee Relations.
b) The Superintendent of Employee Relations or designate shall file a written grievance meet with the Supervisor Association Grievance Committee within fifteen (15) work working days of the alleged violation and to discuss the written grievance with the Supervisor grievance. The Association is entitled to have their outside consultant in attendance at this meeting.
c) The Superintendent of Employee Relations or designate shall reply in writing within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work working days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Associationmeeting.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A grievance (a) Grievance Any difference arising between the parties as to the interpretation, application, operation or alleged violation of the Agreement, including any difference arising over the suspension or dismissal of an Employee, and including the question as to whether a matter is arbitrable, shall be defined as an alleged violation, misinterpretation, or misapplication finally and conclusively resolved without stoppage of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take work in the following steps:
Step 1manner: The member/Association, with or without a designated representative, shall discuss the grievance Shop ▇▇▇▇▇▇▇ with the Supervisor informally within five (5Employee(s) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange first request a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt Director of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent Operations or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meetingdesignate, within ten (10) work working days of receipt the alleged violation or Union becoming aware of the Superintendent's decisionalleged violation. · If the grievance is not resolved within ten (10) working days of the meeting referred to in Stage 1 of the grievance procedure, the local may, within a further ten (10) working days, by letter to Human Resources, refer the matter to Stage 2 of the grievance procedure. Two representatives of the local and grievor and two representatives of the Employer shall meet within ten (10) working days of the referral and attempt to resolve the grievance. Policy grievance shall be initiated at Step 2. Stage 3 If the grievance is not resolved within ten (10) working days of the meeting referred to in Stage 2 of the grievance procedure, the matter may be referred by the local or the Employer, within a further fifteen (15) working days, to arbitration. This referral will be in writing with notice to the other party. The matter shall be referred to a Board of Arbitration of three (3) members. One member shall be appointed by the Employer and one by the Union. The third member, who shall be Chairperson of the Arbitration Board, shall be appointed by the parties' appointees. Should the parties' appointees be unable to agree on a Chairperson within five (5) days of the appointment of the member last appointed, then the Chairperson shall be appointed by the Minister of Labour of the Province of British Colmbia. The parties may, as an alternative choose to have a single arbitrator to resolve the issue; in either case the appointment shall be made within thirty (30) days of referral. The majority decision of the Board of Arbitration or single arbitrator shall be final and binding upon the Employer, the Union and the Employee(s) concerned, with due regard to this Agreement and the Labour Relations Code. Each party shall pay the cost of its appointee and one-half (1/2) of the cost of the Chairperson, or one half (1/2) the cost of the single arbitrator. Arbitrators to be chosen by mutual agreement. In the event that Stage 2 has not provided a satisfactory settlement and prior to the matter being referred to Stage 3, two representatives of the Local and grievor and two representatives of the Employer may meet within ten (10) working days of the referral to Stage 3 and attempt to resolve the grievance. The purpose of this meeting is to explore possible solutions to the dispute not discussed at previous stages of the grievance procedure.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be defined as a complaint by any member of the bargaining unit or Association based on an alleged violation, misinterpretation, event or condition that is a violation or misapplication of this Agreement or written Board policies affecting working conditions agreement. Nothing contained herein shall be construed to prevent any individual administrator from presenting a grievance and having the grievance adjusted without intervention of the memberAssociation, if the adjustment is not inconsistent with the terms of this contract. Should It is expressly understood that non-renewal of an administrator’s individual contract of employment is not subject to the grievance procedure. Procedures to be followed by the administrator who files a member/Association feel that there has been a violation, he/she will take the following stepsgrievance:
Step 1: The member/AssociationI - An informal discussion shall first be held with the immediate supervisor, or in cases of principals, directly with the superintendent or without a designated representative, shall discuss designee within five (5) workdays of the occurrence or knowledge thereof. Woodhaven Administrators Association official may represent the aggrieved if so desired. Step II - Should the grievance with the Supervisor not be resolved informally within five (5) work days of the alleged violation andconference, if not resolved, shall file a written grievance with may be referred to the Supervisor within fifteen superintendent stating:
1. Nature of the grievance
2. Articles violated
