GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II. 4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement. 4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines. Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 10 contracts
Sources: Master Contract, Master Contract, Master Contract
GRIEVANCE PROCEDURE. 4.1 10.01 A grievance is defined to be any difference that may arise between the parties to:
10.01.01 Any claim by an employeematter relative to rate of pay, or a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hourshours of employment, or terms and other conditions of employment which concerning health, safety, and general welfare as set forth in this Agreement.
10.01.02 Any matter involving an alleged violation of any of the provisions of this Agreement.
10.02 An individual employee will have the right at any time to present his/her grievance to the school district and to have the grievance fully adjusted without the intervention of the Union or its representatives, as long as the adjustment is not inconsistent with the terms of this Agreement Agreement. At the time of the initiation of such a personally presented grievance, the Employer will notify the Local Union President, that same day, that such proceedings have begun. At the time of any adjustment of the grievance, the Local Union President or School Board Policy shall his/her designate will be given the opportunity to be present. No adjustment will be made at unusual times or in such a grievancemanner to deny the Local Union President or his/her designate the opportunity to be present. If In those instances where an adjustment is reached without the presence of the Local Union President or his/her designate, the circumstances surrounding the grievance involves any and the adjustment will be submitted to the Local Union President in writing within two (2) working days of the rights granted final adjustment.
10.03 If more than one (1) employee has a similar complaint, within the definition of a grievance as outlined above, which has been discussed at Step 1, and it is mutually agreed by both parties to the Unionthis Agreement to be of a single common nature, the grievance will be deemed a Class Action Grievance and the Local Union President or his/her designate may be filed by the Union directly to file this Class Action Grievance at Step II2 in lieu of individual grievances.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.10.04 Step 1
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (10.04.01 Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when knowledge by the employee responsibly should have gained knowledge of its occurrencean alleged violation, the employee and/or ▇▇▇▇▇▇▇ shall discuss the problem with the employee’s immediate supervisor per the administrative Chain of Command. Any adjustment reached in the informal discussion Written evidence of this meeting shall be consistent with made and signed by both parties including the terms of this Agreement. If, after informal discussion with problem and the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelinesdate.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 8 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employeeThe parties agree to the following governing principles for the filing and processing of grievances:
a. If a resolution cannot be reached through the informal process provided in Section 6.02, or the Faculty member(s) may file a group of employees, grievance at the administrative level immediately above the level at which the action occurred that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with gave rise to the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any of the rights granted to the Union, the The grievance may be filed by at a higher level if the Union directly to Step II.
4.2 The grievant(s) parties mutually agree in writing. If the action occurred at the Chancellor’s level or above, the grievance shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance filed with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrenceChancellor. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a such grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five the forty-two (542) working days following the disposition day period noted in Section 6.04.
b. The written grievance shall contain a statement of the facts, the provision or provisions of this Agreement that are alleged to have been violated, and the relief requested. If there was an attempt at informal resolution, the written grievance or may also provide information on the expiration of the disposition timelinesinformal process.
Step I c. A formal written grievance must meeting shall be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance held at the lowest administrative level at which the relief may be granted. Such form will be available from grievance is filed within fourteen (14) days after the Union representative and will be available on the District websitegrievance is filed. The facility manager will schedule and conduct meeting shall be between the Administrator (or designee), the Grievant(s), and, if requested by the Grievant(s), an Association representative. The Grievant(s) and/or Administrator (or designee) may invite an additional person(s) to participate in the meeting, provided the name(s) is given to the other party at least 24 hours in advance of the meeting. The Administrator (or designee) shall provide a Step I hearing written response to the Grievant(s) or the Association as appropriate no later than fourteen (14) days after the meeting.
d. If the grievance is denied at the level filed, the Grievant(s)/Association may file an appeal(s) to the next administrative level within five fourteen (514) work days of the receipt of written denial, up to and including the formal grievanceChancellor (e.g., an appeal of a ▇▇▇▇’▇ determination shall be filed with the ▇▇▇▇▇▇▇; an appeal of the ▇▇▇▇▇▇▇’▇ determination shall be filed with the Chancellor, etc.). The facility manager will parties may, by mutual written agreement, skip appeal level(s) in a specific instance. The Administrator (or designee) with whom the appeal is filed may hold a meeting with the Grievant(s)/Association if the Administrator (or designee) believes it is necessary. The Grievant(s) and/or Administrator (or designee) may invite an additional person(s) to participate in the meeting, provided the name(s) is given to the other party at least 24 hours in advance of the meeting. Any such meeting shall be held within fourteen (14) days after the filing of the appeal. The Administrator (or designee) shall provide a written response to the appeal to the Grievant(s) or the Association as appropriate within fourteen (14) days after the filing of the appeal or within fourteen (14) days after the meeting regarding the appeal, whichever is later. If the appeal is filed with the Chancellor, then the Grievant(s) shall have fiveno further internal appeal rights and may elect to request arbitration in accordance with Section 6.07.
e. The parties agree that the processing of merit pay and workload grievances shall be given priority over other grievances.
Appears in 6 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by A grievance is a dispute regarding the application, meaning or interpretation of a particular clause of the Agreement or an alleged violation of this Agreement. A grievant is a bargaining unit employee, a Union ▇▇▇▇▇▇▇, or a group bargaining unit representative, who is alleging a violation of employeesthe Agreement or misapplication or misinterpretation of the Agreement and who has formally or informally notified the County as set forth in this Article. At the initial step of the procedure set forth below, the grievance shall set forth, in writing, the nature of the grievance and the circumstances out of which it arose, the date of the occurrence of the alleged violation, the section or sections of the Agreement relied upon and or claimed to have been violated and the remedy or correction sought. At each step in the grievance procedure the Union shall send document copies to the Human Resources Office. Any or all time limits specified in this grievance procedure may be waived by mutual consent of the parties. With mutual agreement, both parties can choose to bypass Steps 1 and/or 2 of the grievance procedure. A grievance shall start at Step 2 if the employee’s immediate supervisor is the Elected Official, Director or Manager. A grievance may be terminated at any time upon receipt of a signed statement from the Union that there the matter has been misinterpretation resolved. A grievance shall be considered to have been presented or misapplication forwarded within the time limits so long as the mailing of any provision such action was within the time limits specified.
Step 1: After having reviewed the matter verbally with his or her immediate supervisor, if the employee believes a formal grievance is necessary, then he or she shall file a written statement of this written agreement the grievance with his or School Board Policy that affects educational support personnel's wagesher immediate supervisor and the Human Resources Office within twenty-one (21) calendar days from the occurrence or from the date when the employee reasonably should have had knowledge thereof. The supervisor shall respond to the grievance in writing with a copy to the Human Resources Office no later than fourteen (14) calendar days after the grievance is received. For disciplinary grievances, hourswhen the supervisor’s decision is rendered, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy fourteen (14) calendar days has expired, the supervisor shall forward all documents relied on to make their decision to the Human Resources Office to be a grievance. included in the official grievance file.
Step 2: If the grievance involves any remains unresolved after the receipt of the rights granted immediate Supervisor's reply, or if fourteen (14) calendar days have passed from the date when the grievance was submitted to the Unionsupervisor, the employee shall, within fourteen (14) calendar days, submit a written notice to the Elected Official, Director or Manager. The Elected Official, Director or Manager shall have a meeting with the appropriate parties (including the Human Resources Director or designee, and Union Business Representative or designee) to discuss the dispute and, after the meeting, shall respond to the employee within fourteen (14) calendar days of receiving the Step 2 grievance.
Step 3: If the grievance may be filed remains unresolved after receipt of the response by the Union directly Elected Official, Director or Manager, or if fourteen (14) calendar days have passed from the date when the Step 2 grievance was submitted to Step IIthe Elected Official, Director, or Manager, the employee shall, within fourteen (14) calendar days, submit the grievance to the Board of County Commissioners.
4.2 The grievant(sA. Within fourteen (14) calendar days of submission to the Board of County Commissioners, the written positions of both parties shall be allowed submitted to appoint a Union representative, at no cost the Board of County Commissioners. When the written positions are submitted to the Board, each party shall send a courtesy copy to be present for all meetingsthe other.
B. Upon submission of the written positions of the parties, hearingsthe Board may affirm, appeals, modify or other proceedings relative to any reverse the action or decision which is the subject of the grievance which has been formally presented by written decision. The designated Division’s liaison Board member shall meet with a Union representative and no employee may be required Human Resources Office representative to discuss any grievance if the Union representative is not presentparties' position before rendering their decision. If an employee desires Union representation, the employee The Board shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager render its decision within fourteen (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (1014) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working calendar days from the date of the informal conference specified above. When requested last written submission.
Step 4: Mediation: If the grievance remains unresolved after receipt of the response by the employeeBoard of County Commissioners, or if fourteen (14) calendar days have passed from the date when the last written submission was received by the Board, the Union shall, within fourteen (14) calendar days, submit the grievance to the Employment Relations Board for mediation, or to a Union representative may be presentmutually acceptable mediator. The aggrieved may withdraw a grievance at any cost of the mediator shall be shared by both parties. With mutual agreement, both parties can choose to bypass the mediation step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelinesprocedure.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 5 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or a group of employees, that there has been misinterpretation or misapplication of any provision 1. The purpose of this written agreement or School Board Policy that affects educational support personnel's procedure is to secure at the lowest possible level equitable solutions to complaints arising with respect to wages, hours, or terms and conditions hours of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appealswork, or other proceedings relative conditions of employment. Conditions of employment not specifically expressed in this Agreement shall not be subject to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representationArticle 6, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreementArbitration.
4.3 In the event that an employee believes there is a basis for 2. Failure to submit a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the discovery of the act or condition complained will constitute a forfeiture of the right to file. Any decision rendered in a grievance, filed within the time when limits prescribed herein, shall be limited to the party (ies) on whose behalf the grievance was filed, unless otherwise agreed to by the parties. Should the District fail to respond to a grievance within the time limits expressed herein, the Local Union may proceed to the next level of the grievance procedure.
3. At the request of the Executive Director, or designee, Local Union representative(s) will be excused from duty, with pay, to represent an employee during investigatory or performance interviews. After a Local Union Representative has referred a grievance to the District for adjustment, the District will not initiate discussion of the matter with the employee responsibly should have gained knowledge nor adjust the grievance pending settlement with the Local Union or Union, respectively.
3.1 When Local Union Representative requests to meet with Employees at the employee's worksite, in informal problem resolution, the Employer will not interfere with the employee or the Local Union representative in their discussions nor meet to dissuade with employees from meeting with the Local Union Representative. If possible, these meetings will occur during a time outside of its occurrenceserving and/or prep time.
4. Any adjustment reached in written reply to a grievance made at any level which is not appealed to the informal discussion succeeding level within the time limits provided shall be consistent considered closed. By mutual agreement the parties may extend time limits expressed in this Article.
5. Nothing contained herein shall be considered as limiting the right of an employee to discuss or process his grievance as an individual. In such cases the Union shall be notified in writing by the District’s Office of Labor Relations of any decision reached.
6. Any grievance initiated on behalf of the District shall be initiated by the Superintendent or his designee at Step Three.
7. When a grievance affects a group of employees, it may be submitted by the Local Union or Union at any level of the Grievance Procedure, subject to the approval of the District’s Office of Labor Relations.
8. The District agrees to make available, upon written request of the aggrieved party (ies) and/or representative, all pertinent information not privileged, in its possession and control which is relevant to the issue raised by the grievance.
9. When an employee desires to have a grievance presented for settlement by the Local Union, such grievance shall be presented as outlined and settlement effected at any one of the steps indicated.
9.1 Step One: A grievance will be first filed in writing by the employee and/or the Local Union Representative(s) with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure employee's immediate supervisor within five ten (510) working days from following the date act or discovery of the informal conference specified abovecondition which gave rise to the grievance. When requested by the employeeThen, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition receipt of the grievance or grievance, a meeting shall take place between the expiration employee's immediate supervisor, the employee, and/or the Local Union Representative(s), not to exceed two (2) Representatives to discuss the grievance. Within ten (10) working days following said meeting, the immediate supervisor shall give the employee and the Local Union Representative(s) a written response to the grievance. If in the opinion of the disposition timelines.Local Union a satisfactory settlement is not obtained, a Local Union Representative(s) may:
9.2 Step I A formal written grievance must be filed on Two: Within ten (10) working days following receipt of the specified grievance form and submitted Step One response, appeal the grievance, in writing, to the facility managerFood Services Director. In The Food Services Director shall meet with the event Local Union Representative(s) within ten (10) working days from receipt of the remedy sought appeal. Following the meeting, the Director shall answer the grievance in writing within ten (10) working days. If in the opinion of the Union a satisfactory settlement is not within the jurisdiction of the facility managerobtained, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a may:
9.3 Step I hearing within five Three: Within ten (510) work working days of the following receipt of the formal Step Two response, appeal the grievance, in writing, to the Office of Labor Relations which shall answer the grievance, in writing, within ten (10) working days following the date upon which a meeting was held to discuss the grievances. The facility manager will then have fiveIf in the opinion of the Union, a satisfactory settlement is not obtained, the Union Representative may within thirty (30) calendar days following the date of the written response proceed to Arbitration, Article 6.
Appears in 5 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employeegrievance, complaint, or a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms dispute (except jurisdictional disputes) arising out of this Agreement involving its interpretation or School Board Policy application shall be considered a grievance. If grievance and subject to resolution under the grievance involves any of the rights granted following procedure, and it is further agreed that until said procedure is exhausted, there shall be no work stoppage or lockout.
a) The Employees shall report to their job ▇▇▇▇▇▇▇, or such other business representative as may be designated by the Union, any grievance, complaint, or dispute that arises between the grievance may be filed by Employee and the Employer. The designated job ▇▇▇▇▇▇▇ or the business representative will attempt to immediately resolve the matter, between the parties on the job.
b) Failing to agree, the designated job ▇▇▇▇▇▇▇ or business representative shall report the matter to the District Representative of the Union. The District Representative or their designee shall attempt to settle the matter with an Employer representative.
c) Should the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint and the Employer have a Union representativedispute or complaint with the other party and if after conferring, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative a settlement is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from days, the date of dispute shall proceed to Step d. in the informal conference specified above. When requested same manner as an Employee complaint.
d) In the event the matter cannot be adjusted by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed method set forth above within five (5) working days following days, the disposition Union will present the matter to the Executive Director of the grievance or AGC of Alaska, Inc. for adjustment and will reduce the expiration of the disposition timelinesmatter to writing if requested.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. e) In the event the remedy sought matter cannot be adjusted within four (4) working days from the date the grievance, complaint, or dispute is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from presented by the Union representative to the Executive Director of the AGC of Alaska, Inc., the Union may take the dispute to arbitration as outlined in Section 2 of this Article.
f) Any dispute that arises between the Employees and will be available the Employer or any complaint or grievance on the District website. The facility manager will schedule and conduct a Step I hearing part of both or one shall be submitted to the local Union within five thirty (530) work days of the receipt known date of violation or when Employee could have reasonably become aware of the formal violation to be eligible to receive the assistance of the local Union.
g) Times set forth by this Article may be extended by mutual agreement between the parties.
h) Failure of the Union or the Employer to process a grievance in the time frame stipulated shall constitute abandonment of the grievance. The facility manager will If the grievance is abandoned by either party, then have fivethe Union or Employer shall accept the abandoned request or decision as binding. Any abandoned grievance shall not constitute a precedent.
Appears in 4 contracts
Sources: Alaska Construction Agreement, Construction Agreement, Construction Agreement
GRIEVANCE PROCEDURE. 4.1 Step 1: Within ten (10) workdays after the grievant has become aware or should have become aware, through the use of reasonable diligence, of the occurrence of the event giving rise to the alleged grievance, the grievant shall initially meet with his or her immediate supervisor in an attempt to resolve the grievance informally. The supervisor shall give a written answer within ten (10) workdays after such meeting.
Step 2: If the Step 1 discussion fails to resolve the grievance, then a formal grievance may be initiated as set forth in Step 2. Any claim employee covered by an employee, or a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement who has a grievance shall submit it to his or School Board Policy her immediate supervisor provided that said grievance shall be in writing and signed by the aggrieved employee. The supervisor shall give a grievance. written answer within ten (10) workdays after such presentation.
Step 3: If the grievance involves any is not settled in Step 2 and the Union wishes to appeal the grievance to Step 3 of the rights granted Grievance Procedure, it shall be referred in writing to the Unionnext level administrator within ten (10) workdays after the supervisor’s answer in Step 2. The next level administrator, or his or her designee, shall discuss the grievance within ten (10) workdays with the Union at a time mutually agreeable to the parties. If not settlement is reached, the next level administrator, or his or her designee, shall give a written answer to the Union within ten (10) workdays following their meeting.
Step 4: If the grievance may is not settled in Step 3 and the Union desires to appeal, it shall be filed referred by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost in writing to the Board, to be present Associate Superintendent for all meetings, hearings, appealsHuman Resources, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance hehis/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be presenther designated representative, within ten (10) working days of workdays after the alleged violation next level administrator’s answer in Step 3. A meeting between the Associate Superintendent or his/her representative, and the Union shall be held at a time mutually agreeable to the parties, within ten (10) working days following the time when the employee responsibly should have gained knowledge workdays of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievanceUnion’s appeal. The facility manager will then have fiveIf the grievance is settled as a result of such meeting, the settlement shall be reduced to writing and signed by the Associate Superintendent, or his/her representative, and the Union. If no settlement is reached, the Associate Superintendent or his/her representative, shall give the District’s written answer to the Union within ten (10) workdays following the meeting.
Appears in 4 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. 4.1 1. The purpose of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreement.
2. A grievance is defined as a charge by either party to this Agreement that the other has violated/misapplied one or more provisions of this Agreement.
3. As used in this Article, "day" shall mean work days of the Human Resources Offices and shall not include holidays or times when the University's Human Resources Offices are closed.
4. A grievance must contain a statement of the specific step number of the grievance, the name of the employee(s), the circumstances upon which it is based, the Article violated, the date of the alleged violation, the management person alleged to have committed the violation, and the specific remedy being sought. General requests for relief such as "to be made whole" are not acceptable. The initial grievance must be signed and dated by the employee(s); subsequent grievances may be signed by the Union Representative on behalf of the employee. Grievances filed on behalf of a group of employees or a grievance regarding a violation of the Agreement as a whole may be signed by the Union Representative. Failure to submit a grievance with all of the required information contained in this subsection will cause the grievance to be returned to the employee(s) or Union representative. A grievance submitted without the proper information which is returned to the employee(s) or Union representative will not stay the running of the time line for filing a grievance, unless an extension is mutually agreed to by the parties, in writing, as provided in this Article. Grievances must be either hand-delivered, emailed, or mailed at Step One, Two, or Three. Grievances that are emailed must be sent during normal business hours of the University Human Resources Office to be properly filed. Grievances that are served by mail will be considered filed on the date of the postmark.
5. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances:
5.1 in matters where a method or review is mandated by law, or
5.2 in matters where the University is without authority to act.
6. Grievances submitted on behalf of the University shall be initiated by the V.P. of Human Resources at Step Three of the Grievance Procedure. Non-disciplinary grievances submitted by the Union Representative on behalf of the bargaining unit which affect the entire bargaining unit may be submitted at Step Three of the Grievance Procedure.
7. Failure to submit a grievance, in writing, at Step One within fifteen (15) working days following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed to, in writing, by the parties, the time limits expressed herein may be extended. Either the Union, the Local Union, or employee(s) who have entered grievances on their own behalf, may withdraw the grievance at any Step.
8. The parties agree to make available upon the written request of the party seeking the information all pertinent information, not privileged, in their possession and control which is relevant to the issue raised by the grievance, three (3) working days prior to the grievance meeting at Step One of the procedure provided that the written request is delivered at the same time as the grievance and that the date the parties agree to meet at Step One provides for at least six (6) working days’ notice. This section does not limit either party’s right to utilize further information in subsequent steps of the grievance procedure or in the arbitration process.
9. Employees required as witnesses to give testimony in a grievance meeting conducted during working hours of such employee, shall be granted time off with pay for that purpose provided that prior arrangements have been made through the University's Employee Relations Office, so that the time off can be scheduled without adversely affecting the operations of the department involved.
10. Should the University fail to respond to a grievance within the time limits expressed herein, the Local Union or the Union may appeal to the next level of the grievance procedure within the time limits established. Responses will be considered timely if hand delivered, postmarked, or emailed on or before the date the response is due.
11. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. In such cases, the Employee Relations Representative shall be notified of any settlements reached. In addition, the Employee Relations Representative will notify the Union of any settlement reached. An employee may not retain outside legal representation under this grievance procedure without the advance approval of the Union.
12. Once a grievance has been referred to the University by a Local Union Representative, the University shall not discuss the grievance with any employee on whose behalf the grievance was presented without first notifying the Local Union and allowing the Local Union Representative to be present at any discussion or contacts made by the University regarding the grievance and the involved employee.
13. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and subsequent steps of the grievance procedure. The Employee Relations Representative or designee may be called by either party at any step of the Grievance Procedure to provide advice and support to the parties. The role of the Employee Relations Representative or designee is not a decision maker for any party to the grievance at any step of the procedure.
14. Except in cases where immediate disciplinary action is deemed appropriate by the University, the involved employee shall, upon request, have the right to have a Spanish speaking Representative designated by the Union present when such disciplinary actions are to be announced or during investigatory interviews which the employee reasonably believes may result in disciplinary action against him/her. Notices of contemplated or imposed disciplinary action shall be in writing, in plain language, and shall contain the basis for the Employer’s actions, including the policies, rules, or regulations alleged to have been violated, as applicable. If a Spanish speaking employee cannot converse in English, the employee will be advised by the supervisor that he/she may request the meeting be stopped in order to obtain a Representative who speaks in Spanish. In this case a meeting shall not be delayed more than 4 working days. Every effort will be made to have a supervisor or manager level above who speaks Spanish present in the meeting.
15. The management representative will provide a summary of the evidence in order to allow the employee an opportunity to respond to each of the allegations listed in the disciplinary action. The employee’s response in cases of suspension and discharge will be taken into account before making a final determination. In cases of written warning, the employee may submit a letter of response which will be attached to the letter of discipline for inclusion in the Personnel file.
16. In addition, management will provide names of witnesses. Neither party is limited by initial disclosures at subsequent steps of the grievance arbitration procedure when that information becomes newly known by the initiating party.
17. Grievances shall be presented as outlined below: Informal Step Any claim employee who believes that he/she may have a grievance, (if acting on their own behalf), or the Local Union representative, (acting on behalf of an employee) may inform the employee's immediate supervisor that a potential grievance exists. The employee or the Local Union Representative (if acting on behalf of the employee) may, within eight (8) working days of the occurrence or when the individual knew or should have known there was an issue, request that an informal meeting be held. The meeting shall be held within eight (8) working days of notice of the potential grievance. During the meeting, the parties will attempt to resolve the grievance. Step One A formal grievance will first be filed in writing by the Local Union Representative or the individual employee, if filing on his/her own behalf. The grievance will be filed with the employee's manager (or next higher level supervisor, below the ▇▇▇▇ or Director level, if one exists) within fifteen (15) working days following the discovery or when the employee knew or should have known of the act or condition which gave rise to the grievance. A copy will be sent to the Employee Relations Representative. At the time of service, the employee or local union representative shall provide the manager or next higher level supervisor identified above with at least three (3) possible times when the meeting could be held with the manager, or next higher level supervisor, as identified above. The supervisor or manager must acknowledge and select a date with the Union Representative within two (2) working days or provide the Union with alternative dates. The Union must copy the Labor/Employee Relations Office. This meeting must be held within eight (8) working days following receipt of the grievance, and the manager, or next higher level supervisor shall meet with the Local Union Representative acting on behalf of an employee, or the employee if acting on his/her own behalf, to discuss the grievance, and attempt to reach a group of employeesresolution. Within eight (8) working days following the meeting, that there has been misinterpretation the manager or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hoursnext higher level supervisor shall give the Local Union Representative, or terms and conditions the employee if acting on his/her own behalf, a written response to the grievance. If, in the opinion of employment which the Local Union or employee acting on his/her own behalf, a satisfactory settlement is inconsistent not obtained, the Local Union Representative or the employee may proceed to Step Two. Step Two Within eight (8) working days following receipt of Step One Response, the Local Union Representative or employee, filing on his/her behalf may appeal the grievance, in writing with the terms of this Agreement ▇▇▇▇ or School Board Policy shall be Director, with a grievance. If the grievance involves any of the rights granted copy to the Union, Employee Relations Representative. At the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representationtime of service, the employee or Local Union Representative shall provide the ▇▇▇▇ or Director with at least three (3) possible dates and times when the meeting could be responsible for requesting such representationheld. Additional representation will be by mutual agreement.
4.3 In The ▇▇▇▇ or Director must acknowledge and select a date with the event that an Union Representative within two (2) working days or provide the Union with alternative dates. The Union must copy the Labor/Employee Relations Office. Within eight (8) working days following receipt of the grievance, the ▇▇▇▇ or Director shall meet with the Local Union Representative or the employee, if acting on his/her own behalf, and attempt to resolve the grievance. Within eight (8) working days following the meeting, the ▇▇▇▇ or Director shall give the Local Union Representative, or the employee believes there if acting on their own behalf, a written response to the grievance. If, in the opinion of the Local Union Representative or employee, a satisfactory settlement is not obtained, the Union Representative or employee may proceed to Step Three. Step Three Within eight (8) working days following receipt of the Step Two response, the Union Representative or employee may appeal the grievance, in writing, to the V.P. of Human Resources with a basis for copy to the Employee Relations Representative. Once a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complexis appealed to Step Three, a department constitutes a facility.), at which a representative may be present, meeting would take place within ten (10) working days of the alleged violation appeal, between the V.P. or designee and the Union Representative to review and discuss the grievance in an attempt at resolution. The Employer would submit its disposition within ten eight (108) working days of the meeting between the parties. If, in the opinion of the Union Representative, a satisfactory settlement is not obtained, the Union representative may, within twenty (20) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employeeresponse, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of appeal the grievance or the expiration of the disposition timelinesfor binding arbitration in accordance with Article 22.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or a group of employees, Section A. It is mutually agreed that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms all grievances arising under and conditions of employment which is inconsistent with during the terms of this Agreement or School Board Policy shall be settled in accordance with the procedures herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the employer and the Association.
Section B. For the purposes of this Agreement, a "grievance" is defined as an alleged violation of a specific Article and Section of this Agreement. If Written grievances shall be on the form provided by the District and shall name the employee involved, shall state the facts giving rise to the grievance, shall identify all of the provisions of the Agreement alleged to be violated by appropriate reference, shall state the contention of the employee with respect to these provisions, shall indicate the relief requested and shall be signed by the employee involved. When a grievance involves any more than one employee or group of the rights granted to the Union, employees the grievance may be signed by only one of the aggrieved employees or by an officer of the union. In order to inform the District of the extent of liability involved in a grievance, reference to other individuals or groups of individuals involved in the grievance will be included in the statement of the grievance. All grievances must be filed with the immediate supervisor within thirty (30) days of the occurrence. Grievances that do not involve the actions of the immediate supervisor will be filed at Step Three (3) within thirty (30) days after the employee knows of the occurrence of an alleged violation. Step One (Oral) Step Two (Written) Step Three
Section C. Any grievance not appealed in the aforementioned time stipulations shall be deemed settled on the basis of the last response. This and all other time limits at any step of the grievance process may be extended by mutual consent of the Union directly parties. The word "days" in this Article will refer to Step IIwork- days.
4.2 The grievant(s) Section D. No back payments or wages shall be allowed awarded for any period prior to appoint a Union representative, at no cost thirty (30) days prior to the Board, date of filing of a written grievance. All claims for back wages shall be limited to be present for all meetings, hearings, appeals, the amount of wages that the employee would otherwise have earned less any unemployment or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event compensation that an employee believes there is a basis for a grievance he/she shall first discuss may have received from any source during the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days peri- od of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelinesback wages.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 4 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim 2.1. The District will maintain a complete written record of each complaint, the manner in which it was investigated, and the manner in which it was resolved. Such records will be maintained pursuant to the District’s record retention policy unless circumstances dictate that the file should be retained for a longer period of time. Written records, to the extent appropriate, will be maintained in a confidential manner in any affected employee’s personnel file.
2.2. The District will endeavor to respond to and resolve complaints without resorting to this grievance procedure and, if a complaint is filed, to address the complaint promptly and equitably within the specified number of days stipulated at each level.
2.3. The right of a person to prompt and equitable resolution of the complaint filed hereunder shall not be impaired by an employeethe person’s pursuit of other remedies. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies, and use of this grievance procedure does not extend any filing deadline related to the pursuit of other remedies.
2.4. The grievant may request a representative of the Association to be present at all proceedings required to process the grievance after the statement of grievance has been filed.
2.5. When administration schedules grievance hearings during regular school hours, the grievant and representative of the association shall be released from their regular assignment without loss of pay or payroll benefits.
2.6. In all cases where a statement of grievance has been filed with the district, the district shall forward the Association President and/or designee a copy of the statement of grievance within five (5) days after receiving it.
2.7. The district shall notify the Association President and/or designee of all resolutions or dispositions of grievances filed with the district.
2.8. For grievances where the association is not a party to the proceedings at the request of a grievant, the Association retains the right to file a grievance on the same issue at level three.
2.9. Level 1: Informal
2.9.1. A staff member with a complaint is encouraged to first discuss it with the teacher, counselor, or a group of employeesbuilding administrator involved, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms objective of this Agreement or School Board Policy shall resolving the matter promptly and informally. An exception is that complaints of sexual harassment should be a grievancediscussed with the first line administrator that is not involved in the alleged harassment.
2.9.2. If the complaint is not solved satisfactorily the grievant shall present the grievance, orally or in writing, to his or her administrator within ten (10) days, with the objective of resolving the matter informally. This shall be done when he or she is not responsible for student supervision.
2.9.3. The administrator shall give his or her answer orally or in writing within ten (10) days.
2.10. Level 2:
2.10.1. If the complaint is not resolved at ▇▇▇▇▇ ▇, the grievant may file a written grievance. The Level 2 written grievance involves any must be filed with the principal within ten (10) days of the rights granted event or incident, or from the date the grievant could reasonably become aware of such occurrence.
2.10.2. If the complaint alleges a violation of Board policy or procedure, the principal shall investigate and attempt to resolve the Unioncomplaint. If either party is not satisfied with the principal’s decision, the grievance may be filed advanced to Level 3 by requesting in writing that the Union directly to Step II.
4.2 The grievant(s) shall Superintendent review the principal’s decision. This request must be allowed to appoint a Union representative, at no cost submitted to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, Superintendent within ten (10) working days of the alleged violation principal’s decision.
2.11. Level 3:
2.11.1. Upon receipt of the request for review, the Superintendent shall 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 shall have fifteen (15) days in which to provide a written decision, together with the reasons for such decision, to the grievant.
2.12. Level 4:
2.12.1. If either party is not satisfied with the decision of the Superintendent, the Board is the next avenue for appeal. A written appeal must be submitted to the Board within fifteen (15) 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.
2.12.2. 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 writing to all parties within thirty (30) days of that meeting.
2.13. Level 5:
2.13.1. If the decision of the Board is unsatisfactory the grievant may make an appeal to the Association within fifteen (15) days. Within ten (10) working days following the time when Association shall arrange for a hearing with the employee responsibly should have gained knowledge grievant and a hearing committee appointed by the Executive Board of the Association of no less than three members. Within ten (10) days of conclusion of the hearing, the president of the Association shall provide a written decision to the grievant and the district as to whether or not the grievance shall be referred for arbitration.
2.13.2. Within ten (10) days of its occurrencedecision that the complaint should continue to arbitration, a representative of the Association shall meet with the Superintendent for the purpose of selecting a mutually acceptable arbitrator and to obtain a commitment from such arbitrator to serve. Any adjustment reached in If the informal discussion parties are unable to agree on an arbitrator or to obtain a commitment within the ten day period, a request for a list of five arbitrators shall be consistent with made to the terms of this AgreementFederal Mediation and Conciliation Service. If, after informal discussion with Each party shall strike two names. The remaining name on the facility manager, a list shall serve as arbitrator.
2.14. During arbitration neither party shall be permitted to submit any issues which were not submitted previously during the grievance exists, process.
2.15. The arbitrator will set the grievant(s) must initiate proceedings for the following formal grievance procedure within five (5) working days from arbitration process. He or she will submit findings in writing to the date grievant and the Board. He or she shall have no power or authority to enforce his or her suggestions. The Board will consider all suggestions made by the arbiter but will be under no obligation to accept or utilize any such suggestions.
2.16. The decision by the Board shall be final and binding.
2.17. The costs of the informal conference specified above. When requested services of the arbitrator, including per diem expenses, if any, and his/her travel and subsistence expenses, if any, and the cost of the hearing room, will be borne equally by the employee, a Union representative may be presentDistrict and the Association. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form All other expenses will be available from borne by the Union representative and will be available on party incurring the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveexpense.
Appears in 4 contracts
Sources: Professional Agreement, Professional Agreement, Professional Agreement
GRIEVANCE PROCEDURE. 4.1 A. Any claim by an employeeTeacher, group of Teachers, or a group of employeesthe Association, believing that there has been misinterpretation or misapplication a violation of any provision of this written agreement Agreement, may file a Grievance. The Association may, on behalf of the bargaining unit, file classification-wide Grievances as an entity; provided, however, that at the time such Grievance is filed an actual complaint or School Board Policy that affects educational support personnel's wages, hourscontroversy exists between an employee or group of employees and the District concerning the application of this Agreement. Such Association Grievances may be initiated at the third step of the Grievance Procedure. The following matters shall not be the basis of any Grievance filed under the procedures outlined in this Article:
1. The offer or withdrawal of extra-duty assignments from year to year.
2. Discharge or demotion under the provision of the Michigan Teachers’ Tenure Act.
3. Any prohibited or illegal bargaining subject.
4. All other non-grievable items specifically referred to in this Agreement.
B. A formal Grievance shall conform to the following standard format:
1. A specific action, or terms and conditions activity, or absence of employment which is inconsistent with action or activity shall be charged by the terms grieving party(ies).
2. The Grievance shall cite the paragraph(s) or sub-paragraph(s) of this Agreement or School Board Policy alleged to have been violated.
3. A brief synopsis of background facts giving rise to the Grievance shall be provided.
4. The date(s) and place(s) of the alleged action(s) or activity(ies) shall be specified.
5. A specific relief shall be requested by the grieving party(ies).
6. The Grievance shall be signed by the aggrieved Teacher(s) and/or by the local designated Association representative in the case of an Association Grievance.
C. The Association agrees to appoint a grievanceGrievance Committee to process Grievances. GCM’s (Grievance Committee Members) shall have the prerogative of conducting Association business relative to Grievances during all time not designated as student contact time, as long as the student contact time of other Teachers is not infringed upon. The Grievance Committee Chairperson shall process each step of a Grievance as defined in paragraph F of this Article. The Grievance Committee Chairperson shall have the prerogative of using all time not designated as student contact time for the conduct of Association business relative to Grievances and contract administration. The Association shall reimburse the District on a current basis those sums paid to the Office of Retirement Service for Association release time, unless an administrator requests the involvement of the Association representative during this time.
D. The Board designates as its representatives for the purpose of contract administration and the processing of all Grievances the following:
1. The Building Principal in each building for Steps One and Two.
2. The Superintendent for Step Three.
E. All reference to days in this Article shall mean teacher work days, excluding all Saturdays, Sundays, legal holidays, and other days when school is not in session during the school year. If a grievance is in process or extends into the summer vacation period (beginning the day after the last teacher work day of the school year and ending the day before the first teacher work day of the following school year), the countable days shall be Monday through Friday.
F. A Teacher shall have thirty (30) working days after the occurrence of any action or activity, or thirty (30) working days after it was known or should have been known that an activity or action may have violated this Agreement to initiate a Grievance. Step One - Discussion - When the Teacher believes there has been a violation of this Agreement, the Teacher, Supervisor, and a GCM, if requested by the Teacher, shall discuss the problem orally. The Supervisor shall give an oral or written response to the Teacher within three (3) working days. If the grievance involves any response is unsatisfactory to the Teacher or the Supervisor fails to respond in the specified time, Step Two of the rights granted Grievance procedure may be invoked. Step Two - Presentation to Immediate Supervisor - The Grievance Committee Chairperson or designee shall reduce the Grievance to writing and present it to the UnionTeacher’s immediate Supervisor within thirty (30) working days. The Association may use an additional thirty (30) days if it deems it necessary. The Supervisor shall answer the written Grievance, in writing, within five (5) working days to the grievant, the grievance may be filed by Superintendent, and the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not presentGCM. If an employee desires Union representationagreement is reached in this step, the employee GCM, or designee, and Supervisor shall sign all copies of the settlement accordingly. One (1) copy of the agreement shall be responsible for requesting such representationretained by the Supervisor and the GCM, respectively, and a copy shall be filed in the Superintendent’s office. Additional representation Step Three - Presentation to Superintendent - If the response in the first two steps of this procedure is not satisfactory to the Teacher, then the Grievance Committee Chairperson, accompanied by the Building AR, if desired, may present the Grievance to the Superintendent within five (5) working days. If a Grievance concerns two (2) or more buildings, the Grievance Committee Chairperson may present the Grievance within five (5) working days to the Superintendent, who shall answer in writing within five (5) working days. If an agreement is reached in this step, the Chairman of the Grievance Committee and the Superintendent shall sign all copies of the settlement accordingly. Copies of the Grievance will be retained by mutual agreement.
4.3 In the event that an employee believes there Association and the Board. Step Four - Presentation to the Board - If the Grievance is a basis for a grievance he/she not settled in Step Three within five (5) working days, the Association may present the Grievance to the Board of Education through the Secretary of the Board. Within fifteen (15) working days from the receipt of the Grievance, the Board shall first discuss meet to consider the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be presentGrievance. The Grievance shall then, within ten (10) working days days, come before the Board and the Association Grievance Committee. After discussion of the alleged violation or within Grievance in the Grievance Meeting, the Board shall present its final answer in writing to the Association no later than ten (10) working days following after the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelinesGrievance Meeting.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 4 contracts
Sources: Professional Agreement, Professional Agreement, Professional Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim Section 1 - Definition: A grievance is an alleged violation or claimed misrepresenting of a specific section of this contract.
Section 2 - Purpose: The purpose of this grievance procedure is to secure, at the lowest possible administrative level an equitable solution to the grievance.
Section 3 - Procedure:
A. The grievant will detail in writing the nature of the alleged grievance. Grievances shall be processed within the time limits outlined in this contract. Every effort shall be made to expedite the process. The time limits may be extended by the mutual consent of both parties.
B. A grievance may be withdrawn at any time by a written statement by the grievant to the building principal and/or superintendent.
C. If there is a failure to communicate the decision on a grievance within the specified time limit, excluding vacation days, at any level, the grievant shall then be awarded the remedy claimed.
D. The grievant, the Association president, the building principal and the superintendent shall receive a copy of the grievance and its disposition at each level.
E. Form(s) to be used in the grievance procedure will be agreed to under this contract and is set out in Appendix C. Such form(s) will be available in each building, to be obtained from the building principal.
F. Level One:
1. The grievant with an employeealleged grievance shall file the alleged grievance in writing with the building principal, except in matters of salary or a group salary related fringe benefits, which must be filed at Level Three. The written grievance shall name the school employee involved, shall state the facts giving rise to the grievance, shall identify by specific reference all sections of employeesthis agreement alleged to be violated, that there has been misinterpretation or misapplication shall state the contention of any the grievant with respect to the provision of this written agreement or School Board Policy that affects educational support personnel's wagessaid section, hoursand shall indicate the specific relief requested.
2. If the grievant does not file a grievance in writing within forty-five (45) calendar days after the occurrence of the alleged grievance, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy alleged grievance shall be waived.
3. The principal shall have seven (7) calendar days to reach a decision on the alleged grievance. Said decision is to be sent to the grievant.
G. Level Two:
1. If the grievance involves any of the rights granted is not settled at Level One, it may be appealed to the Unionsuperintendent, stating the grievance may be filed by grounds for appeal. A meeting with the Union directly to Step II.
4.2 The grievant(s) superintendent shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, held within ten (10) working days of the alleged violation or within ten (10) working calendar days following the time when receipt of such notice and the employee responsibly should have gained knowledge superintendent shall promptly notify the grievant of its occurrence. Any adjustment reached in the informal discussion date, time, and place where such appeal shall be consistent with heard. The superintendent's written decision shall be transmitted to the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure grievant within five (5) working calendar days after the hearing.
H. Level Three:
1. If the grievance is not settled at Level Two, it may be appealed to the Board by submitting the written grievance to the secretary of the Board. At the next regularly scheduled meeting, the Board shall designate a committee to meet with the grievant for the purpose of hearing the grievance. Said meeting shall take place within thirty (30) days from the date Board's appointment of the informal conference specified abovecommittee to hear the grievance. When requested by Written notice of meeting time, date, and place shall be sent to the employeegrievant. Within fifteen (15) days after such meeting, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following Board shall rule on the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fivefindings and action of the Board are final.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim Section 17.1. It is mutually understood that the prompt presentation, adjustment, and/or answering of grievances is desirable in the interest of sound relations between the employees and the College. The prompt and fair disposition of grievances involves the important and equal obligations and responsibilities, both joint and independent, on the part of the representatives of each party to protect and preserve the Grievance Procedure as an orderly means of resolving grievances. Actions by an employeethe College or the Union which tend to impair or weaken the Grievance Procedure are improper.
Section 17.2. A grievance is a dispute or difference between the College and the Union, or a group between the College and an employee(s), concerning the wages, hours, and working conditions set forth in this Agreement, the interpretation and/or application of employees, that there has been misinterpretation or misapplication of and/or compliance with any provision of this written agreement or School Board Policy that affects educational support personnel's wagesAgreement including all disciplinary actions, hoursand when any such grievances arise, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy following procedure shall be a grievanceobserved:
Step 1. The employee and the employee’s supervisor may meet to attempt to work out the grievance on an informal basis.
Step 2. If the grievance involves any of is not resolved under the rights granted to the Unioninformal method set forth in Step 1, the a written grievance may must be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within event upon which the grievance is based with the employee’s supervisor. Within ten (10) working days following after the time when filing of the grievance, a meeting will be held among the supervisor, the Labor and Employee Relations Representative, the aggrieved employee(s), and if the employee(s) so elect(s), a representative of the Union. Following this meeting, the supervisor shall issue a written/electronic answer to the grievance within seven (7) working days.
Step 3. If the grievance is not satisfactorily settled in Step 2, the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in and/or Union may appeal the informal discussion shall be consistent with Step 2 answer to the terms of this Agreement. IfCampus President, after informal discussion with the facility managerappropriate Vice President or designee, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five seven (57) working days from the date after receipt of the informal conference specified aboveStep 2 response. When requested by the employee, a Union representative may Such appeal shall be presentwritten/ electronic. The aggrieved may withdraw Campus President, appropriate Vice President, or designee shall schedule a grievance at any step meeting with the employee(s) and if the member(s) so
Step 4. If the grievance is not satisfactorily settled in Step 3, the adopted procedure. Appeals to Step I and Step II must be filed aggrieved member(s) and/or the Union may file an appeal with the Vice President of Human Resources of the College or his/ her designee within five seven (57) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of after the receipt of the formal grievancestep 3 decision. Such appeal shall be written/electronic. The facility manager will then have fiveVice President of Human Resources or his/her designee shall schedule a grievance meeting with the aggrieved member(s) and/ or the representative of the Union as outlined above within seven (7) working days after the receipt of the appeal and shall render a written/electronic response within seven (7) working days after the close of the meeting. A copy of the written/electronic response shall be sent to the Union Executive Board, the Grievance Chair, and the SEIU Member Resource Center.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or employee having a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which complaint is inconsistent with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required encouraged to discuss any grievance if the Union representative is not present. If an employee desires Union representation, complaint with his/her immediate supervisor who will make a good faith effort to resolve the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In complaint within the event that an employee believes there is a basis for a grievance hescope of his/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelinesher authority.
Step I A formal written 1: If satisfactory resolution is not reached with the employee’s supervisor, the grievance must be filed on the specified grievance form and submitted in writing to the facility managerStep 1 official designated by the Department. Such appeal shall be considered timely if filed within the 21-calendar day time limit for initiation of a grievance. The parties, upon request of either the Union or the designated official, will meet to discuss and resolve the grievance if possible. The grievant shall be entitled to attend if such attendance is requested by the Union or management official. A written answer will be returned to the grievant and designated MCO Representative within 21 calendar days from receipt of the written appeal to Step 1. The Union will provide written confirmation to the Department of the appeal or withdrawal of each grievance between Step 1 and arbitration.
Step 2: If satisfactory settlement is not reached at Step1, to be considered further, within 45 calendar days from receipt of the Step 1 written answer (or the date the answer was due if no answer was provided), the grievance shall be appealed to the Departmental Appointing Authority (or designee) by the MCO Central Office. In DOC where the event the remedy sought grievance is not within the jurisdiction of the facility managerregarding a disciplinary penalty, and in DHHS the grievant may file be entitled to attend the Step I 2 conference if such attendance is requested by the Union or management official. The Departmental Representative may meet with the designated MCO Representative(s) to attempt to resolve the grievance; however, such meeting shall occur concerning suspension without pay, unsatisfactory rating (for non-probationary employees only), discharge or demotion. A Step 2 conference is discretionary, and is not mandatory, for a grievance at concerning a probationary employee who has received an unsatisfactory service rating, but which does not involve the lowest level at which employee’s discharge. The written answer of the relief may be granted. Such form Step 2 official will be available provided to the grievant and the designated MCO Representative within 30 calendar days from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievancewritten appeal to Step 2. The facility manager will then have fiveabove time limits may be extended by mutual agreement of the parties.
Appears in 3 contracts
Sources: Security Unit Agreement, Security Unit Agreement, Working Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim A. All grievances shall be presented and disposed of in accordance with the following procedure:
Step 1. The first step of the Grievance Procedure is an informal conference with the Director of Physical Plant. All formal grievances shall be presented and handled in accordance with the following procedure after compliance with the first step as set forth in Step 1 above.
Step 2. Each grievance shall be filed in writing and submitted to the Vice President of Human Resources. Written grievances shall contain the following:
1. It shall be signed by the grievant(s)and ▇▇▇▇▇▇▇;
2. It shall be specific: who, what, when, where;
3. It shall contain an employeeexplanation of the facts giving rise to the alleged contract violation;
4. It shall contain the date of the alleged violation;
5. It shall state the remedy requested.
Step 3. In the event, the grievance is not satisfactorily settled at Step 2, the Union shall have ten (10) days in which to submit the grievance to binding arbitration in accordance with the procedures set forth below or to the Teamster’s Local 214 Grievance Panel for review. Notice of the Union’s intent to proceed to the Grievance Panel must be submitted to the College in writing. The decision of the Grievance Panel must be made within sixty (60) days. The Union may appeal arbitral grievances to grievance arbitration under and in accordance with the rules of the American Arbitration Association. Notice of such appeal must be submitted to the College in writing Within twenty (20) work days following notice of appeal, demand for arbitration shall be made by written submission, defining the issue to be arbitrated. The College shall then have ten (10) work days within which to reply to such submissions by filing same with the American Arbitration Association. If the parties do not agree on an arbitrator selection the Union shall file an arbitration notice within 15 calendar days through the American Arbitration Association. The filing with the American Arbitration Association shall be for the selection of the arbitrator only. The Arbitrator shall be empowered, except as limited herein, after due investigation, to make a group decision in cases of employeesalleged violations, that there has been misinterpretation misinterpretations, or misapplication of any provision a specific article and section of this written agreement Agreement. Although the arbitrator may cite law in making his/her award, he/she shall have no power to interpret state and/or Federal Law, to hear any matter involving constitutional rights or School Board Policy to render any provisions of this Agreement inapplicable by reason thereof. The Arbitrator’s decisions shall be submitted in writing and shall set forth his/her findings and conclusions with respect to the issue submitted to arbitration. There shall be no appeal from an arbitrator’s decision, if within the scope of his/her authority as set forth herein, and it shall be final and binding on the Union, members of the bargaining unit, the employee(s) involved, and the College. The arbitrator’s fees and expenses, the cost of any hearing and the cost of a reporter, shall be borne by the losing party. All other costs and expenses shall be borne by the party incurring them. The expenses and compensation of any witness or participant attending the arbitration proceeding shall be paid by the party calling such witness or requesting such participation, excluding the ▇▇▇▇▇▇▇ who is party to the grievance or his/her designee.
B. A Union representative shall have the right to represent any employee in any grievance proceedings upon the request of that affects educational support personnel's wagesemployee. A Union representative shall have the right to process a grievance in behalf of the Union. Any individual employee may present a grievance and have the right to process a grievance on behalf of the Union. Any individual employee may present a grievance and have such grievance adjusted, hourswithout intervention or a Union representative, or terms and conditions of employment which if the adjustment is not inconsistent with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint and if a Union representative, at no cost to the Board, representative has been given an opportunity to be present for all meetingsat such adjustment.
C. At each step of the formal Grievance Procedure, hearings, appeals, the members of the administrative staff or other proceedings relative the Board shall promptly determine the grievance and give notice of its determination to any grievance which has been formally presented the individual involved or representative of the group and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, at the employee step.
D. Every grievance shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, deemed settled and incontestable unless within ten (10) working days after receipt of such notice of determination at any step appeal is taken as above provided to the next succeeding step of the alleged violation or within ten (10) working days following Grievance Procedure.
E. The liability of the time when the employee responsibly should have gained knowledge College arising out of its occurrence. Any adjustment reached in the informal discussion a grievance shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(slimited to not more than fifteen (15) must initiate the following formal grievance procedure within five (5) working days from prior to the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition submission of the grievance or in the expiration of the disposition timelinesfirst step.
Step I A formal written grievance must F. The College shall provide all necessary forms for the processing of grievances.
G. No terms can be filed on added to or subtracted from this Agreement, nor any provision thereof changed, by the specified grievance form and submitted Grievance Procedure. Except as otherwise provided in this Agreement, grievances shall be limited to disputes involving the application or interpretation of this Agreement (either as to the facility manager. In meaning of its terms or as to the event rights of either party under these terms or as to the remedy sought is not within the jurisdiction justification of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveaction taken under these terms).
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by Section I. Definition A grievance is an employeealleged violation or claimed misinterpretation of a specific Article or Appendix of this Agreement.
Section II. Procedure Step One Within thirty (30) calendar days of the time that the grievant knew, or a group reasonably should have known, of employeesthe grievance, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy grievant shall be a grievance. If present the grievance involves any to the building principal during non-teaching hours. Within three (3) working days after presentation of the rights granted to the Uniongrievance, the grievance may be filed by building principal shall orally answer the Union directly to grievant. (See Section IV, E for further guidelines.) Step II.Two
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager A. Within three (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (103) working days of the oral answer, if the grievance is not resolved, it shall be stated in writing, signed by the grievant and submitted to the building principal on the form provided by the administration.
B. The grievance shall (1) name the employee involved, (2) state the facts giving rise to the grievance, (3) identify the specific provisions of this Contract alleged violation or within ten to be violated, (104) state the contention of the grievant with respect to the grievance and, (5) indicate the specific relief requested.
C. Within five (5) working days following after receiving the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance existswritten grievance, the grievant(s) must initiate principal shall communicate his/her answer in writing to the following formal grievant. Step Three
A. If the grievance procedure is not resolved in Step Two, the grievant may, within five (5) working days from the date of receipt of the informal conference specified above. When requested principal’s answer, appeal to the Superintendent by filing the employeegrievance and the principal’s answer, along with any written response of the grievant to the answer of the principal, with the Office of the Superintendent, which shall issue a Union representative may be presentreceipt therefore. The aggrieved may withdraw a grievance at any step Superintendent, or his/her designated representative, shall give the grievant an answer in the adopted procedure. Appeals to Step I and Step II must be filed within five writing no later than ten (510) working days following after receipt of any written grievance properly filed with the disposition Office of the grievance or the expiration of the disposition timelinesSuperintendent.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Tentative Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee6.1 A grievance shall be defined as a charge of a violation, or a group of employeesmisinterpretation, that there has been misinterpretation or misapplication of any provision the expressed terms of this Agreement.
6.2 For purposes of this article, days shall mean calendar days, exclusive of Saturdays, Sundays, legal holidays, and paid holidays.
6.3 The procedures of adjustment of grievances shall be as follows:
Step 1. An employee with a problem or grievance shall first discuss the matter with his/her immediate supervisor with the objective of settling it quickly and informally.
Step 2. In the event the grievance has not been satisfactorily settled, the matter shall be reduced to writing no later than ten (10) days from date of occurrence. The written agreement or School Board Policy that affects educational support personnel's wagesgrievance shall be on a form as provided in Appendix A. The written grievance shall be presented to the employee’s immediate supervisor for disposition. Within five (5) days of receipt of the written grievance the supervisor shall have a conference with the employee and the elected representatives of the Association. The employee may choose to have an additional member of his/her own choosing attend the conference. It is the supervisor’s responsibility to attempt to set a mutually satisfactory time and place for said meeting. The affected employee(s) shall be present at such meeting. Within five (5) days after the meeting, hoursthe supervisor shall state his decision in writing, or indicate that the relief sought is outside his jurisdiction and authority, and furnish a copy thereof to the grievant(s) and Association.
Step 3. Within five (5) days after receiving the decision in Step 2, the Association may appeal in writing to the Superintendent or his/her designee. Within five (5) days of receipt of the written grievance, the Superintendent or his/her designee shall schedule a conference with the Association. It is the Superintendent or his/her designee’s responsibility to attempt to set a mutually satisfactory time and place for said meeting. The affected employee or employees shall be present at such meeting. Within five (5) days of the hearing meeting, the Superintendent or his/her designee shall state his/her decision in writing, and furnish a copy thereof to the grievant(s) and the Association.
Step 4. Within five (5) days after receiving the decision of Step 3, the Association may appeal the decision in writing through the Superintendent of Schools to the Board of Education. Within ten (10) days of receipt of the grievance, the Board of Education shall have a hearing with the grievant(s) and the Association. The Board shall hear the grievance in dispute and shall render its decision in writing within ten (10) days from the close of the hearing.
Step 5. If the Association is not satisfied with the disposition of the grievance by the Board or no decision is rendered within the time provided in Step 4, the Association may, within ten (10) days, submit the matter to arbitration and so notify the Superintendent in writing. If possible, the Board and Association shall mutually begin the selection of an arbitrator within ten (10) days of the arbitration request by the Association. If the parties cannot agree to an arbitrator, the arbitrator shall be selected by the American Arbitration Association in accordance with its rules. 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 a written reference has been made. The arbitrator shall hear the grievance in dispute and shall render his decision in writing as soon as is reasonable. The arbitrator’s decision shall be submitted in writing and shall set forth the findings and conclusions with respect to the issue submitted to arbitration. The arbitrator shall confine the decision to the particular case submitted to arbitration. Both parties agree to be bound by the award of the arbitrator. The arbitrator shall have no authority except to pass upon alleged violations of this Agreement. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement, nor to interfere with the exercise of the Employer’s rights and conditions responsibilities, except, as those rights are expressly limited to this Agreement.
6.4 The fees and expenses of employment the arbitrator shall be paid at equal expense of the Employer and Association. The cost of grievances brought solely by an employee without the support of the Association shall be the responsibility of the employee only.
6.5 No complaint which alleges a statutory unfair labor practice (under the Michigan Employment Relations Act) or a statutory unfair labor practice (under the Federal or State Civil Rights Act) or any other right or remedy which arises pursuant to state constitution or government regulation, may be filed or processed as a grievance under this Agreement. Such matters shall be resolved by the agencies in courts of competent jurisdiction designed by law to deal with such issues.
6.6 On agreement between the Employer and the Association, a hearing upon a grievance may be commenced at any step, and any time limit within the grievance, and may be extended by mutual agreement.
6.7 An employee or the Employer has the right to be represented at any step in the grievance procedure by an attorney or representative. All proceedings in the grievance procedure process shall be held on the Employer’s premises.
6.8 Any grievance or request for advancement to the next grievance level which is not made within the time prescribed shall be deemed to have been withdrawn and shall automatically terminate any further proceedings, resulting in a forfeiture of the grievance.
6.9 The foregoing 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 Employer and have it adjusted without interference of the Association, provided that the adjustment is not inconsistent with the terms of this Agreement Agreement
b. The discipline, suspension, or School Board Policy shall be discharge of a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step IIprobationary employee.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. c. Any adjustment reached in the informal discussion shall be consistent with the terms provision of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days Agreement which contains an express exclusion from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted this procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, A. A grievance shall be defined as a dispute between the County and The Association arising over the interpretation or application of a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms specific aspect of this Agreement or School Board Policy 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 employees. Such committee shall be selected in a manner to be determined by the Association membership. The purpose of the 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 grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss take up the alleged matter with the appointing District Attorney or Public Defender within 10 (ten) days after the employee becomes aware of the event giving rise to the grievance.
D. The District Attorney or Public Defender shall make every attempt to reach an acceptable solution to the problem within five (5) days after it has been submitted to him. Any grievance settlement shall be approved in writing by the appointing District Attorney or Public Defender and the County Manager.
E. If the grievance is not settled during the informal discussion, the Association may proceed with the matter. Within fifteen (15) days after the event giving rise to the grievance, the Association shall submit the grievance in writing to the appointing District Attorney or Public Defender, and 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 the date the employee signed the statement.
F. The Association grievance committee and the appointing District Attorney or Public Defender shall again attempt to resolve the matter. Any grievance settlement shall be approved in writing by the appointing District Attorney or Public Defender and the County Manager.
G. If the grievance is not settled within five (5) days after receipt of the written grievance by the District Attorney or Public Defender, the Association may submit the written grievance with the facility manager information outlined above to the 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 (Within 10) days from the Superintendent's Complexdate he received said grievance.
H. If the matter is not settled in the previous step within three (3) days after receipt of the written response from the County Manager, a department constitutes a facility.), at which a representative may be presentthe Association may, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievanceCounty Manager’s decision notify the County Manager in writing of its desire to submit the matter to the County Commissioners. Subject to judicial review as allowed by law, the decision of the County Commissioners shall be final and binding.
I. The facility manager will then County Commissioners shall have fiveno power to amend, modify, add or delete provisions of this Agreement without written consent of the Association.
J. The time limits specified in the preceding sections may be extended by the mutual agreement of the parties.
K. The Association shall furnish the County with the names of the employees of the Association grievance committee.
L. 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.
M. For purposes of this Article, the term “day” means any day Monday through Friday, excluding holidays.
N. 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 satisfied.
O. 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 3 contracts
Sources: Labor Agreement, Labor Agreement, Labor Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim 8.01 There shall be an ▇▇▇▇▇▇▇ effort on the part of both parties to this agreement to settle promptly, through the procedure set out herein, any grievances. A grievance shall consist of a dispute concerning the interpretation and application of this Agreement.
8.02 It is understood and agreed that an employee does not have a grievance until he has discussed the matter with an official of the Company and given him an opportunity of dealing with the complaint. His decision shall be made known to said employee within forty-eight (48) hours. Grievances properly arising under this agreement shall be adjusted and settled as follows;
Step 1: Within five working (5) days after the circumstances giving rise to the grievance occurred or originated, the aggrieved employee, with or without the assistance of the Union Committeeperson or Chairperson shall present his grievance in writing to his supervisor. If a settlement satisfactory to the employee concerned is not reached within five working (5) days, a grievance may be presented as indicated in Step 2 below, at any time within five working (5) days thereafter.
Step 2: At this step, the grievance will be presented in writing to the operations manager by an employeeauthorized Union representative. The operations manager will make the Company's decision known, in writing within five working (5) days. A written grievance, in Step 1 and Step 2, shall bear the name of the grievor, the nature of the grievance, when it occurred, the specific article(s) alleged to have been violated, the corrective measures suggested as a remedy.
(a) Policy or a group grievances initiated by the Company or by the Union will begin at the second step of employeesthe grievance procedure, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with strict adherence to the terms of this Agreement or School Board Policy shall be a grievance. If the second step of the grievance involves procedure. The regular grievance procedure shall not hereby be by-passed.
(b) A group grievance is a grievance which affects more than one (1) employee and relies upon the same set of facts. Employees affected by a group grievance may be represented by one affected employee in addition to the Committee and National Representative and by mutual agreement he President of Local 4268 at any meetings with management held to discuss the group grievance.
8.04 Grievances dealing with suspension or discharge shall commence with the second step of the rights granted grievance procedure within 5 working days of the suspension or discharge.
8.05 No matter may be submitted to arbitration which has not been properly carried through all previous steps of the Uniongrievance procedure.
8.06 Failing a satisfactory settlement as in the second step, the grievance may be filed by the Union directly submitted to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached arbitration as outlined in the informal discussion shall be consistent with the terms Article 9 of this Agreement. If, after informal discussion .
8.07 Where a driver on highway operations is away from his home terminal and thus unavailable to proceed with the facility managerSteps of Grievance Procedure within the time limits prescribed, a such time limits shall be extended so as to permit his processing the grievance exists, in accordance with the grievant(s) must initiate the following formal grievance procedure within five (5) working days above Steps upon his return to his home terminal. The alternate time frames for resolution will be determined from the date of time the informal conference specified above. When requested by employee returns to his home terminal.
8.08 The time limits foreseen at the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition various steps of the grievance or the expiration of the disposition timelinesarbitration procedures may be extended by mutual consent, in writing, by both parties.
Step I A formal written grievance must be filed on the specified grievance form 8.09 Working days" in Articles 8 and submitted 9 shall mean Monday to the facility manager. In the event the remedy sought is Friday inclusive, but shall not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveinclude Statutory Holidays.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or a group of employees, that there has been misinterpretation or misapplication of any provision Section 1. A grievance within the meaning of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions Agreement is any violation of employment which is inconsistent with the express terms of this Agreement or School Board Policy a dispute concerning the interpretation or application of any of the specific provisions of this Agreement. The following outline of procedure is written as for a grievance of the Union against the University, but it is understood that the steps are similar for a grievance of the University against the Union.
Section 2. Every effort will be made to settle grievances at the lowest possible level of supervision with the understanding grievances may be filed with the next level if the grievance is against the Manager, Printing Services.
Section 3. Grievances processed through Step 2 of the grievance procedure shall be heard during normal University working hours of 8 A.M. to 5 P.M. unless stipulated otherwise by the parties. Employees involved in such grievance meetings during their normal University working hours shall be allowed to do so without suffering a grievanceloss in pay. The shop ▇▇▇▇▇▇▇ and/or Business Representative and the grievant may attend the grievance meeting.
Section 4. Any time limits stipulated in the grievance procedure may be extended for stated periods of time by the parties by mutual agreement in writing.
Section 5. A 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 2 by the shop ▇▇▇▇▇▇▇ and/or a Union official and be processed within the time limits set forth herein. If the grievance involves any is initially submitted at Step 2 it shall be submitted within fifteen (15) working days of the rights granted alleged contract violation.
Section 6. A grievance shall be processed in accordance with the following procedure:
Step 1. A grievance shall be identified as such and may be presented by the aggrieved employee and/or the shop ▇▇▇▇▇▇▇ to the UnionManager, Printing Services within ten (10) working days from the time the complaint arose or should have reasonably been known to exist. The parties agree to make every effort to settle the grievance at this stage promptly. The Manager, Printing Services shall answer the grievance within ten (10) working days after presentation of the grievance.
Step 2. If the grievance is not resolved as provided in Step 1, it shall be reduced to written form citing the section(s) of the Agreement allegedly violated, the nature of the alleged violation and the remedy sought. The written grievance may shall then be filed by forwarded to the Union directly to Director within ten (10) working days after the Step II1 answer. The Director or designee shall convene a meeting within ten (10) working days after receipt of the grievance. The meeting shall include the aggrieved employee, shop ▇▇▇▇▇▇▇ and/or Business Representative, together with the Director or designee and the Manager, Printing Services.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not presentStep 3. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date Union's receipt of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to University's Step I and Step II must be filed within five (5) working days following the disposition of the grievance 2 response or the expiration of the disposition timelines.
University's timeframe for responding at Step I A formal written 2, either party may submit the grievance must be filed on to binding arbitration. If the specified grievance form parties are unable to mutually agree upon an arbitrator, they shall select one from a list of eleven (11) names provided by the Federal Mediation and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District websiteConciliation Service (F.M.C.S.). The facility manager parties will schedule and conduct make a Step I hearing good faith effort to select an arbitrator within five twenty (520) work working days of after receiving the receipt of the formal grievance. The facility manager will then have fivelist from F.M.C.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 16.1 Any claim difference between any employee covered by an employee, this collective agreement and the Board or in a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with proper case between the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any Local of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to Association and the Board, concerning the interpretation, application, operation or alleged violation of this collective agreement and further including any dispute as to be present for all meetingswhether the difference is arbitrable, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreementdealt with as herein provided without stoppage of work or refusal to perform work.
4.3 In the event that an employee believes there is (a) Such a basis for difference (hereinafter called "a grievance he/she grievance") shall first discuss be submitted in writing to the alleged grievance with superintendent or designate, and to the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days Local economic policy committee of the alleged violation or within ten (10) working days following Association as the time when the employee responsibly should have gained knowledge of its occurrencecase may be. Any adjustment reached in the informal discussion Such written submission shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure made within five (5) working 15 days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals incident giving rise to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or from the expiration date the griever first has knowledge of the disposition timelinesincident, whichever is later. Such grievance shall set out the nature of the grievance, the articles of this collective agreement which it is alleged have been violated and the remedy sought.
Step I A formal written grievance must be filed on (b) Both the specified grievance form employee and submitted the employer or their representatives, shall meet to resolve the facility manager. In the event the remedy sought is not dispute within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work 10 days of the receipt of the formal grievancegrievance notice.
(c) In the event that the grievance concerns matters of salary, the Board agrees to provide relevant payroll records if requested by the griever or his representative.
16.2 In the event the grievance is not settled within 15 days after the date of submission of the grievance in accordance with the above procedure, then on or before a further five days have elapsed from the expiration of the aforesaid 15 days time period, the grievance shall be referred in writing to the grievance committee. Such grievance committee shall be composed of two representatives of the Board and two representatives of the Association. A quorum of this committee shall consist of all members. The facility manager will grievance committee shall meet and endeavor to resolve the grievance and shall render its decision in respect of the grievance within 21 days following receipt of the submission and shall dispose of each grievance before proceeding to another, except where by unanimous consent of the grievance committee, the hearing of such grievance is adjourned for the purpose of obtaining further information. If the grievance committee reaches a unanimous decision as to the disposition of any grievance, that decision shall be final and binding.
16.2.1 If the grievance committee does not reach a unanimous or any decision within the said time, then have fiveeither party may, by written notice served on the other party, require the establishment of an arbitration board as hereinafter provided. Such notice must be given within 10 days after the date of the aforesaid 21 day limit expires or the date the grievance committee renders other than a unanimous decision, whichever is shorter.
16.2.2 No meeting of the grievance committee shall be held during normal teaching hours except by the unanimous consent of the grievance committee.
16.3 Each party shall appoint one member as its representative on the arbitration board within seven days of such notice and shall so inform the other party of its appointee. The two members so appointed shall, within five days of the appointment of the second of them, appoint a third person who shall be the chairman. In the event of any failure to appoint a chairman, either party may request the director as defined in the Labour Relations Code to make the necessary appointment.
16.3.1 The arbitration board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to be heard.
16.4 The arbitration board shall not change, amend or alter any of the terms of this collective agreement. All grievances or differences submitted shall present an arbitrable issue under this collective agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provisions of this collective agreement or that involves the determination of a subject matter not covered by or arising during the term of this collective agreement.
16.5 The finding and decision of a majority is the award of the arbitration board and is final and binding upon the parties and upon any employee affected by it. If there is not a majority, the decision of the chairman governs and it shall be deemed to be the award of the arbitration board.
16.5.1 The arbitration board shall give its decision not later than 14 days after the appointment of the chairman provided, however, that this time period may be extended by written consent of the parties.
16.6 Each party to the grievance shall bear the expense of its respective appointee and the two parties shall bear equally the expenses of the chairman.
16.7 All of the aforesaid time limits referred to in the grievance procedures shall be exclusive of Saturdays, Sundays, statutory holidays and school holidays excepting school holidays in July and August if required to complete a grievance already started. With the consent of all parties involved, a grievance procedure may be delayed until after the summer break.
16.8 In the event, at any stage of the aforesaid procedure (except in respect of appointing persons to the board) the grieving party fails to take the actions specified and within the time limits specified, the grievance shall be deemed to be at an end.
16.9 Any of the aforesaid time limits may be extended at any stage upon the written consent of the parties.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 4.1 Any 46 A. A grievance shall be defined as a claim by an employee, or a group of employees, employee that there has been misinterpretation or misapplication a violation of any a specific and express provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent the Agreement. Grievances may only be processed in accordance with the terms procedure as hereinafter provided.
47 B. It is hereby expressly stipulated and agreed that the following matters shall be barred from the arbitration provisions of this agreement:
1. The termination of services by failure to employ any administrator beyond the expiration date of his or her individual contract with the Board.
2. Any non-procedural matter involving administrator evaluation.
3. The termination of services pursuant to an action of layoff by the Board.
4. Any claim, complaint or matter for which the employee can seek redress via the courts or via an administrative tribunal established by law or by regulation having the force of law (e.g. EEOC, Michigan Civil Rights Commission, Tenure Commission, MERC, etc.)
48 C. All preparation, filing, consideration or presentation of grievances shall be at times other than when an employee or a participating ▇▇▇ representative is to be at his or her assigned duty station, unless otherwise arranged by the Assistant Superintendent of Personnel. The ▇▇▇ shall designate a representative to handle grievances when requested by a grievant. If a particular grievance is a "class" grievance affecting employees in more than one (1) building, the grievance shall be processed directly to Step Two and shall be subject to the same time limitations and other requirements as set forth for the institution of grievances at Step One.
49 D. The term "days" as used herein shall mean calendar days.
50 E. Written grievances as required herein shall contain the following:
1. It shall be signed by the grievant or grievants.
2. It shall be specific and relate to the contractual provision(s) alleged to have been violated.
3. It shall cite the section or subsections of this Agreement or School Board Policy alleged to have been violated.
4. It shall be contain a grievance. If the grievance involves any short summation of the rights granted facts giving rise to the Union, the grievance may be filed by the Union directly to Step IIalleged violation.
4.2 The grievant(s) 5. It shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from contain the date of the informal conference specified abovealleged violation.
6. When requested It shall specify the relief requested.
51 F. The time limits as provided in this Article shall be strictly observed and may only be extended by a written agreement between the employee, a Union representative may be present. Assistant Superintendent of Personnel and the President of the ▇▇▇ (or authorized designees).
52 G. The aggrieved may withdraw ▇▇▇ shall not have the right to initiate or appeal a grievance at any step involving the right of an employee or group of employees without his or their express approval in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelineswriting thereon.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim 8.01 A grievance shall be defined as any difference between the parties to or bound by an employeethis agreement concerning its interpretation, application, administration or a group of employees, that there has been misinterpretation or misapplication of any provision alleged violation of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with agreement.
8.02 No grievance shall be considered except under the terms of this Agreement or School Board Policy the following procedure.
8.03 All grievances submitted in writing shall be in a grievance. If the grievance involves any of the rights granted form satisfactory to the Union and the Employer, and copies at all steps shall be sent to the Director Human Resources, or designate. Employer replies to grievances at all steps shall be sent to the grievor and the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s8.04 All person(s) aggrieved shall be allowed to appoint a Union representative, at no cost to have the Board, right to be present for at all meetings, hearings, appeals, or other proceedings relative steps of the grievance procedure.
8.05 No grievance shall be considered where circumstances giving rise to any the grievance which has should reasonably have been formally presented and no employee may be required known to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within more than ten (10) working days prior to the first filing of the alleged violation or within ten (10) grievance.
8.06 For the submission of grievances as provided herein, "working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion days" shall be consistent with considered as the terms days in which ENMAX’s offices are open to the public for the transaction of regular business.
8.07 When a dispute involving a question of general application or interpretation of this Agreement. Ifagreement occurs, after informal discussion with or where the facility managerUnion has a grievance, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition One of the grievance or procedure may be by-passed. At Step Two, the expiration of grievance will be heard by the disposition timelinesExecutive Vice President & Chief Human Resources Officer.
Step I A formal written a) Failure by the Employer to abide by the specified time limits shall result in the decision being deemed to be negative and the Union may submit the grievance to the next step.
b) Failure by the Union to process the grievance in the specified time limits shall result in the grievance being automatically deemed abandoned.
c) Any extensions to the time limits contained herein must be filed on expressly granted in writing by the specified grievance form non-requesting party.
8.08 The aggrieved employee (or group of employees) shall have the case presented by the Business Agent, Union Representative, Shop ▇▇▇▇▇▇▇ or Executive Officer of Local 38. At the Informal Discussion Stage and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility managerStep One only, the grievant employee(s) may file present the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fivecase personally.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by A grievance is a dispute regarding the application, meaning or interpretation of a particular clause of the Agreement or an alleged violation of this Agreement. A grievant is a bargaining unit employee, a Union ▇▇▇▇▇▇▇, or a group bargaining unit representative, who is alleging a violation of employeesthe Agreement or misapplication or misinterpretation of the Agreement and who has formally or informally notified the County as set forth in this Article. At the initial step of the procedure set forth below, the grievance shall set forth, in writing, the nature of the grievance and the circumstances out of which it arose, the date of the occurrence of the alleged violation, the section or sections of the Agreement relied upon and or claimed to have been violated and the remedy or correction sought. At each step in the grievance procedure the Union shall send document copies to the Human Resources Office. Any or all time limits specified in this grievance procedure may be waived by mutual consent of the parties. With mutual agreement, both parties can choose to bypass Steps 1 and/or 2 of the grievance procedure. A grievance shall start at Step 2 if the employee’s immediate supervisor is the Elected Official, Director or Manager. A grievance may be terminated at any time upon receipt of a signed statement from the Union that there the matter has been misinterpretation resolved. A grievance shall be considered to have been presented or misapplication forwarded within the time limits so long as the mailing of any provision such action was within the time limits specified.
Step 1: After having reviewed the matter verbally with his or her immediate supervisor, if the employee believes a formal grievance is necessary, then he or she shall file a written statement of this written agreement the grievance with his or School Board Policy that affects educational support personnel's wagesher immediate supervisor and the Human Resources Office within twenty-one (21) calendar days from the occurrence or from the date when the employee reasonably should have had knowledge thereof. The supervisor shall respond to the grievance in writing with a copy to the Human Resources Office no later than fourteen (14) calendar days after the grievance is received. For disciplinary grievances, hourswhen the supervisor’s decision is rendered, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy fourteen (14) calendar days has expired, the supervisor shall forward all documents relied on to make their decision to the Human Resources Office to be a grievance. included in the official grievance file.
Step 2: If the grievance involves any remains unresolved after the receipt of the rights granted immediate Supervisor's reply, or if fourteen (14) calendar days have passed from the date when the grievance was submitted to the Unionsupervisor, the employee shall, within fourteen (14) calendar days, submit a written notice to the Elected Official, Director or Manager. The Elected Official, Director or Manager shall have a meeting with the appropriate parties (including the Human Resources Director or designee, and Union Business Representative or designee) to discuss the dispute and, after the meeting, shall respond to the employee within fourteen (14) calendar days of receiving the Step 2 grievance.
Step 3: If the grievance may be filed remains unresolved after receipt of the response by the Union directly Elected Official, Director or Manager, or if fourteen (14) calendar days have passed from the date when the Step 2 grievance was submitted to Step IIthe Elected Official, Director, or Manager, the employee shall, within fourteen (14) calendar days, submit the grievance to the Board of County Commissioners.
4.2 The grievant(sA. Within fourteen (14) calendar days of submission to the Board of County Commissioners, the written positions of both parties shall be allowed submitted to appoint a Union representative, at no cost the Board of County Commissioners. When the written positions are submitted to the Board, each party shall send a courtesy copy to be present for all meetingsthe other.
B. Upon submission of the written positions of the parties, hearingsthe Board may affirm, appeals, modify or other proceedings relative to any reverse the action or decision which is the subject of the grievance which has been formally presented by written decision. The designated Division’s liaison Board member shall meet with a Union representative and no employee may be required Human Resources Office representative to discuss any grievance if the Union representative is not presentparties' position before rendering their decision. If an employee desires Union representation, the employee The Board shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager render its decision within fourteen (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (1014) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working calendar days from the date of the informal conference specified above. When requested last written submission.
Step 4: Mediation: If the grievance remains unresolved after receipt of the response by the employeeBoard of County Commissioners, or if fourteen (14) calendar days have passed from the date when the last written submission was received by the Board, the Union shall, within fourteen (14) calendar days, submit the grievance to the Employment Relations Board for mediation, or to a Union representative may be presentmutually acceptable mediator. The aggrieved may withdraw a grievance at any cost of the mediator shall be shared by both parties. With mutual agreement, both parties can choose to bypass the mediation step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelinesprocedure.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employeeShould any difference arise between the Board and any teacher or the Federation with respect to the meaning, interpretation, or application of a group of employees, that there has been misinterpretation or misapplication of any specific and identified provision of this written agreement or School Board Policy that affects educational support personnel's wagesagreement, hours, or terms and conditions of employment which is inconsistent it shall be resolved in accordance with the terms following procedure. This Procedure is intended to encourage resolution of this Agreement or School Board Policy differences through discussion of concerns and consideration of mutually agreeable options wherever possible and, where such discussions are not successful, to facilitate efficient processing of the grievance. Informal resolution of differences through discussion between teachers and their supervisors is encouraged. A grievance shall be a recognized and processed if it is reduced to writing and filed with the Vice President of Academic Affairs within twenty (20) working days following the occurrence of the event giving rise to the grievance. If the grievance involves concerns counseling staff, it shall be filed with the Vice President of Student Services. Either before a grievance is filed or soon thereafter, a conference shall be scheduled by the applicable Vice President (either Academic Affairs or Student Services). The aggrieved and the Federation shall be notified of the time and place of the conference. The participants in the meeting shall be agreed upon by the applicable Vice President or his or her designee and the aggrieved/Federation. If agreement on participants cannot be reached, the conference may be attended by the aggrieved and up to two Federation Representatives, the applicable Vice President or a designee and up to two additional administrators as designated by the applicable Vice President, except that the aggrieved may choose to participate without any intervention by the Federation. The purpose of the meeting shall be to clarify concerns and to explore options for resolving the issue by mutual agreement. If agreement cannot be reached, the participants shall discuss whether to modify any of the rights granted subsequent steps and timelines for processing the grievance. Any agreement to modify steps and timelines shall be reduced to writing between the UnionFederation and the applicable Vice President. If this meeting does not resolve the matter, the applicable Vice President shall provide a written response either accepting or denying the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance is filed or the expiration of meeting is held, whichever is later. A denial shall include reasons for the disposition timelinesdenial.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 3 contracts
Sources: Union Contract, Collective Bargaining Agreement, Labor Contract
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or A. A grievance is defined as a group of employees, written complaint alleging that there has been a violation, misinterpretation or misapplication of any provision condition of employment contained in this written agreement or School Board Policy that affects educational support personnel's wages, hoursAgreement, or terms and conditions of employment which is inconsistent with any rule, policy or regulation of the terms Employer, deemed to be a violation of this Agreement or School Board Policy a claim of discipline without just cause. Nothing shall be prohibit the grievant from contending that the alleged violation arises out of an existing mutually accepted past practice. The concept of past practice shall not apply to matters which are solely operational in nature.
B. Employees shall have the right to present grievances in person or through a grievance. If designated Union Representative at the appropriate step of the grievance involves any of the rights granted to the Union, procedure. No discussion shall occur on the grievance may be filed by until the designated Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint Representative has been afforded a Union representative, at no cost to the Board, reasonable opportunity to be present for all meetingsat any grievance meetings with the employee(s). Upon request, hearings, appealsa supervisor will assist a grievant in contacting the designated ▇▇▇▇▇▇▇ or Representative. Any settlement reached with a grievant without the accompaniment of a Union Representative shall be communicated to the Union and shall only be implemented following the approval of the settlement by the Union.
C. The Union shall determine the representative(s) at step one, or other proceedings relative step two of the grievance procedure not to exceed two representatives in attendance at any grievance which has been formally conference.
D. Only related subject matters shall be covered in any one grievance. A grievance shall contain the clearest possible statement of the grievance by indicating the issue involved, the relief sought, the date the incident or alleged violation took place, and the specific section or sections of this Agreement involved if any. The grievance shall be presented to the immediate supervisor on a mutually agreed upon form, signed and dated by the grievant(s).
E. All grievances shall be presented promptly and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager later than fifteen (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (1015) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working week days from the date the grievant knew or could reasonably have known of the informal conference specified abovefacts or the occurrence of the event giving rise to the alleged grievance. When requested by Week days, for the employeepurpose of the Article, a Union representative are defined as Monday through Friday inclusive, excluding holidays.
F. The Union, through an authorized Officer or Staff Representative, may be presentgrieve an alleged violation concerning the application or interpretation of this Agreement in the manner provided herein. Such grievance shall identify, to the extent possible, employees affected. The aggrieved Union may withdraw a grievance itself grieve alleged violations of Articles conferring rights solely upon the Union.
G. Grievances which by nature cannot be settled at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition One of the grievance or procedure may, upon mutual agreement, be filed at Step Two.
H. Group grievances are defined as, and limited to, those grievances which cover more than one employee and which pertain to like circumstances for the expiration grievants involved. Group grievances shall name all employees and/or classifications and all work locations covered and may, at the option of the disposition timelinesUnion, be submitted directly to Step Two. Group grievances shall be so designated at Step One of the grievance procedure, although names may be added or deleted prior to the conclusion of the Step Two hearing. The Union shall, at the time of filing such a grievance, also provide a copy to the Office of the State Employer.
I. It is expressly understood and agreed that the specific provisions of this Agreement take precedence over policy, rules, regulations, conditions and practices contrary thereto, except as otherwise provided in the Civil Service Rules and Regulations.
J. There shall be no appeal beyond Step I A formal Two on initial probationary service ratings or involuntary separation of initial probationary employees which occur during or upon completion of the probationary period, except that grievances alleging unlawful discrimination against a probationary employee may be appealed by the Union to arbitration.
K. Counseling memoranda, annual ratings, and reprimands are not appealable beyond Step Two of the grievance procedure, but less than satisfactory interim rating, follow up rating, or probationary rating grievances of employees with civil service status, are appealable to arbitration.
L. The parties agree that as a principle of contract interpretation employees shall give full performance of duty while a non-dismissal and non-suspension grievance is being processed.
M. Grievances filed before the effective date of the Agreement shall be concluded only under the provisions of the previous agreement as though that agreement were still in effect.
N. All written grievance must settlements that do not address an implementation date shall be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveimplemented as soon as administratively feasible.
Appears in 3 contracts
Sources: Labor Agreement, Labor Agreement, Labor Agreement
GRIEVANCE PROCEDURE. 4.1 24.01 Any claim complaint, disagreement or difference of opinion between the Employer, the Union or the employees covered by an employeethis Agreement, as to the interpretation, application or a group alleged violation of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be constitute a grievance. Any employee, the Union or the Employer may present a grievance.
24.02 The procedure for adjustment of grievances and disputes shall be as follows:
Step 1: The grievor will first submit the grievance to their Shop ▇▇▇▇▇▇▇ or Union Representative within twenty-one calendar days of the event giving rise to the grievance and a discussion of the matter shall take place with the Supervisor or designate.
Step 2: If the matter is not resolved within seven (7) calendar days of being referred to Step 1, the grievance involves any of the rights granted shall be submitted in writing to the UnionAdministrator or designate. If the matter remains unresolved after thirty (30) calendar days from submission to the Administrator, the grievance may be filed referred to arbitration. Grievances not submitted in writing to the Administrator or designate within the time limits specified above will be considered invalid and will not be carried further in the grievance procedure.
24.03 At any stage in the grievance procedure, an aggrieved employee may elect to be accompanied by a Union Representative or Shop ▇▇▇▇▇▇▇. Prior to accompanying the aggrieved employee the Shop ▇▇▇▇▇▇▇ shall notify their immediate Supervisor.
24.04 The time limits as indicated above can be extended by agreement of both parties to this Agreement.
24.05 When the Union or the Employer presents a grievance, the grievance may be submitted by the Union directly to or the Employer at Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition 2 of the grievance or the expiration of the disposition timelinesprocedure.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employeeSection 1. For the purpose of this Agreement, the term "grievance" is defined as a dispute between the Center and ONA, or between the Center and a group of employeesnurse concerning the interpretation and/or application of, that there has been misinterpretation or misapplication of compliance with, any provision of this written agreement Agreement. Any grievance must allege a violation of a specific provision of this Agreement. When any such grievance arises, the following procedure shall be observed. If the nurse(s) or School Board Policy that affects educational support personnelONA wish to carry the grievance higher, the nurse(s) or ONA must initiate each step within fourteen (14) calendar days of the decision being appealed. Grievances not answered within the time limits prescribed in Steps 1, 2, and 3 shall automatically advance to the next step unless such time limit is extended by mutual agreement.
Step 1. Any nurse having a grievance will reduce the grievance to writing and must present it to the Division Director or designee, within fourteen (14) calendar days of the alleged grievance. A meeting will be held to discuss the grievance within fourteen (14) calendar days from the date the grievance is presented. An ONA representative will be present at this Step 1 meeting. Any grievance pertaining specifically to improper payment or calculation of a nurse's wages, hoursrate of pay, or terms other economic benefits, or tenure (for purposes of seniority rights) must be filed within fourteen (14) calendar days after the nurse has knowledge or should have knowledge of the event upon which the grievance is based. The Division Director or designee shall render a grievance decision within fourteen (14) calendar days of the Step 1 meeting.
Step 2. If the grievance is not settled at Step 1 then it may be presented to the Director of Labor Relations or his/her designated representative within fourteen (14) calendar days from the date of receipt of the Step 1 decision. A meeting will be held with ONA representatives, including ONA’s staff representative, to discuss the grievance in an effort to resolve it and conditions a written answer given to ONA.
Step 3. Either party may request mediation within fourteen (14) days after the date of employment which the Step 2 meeting.
Step 4. If the grievance is inconsistent with not resolved as provided in Step 3, it may be submitted to arbitration upon request of either party. The party requesting arbitration must notify the other party in writing within fifteen (15) calendar days after the mediation or the rejection of Step 3. In the event the matter is submitted to arbitration, the arbitrator shall be appointed by mutual consent of the parties hereto, within seven (7) days after arbitration is invoked. If the parties cannot agree, they shall solicit a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Should one party determine a subsequent panel is necessary, that party shall bear sole responsibility for obtaining the subsequent panel. Following receipt of the panel of arbitrators, the parties shall alternately strike a name from the panel until only one (1) name remains, and that person shall serve as Arbitrator. The decision of the arbitrator shall be final and binding on the parties, and the arbitrator shall be requested to issue a decision within thirty (30) days after the conclusion of testimony and arguments. Expenses for arbitration service and proceedings shall be borne equally by the Center and ONA, except in the case of a party requiring more than one panel of arbitrators as outlined above. The arbitrator shall have no power to add to or subtract from or modify any of the terms of this Agreement or School Board Policy any Agreement made supplementary hereto. Any difference arising incidental to negotiations of terms of a new Agreement or modification or amendment to this Agreement shall not be subject to arbitration. Either party may have a verbatim record made of the proceedings at its expense provided it makes a copy available without charge to the arbitrator, and provided that it makes a copy available to the other party upon that party's request and payment of one- half (1/2) of the total expenses of the record and all copies.
Section 2. Grievances may be processed by the nurse filing the grievance during working hours. Grievance meetings with the Division Director or designee, the Director of Labor Relations or his/her designated representative shall be held during the normal working hours of such administrative personnel.
Section 3. A grievance which affects a grievance. If the grievance involves any substantial number of the rights granted to the Unionidentified nurses may initially be presented at Step 2 of Section 1, the grievance and may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not presentONA. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation These grievances will be by mutual agreementreduced to writing with available substantiating facts.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 A. Definition:
1. Any claim by an employee, a ▇▇▇▇ or a group of employees, the Association that there has been misinterpretation a violation, misinterpretation, or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms the specific and conditions of employment which is inconsistent with the expressed terms of this Agreement or School Board Policy Agreement, shall be a grievance and shall be resolved through the procedure set forth herein.
2. An aggrieved person shall mean the person or persons who are members of the bargaining unit covered by this contract and shall include probationary employees. This article will not pertain to probationary employees whose employment is terminated.
3. A party of interest shall mean the person or persons making the complaint and/or any person who might be required to take action, or against whom action might be taken, in order to resolve the grievance.
4. The terms “days” in this article shall mean working days, except where otherwise indicated.
5. Forms for filing and processing a grievance shall be designed by the District and the Association. They will make provisions for description of the alleged contract violation (time, place, circumstances, etc.) possible resolutions and other such information that both parties deem necessary. Such forms shall be prepared by the Association and shall be given appropriate distribution so as to facilitate the operations of the grievance procedure, Exhibit A.
6. The primary purpose of this grievance procedure is to secure equitable solutions at the closest supervisory level possible. Both the Association and the District agree that these proceedings shall be kept as confidential as may be appropriate at each level of the procedure. Nothing contained herein shall be construed as limiting the right of any ▇▇▇▇ with a legitimate grievance to discuss the matter informally with her/his principal, or supervisor, as described in level one of the procedure.
7. It is important that grievances be processed through the steps as rapidly as possible. The number of days indicated at each step should be considered as the maximum and every effort should be made to expedite the process. If the Association as the moving party fails to comply with time limit, the grievance shall be considered settled on the basis of the District’s last written answer to the grievance. If the grievance involves District, as the responding party, fails to comply with any of the rights granted to the Uniontime limit at any step, the grievance may shall automatically pass to the next step in the grievance procedure. The parties may, however, in writing, mutually agree to extend the time limit at any step.
8. If the grievance is filed on or after May 15, every effort shall be filed made to process the grievance prior to the close of the school year.
9. Any such grievance occurs; there shall be no stoppage or suspension of work because of such grievance.
10. If it is found by the Union directly to Step IIadministrative staff or the Board that a ▇▇▇▇ has been unjustly discharged or suspended, she/he shall be reinstated without loss of pay within the limits described in A.12 below.
4.2 11. No terms can be added to or subtracted from this agreement, nor any provision thereof changed, by the grievance procedure. The grievant(sapplication or interpretation of this agreement (either as to the meaning of its terms or as to the rights of either party under these terms or as to the justification of action taken under these terms) shall be allowed to appoint a Union representative, at no cost subject to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any procedure.
12. The liability of the District arising out of a grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager limited to not more than fifteen (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (1015) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from prior to the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition submission of the grievance or to Step One.
13. The food service employee has the expiration right to request that she/he be represented at all steps and stages by an officer of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction Association or a member of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fivecommittee.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim 2.1. The District will maintain a complete written record of each complaint, the manner in which it was investigated, and the manner in which it was resolved. Such records will be maintained pursuant to the District’s record retention policy unless circumstances dictate that the file should be retained for a longer period of time. Written records, to the extent appropriate, will be maintained in a confidential manner in any affected employee’s personnel file.
2.2. The District will endeavor to respond to and resolve complaints without resorting to this grievance procedure and, if a complaint is filed, to address the complaint promptly and equitably within the specified number of days stipulated at each level.
2.3. The right of a person to prompt and equitable resolution of the complaint filed hereunder shall not be impaired by an employeethe person’s pursuit of other remedies. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies, and use of this grievance procedure does not extend any filing deadline related to the pursuit of other remedies.
2.4. The grievant may request a representative of the Association to be present at all proceedings required to process the grievance after the statement of grievance has been filed.
2.5. When administration schedules grievance hearings during regular school hours, the grievant and representative of the association shall be released from their regular assignment without loss of pay or payroll benefits.
2.6. In all cases where a statement of grievance has been filed with the district, the district shall forward the Association President and/or designee a copy of the statement of grievance within five (5) days after receiving it.
2.7. The district shall notify the Association President and/or designee of all resolutions or dispositions of grievances filed with the district.
2.8. For grievances where the association is not a party to the proceedings at the request of a grievant, the Association retains the right to file a grievance on the same issue at level three.
2.9. Level 1: Informal
2.9.1. A staff member with a complaint is encouraged to first discuss it with the teacher, counselor, or a group of employeesbuilding administrator involved, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms objective of this Agreement or School Board Policy shall resolving the matter promptly and informally. An exception is that complaints of sexual harassment should be a grievancediscussed with the first line administrator that is not involved in the alleged harassment.
2.9.2. If the complaint is not solved satisfactorily the grievant shall present the grievance, orally or in writing, to his or her administrator within ten (10) days, with the objective of resolving the matter informally. This shall be done when he or she is not responsible for student supervision.
2.9.3. The administrator shall give his or her answer orally or in writing within ten (10) days.
2.10. Level 2:
2.10.1. If the complaint is not resolved at Level 1, the grievant may file a written grievance. The Level 2 written grievance involves any must be filed with the principal within ten (10) days of the rights granted event or incident, or from the date the grievant could reasonably become aware of such occurrence.
2.10.2. If the complaint alleges a violation of Board policy or procedure, the principal shall investigate and attempt to resolve the Unioncomplaint. If either party is not satisfied with the principal’s decision, the grievance may be filed advanced to Level 3 by requesting in writing that the Union directly to Step II.
4.2 The grievant(s) shall Superintendent review the principal’s decision. This request must be allowed to appoint a Union representative, at no cost submitted to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, Superintendent within ten (10) working days of the alleged violation principal’s decision.
2.11. Level 3:
2.11.1. Upon receipt of the request for review, the Superintendent shall 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 shall have fifteen (15) days in which to provide a written decision, together with the reasons for such decision, to the grievant.
2.12. Level 4:
2.12.1. If either party is not satisfied with the decision of the Superintendent, the Board is the next avenue for appeal. A written appeal must be submitted to the Board within fifteen (15) 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.
2.12.2. 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 writing to all parties within thirty (30) days of that meeting.
2.13. Level 5:
2.13.1. If the decision of the Board is unsatisfactory the grievant may make an appeal to the Association within fifteen (15) days. Within ten (10) working days following the time when Association shall arrange for a hearing with the employee responsibly should have gained knowledge grievant and a hearing committee appointed by the Executive Board of the Association of no less than three members. Within ten (10) days of conclusion of the hearing, the president of the Association shall provide a written decision to the grievant and the district as to whether or not the grievance shall be referred for arbitration.
2.13.2. Within ten (10) days of its occurrencedecision that the complaint should continue to arbitration, a representative of the Association shall meet with the Superintendent for the purpose of selecting a mutually acceptable arbitrator and to obtain a commitment from such arbitrator to serve. Any adjustment reached in If the informal discussion parties are unable to agree on an arbitrator or to obtain a commitment within the ten day period, a request for a list of five arbitrators shall be consistent with made to the terms of this AgreementFederal Mediation and Conciliation Service. If, after informal discussion with Each party shall strike two names. The remaining name on the facility manager, a list shall serve as arbitrator.
2.14. During arbitration neither party shall be permitted to submit any issues which were not submitted previously during the grievance exists, process.
2.15. The arbitrator will set the grievant(s) must initiate proceedings for the following formal grievance procedure within five (5) working days from arbitration process. He or she will submit findings in writing to the date grievant and the Board. He or she shall have no power or authority to enforce his or her suggestions. The Board will consider all suggestions made by the arbiter but will no be under no obligation to accept or utilize any such suggestions.
2.16. The decision by the Board shall be final and binding.
2.17. The costs of the informal conference specified above. When requested services of the arbitrator, including per diem expenses, if any, and his/her travel and subsistence expenses, if any, and the cost of the hearing room, will be borne equally by the employee, a Union representative may be presentDistrict and the Association. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form All other expenses will be available from borne by the Union representative and will be available on party incurring the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveexpense.
Appears in 3 contracts
Sources: Professional Services, Professional Services, Professional Services
GRIEVANCE PROCEDURE. 4.1 Any claim (a) It is the mutual desire of the parties to this Agreement to attempt to settle complaints of employees as quickly as possible. A grievance shall be defined as any difference arising out of the interpretation, application, administration or alleged violation of the Collective Agreement. Grievances shall be dealt with in the manner outlined below, providing such grievances are in writing, signed by an the aggrieved employee, or a group contain the nature of employeesthe grievance, that there has the remedy sought, the specific sections of the Agreement, which are alleged to have been misinterpretation or misapplication violated and filed within ten (10) working days of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy alleged grievance. Replies to grievances shall be a grievancein writing at all steps. If The employee is encouraged to first discuss the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 issue with their immediate supervisor. The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representationaccompanied by their Union ▇▇▇▇▇▇▇ at all steps of the grievance procedure or at any grievance meetings with the Employer. Additional representation will be by mutual agreement.
4.3 An individual shall, at all times, retain their right to lodge a formal complaint of harassment under the Ontario Human Rights Code. In the event an individual either advises the parties that an employee believes there is a basis for a grievance he/she has lodged a formal complaint or lodges a formal complaint under the Human Rights Code, any grievance that has been initiated on his/her behalf shall first discuss no longer apply and action commenced under the alleged grievance with procedure shall cease forthwith.
Step 1 The employee shall submit the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, grievance to their supervisor within ten (10) working days of the alleged violation or of the Agreement. The employee’s supervisor will forward a copy of the grievance to their manager and the Manager of Employee Relations. The supervisor shall, within ten two (102) working days, convene a meeting with the grievor, accompanied by their ▇▇▇▇▇▇▇ and/or an additional department manager to discuss the grievance. Failing settlement at this step, within two (2) working days following of the time when meeting, then Step 2 may be invoked.
Step 2 The grievance shall then be submitted to the employee responsibly should have gained knowledge Union’s Grievance Committee who shall then submit the grievance to the Human Resources Department within three (3) working days. Within five (5) working days of its occurrence. Any adjustment reached in receipt of notice by the informal discussion Union, a meeting shall be consistent held with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance existsUnion Grievance Committee, the grievant(sgrievor, the supervisor, and the City Grievance Committee.
(a) must initiate the following formal grievance procedure The City shall give its decision within five (5) working days from the date of the informal conference specified abovemeeting. When requested by the employeeFailing settlement at this stage, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct may, but only within a Step I hearing within five (5) work days period of the receipt of the formal grievance. The facility manager will then have fivefifteen
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employeea) The Employer and the Union recognize that grievances may arise concerning:
1) Differences between the parties respecting the interpretation, application, operation or any alleged violation of a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement Collective Agreement, including a question as to whether or School Board Policy that affects educational support personnel's wagesnot a matter is subject to arbitration; or
2) The dismissal, hours, discipline or terms and conditions suspension of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be bound by mutual this agreement.
4.3 In the event that b) Where an employee believes there is has a basis for grievance, her/his grievance shall be settled as follows: Step One The employee, with or without a grievance he/she shop ▇▇▇▇▇▇▇ or Union Committee member (at the employee=s option) shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, employer=s designee within ten (10) working calendar days of the occurrence of the grievance. In this first step, both parties shall make every effort to settle the dispute and shall disclose the reasons for their respective positions. If the grievance is not settled at this step, then; Step Two The grievance shall be reduced to writing by:
1) recording the grievance in writing, setting out the nature of the grievance;
2) stating the article of the agreement infringed upon or alleged violation to have been violated and the remedy or correction required;
3) the grievance shall be signed by the employee and the Union Committee member;
4) within ten (10) calendar days of receipt of the written grievance, the employer=s designate shall give her/his written reply.
5) formal discussion at this stage shall take place during working days following hours, at a time and place mutually agreed to by the time when Employer=s designate and the employee responsibly should have gained knowledge of its occurrenceUnion Committee member. Failing a satisfactory settlement at this stage, then: Any adjustment reached in general grievance with respect to the informal discussion above may be initiated by the Staff Union/CEP Local 468 and shall be consistent with submitted at Step Two of the terms grievance procedure. Step Three The Union Committee and the Committee on Labour Relations shall meet and, at this step of the grievance procedure, each party shall provide to the other a statement of facts and all relevant documents. If the grievance is not settled at this Agreement. If, after informal discussion with the facility manager, a grievance existsstep, the grievant(sparties may access the resolution mechanisms provided by the Collective Agreement.
c) must initiate Employees dismissed or suspended for alleged cause shall have the following formal grievance procedure right within five ten (510) working calendar days from after the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw dismissal or suspension to initiate a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition Three of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility managerprocedure. In the event application of this clause, consideration shall be given to the remedy sought is not within the jurisdiction composition and geographical dispersion of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available Committee on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveLabour Relations.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or a group of employees, that there has been misinterpretation or misapplication of any provision 27.1 The purpose of this written agreement Article is to establish an orderly procedure for the settlement of grievances. The Company and the Union agree to use problem solving techniques in an effort to reach a satisfactory settlement as quickly as possible. All references to the number of days or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions time limits in the different steps of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves procedure shall refer to working days and will exclude Saturdays, Sundays, Holidays and any of other days the rights granted Company is required to close the Union, the grievance plant. All time limits may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be extended by mutual agreement.
4.3 In 27.2 A grievance is defined as a complaint by either the event that an employee believes there is a basis for a grievance he/she shall first discuss Union or the alleged grievance with Company concerning the facility manager (Within the Superintendent's Complexinterpretation, a department constitutes a facility.)application, at which a representative may be present, within ten (10) working days of the administration or alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. IfThe grievance may be in the form of an Individual, after informal discussion Group or Policy Grievance. The procedure for filing individual and group grievances is as follows: (The following steps are written as an example with an employee as the grievor. The roles would be reversed if the Company were the grieving party).
STEP 1 If an employee wishes to have a grievance or complaint taken up it will first be done orally with the facility managerManager/Supervisor within the area giving rise to the dispute. The employee will do this personally, however, a grievance exists, Union Representative may be present and is at the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date discretion of the informal conference specified abovemember. When requested by The complaint will be taken up within 5 days after the incident giving rise to the grievance became known. The Manager/Supervisor will respond to the grievance orally within 4 days after its presentation. The representative alone may represent the employee, a at the employee’s request.
STEP 2 Any grievance requiring further processing will be referred to the Manager/Supervisor within the area giving rise to the dispute by the Union representative may be presentRepresentative within an additional 3 days. The aggrieved may withdraw a grievance at any step in shall be written and will state the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition nature of the grievance the section or the expiration sections of the disposition timelinesAgreement or policy allegedly violated and the redress sought. Within 3 days the Manager/Supervisor will conduct a meeting with the Union Representative(s). The Company and the Union may each be represented at this meeting by two individuals, one of which will be a representative from Human Resources. If the grievance is not settled at this meeting the Manager/Supervisor shall present their decision in writing to the Union Representative within 3 days.
Step I A formal written STEP 3 If the grievance must be filed on requires further processing the specified grievance form and submitted Union will inform the Manager/Supervisor within the area giving rise to the facility managerdispute within 5 days and a grievance meeting shall be arranged between the Grievance Committee and Management Representatives designated by the Executive of the Company. In The grievance meeting will be held within a further 5 days. After this meeting an answer will be given within 5 days. The procedure for filing policy grievances is as follows: A Policy Grievance of general application which alleges that there has been a misinterpretation, violation or non-application of the event Agreement, by either party to this Agreement shall be submitted in writing to the remedy sought other party within 10 days after the incident giving rise to the grievance became known or should have become known to the grieving party. Within 5 days of receipt of such notice a meeting will be held between the Company Representatives and the Union. The Party against whom the complaint has been made will give an answer in writing within 5 days of this meeting. If the matter is not within settled to the jurisdiction of mutual satisfaction the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief parties then it may be granted. Such form processed to the Arbitration stage.
27.3 The aggrieved employee will be available from attend any meeting held between the Company and the Union representative if their attendance is requested and will be available on paid their regular wages and benefits by the District websiteCompany.
27.4 If the time allowances provided for above and any mutually agreed upon extensions are not observed by the Union the grievance will be deemed abandoned. The facility manager If the Company does not observe the same time allowances the grievance will schedule and conduct advance to the next stage.
27.5 A Union Representative will assist in the presentation of a Step I hearing within five (5) work days grievance.
27.6 In cases where it is mutually agreed that an inspection of the receipt job or area would be helpful in settling a grievance, a sub-committee of the formal grievance. The facility manager will then have fiveUnion shall, with representatives of Management, make an inspection of the job or area.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 4.1 Any A grievance shall be any claim by an employee, or a group of employees, employees that there a specified provision of the Agreement has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which violated. Time limits are days when the District Office is inconsistent with the terms of this Agreement or School Board Policy shall be a grievanceofficially open for business. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event parties acknowledge that an employee believes there may resolve problems through free and informal communications provided the adjustment is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal A grievance shall be processed as follows:
Step 1- The grievant shall attempt to resolve the grievance by oral discussion with his or her immediate supervisor or principal if applicable. Grievances must be filed within fifteen (15) days of the facility manager, a act or events that are alleged to violate the contract. Failure to file the grievance existswithin the time limits shall bar the processing of the grievance. Within ten (10) business days of the meeting, the grievant(simmediate supervisor or principal shall provide the grievant and Association with a written decision including reasons for the decision.
Step 2- If a settlement cannot be reached within ten (10) must initiate days after the following formal discussion in Step 1, the grievant may present the grievance procedure in writing to the Superintendent, who will arrange for a meeting to take place within five ten (510) working days from the date after receipt of the informal conference grievance. The grievance must identify the section(s) of the contract that are alleged to have been violated and the events/actions that are alleged to have violated the specified abovesections. When requested by Within ten (10) days of the employeemeeting, the Superintendent shall provide the grievant and Association with a Union representative written decision including reasons for the decisions.
Step 3- If the grievance is not resolved at Step 2, then the grievant may refer the grievance to the Board of Education for a hearing at its next regularly scheduled meeting. Within ten (10) days of the meeting, the Board shall provide the grievant and Association with a written decision including reasons for the decision.
Step 4- If the grievance is not resolved at Step 3, the Association may submit the grievance to final and binding arbitration under the American Arbitration Association rules and procedures. The parties shall share arbitrator fees and expenses equally. Time limits may be presentextended by mutual agreement. The aggrieved An employee may withdraw a grievance be represented by an Association representative at any step in the adopted procedure, including informal communication. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the A grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fivewithdrawn at any step.
Appears in 2 contracts
Sources: Basic Agreement, Basic Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employeeHaving a desire to create and maintain labor relations harmony between them, the parties hereto agree that they will promptly attempt to adjust all disputes involving the interpretation, application, or alleged violation of a group of employees, that there has been misinterpretation or misapplication of any specific provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy Agreement. A grievance shall be a grievance. If the grievance involves any of the condition, which causes an employee to feel that his/her rights granted to the Unionunder this agreement have been violated, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) and shall be allowed to appoint a Union representative, at no cost to resolved in the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any following manner:
Step 1. Any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance taken up with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, immediate supervisor within ten (10) 10 working days of the alleged violation or occurrence of the grievable event. If an attempt at informal (oral) resolution of the grievance is not successful, a written grievance may be presented to the immediate supervisor within ten (10) 10 working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion meeting. The immediate supervisor shall be consistent have five working days after receiving the grievance to set up or schedule a meeting with the terms of this Agreementgrievant to discuss the matter. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) The immediate supervisor will have 10 working days from the date of such meeting to respond in writing to the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelinesgrievant.
Step I A formal written 2. If the grievance must is not resolved at Step 1, it may be filed on the specified grievance form and submitted presented to the facility manager. In the event the remedy sought is not Warden or his/her designee within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work 10 working days of the receipt of the formal grievanceStep 1 response. The facility manager will then Warden or his/her designee shall have fivefive working days to set up or schedule a meeting with the grievant to discuss the matter. The Warden or his/her designee shall have 10 working days to respond to the grievance in writing after the date of such meeting.
Step 3. If the grievance is not resolved at Step 2, it may be presented to the Director of the Department of Corrections or his/her designee within 10 working days of the receipt of the Step 2 response. The Director or his/her designee shall have 10 working days to respond to the grievance in writing.
Step 4. Should the aggrieved employee and the Federation consider the decision of the Director unsatisfactory, the Federation shall, within 15 working days of receipt of such decision, notify the Director and the Chief of the State Office of Labor Relations of its decision to take the grievance to final and binding arbitration.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 4.6.1 Step 1: Any claim by unit member may discuss an employee, or a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent alleged problem with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure their appropriate administrator within five (5) working days from or ten (10) calendar days of the alleged act with the objective of resolving the matter informally.
4.6.2 Step 2: In the event the unit member is not satisfied with the disposition of the grievance at Step 1, or if no decision has been rendered within ten (10) days of the presentation of the grievance, said teacher may file the grievance in writing with the Association’s grievance committee with a copy to the appropriate administrator. The appropriate administrator shall initial and date the form before the grievance complaint is filed with the grievance committee. If a dispute shall arise as to the time of filing, such initialing shall be conclusive evidence of the date of its receipt. The filing with the informal conference specified above. When requested grievance committee and initialing of the copy by the employeeappropriate administrator must occur within the ten (10) days of the alleged aggrieved act. Within ten (10) days of receipt of the grievance, the grievance committee shall decide whether or not there is a Union representative may be presentlegitimate grievance. If the committee decides there is a legitimate grievance it shall immediately process the claim in writing with the appropriate administrator. The aggrieved may withdraw a appropriate administrator shall meet on the grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of receipt of the written grievance or from the expiration grievance committee. This meeting may be attended by not more than the grievant(s), two (2) representatives of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form Union and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction two (2) representatives of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be grantedUtica Community Schools. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within Within five (5) work days of from the receipt of meeting the formal grievance. The facility manager will then have fiveappropriate administrator shall render a decision in writing to the grievant.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or The purpose of the procedure set forth hereinafter is to resolve differences regarding a group complaint of employees, that there has been misinterpretation or misapplication of any provision a violation of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions Agreement. A grievance shall be defined as an alleged violation of employment which is inconsistent with the terms a provision(s) of this Agreement. The parties to this Agreement or School Board Policy recognize the desirability of settling grievances at the earliest possible time. The parties are encouraged to problem-solve disputes. The Association and the Committee desire that the procedure shall be a grievanceconfidential. If A grievance must be filed at its initial level no later than thirty (30) school days next following the grievance involves any occurrence of the rights granted to violation or the Uniondate when the grievant should have known about the violation. At the Association’s option, the a class-action grievance may be filed by initiated at either Level One or Level Two of the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee procedure. Any time limit under this Article may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be waived by mutual agreement.
4.3 In . All documents, communications, and records dealing with the event that an employee believes there is a basis for processing of a grievance he/she shall first discuss be filed separately from the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days personnel files of the alleged violation or within ten (10) working days following participants. If any unit member covered by this Agreement shall present a grievance without representation by the time when Association, the employee responsibly should have gained knowledge disposition of its occurrence. Any adjustment reached in the informal discussion grievance, if any, shall be consistent with the terms provisions of this the Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may The Association shall be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition informed of the grievance or hearing by the expiration administrator/School Committee at that level of the disposition timelines.
Step I A formal written grievance must procedure, shall work with the administrator and the aggrieved unit member to establish a mutually convenient time and date for the meeting, and shall be filed on the specified grievance form and submitted permitted to the facility manager. In the event the remedy sought is not within the jurisdiction be heard at each level of the facility manager, the grievant may file the Step I grievance at the lowest level procedure at which the relief grievance is to be considered. No reprisals of any kind shall be taken against any person because of the exercise of rights under the grievance procedure.
4.2 The levels of the grievance procedure shall be as follows: the written response of the School Committee, the Association may pursue one
(1) of the following two (2) courses: • For grievances involving the evaluation, suspension, or termination of a unit member(s), the Association may file for arbitration with the American Arbitration Association (AAA); • For grievances involving other disputes under the Agreement, the Association may file for arbitration with the Board of Conciliation and Arbitration.
4.3 The cost of arbitration shall be divided equally between the two parties but excluding the Association’s and the Committee's own cost of the presentation of their respective cases. The parties may, by mutual agreement, submit more than one pending grievance to the same arbitrator.
4.4 The arbitrator’s award shall be in writing and shall set forth their findings of fact, reasoning, and conclusions on the issue(s) submitted. The arbitrator shall have no power to add to, subtract from, or modify any of the terms of the Agreement. The award shall be final and binding upon the Committee, the Association, and any unit member(s) who may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct party to a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by SECTION 46.1: Each employee shall have the right to present a grievance to representatives of the College free from interference, coercion, restraint, discrimination or reprisal and shall have the right to representation at all stages of the grievance procedure. A grievance shall be defined as any claimed violation of this contract or of rules, procedures, regulations, administrative orders or work rules which relate to employee health, safety, physical facilities or equipment furnished to employees; provided, however, that such term shall not include any matter involving an employee's pay group placement, retirement benefits, position classification, or any other matter which is otherwise reviewable pursuant to law or any rule or regulation having the force and effect of law (or as to any matter on which the College is without authority to act). The pendency of a grievance shall in no way operate to impede, delay or interfere with the right of the College to take the action complained of.
Step 1: A grievance as defined hereinabove between an employee or a group of employees and the College shall be initiated in the first instance by the employee(s) involved and/or the employee(s) representative with the Department involved, or the Department's authorized designee. The grievance shall be submitted in writing and signed by the aggrieved party or, in the event of a grievance on behalf of a group of employees, that there has been misinterpretation or misapplication by the representative of any provision such group of this written agreement or School Board Policy that affects educational support personnel's wagesemployees. A grievance, hoursif it is to be considered, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be presented within fifteen (15) business days from its known occurrence. The Department Head shall serve a written reply to the aggrieved party or parties within five (5) business days of the submission of the grievance. If the grievance involves any of the rights granted to the Union, the grievance The Department Head or authorized designee may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If conduct an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), informal hearing at which a representative all parties involved may be present, present oral or written statements in support of their position. The hearing shall take place within ten (10) working business days following the submission of the alleged violation grievance to Step 1 of the grievance procedure. The Department Head or authorized designee shall serve a written reply to the aggrieved employee(s) and the Union within five (5) business days from the close of the hearing.
Step 2: In the event the grievance is not disposed of under Step 1 of the grievance procedure, the Union may request a review of the grievance with the Director of Human Resources or designee. Such request shall be submitted in the same manner provided for in Step 1 of the grievance procedure and shall be submitted within ten (10) working business days of the conclusion of Step 1. The Director of Human Resources shall serve a written reply to the Union within ten (10) business days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date close of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines2 review.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. 3: In the event the remedy sought grievance is not within the jurisdiction disposed of under Step 2 of the facility managergrievance procedure, the grievant Union may file submit the grievance to arbitration by filing a demand for arbitration with the Director of Human Resources within twenty (20) business days from the conclusion of Step I grievance at 2. The College and the lowest level at which Union shall establish a permanent panel of arbitrators to hear all arbitrations. The panel shall be selected by mutual agreement. Each year, the relief entire panel shall be reviewed by both parties. At that time, deletions may be granted. Such form will made by either party, and additions may be available from the Union representative and will be available on the District websitemutually agreed to. The facility manager will schedule and conduct top name on a Step I hearing within five rotating, alphabetical list shall be selected for the next arbitration. The selection shall be made when an arbitration demand is received by the Director of Human Resources. Within ten (510) work business days of the receipt of an arbitration demand, the formal Director of Human Resources shall notify the arbitrator who is selected for that case. If an arbitrator is selected for an arbitration that is settled, that name shall be restored to the top of the list. The arbitrator, after reviewing oral and written statements and testimony presented at such hearings, shall respond in writing to both parties to the dispute within thirty (30) days following the close of such hearings. The decision of the arbitrator shall be final and binding upon both parties to the dispute. The arbitrator shall not have jurisdiction or authority to add to, modify, detract from, or alter in any way the provisions of this agreement or any amendment or supplement thereto. If the grievance concerns matters not covered by this agreement or the procedures contained herein have not been adhered to, the grievance shall be denied by the arbitrator. In any back-pay award, the arbitrator shall be limited to a back-pay award not to exceed the period commencing fifteen (15) business days preceding the filing of the grievance. The facility manager will then have fivetime limits as set forth in this article shall be strictly adhered to and shall be binding upon the parties unless waived by mutual agreement. The fees and expenses of the arbitrator shall be shared equally by the parties to this agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee5-1 Purpose
A. The District and the Association acknowledge that it is usually most desirable for the MBU and his/her immediate supervisor to resolve problems through free and informal communications. If, or however, such informal processes fail to satisfy the MBU, a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step IIprocessed.
4.2 B. The grievant(s) purpose of this grievance procedure is to secure equitable solutions to a claim in an equitable manner and at the lowest possible level.
5-2 Immediate Supervisor
A. In any school, the immediate supervisor is deemed to be the building principal, principal designee, or acting principal in his/her absence.
B. If a MBU works at more than one school, the immediate supervisor shall be allowed deemed to appoint be the supervisor with whom the grievance has been filed.
C. If a Union MBU is not assigned to an individual school, the immediate supervisor is deemed to be the administrator by whom the MBU is evaluated.
5-3 Level One
A. A MBU with a Level I grievance shall first present it orally and informally, with or without representative, at no cost to the Board, to be present for all meetings, hearings, appealsgrievant’s immediate supervisor within fifteen (15) days following the alleged violation, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if fifteen (15) days from the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of time the alleged violation is known to the grievant or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, Association.
B. When presenting a grievance existsLevel I grievance, the grievant(s) grievant must initiate specifically inform the following formal immediate supervisor that the presentation is a Level I grievance. A Level I grievance procedure within shall include the following:
1. Date of alleged violation;
2. Section of Agreement allegedly violated;
3. Relief requested.
5-4 Level Two
A. If resolution is not reached by means of the Level I grievance procedure, the grievant shall have five (5) working days from the date of the informal conference specified aboveLevel I grievance meeting to file a written grievance. When requested The grievant may present a claim in writing to the immediate supervisor, either directly or through the Association.
B. A written grievance shall meet the following specifications:
1. It shall contain a synopsis of the facts giving rise to the alleged violation or misinterpretation, including appropriate dates;
2. It shall contain the specific section of this Agreement which has been allegedly inequitably applied;
3. It shall state the relief requested;
4. It shall be signed and dated by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within grievant.
C. Within five (5) working days following after receiving the disposition written claim of grievance, the immediate supervisor shall state the decision in writing and forward it to the Director of Employee Relations, the grievant, and the Association.
5-5 Level Three
A. Within ten (10) days after receiving the written decision of the immediate supervisor (or within twenty (20) days from the date the Level I grievance or the expiration of the disposition timelines.
Step I A formal was filed if there was no written grievance must be filed on the specified grievance form and submitted response to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility managerLevel II), the grievant may file may, either in person or through the Step I Association, submit a written appeal of the immediate supervisor’s decision to the Director of Employee Relations. Said appeal shall be accompanied by copies of the original claim of grievance and the immediate supervisor’s written decision, and shall state with particularity objections to that decision. The Director of Employee Relations shall investigate the claim, evaluate the evidence, and ten (10) days after receiving the written appeal, state in writing a decision. The Association shall receive copies of all grievance decisions made as a result of hearings without Association representation.
B. A copy of the original grievance and the Level III decision shall be sent to the Association at same time the lowest level Level III decision is provided to the grievant.
C. The Level III filing will be submitted with at which least one date (within five days of filing) when the relief Association representative and the grievant will be available.
5-6 Level Four – Arbitration
A. Only grievances arising out of an alleged misinterpretation or alleged violation of the express Terms of this Agreement may be grantedsubmitted to Level IV, and only on petition of the Association. Such form All arbitration hearings will be available from the Union representative held at times and will be available on locations mutually agreeable to both the District website. The facility manager will schedule and conduct a Step I hearing the Association.
B. If the response of the Level III review does not result in resolution of the grievance, the Association on behalf of the grievant may invoke this Level IV procedure within five ten (510) work days of the receipt of the formal grievanceLevel III decision.
▇. The facility manager will then have five▇▇▇▇’s Director of Employee Relations and the Association shall submit the issue and schedule a hearing date with the selected arbitrator within ten (10) days of filing of the grievance at Level IV.
Appears in 2 contracts
Sources: Consensus Agreement, Consensus Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim Section 1: The purpose of this procedure is to resolve grievances in an orderly manner. A determined effort shall be made to settle any grievances at the lowest possible level in the grievance procedure and during the grievance procedure there shall be no suspension of work or interference with the operations of the Library. Meetings or discussions involving grievances or the procedures set forth hereafter shall not occur on Employer time unless otherwise mutually agreed. References to “days” in this agreement mean calendar days.
Section 2: A Shop ▇▇▇▇▇▇▇ and either a Staff Representative or Local President may visit the work location of or speak by an employeetelephone to employees covered by this Agreement at a reasonable time for the purpose of investigating grievances, but without interfering with Library operations.
Section 3: A grievance is defined as only those disputes involving the interpretation, application or alleged violation of a group of employees, that there has been misinterpretation or misapplication of any specific provision of this written agreement or School Board Policy that affects educational support personnel's wagesAgreement and/or TRL Policy. To be valid, hoursgrievances must be submitted to the other Party as soon as possible, but no later than 14 days from the incident leading to the grievance, or terms and conditions from the date the employee or the Union could have reasonably known of employment which is inconsistent the incident. Grievances shall be processed in accordance with the terms following procedures within the stated time limits.
STEP 1. An aggrieved employee and/or the Union shall present grievances in writing within fourteen (14) days of this Agreement or School Board Policy their alleged occurrence to their immediate supervisor, who shall be available to meet with the employee and Union ▇▇▇▇▇▇▇ in person, via conference call or other available means, and who shall attempt to resolve the grievance within fourteen (14) days after receipt of the grievances. Employees may waive Union representation at Step 1 only, in which case the grievance shall end at Step 1. In seeking solutions, immediate supervisors shall coordinate with their Managers. Written notice shall include:
1. A statement/description of the grievance with relevant dates and facts
2. The specific provision(s) of the Agreement allegedly violated
3. Remedy sought
4. Signature and date of the employee grieving. In the case of a group grievance, the group shall be described and at least one named employee from the affected group shall be included. The employee representing the group and the Union ▇▇▇▇▇▇▇/Officer shall sign the grievance.
STEP 2. If not satisfied with the solution the Union shall within fourteen (14) days of receipt of the immediate supervisor's solution, submit the original grievance in writing to the Library Director, including reasons for dissatisfaction with the solution. Within fourteen (14) days from receipt of the written grievance, the Library Director or designee shall meet with the employee grieving, the immediate supervisor and manager(s) and a Union representative. The Library Director or designee shall attempt to resolve the grievance as set forth in writing, and shall issue a decision not more than fourteen (14) days after the meeting is adjourned.
STEP 3. If the grievance involves any remains unresolved, it may be submitted by the Union to the Employer's Board of Trustees within fourteen (14) days of receiving the Library Director’s or designee's response. The Board of Trustees shall convene a special meeting for the purpose of hearing the grievance within thirty (30) days of receipt of the rights granted grievance, and shall issue its decision to the Union not more than fourteen (14) days after the meeting is adjourned.
STEP 4. If the grievance has not been resolved to the Union’s satisfaction, the grievance may be filed referred to arbitration. After receipt of the written request for arbitration, the Employer and the Union shall select an impartial party to serve as an arbitrator. If the Union and the Employer are unable to agree on an arbitrator, the arbitrator shall be selected by a process of elimination from a list of five (5) arbitrators furnished by the Union directly to Step IIAmerican Arbitration Association or, if either party prefers, from a list furnished by PERC.
4.2 STEP 5. The grievant(s) grievance shall be allowed scheduled to appoint a Union representative, at no cost be heard in accordance with the arbitrator's schedule. The arbitrator's decision shall include specific findings of fact and shall identify the application and the arbitrator's interpretation of this Agreement as it applies to the Boardissue in dispute. The arbitrator shall confine himself/herselfthemselves to the precise issues submitted to arbitration and shall have no authority to determine other issues not so submitted. The arbitrator shall have jurisdiction and authority only to rule on interpretation, application or compliance with this Agreement as it may apply to be present for all meetings, hearings, appeals, the issue in dispute. He/sheThey shall not add to or other proceedings relative to detract from or alter in any grievance which has been formally presented and no employee may be required to discuss any grievance if way the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms provisions of this Agreement. IfThe decision of the arbitrator shall be final, after informal discussion with conclusive and binding upon the facility manager, a grievance existsEmployer, the grievant(s) must initiate Union and the following formal employees involved. The expenses and fees in common to the services of the arbitrator shall be borne equally by the Employer and the Union. Each party shall bear the cost for preparing and presenting its own case including the costs of witnesses.
Section 4: Any and all time limits specified in the grievance procedure within five (5) working days from the date may be waived by written mutual agreement of the informal conference parties. Failure of the employees or the Union to submit the grievances in accordance with these time limits without such waiver shall constitute abandonment of those specific grievances. Failure of the Employer to submit a reply within the specified abovetime limits shall cause the grievance to be automatically moved to the next step. When requested by the employee, a Union representative A grievance may be present. The aggrieved may withdraw a grievance terminated at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition time upon receipt of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available a signed statement from the Union representative and will be available on stating that the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fivematter has been resolved.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 A. Any claim by an employeeTeacher, group of Teachers, or a group of employeesthe Association, believing that there has been misinterpretation or misapplication a violation of any provision of this written agreement or School Board Policy that affects educational support personnel's wagesAgreement, hoursmay file a Grievance. The Association may, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any on behalf of the rights granted to bargaining unit, file classification-wide Grievances as an entity; provided, however, that at the Union, the grievance may be time such Grievance is filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, an actual complaint or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If controversy exists between an employee desires Union representation, or group of employees and the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In District concerning the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms application of this Agreement. IfSuch Association Grievances may be initiated at the third step of the Grievance Procedure. The following matters shall not be the basis of any Grievance filed under the procedures outlined in this Article:
1. The offer or withdrawal of extra-duty assignments from year to year.
2. Discharge or demotion under the provision of the Michigan Teachers’ Tenure Act.
3. Any prohibited or illegal bargaining subject.
4. All other non-grievable items specifically referred to in this Agreement.
B. A formal Grievance shall conform to the following standard format:
1. A specific action, after informal discussion with or activity, or absence of action or activity shall be charged by the facility managergrieving party(ies).
2. The Grievance shall cite the paragraph(s) or sub-paragraph(s) of this Agreement alleged to have been violated.
3. A brief synopsis of background facts giving rise to the Grievance shall be provided.
4. The date(s) and place(s) of the alleged action(s) or activity(ies) shall be specified.
5. A specific relief shall be requested by the grieving party(ies).
6. The Grievance shall be signed by the aggrieved Teacher(s) and/or by the local designated Association representative in the case of an Association Grievance.
C. The Association agrees to appoint a Grievance Committee to process Grievances. GCM’s (Grievance Committee Members) shall have the prerogative of conducting Association business relative to Grievances during all time not designated as student contact time, as long as the student contact time of other Teachers is not infringed upon. The Grievance Committee Chairperson shall process each step of a Grievance as defined in paragraph F of this Article. The Grievance Committee Chairperson shall have the prerogative of using all time not designated as student contact time for the conduct of Association business relative to Grievances and contract administration. The Association shall reimburse the District on a current basis those sums paid to the Office of Retirement Service for Association release time, unless an administrator requests the involvement of the Association representative during this time.
D. The Board designates as its representatives for the purpose of contract administration and the processing of all Grievances the following:
1. The Building Principal in each building for Steps One and Two.
2. The Superintendent for Step Three.
E. All reference to days in this Article shall mean teacher work days, excluding all Saturdays, Sundays, legal holidays, and other days when school is not in session during the school year. If a grievance existsis in process or extends into the summer vacation period (beginning the day after the last teacher work day of the school year and ending the day before the first teacher work day of the following school year), the grievant(scountable days shall be Monday through Friday.
F. A Teacher shall have thirty (30) must working days after the occurrence of any action or activity, or thirty (30) working days after it was known or should have been known that an activity or action may have violated this Agreement to initiate a Grievance. Step One - Discussion - When the following formal grievance Teacher believes there has been a violation of this Agreement, the Teacher, Supervisor, and a GCM, if requested by the Teacher, shall discuss the problem orally. The Supervisor shall give an oral or written response to the Teacher within three (3) working days. If the response is unsatisfactory to the Teacher or the Supervisor fails to respond in the specified time, Step Two of the Grievance procedure may be invoked. Step Two - Presentation to Immediate Supervisor - The Grievance Committee Chairperson or designee shall reduce the Grievance to writing and present it to the Teacher’s immediate Supervisor within thirty (30) working days. The Association may use an additional thirty (30) days if it deems it necessary. The Supervisor shall answer the written Grievance, in writing, within five (5) working days from to the date grievant, the Superintendent, and the GCM. If an agreement is reached in this step, the GCM, or designee, and Supervisor shall sign all copies of the informal conference specified abovesettlement accordingly. When requested One (1) copy of the agreement shall be retained by the employeeSupervisor and the GCM, respectively, and a Union representative may copy shall be present. The aggrieved may withdraw a grievance at any step filed in the adopted procedureSuperintendent’s office. Appeals Step Three - Presentation to Step I and Step II must be filed Superintendent - If the response in the first two steps of this procedure is not satisfactory to the Teacher, then the Grievance Committee Chairperson, accompanied by the Building AR, if desired, may present the Grievance to the Superintendent within five (5) working days. If a Grievance concerns two (2) or more buildings, the Grievance Committee Chairperson may present the Grievance within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility managerSuperintendent, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing who shall answer in writing within five (5) work days working days. If an agreement is reached in this step, the Chairman of the receipt Grievance Committee and the Superintendent shall sign all copies of the formal grievancesettlement accordingly. The facility manager Copies of the Grievance will then have be retained by the Association and the Board. Step Four - Presentation to the Board - If the Grievance is not settled in Step Three within five
Appears in 2 contracts
Sources: Professional Agreement, Professional Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim 2.1. The District will maintain a complete written record of each complaint, the manner in which it was investigated, and the manner in which it was resolved. Such records will be maintained pursuant to the District’s record retention policy unless circumstances dictate that the file should be retained for a longer period of time. Written records, to the extent appropriate, will be maintained in a confidential manner in any affected employee’s personnel file.
2.2. The District will endeavor to respond to and resolve complaints without resorting to this grievance procedure and, if a complaint is filed, to address the complaint promptly and equitably within the specified number of days stipulated at each level.
2.3. The right of a person to prompt and equitable resolution of the complaint filed hereunder shall not be impaired by an employeethe person’s pursuit of other remedies. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies, and use of this grievance procedure does not extend any filing deadline related to the pursuit of other remedies.
2.4. The grievant may request a representative of the Association to be present at all proceedings required to process the grievance after the statement of grievance has been filed.
2.5. When administration schedules grievance hearings during regular school hours, the grievant and representative of the association shall be released from their regular assignment without loss of pay or payroll benefits.
2.6. In all cases where a statement of grievance has been filed with the district, the district shall forward the Association President and/or designee a copy of the statement of grievance within five (5) days after receiving it.
2.7. The district shall notify the Association President and/or designee of all resolutions or dispositions of grievances filed with the district.
2.8. For grievances where the association is not a party to the proceedings at the request of a grievant, the Association retains the right to file a grievance on the same issue at level three.
2.9. Level 1: Informal
2.9.1. A staff member with a complaint is encouraged to first discuss it with the teacher, counselor, or a group of employeesbuilding administrator involved, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms objective of this Agreement or School Board Policy shall resolving the matter promptly and informally. An exception is that complaints of sexual harassment should be a grievancediscussed with the first line administrator that is not involved in the alleged harassment.
2.9.2. If the complaint is not solved satisfactorily the grievant shall present the grievance, orally or in writing, to his or her administrator within ten (10) days, with the objective of resolving the matter informally. This shall be done when he or she is not responsible for student supervision.
2.9.3. The administrator shall give his or her answer orally or in writing within ten (10) days.
2.10. Level 2:
2.10.1. If the complaint is not resolved at Level 1, the grievant may file a written grievance. The Level 2 written grievance involves any must be filed with the principal within ten (10) days of the rights granted event or incident, or from the date the grievant could reasonably become aware of such occurrence.
2.10.2. If the complaint alleges a violation of Board policy or procedure, the principal shall investigate and attempt to resolve the Unioncomplaint. If either party is not satisfied with the principal’s decision, the grievance may be filed advanced to Level 3 by requesting in writing that the Union directly to Step II.
4.2 The grievant(s) shall Superintendent review the principal’s decision. This request must be allowed to appoint a Union representative, at no cost submitted to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, Superintendent within ten (10) working days of the alleged violation principal’s decision.
2.11. Level 3:
2.11.1. Upon receipt of the request for review, the Superintendent shall 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 shall have fifteen (15) days in which to provide a written decision, together with the reasons for such decision, to the grievant.
2.12. Level 4:
2.12.1. If either party is not satisfied with the decision of the Superintendent, the Board is the next avenue for appeal. A written appeal must be submitted to the Board within fifteen (15) 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.
2.12.2. 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 writing to all parties within thirty (30) days of that meeting.
2.13. Level 5:
2.13.1. If the decision of the Board is unsatisfactory the grievant may make an appeal to the Association within fifteen (15) days. Within ten (10) working days following the time when Association shall arrange for a hearing with the employee responsibly should have gained knowledge grievant and a hearing committee appointed by the Executive Board of the Association of no less than three members. Within ten (10) days of conclusion of the hearing, the president of the Association shall provide a written decision to the grievant and the district as to whether or not the grievance shall be referred for arbitration.
2.13.2. Within ten (10) days of its occurrencedecision that the complaint should continue to arbitration, a representative of the Association shall meet with the Superintendent for the purpose of selecting a mutually acceptable arbitrator and to obtain a commitment from such arbitrator to serve. Any adjustment reached in If the informal discussion parties are unable to agree on an arbitrator or to obtain a commitment within the ten day period, a request for a list of five arbitrators shall be consistent with made to the terms of this AgreementFederal Mediation and Conciliation Service. If, after informal discussion with Each party shall strike two names. The remaining name on the facility manager, a list shall serve as arbitrator.
2.14. During arbitration neither party shall be permitted to submit any issues which were not submitted previously during the grievance exists, process.
2.15. The arbitrator will set the grievant(s) must initiate proceedings for the following formal grievance procedure within five (5) working days from arbitration process. He or she will submit findings in writing to the date grievant and the Board. He or she shall have no power or authority to enforce his or her suggestions. The Board will consider all suggestions made by the arbiter but will be under no obligation to accept or utilize any such suggestions.
2.16. The decision by the Board shall be final and binding.
2.17. The costs of the informal conference specified above. When requested services of the arbitrator, including per diem expenses, if any, and his/her travel and subsistence expenses, if any, and the cost of the hearing room, will be borne equally by the employee, a Union representative may be presentDistrict and the Association. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form All other expenses will be available from borne by the Union representative and will be available on party incurring the District websiteexpense. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five2.18.
Appears in 2 contracts
Sources: Professional Services, Professional Agreement
GRIEVANCE PROCEDURE. 4.1 Any
A. Definition: A grievance shall be defined as a claim by an employee, or a group of employees, that there has been misinterpretation or recognized employee organization of an alleged violation, misinterpretation, or misapplication of any provision employer-employee relations resolution, any memorandum of this understanding with an employee association, or any written agreement City ordinances, rules, regulations, policies or School Board Policy that affects educational support personnel's procedures relating to wages, hours, or other terms and conditions of employment which is inconsistent with employment, excluding disciplinary matters that are applicable an the terms employee.
B. Basic Rules:
1. Any employee, employee group or recognized employee organization may file a grievance without fear of this Agreement reprisal.
2. The grievant must specify the relief sought.
3. The grievant or School Board Policy his/her representative shall be granted reasonable use of City time and facilities in the processing of his/her grievance after it has been submitted.
4. Time limits may be extended by mutual consent, in writing.
5. Failure by a grievant to file any statements or appeals within the specified time limits, unless extended, constitutes an abandonment of the grievance.
6. The City designee responsible for the scheduling of meetings and conferences shall give timely, written notices of such meetings and conferences to all parties concerned.
7. Two or more employees with a common grievance may initiate a single proceeding, but one member shall be designated for processing the grievance.
8. At any stage of the grievance procedure from Department Head and above, employees may be represented by one agent of their recognized employee organization.
9. At any stage of the grievance, the employee may withdraw the grievance by giving written notice to the Department Head or the City Manager, provided that if the employee has chosen to be represented by an Agent said Agent shall also concur, which shall then become a permanent part of the Personnel Department’s records.
10. If the employee considers the answer to his/her grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetingssatisfactory, hearings, appeals, or other proceedings relative to any grievance which has been formally presented then the matter will be closed and no employee may be required to discuss any grievance if the Union representative is not presentresolution documented in the Personnel Department’s records. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In subsequently desires to reopen the event that an employee believes there is a basis for a grievance grievance, he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate it at the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition beginning of the grievance or procedure.
11. Filing of a grievance shall in no way interfere with the expiration right of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted City to proceed in carrying out its management responsibilities subject to the facility manager. In the event the remedy sought is not within the jurisdiction final determination of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five▇▇▇▇▇▇▇▇ (s) shall continue to perform all duties and assignments pending final determination, unless unsafe conditions exist.
Appears in 2 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding
GRIEVANCE PROCEDURE. 4.1 Any claim
A. The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to issues that may arise. All grievances shall be processed as provided herein.
B. A grievance shall mean an allegation by an employee, or a group of employeesemployees with the same grievance, or the Federation, that there has been misinterpretation or misapplication a violation of any provision of the provisions of this written agreement or School Board Policy Agreement. If any district policy provides for redress, such redress shall be processed according to this grievance procedure.
C. The District and the Federation agree that affects educational support personnel's wagesthese proceedings and all information relating to a grievance will be kept informal and confidential.
D. Since it is important that grievances be processed as rapidly as possible, hours, or terms and conditions the number of employment which is inconsistent with the terms of this Agreement or School Board Policy days indicated at each level shall be a maximum, and every effort shall be made to proceed as quickly as possible.
1. The aggrieved party, or the Federation, must file a written grievance within ten (10) school days of the act or discovery of the act that caused the grievance.
2. If the grievance involves any aggrieved party is not satisfied with the disposition of the rights granted to the Uniongrievance, the grievance aggrieved party may be filed by appeal the Union directly decision to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, Level Two within ten (10) working days of receipt of the alleged violation decision by filing said appeal with the Office of Labor Relations.
3. The time limits specified will be extended or shortened if mutually agreed to in writing by the parties to the grievance.
4. Monday through Friday will constitute school days in counting minimum and maximum days when a grievance is not resolved before the end of the school year.
5. A grievance shall be filed at Level 1 if the remedy sought is within the authority of the immediate supervisor. If it is a remedy in which the supervisor has no authority, it shall be filed at Level 2.
6. Failure to submit the grievance within the time limits specified shall result in a waiver of the grievance.
7. If a grievance affects a group of employees at two (2) or more work locations, the Federation shall identify the employees and work locations and submit such information, in writing, to the Office of Labor Relations.
E. All grievances and appeals of such must be filed on forms provided by the District. A copy of the grievance shall be provided to the principal and/or the principal’s supervisor and management/supervisory personnel.
F. Level One
1. The aggrieved party shall submit the grievance in writing to the employee's immediate supervisor. Within five (5) workdays following receipt of the grievance, a meeting shall take place between the employee's immediate supervisor and the employee to discuss the grievance. A Federation Representative may attend provided a prior arrangement has been made through the Office of Labor Relations. Within ten (10) workdays following such meeting, the immediate supervisor shall give the aggrieved party a written response to the grievance.
2. If the aggrieved party is not satisfied with the disposition of the grievance, the aggrieved party may appeal the decision to Level 2 within ten (10) working days following workdays of receipt of the time when decision by filing a said appeal with the employee responsibly should have gained knowledge Office of its occurrenceLabor Relations.
3. Any adjustment reached Failure to appeal the grievance within ten (10) workdays after receipt of the response shall result in the informal discussion dismissal of the grievance.
G. Level Two
1. The Superintendent, or designee, shall meet with the aggrieved party, and/or a Representative of the Federation, within fifteen (15) workdays after receipt of the appeal of the Level 1 decision to resolve the said grievance. Parties to the grievance or their representatives shall have the right to submit evidence, give testimony, and call witnesses. The Superintendent shall determine the procedures for conducting the meeting. Both parties shall submit a list of witnesses to the person conducting the meeting at least forty- eight (48) hours in advance of the meeting.
2. The Superintendent or designee shall, within ten (10) workdays after such meeting provided above, render the decision in writing to all parties concerned.
3. If the Federation and the aggrieved party are not satisfied with the disposition of the grievance, the aggrieved party may appeal the grievance to Level 3. Failure to appeal the grievance within ten (10) workdays after receipt of the response at Level Two shall result in the dismissal of the grievance.
H. Level Three
1. A grievance appealed to this level shall be heard by an Arbitrator who shall be selected as follows:
a. The parties may agree upon an Arbitrator.
b. Alternatively, the parties shall jointly request from the Federal Mediation and Conciliation Service a list of names from which the Arbitrator shall be selected.
c. The parties will strive to mutually agree upon the Arbitrator.
d. If the parties fail to mutually agree upon the Arbitrator, each party will strike one name followed by the other party striking one name until a single name remains and that person shall become the Arbitrator. The party required to strike the first name will be determined by a flip of a coin.
2. The Arbitrator shall schedule the hearing as soon as possible following acceptance of the appointment. The parties agree to make available all pertinent, non-privileged information in their possession or control that is relevant to the issues raised by the grievance.
3. The Arbitrator may establish the rules of procedure and, at the Arbitrator's discretion, may require the parties or witnesses to testify under oath or, upon demand of either party, shall require the parties or witnesses to testify under oath.
4. The Arbitrator's report shall be prepared and submitted in writing only to the District and the aggrieved party, within thirty (30) calendar days after the first meeting, and shall set forth the findings of the fact, rationale, conclusions, and the determination(s) on the issues submitted. The determination(s) shall be consistent with law and with the terms of this Agreement.
5. IfThe Arbitrator shall have no power to alter, after informal discussion amend, add to, or subtract from the terms of this Agreement.
6. The determination of the Arbitrator on matters set forth in this Agreement shall be final and binding.
7. The determination of the Arbitrator shall be acted upon within thirty (30) calendar days.
8. The cost of services for the Arbitrator shall be shared equally by the District and the aggrieved party.
9. Unless the Federation represents the aggrieved party, the District may require that the aggrieved party post the party's share of the expenses in advance of the hearing.
I. Neither the District nor members of the Administration shall take reprisals against the aggrieved party or any party or Federation Representative or any participant in the grievance procedure.
J. All written and printed matters dealing with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition processing of the grievance or will be filed separately from the expiration Central Office personnel files of the disposition timelinesparticipant.
Step I A formal written grievance must be filed on the specified grievance form and submitted K. The District agrees to make available to the facility manageraggrieved party and the party's representatives all non- privileged, pertinent information in its possession or control, which is relevant to the issues raised by the grievance.
L. Leave with pay will be granted to a grievant whose absence from duty is required by the parties to the grievance as part of a grievance meeting. In The Office of Labor Relations shall notify the event the remedy sought is not within the jurisdiction immediate supervisor(s) of the facility manageremployee(s) designated to appear at such meeting.
M. Nothing contained herein shall limit the right of any employee to process a grievance as an individual.
N. To the extent provided by law, the grievant may file parties agree that this procedure shall be the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days exclusive remedy for all allegations of the receipt violations of the formal grievance. The facility manager will then have fivethis contract.
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, A grievance is any dispute which involves the interpretation or a group of employees, that there has been misinterpretation or misapplication application of any provision of this written agreement Memorandum of Understanding (excluding, however, those provisions of this Memorandum of Understanding which specifically provide that the decision of any County/District official shall be final, the interpretation or School Board Policy that affects educational support personnelapplication of those provisions not being subject to the grievance procedure) or disciplinary actions. The Union may represent the employee at any stage of the process. Grievances must be filed within fifteen (15) days of the incident or occurrence about which the employee claims to have a grievance and shall be processed in the following manner.
A. Step 1. Any employee or group of employees who believes a provision of this Memorandum of Understanding has been misinterpreted or misapplied to the employee's wages, hoursdetriment shall discuss the complaint on an informal basis with the employee's appropriate chief officer who shall meet with the employee and respond to the grievance within five (5) duty shifts, or terms ten (10) workdays in the case a grievance filed by employees assigned to a forty (40) hour workweek, of a request to hold such a meeting. Grievances challenging suspensions, reductions in pay, demotions and conditions terminations may be filed at Step 3 within the timeframe set forth in Section 20.5.
B. Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the employee may submit the grievance in writing within five (5) calendar days to such management official, other than the chief officer who participated in Step 1 above, as the Fire Chief may designate. This formal written grievance shall state which provision of employment which is inconsistent the Memorandum of Understanding has been misinterpreted or misapplied, how the misinterpretation or misapplication has affected the employee to the employee's detriment, and the redress the employee seeks. A copy of each written communication on a grievance shall be filed with the terms Employee Relations Officer or his/her designee. The designated management official shall have ten (10) workdays in which to respond to the grievance in writing.
C. Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the employee may appeal in writing within five (5) workdays to the Employee Relations Officer or his/her designee. The Employee Relations Officer or his/her designee shall have fifteen (15) workdays in which to investigate the merit of the complaint and to meet with the Fire Chief or designee and the employee to attempt to settle the grievance and to respond in writing to the employee and the employee's Union representative.
D. Step 4. If a grievance is not satisfactorily resolved at Step 3, above, the union may file a written request to submit the grievance to the Adjustment Board with the Employee Relations Officer or designee. The request to submit the grievance to the Adjustment Board must be filed by the union within five (5) calendar days of the written Step 3 response from the Employee Relations Officer or designee. No grievance will be processed at this Agreement Step 4 which has not first been filed and investigated in accordance with Step 3, above. The Adjustment Board will be comprised of three (3) union representatives and three (3) District representatives. Only one union representative will be an employee of the District or School Board Policy shall a member of the union presenting the grievance. Only one District representative will be a grievanceDistrict employee who is covered by this MOU or a County employee or a member of the staff of an organization employed to represent the District in the meet and confer process. The Adjustment Board will hear the grievance within 60 days from receipt of the written request to submit the grievance to an Adjustment Board. The Adjustment Board will render a decision at the conclusion of the hearing. If the grievance involves any of Adjustment Board issues a majority decision, the rights granted to decision is final and binding on the Unionparties. If the Adjustment Board is deadlocked, the grievance may be filed by the Union directly appealed to Step II5 as described below.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 2 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding
GRIEVANCE PROCEDURE. 4.1 Any claim by 47:01 The parties to this Agreement recognize the desirability for prompt resolution of grievances through an employeeorderly process without stoppage of work or refusal to perform work.
47:02 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation, or a group alleged violation of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms an article of this Agreement or School Board Policy a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties;
(b) The dismissal, suspension, demotion, or written reprimand of an employee;
(c) A dispute concerning the classification of an employee.
47:03 Notwithstanding Section :02, an employee may complain or grieve on any unsatisfactory working condition up to and including Step 2 of the Grievance Procedure. The decision at Step 2 shall be final for such grievances.
(a) Where a grievance. If grievance has been initiated and the nature of the grievance involves any is such that it has or potentially could have widespread application affecting a number of employees: and where as a result the rights granted Union deems it impractical that each affected employee grieve separately, the Union shall have the right to present a group grievance on those matters as defined in Section :02 (a). A group grievance shall be presented directly to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager college president within twenty (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (1020) working days following the time when date upon which the employee responsibly should have gained knowledge employee(s) were notified orally or in writing, or on which the employee(s) first became aware of its occurrencethe action giving rise to the grievance.
(b) Where either party to this Agreement disputes the general application, interpretation or alleged violation of an article of this Agreement or a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties, either party may initiate a policy grievance. Any adjustment reached in Where such a grievance is initiated by the informal discussion Union it shall be consistent with presented to the terms of this Agreementcollege president. If, after informal discussion with the facility manager, Where such a grievance exists, is initiated by the grievant(s) must initiate Employer it shall be presented to the following formal President of the Manitoba Government and General Employees’ Union. In all cases the grievance procedure shall be presented within five twenty (520) working days from the date of the informal conference specified aboveaction giving rise to the grievance.
(c) Where the parties fail to resolve a grievance under Section :04 (a) or :04 (b), either party may refer the grievance to arbitration. It is agreed and understood that grievances which have been submitted and dealt with as individual grievances may not subsequently be submitted as a policy grievance.
(d) Notwithstanding Section :06 a grievance filed under Section :04 (b) shall not require the signature of an employee.
47:05 If an employee or the Union fails to initiate or process a grievance within the prescribed time limits, the grievance will be deemed to be abandoned and all rights of recourse to the grievance procedure for that particular grievance shall be at an end. If the Employer fails to reply to a grievance within the prescribed time limits, the employee or the Union may process the grievance to the next step. Either party may request an extension of the time limits providing such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
47:06 Wherever possible, the grievance shall be presented on the union grievance form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an article of the Agreement, such article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing its substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the union grievance form or for failure to quote the article in dispute.
47:07 It is mutually agreed that an effort shall be made to resolve complaints through discussion before a written grievance is initiated. The aggrieved employee shall have the right to have a representative present at such a discussion. When requested a grievance cannot be presented in person at any step, it may be transmitted by registered mail.
47:08 An employee has the employee, right to representation by a Union representative at any step of the Grievance Procedure.
(a) Within twenty (20) working days after the date upon which the employee was notified orally or in writing, or on which the employee first became aware of the action or circumstances giving rise to the grievance, the employee shall present the grievance with the redress requested to the employee’s supervisor.
(b) The supervisor shall sign for receipt of the grievance and if the nature of the grievance is such that the supervisor is authorized to deal with it, the supervisor shall issue a decision in writing to the employee and to the Union within fifteen (15) working days.
(c) The supervisor may discuss the grievance with the employee and the employee’s representative before giving a decision on the grievance.
(d) If the nature of the grievance is such that a decision cannot be presentgiven below a particular level of authority, the supervisor shall forward the grievance to the college president or designate at Step 2 of The Grievance Procedure and so inform the employee and the Union. The aggrieved time limits and the procedures of the appropriate step shall then apply.
(e) Where the immediate supervisor at Step 1 is a union officer or officer of the Union, the grievance shall automatically be referred by the immediate supervisor to Step 2.
(a) If the grievance is not resolved satisfactorily at Step 1, the employee shall submit the same grievance and the redress requested to the college president or designate within fifteen (15) working days of the receipt of the decision at Step 1.
(b) The college president or designate shall sign for receipt of the grievance and issue a decision in writing to the employee and to the Union within fifteen (15) working days of receipt of the grievance.
(c) For those grievances defined in accordance with Section :02, the college president or designate may hold a hearing to discuss the grievance with the employee and the employee’s representative before giving a decision on the grievance. For those grievances concerning unsatisfactory working conditions as defined in Section :03, the college president or designate shall hold a hearing to discuss the grievance with the employee and the employee’s representative before giving a decision on the grievance.
47:09 Grievances concerning demotion, suspension or dismissal shall be initiated at Step 2 of the grievance procedure within twenty (20) working days of the date that the employee became aware of the action.
47:10 An employee or the Union may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal grievance/arbitration procedure by giving written grievance must be filed on the specified grievance form and submitted notice to the facility managerEmployer. In the event the remedy sought is An employee may abandon a grievance by not processing it within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveprescribed time limits.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim Should an employee or the Federation believe that rights under this Agreement have been violated, the matter shall be reported by an employeethe employee to their supervisor, or a group of employeesat the employee’s option, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wagesother department manager including the department head, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any within eleven (11) working days of the rights granted date the employee knew or reasonably should have known of the occurrence giving rise to the Uniongrievance, but in no event longer than ninety (90) calendar days from the grievance may be filed by the Union directly to Step IIdate of occurrence.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to Step 1: If not resolved informally on this basis between the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented employee and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representationsupervisor, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In or the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's ComplexFederation, a department constitutes a facility.), at which a representative may be presentshall, within ten (10) working days of the date of such grievance, submit the matter, in writing, to the employee’s immediate supervisor and to the Personnel Division. The written grievance shall include:
a. The name and position of the employee.
b. The date of the circumstances giving rise to the grievance.
c. A clear and concise statement of the grievance including the relevant facts necessary to a full and objective understanding of the employee’s position.
d. An explanation as to how the Association and/or the employee believe that the Agreement has been violated, including the specific provision or provisions of this Agreement alleged violation to have been violated.
e. The remedy or relief sought by the employee.
f. Within ten (10) working days after receipt of such report, the immediate supervisor shall attempt to resolve the matter and submit answer, in writing, to the employee and Federation.
Step 2: If the grievance has not been settled, it may be presented in writing by the Federation to the department head within ten (10) working days following after the time when supervisor’s response is due. The department head or their designee shall respond to the employee responsibly should have gained knowledge Federation in writing within ten (10) working days.
Step 3: If the grievance has not been settled, it may be presented in writing by the Federation to the office of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure County Administrator within five ten (510) working days from after
Step 4: If the date of grievance still remains unresolved, the informal conference specified above. When requested by Federation may submit the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step matter in the adopted procedure. Appeals writing to Step I and Step II binding arbitration but must be filed do so within five ten (510) working days following after the disposition of the grievance or the expiration of the disposition timelinesCounty Administrator’s response is due.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any A grievance shall be any claim by an employee, or a group of employees, employees that there a specified provision of the Agreement has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which violated. Time limits are days when the District Office is inconsistent with the terms of this Agreement or School Board Policy shall be a grievanceofficially open for business. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event parties acknowledge that an employee believes there may resolve problems through free and informal communications provided the adjustment is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal A grievance shall be processed as follows:
Step 1- The grievant shall attempt to resolve the grievance by oral discussion with his or her immediate supervisor or principal if applicable. Grievances must be filed within fifteen (15) days of the facility manager, act or events that are alleged to violate the contract. Failure to file the grievance within the time limits shall bar the processing of the grievance.
Step 2- If a grievance existssettlement cannot be reached within ten (10) days after the discussion in Step 1, the grievant(sgrievant may present the grievance in writing to the Superintendent, who will arrange for a meeting to take place within ten (10) must initiate the following formal grievance procedure within five (5) working days from the date after receipt of the informal conference grievance. The grievance must identify the section(s) of the contract that are alleged to have been violated and the events/actions that are alleged to have violated the specified abovesections. When requested by Within ten (10) days of the employeemeeting, the Superintendent shall provide the grievant and Association with a Union representative written decision including reasons for the decisions.
Step 3- If the grievance is not resolved at Step 2, then the grievant may refer the grievance to the Board of Education for a hearing at its next regularly scheduled meeting. Within ten (10) days of the meeting, the Board shall provide the grievant and Association with a written decision including reasons for the decision.
Step 4- If the grievance is not resolved at Step 3, the Association may submit the grievance to final and binding arbitration under the American Arbitration Association rules and procedures. The parties shall share arbitrator fees and expenses equally. Time limits may be presentextended by mutual agreement. The aggrieved An employee may withdraw a grievance be represented by an Association representative at any step in the adopted procedure, including informal communication. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the A grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fivewithdrawn at any step.
Appears in 2 contracts
Sources: Basic Agreement, Basic Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or This Agreement sets forth the basic terms and conditions of employment which employment, and is inconsistent with intended to continue the terms present and good relations between the University, its employees, and their Union. In the event of any grievance arising from and during the life of this Agreement or School Board Policy between the employees and the University, the representatives of both agree to make prompt and ▇▇▇▇▇▇▇ efforts to settle such matter. Except as provided hereafter all grievances shall be a handled as follows:
Step 1: The Union ▇▇▇▇▇▇▇ and employee shall take up the matter with the immediate supervisor of the employee involved, within five (5) working days after the occurrence first giving rise to the grievance. If the matter is not settled as a result of their discussion, the ▇▇▇▇▇▇▇ will submit the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, immediate supervisor in writing within ten (10) working days after the occurrence first giving rise to the grievance, explaining as specifically as possible the nature of the alleged violation or complaint and the contract provision affected. The immediate supervisor shall give a written answer to the written grievance within ten two (102) working days following after receipt of the time when written grievance.
Step 2: If the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in grievance is not adjusted, the informal discussion grievance shall be consistent with taken up at a meeting between a representative of the terms of this AgreementUnion and the department head concerned, or his designated representative, provided the request for a meeting is made in writing five (5) working days after the Step 1 answer. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure The meeting will be held within five (5) working days from the date of the informal conference specified above. When after having been requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed answered within five (5) working days following after the disposition of the grievance or the expiration of the disposition timelinesStep 2 meeting.
Step I A formal written grievance must be filed on 3: If the specified grievance form and submitted to the facility manager. In the event the remedy sought matter is not within settled at the jurisdiction second step, it shall be taken up by the principal officers of the facility managerUniversity and the Union, or their designated representatives provided the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing appeal request is made in writing within five (5) work working days after the Step 2 answer. Every effort shall be made to arrange the meeting within five (5) working days, but in any event the meeting will be held and the University’s written decision shall be given within fifteen (15) working days after the third step meeting has been requested.
Step 4: If settlement is not reached in Step 3, and if the matter in dispute involves the interpretation or application of this Agreement, then either party may, by written notice to the receipt other, submit the grievance to an arbitrator appointed under the rules of The Federal Mediation and Conciliation Service, or American Arbitration Association, as determined by the formal grievance. The facility manager will then have fivefiling party, provided that such notice is given within fifteen
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 1. The purpose of this procedure is to secure at the lowest possible level, mutually satisfactory resolutions to grievances, which may arise during the term of this Agreement and are subject to resolution under this Agreement.
2. A grievance is defined as a charge by either party to this Agreement that the other has violated/misapplied one or more provisions of this Agreement.
3. As used in this Article, "day" shall mean work days of the Human Resources Offices and shall not include holidays or times when the University's Human Resources Offices are closed.
4. A grievance must contain a statement of the specific step number of the grievance, the name of the employee(s), the circumstances upon which it is based, the Article violated, the date of the alleged violation, the management person alleged to have committed the violation, and the specific remedy being sought. General requests for relief such as "to be made whole" are not acceptable. The initial grievance must be signed and dated by the employee(s); subsequent grievances may be signed by the Union Representative on behalf of the employee. Grievances filed on behalf of a group of employees or a grievance regarding a violation of the Agreement as a whole may be signed by the Union Representative. Failure to submit a grievance with all of the required information contained in this subsection will cause the grievance to be returned to the employee(s) or Union representative. A grievance submitted without the proper information which is returned to the employee(s) or Union representative will not stay the running of the time line for filing a grievance, unless an extension is mutually agreed to by the parties, in writing, as provided in this Article. Grievances must be either hand-delivered, emailed, or mailed at Step One, Two, or Three. Grievances that are emailed must be sent during normal business hours of the University Human Resources Office to be properly filed. Grievances that are served by mail will be considered filed on the date of the postmark.
5. The term grievance and the procedure relevant thereto shall not be deemed applicable in the following instances:
5.1 in matters where a method or review is mandated by law, or
5.2 in matters where the University is without authority to act.
6. Grievances submitted on behalf of the University shall be initiated by the V.P. of Human Resources at Step Three of the Grievance Procedure. Non-disciplinary grievances submitted by the Union Representative on behalf of the bargaining unit which affect the entire bargaining unit may be submitted at Step Three of the Grievance Procedure.
7. Failure to submit a grievance, in writing, at Step One within fifteen (15) working days following the discovery of the act, or the condition which gave rise to the grievance, will constitute forfeiture of the right to file. Furthermore, any grievance determination not appealed to the succeeding level within the time limits expressed herein shall be considered as closed. When it is mutually agreed to, in writing, by the parties, the time limits expressed herein may be extended. Either the Union, the Local Union, or employee(s) who have entered grievances on their own behalf, may withdraw the grievance at any Step.
8. The parties agree to make available upon the written request of the party seeking the information all pertinent information, not privileged, in their possession and control which is relevant to the issue raised by the grievance, three (3) working days prior to the grievance meeting at Step One of the procedure provided that the written request is delivered at the same time as the grievance and that the date the parties agree to meet at Step One provides for at least six (6) working days’ notice. This section does not limit either party’s right to utilize further information in subsequent steps of the grievance procedure or in the arbitration process.
9. Employees required as witnesses to give testimony in a grievance meeting conducted during working hours of such employee, shall be granted time off with pay for that purpose provided that prior arrangements have been made through the University's Employee Relations Office, so that the time off can be scheduled without adversely affecting the operations of the department involved.
10. Should the University fail to respond to a grievance within the time limits expressed herein, the Local Union or the Union may appeal to the next level of the grievance procedure within the time limits established. Responses will be considered timely if hand delivered, postmarked, or emailed on or before the date the response is due.
11. Nothing herein contained shall be considered as limiting the rights of an employee to discuss or process his/her grievance as an individual. In such cases, the Employee Relations Representative shall be notified of any settlements reached. In addition, the Employee Relations Representative will notify the Union of any settlement reached. An employee may not retain outside legal representation under this grievance procedure without the advance approval of the Union.
12. Once a grievance has been referred to the University by a Local Union Representative, the University shall not discuss the grievance with any employee on whose behalf the grievance was presented without first notifying the Local Union and allowing the Local Union Representative to be present at any discussion or contacts made by the University regarding the grievance and the involved employee.
13. The Employee Relations Representative shall be provided a copy of all grievances submitted to Step One and subsequent steps of the grievance procedure. The Employee Relations Representative or designee may be called by either party at any step of the Grievance Procedure to provide advice and support to the parties. The role of the Employee Relations Representative or designee is not a decision maker for any party to the grievance at any step of the procedure.
14. Except in cases where immediate disciplinary action is deemed appropriate by the University, the involved employee shall, upon request, have the right to have a Spanish speaking Representative designated by the Union present when such disciplinary actions are to be announced or during investigatory interviews which the employee reasonably believes may result in disciplinary action against him/her. Notices of contemplated or imposed disciplinary action shall be in writing, in plain language, and shall contain the basis for the Employer’s actions, including the policies, rules, or regulations alleged to have been violated, as applicable. If a Spanish speaking employee cannot converse in English, the employee will be advised by the supervisor that he/she may request the meeting be stopped in order to obtain a Representative who speaks in Spanish. In this case a meeting shall not be delayed more than 4 working days. Every effort will be made to have a supervisor or manager level above who speaks Spanish present in the meeting.
15. The management representative will provide a summary of the evidence in order to allow the employee an opportunity to respond to each of the allegations listed in the disciplinary action. The employee’s response in cases of suspension and discharge will be taken into account before making a final determination. In cases of written warning, the employee may submit a letter of response which will be attached to the letter of discipline for inclusion in the Personnel file.
16. In addition, management will provide names of witnesses. Neither party is limited by initial disclosures at subsequent steps of the grievance arbitration procedure when that information becomes newly known by the initiating party.
17. Grievances shall be presented as outlined below: Informal Step Any claim employee who believes that he/she may have a grievance, (if acting on their own behalf), or the Local Union representative, (acting on behalf of an employee) may inform the employee's immediate supervisor that a potential grievance exists. The employee or the Local Union Representative (if acting on behalf of the employee) may, within eight (8) working days of the occurrence or when the individual knew or should have known there was an issue, request that an informal meeting be held. The meeting shall be held within eight (8) working days of notice of the potential grievance. During the meeting, the parties will attempt to resolve the grievance. Step One A formal grievance will first be filed in writing by the Local Union Representative or the individual employee, if filing on his/her own behalf. The grievance will be filed with the employee's manager (or next higher level supervisor, below the ▇▇▇▇ or Director level, if one exists) within fifteen (15) working days following the discovery or when the employee knew or should have known of the act or condition which gave rise to the grievance. A copy will be sent to the Employee Relations Representative. At the time of service, the employee or local union representative shall provide the manager or next higher level supervisor identified above with at least three (3) possible times when the meeting could be held with the manager, or next higher level supervisor, as identified above. The supervisor or manager must acknowledge and select a date with the Union Representative within two (2) working days or provide the Union with alternative dates. The Union must copy the Labor/Employee Relations Office. This meeting must be held within eight (8) working days following receipt of the grievance, and the manager, or next higher level supervisor shall meet with the Local Union Representative acting on behalf of an employee, or the employee if acting on his/her own behalf, to discuss the grievance, and attempt to reach a group of employeesresolution. Within eight (8) working days following the meeting, that there has been misinterpretation the manager or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hoursnext higher level supervisor shall give the Local Union Representative, or terms the employee if acting on his/her own behalf, a written response to the grievance that includes the name and conditions email of employment which the step two recipient. If, in the opinion of the Local Union or employeeacting on his/her own behalf, a satisfactory settlement is inconsistent not obtained, the Local Union Representative or the employee may proceed to Step Two. Step Two Within eight (8) working days following receipt of Step One Response, the Local Union Representative or employee, filing on his/her behalf may appeal the grievance, in writing with the terms of this Agreement ▇▇▇▇ or School Board Policy shall be Director, with a grievance. If the grievance involves any of the rights granted copy to the Union, Employee Relations Representative. At the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representationtime of service, the employee or Local Union Representative shall provide the ▇▇▇▇ or Director with at least three (3) possible dates and times when the meeting could be responsible for requesting such representationheld. Additional representation will be by mutual agreement.
4.3 In The ▇▇▇▇ or Director must acknowledge and select a date with the event that an Union Representative within two (2) working days or provide the Union with alternative dates. The Union must copy the Labor/Employee Relations Office. Within eight (8) working days following receipt of the grievance, the ▇▇▇▇ or Director shall meet with the Local Union Representative or the employee, if acting on his/her own behalf, and attempt to resolve the grievance. Within eight (8) working days following the meeting, the ▇▇▇▇ or Director shall give the Local Union Representative, or the employee believes there if acting on their own behalf, a written response to the grievance. If, in the opinion of the Local Union Representative or employee, a satisfactory settlement is not obtained, the Union Representative or employee may proceed to Step Three. Step Three Within eight (8) working days following receipt of the Step Two response, the Union Representative or employee may appeal the grievance, in writing, to the V.P. of Human Resources with a basis for copy to the Employee Relations Representative. Once a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complexis appealed to Step Three, a department constitutes a facility.), at which a representative may be present, meeting would take place within ten (10) working days of the alleged violation appeal, between the V.P. or designee and the Union Representative to review and discuss the grievance in an attempt at resolution. The Employer would submit its disposition within ten eight (108) working days of the meeting between the parties. If, in the opinion of the Union Representative, a satisfactory settlement is not obtained, the Union representative may, within twenty (20) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employeeresponse, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of appeal the grievance or the expiration of the disposition timelinesfor binding arbitration in accordance with Article 22.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee1. The Employer and the Union encourage open, two-way communication and informal resolution of issues and problems between Employees and Managers. Each Party shall make every attempt to understand and resolve differences informally before resorting to the Formal Grievance Procedure. Issues may be resolved utilizing the Issue Resolution Process or a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms Grievance Procedure.
2. Some legitimate differences regarding interpretation and/or the application of this Agreement or School Board Policy may, in fact, require a formal grievance process. The purpose of this Article is to promote a prompt and efficient process for the investigation and resolution of grievances. The Employer and the Union agree that all disputes will be settled as hereinafter provided. The Parties also agree that there shall be a grievance. If no lockouts on the grievance involves any part of the rights granted to Employer nor suspension of work on the Union, part of the Employees for the duration of the Agreement.
3. Any problems arising in connection with the application or interpretation of this Agreement may be submitted as a grievance by any Employee or group of Employees in accordance with the procedures provided in this Article. Class action grievances may be filed at step two.
4. The Employer and the Union agree that each shall have the right to file a grievance on their own behalf regarding problems that may arise regarding interpretation or application of the Agreement. All grievances shall be submitted in writing and explicitly cite the Article allegedly violated and the requested remedy. All grievances and related requests for review shall be signed by the Grievant or Union directly to Step IIrepresentative.
4.2 The grievant(s) 5. Grievances, requests for review and decisions shall be allowed delivered in person, by facsimile or by U.S. mail to appoint a the appropriate management representative, Grievant and Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event of a question as to the remedy sought timeliness of any mailed grievance step or response, the postmark will indicate the end of one step or response and the date of receipt will mark the beginning of the next step or response. If the response is not by electronic mail or facsimile, the date the response was sent will mark the beginning of the next step or process.
6. Grievances may be, by mutual written consent of the Parties, referred back for further consideration or discussion to a prior step or advanced to a higher step of the grievance procedure.
7. The time limits contained in this procedure may be extended by mutual, written agreement of the Employer and the Union. If the Grievant or Union representative fails to file an appeal within the jurisdiction of the facility managertime limit provided, the grievant may file grievance will be deemed to have been resolved by the Step I grievance decision at the lowest level at which prior step. If the relief may be granted. Such form will be available from Employer fails to maintain the time limits provided, the Union representative and will be available on may advance the District websitegrievance to the next step.
8. The facility manager will schedule Grievant and conduct a Step I hearing within five (5) the Union ▇▇▇▇▇▇▇ participating in the grievance and arbitration meetings shall not lose pay associated with regular scheduled work days hours for time spent in meetings unless there are “class action” grievances involving more than one Grievant, in which case the Parties shall mutually agree on pay issues. Witnesses may be asked to appear at grievance meetings without loss of pay by mutual agreement. Meetings held in accordance with the receipt of steps provided in the formal grievance. The facility manager will then have fivefollowing procedure shall be scheduled at mutually agreed upon times.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim Section 1: The purpose of this procedure is to resolve grievances in an orderly manner. A determined effort shall be made to settle any grievances at the lowest possible level in the grievance procedure and during the grievance procedure there shall be no suspension of work or interference with the operations of the Library. Meetings or discussions involving grievances or the procedures set forth hereafter shall not occur on Employer time unless otherwise mutually agreed. References to “days” in this agreement mean calendar days.
Section 2: A Union representativeShop ▇▇▇▇▇▇▇ and either a Staff Representative or Local President may visit the work location of or speak by an employeetelephone to employees covered by this Agreement at a reasonable time for the purpose of investigating grievances, but without interfering with Library operations.
Section 3: A grievance is defined as only those disputes involving the interpretation, application or alleged violation of a group of employees, that there has been misinterpretation or misapplication of any specific provision of this written agreement or School Board Policy that affects educational support personnel's wagesAgreement. To be valid, hoursgrievances must be submitted to the other Party as soon as possible, but no later than 14 days from the incident leading to the grievance, or terms and conditions from the date the employee could have reasonably known of employment which is inconsistent the incident. Grievances shall be processed in accordance with the terms following procedures within the stated time limits.
STEP 1. An aggrieved employee and/or the Union shall present grievances in writing within fourteen (14) days of this Agreement or School Board Policy their alleged occurrence to their immediate supervisor, who shall be available to meet with the employee and Union ▇▇▇▇▇▇▇ in person, via conference call or other available means, who and who shall attempt to resolve the grievance within fourteen (14) days after receipt of the grievances. Employees may waive Union representation at Step 1 only, in which case the grievance shall end at Step 1. In seeking solutions, immediate supervisors shall coordinate with their Managers. Written notice shall include:
1) A statement/description of the grievance with relevant dates and facts
2) The specific provision(s) of the Agreement allegedly violated
3) Remedy sought
4) Signature and date of the employee grieving. In the case of a group grievance, the group shall be described and at least one named employee from the affected group shall be included. The employee representing the group and the Union ▇▇▇▇▇▇▇/Officer shall sign the grievance.
STEP 2. If not satisfied with the solution the Union shall within fourteen (14) days of receipt of the immediate supervisor's solution, submit the original grievance in writing to the Library Director, including reasons for dissatisfaction with the solution. Within fourteen (14) days from receipt of the written grievance, the Library Director or designee shall meet with the employee grieving, the immediate supervisor and manager(s) and a Union representative. The Library Director or designee shall attempt to resolve the grievance as set forth in writing, and shall issue a decision not more than fourteen (14) days after the meeting is adjourned.
STEP 3. If the grievance involves any remains unresolved, it may be submitted by the Union to the Employer's Board of Trustees within fourteen (14) days of receiving the Library Director’s or designee's response. The Board of Trustees shall convene a special meeting for the purpose of hearing the grievance within thirty (30) days of receipt of the rights granted grievance, and shall issue its decision to the Union not more than fourteen (14) days after the meeting is adjourned.
STEP 4. If the grievance has not been resolved to the Union’s satisfaction, the grievance may be filed referred to arbitration. After receipt of the written request for arbitration, the Employer and the Union shall select an impartial party to serve as an arbitrator. If the Union and the Employer are unable to agree on an arbitrator, the arbitrator shall be selected by a process of elimination from a list of five (5) arbitrators furnished by the Union directly to Step IIAmerican Arbitration Association or, if either party prefers, from a list furnished by PERC.
4.2 STEP 5. The grievant(s) grievance shall be allowed scheduled to appoint a Union representative, at no cost be heard in accordance with the arbitrator's schedule. The arbitrator's decision shall include specific findings of fact and shall identify the application and the arbitrator's interpretation of this Agreement as it applies to the Boardissue in dispute. The arbitrator shall confine himself/herself to the precise issues submitted to arbitration and shall have no authority to determine other issues not so submitted. The arbitrator shall have jurisdiction and authority only to rule on interpretation, application or compliance with this Agreement as it may apply to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not presentissue in dispute. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance heHe/she shall first discuss not add to or detract from or alter in any way the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms provisions of this Agreement. IfThe decision of