3. Action requested 4. Written signature of the party submitting grievance (15Woodhaven Administrators Association official may submit the written grievance on behalf of the grievant, or in the case of a group grievance, on behalf of the Association.) The superintendent or designee shall have five (5) work days after receipt of the alleged violation and discuss the written grievance with to schedule a conference to attempt to resolve the Supervisor complaint, and five (5) days thereafter to submit his/her answer and the reasons therefore, in writing, to the grievant. Step III - If the grievance is not settled at the superintendent’s level, the matter may be referred, in writing, to the Board of Education either by the aggrieved or by the Woodhaven Administrators Association within five (5) work days after from the superintendent’s answer. The Board shall review and make a decision within twenty (20) workdays. Both parties may appear before the Board relative to a pending grievance at Step III if an appearance is requested within the written referral to the Board, in which case the Board shall render its decision within twenty (20) workdays of the party’s appearance. The Board’s decision concerning the matter will be final unless the issue is eligible to be processed at the arbitration level. Step IV - Arbitration shall be available for all grievances that have been properly processed through Steps I, II, and III except for non-renewal of an administrator’s individual contract and the evaluation of an administrator. As discussed in Article 4, Section 3, non-renewal of an administrator’s employment contract is not subject to the grievance is filedprocedure, including arbitration. If no satisfactory conclusion the Association is reached within five (5) work days following not satisfied with the discussion disposition of such grievance at Step III, the grievance may be submitted to arbitration before an impartial arbitrator. The Association may request, in writing, arbitration of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her officeStep III disposition. If the decision parties cannot agree as to the arbitrator, he/she shall be selected pursuant to the rules and regulations of the Superintendent is unsatisfactory to the American Arbitration Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. Section 1. Any bargaining unit member may bring a grievance. The term "grievance"
Section 2. Any grievance not filed or advanced within the time limits set forth herein
Section 3. Most grievances arise from misunderstanding which should be promptly
Section 4. Any grievance which cannot be informally resolved shall be processed only
A. STEP ONE
1. A bargaining unit member who believes they have a grievance will reduce their grievance to writing by completing in full the grievance form and presenting such grievance to their supervisor and to the Vice President for Human Resources or a designated Human Resources Representativewithin ten (10) working days after the supervisor's answer in the informal process. The written grievance shall be defined as an alleged violation, misinterpretation, or misapplication state the specific Article(s) and Section(s) of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain:
a. it shall be signed by the grievant(s)/Association.
b. it shall be specific;
c. it shall contain a synopsis of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy State law alleged to have been violated;
e. it shall contain the date , a statement of the alleged violation;
f. it shall specify relevant facts, and the relief specificrelief requested;
g. it shall indicate approval . Any supervisor or disapproval by the Association.
Step 2: The Superintendent or his/her other administrator designated agent shall arrange to hear first level grievances will hold a meeting with the grievant and/or the and a designated Association Union representative within ten (10) work working days after receipt following submission of the grievance to discuss grievance. The grievant shall be given written or e-mail notification of the grievancetime and date of the meeting at least one
(1) day in advance thereof.
2. Within ten (10) work working days of after the discussionfirst step meeting, the Superintendent supervisor will answer the grievance and return it in writing or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same by e-mail to the grievant, bargaining unit member and the Association designated Union representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office.
3. If the decision of bargaining unit member is not satisfied with the Superintendent is unsatisfactory to the Associationanswer, the Association they may appeal same to said answer by returning the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, completed grievance form within ten (10) work working days of receipt of the Superintendentanswer to the departmental representative and to the Vice President for Human Resources or a designated Human Resources Representative. The grievance shall then proceed to Step Two.
B. STEP TWO
1. The Vice President for Human Resources or a designated Human Resources representative and/or other designated administrator, willhold a Step Two meeting within ten (10) working days of receipt of the bargaining unit member's notice of appeal. The grievant shall be given written or e-mail notification of the time and date of the meeting at least one (1) day in advance thereof.
2. The grievant may be represented at this level by the Chief ▇▇▇▇▇▇▇, a ▇▇▇▇▇▇▇, and/or an officer of the Union. The Chief ▇▇▇▇▇▇▇ and a ▇▇▇▇▇▇▇ shall be given time off from work with pay to attend such meeting. If the parties mutually agree, a designated representative may be substituted for either the Chief ▇▇▇▇▇▇▇ or the ▇▇▇▇▇▇▇ in those circumstances where the attendance of such representative would be particularly beneficial to the possible-resolution of the grievance under consideration.
3. Within fifteen (15) working days after said meeting, the Vice President for Human Resources or a designated Human Resources representative and/or other designated administrator will give the University's final decision in writing or by e-mail to the designated Union representative and local President.
Section 5. In unusual circumstances where a grievance affects a large number of
Section 6. If the Union is not satisfied with the University’s Step Two decision, it may
Section 7. All fees and expenses of the arbitration shall be borne equally by the
1. the cost of a stenographer or reporter as requested by the arbitrator or either party and the associated transcription costs. If only one (1) party desires a transcript of the proceedings, the total cost for such transcription shall be paid by the party desiring the transcript. If the other party desires a copy, the total cost of such transcription shall be shared equally by both parties;
2. the fees and expenses of the arbitrator used in the case; and
3. the rental of any facilities where the arbitration is conducted.
Section 8. The arbitrator shall be requested to submit an accounting for all of their fees or expenses. The arbitrator shall be requested to render their decision as quickly as possible, but in no event later than thirty (30) calendar days after the last day of the hearing.
Section 9. Only disputes involving the interpretation, application or alleged violation of a
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance The primary purpose of this procedure shall be defined as to obtain at the lowest level and in the shortest period of time equitable solutions to grievances which may arise from time to time.
B. Any individual unit member of the Association itself may file a grievance, which is an alleged violation, misinterpretation, or misapplication misapplications of any matter negotiated and determined under the provisions of this Agreement or Agreement.
C. The following procedures shall be followed with regard to any and all grievances.
1. An alleged violation shall first be discussed informally between the unit member and his/her immediate supervisor.
2. If the problem is still unresolved, the unit member shall provide the Superintendent with a formal written Board policies affecting working conditions grievance, which shall set forth the Article alleged violated, the facts constituting the alleged violation, the relief sought, the date of the member. Should incident of the alleged violation and the signature of the grievant.
a. After receipt of a member/Association feel that there has been formal written grievance, the Superintendent and the grievant shall have a violationmeeting, he/she will take the following steps:
Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work working days of the alleged violation andSuperintendent’s receipt of the formal written grievance.
b. If the matter is not resolved at this meeting of the Superintendent and the Grievant, if not resolvedthe Superintendent and the grievant shall have a formal meeting, shall file a written grievance together with the Supervisor within fifteen (15) work days President of the alleged violation and discuss the written grievance with the Supervisor Association, within five (5) work working days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with last meeting.
c. The Superintendent shall respond in writing to the Supervisor, the member/Association shall submit the written grievance within five (5) work working days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2this formal meeting.
3. The Association may itself, through its business agent, initiate a grievance at the third step of the procedure, by supplying the Superintendent with a formal written grievance, as required hereinwhen such grievance does not involve a particular unit member or principal, shall containbut instead involves an application of the Agreement that affects all bargaining unit members. An individual may only initiate a grievance at the third step of the grievance procedure with the agreement of the Superintendent.
4. A grievant or the Association may appeal the decision of the Superintendent to the Board through the following procedure:
a. it The grievant shall be signed by provide the grievant(s)/Association.
b. it shall be specific;
c. it shall contain Superintendent with a synopsis written notice of the facts giving rise to the alleged violation;
d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated;
e. it shall contain the date of the alleged violation;
f. it shall specify the relief requested;
g. it shall indicate approval or disapproval by the Association.
Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative intention to appeal within ten (10) work days after receipt of the grievance Superintendent’s decision, to discuss allow adequate time for the Superintendent to arrange for consideration of the appeal at a Board meeting within thirty (30) days of the notice of appeal. This written notice of appeal shall set forth the detailed grievance. Within , the complaints regarding the Superintendent’s decision, a request for scheduling of the appeal before the Board, the identity of the grievant or grievant, and the number of individual grievances.
b. The Superintendent will have ten (10) work days after the receipt of the discussion, written notice of appeal to notify the Superintendent or his/her designated agent grievant(s) when the matter will be taken up before the Board.
5. The appeal before the Board shall render his/her decision in writing, transmitting a copy be for the Board’s consideration of the same to issue or issues raised by the grievant, grievance and the Association representativeSuperintendent’s decision.
6. The Board shall make a disposition of the appeal in a timely manner, and appropriate Supervisorshall promptly notify the grievant or the Association, and place a copy as the case may be, of same in a permanent file in his/her office. If the decision of the Superintendent Board or if the Board is unsatisfactory unable to agree on decision. The grievant or the Association, as the Association case may appeal same to the Board of Education by filing a written grievancebe, along may, if dissatisfied with the Board’s decision, pursue legal remedies and may also resort to legal remedies if a prompt decision is not received from the Board.
D. Time limits set forth herein may be extended by mutual agreement of the Superintendentparties, and time shall not be considered of the essence, with the officer exception of cases involving the termination of an employee with a continuing contract.
E. Failure of either party to proceed without giving notice of a need for an extension of time shall result in the dropping of the grievance (when the grievant or Association fails to proceed) or the relief sought shall be given (if the Superintendent or Board in charge fails to proceed).
F. The procedures of drawing up this Article shall not affect the agenda for the Board's meeting, within ten (10) work days of receipt right of the Superintendent's decisiongrievant or the Association to exercise the right to file an unfair labor practice charge within the time prescribed by law.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement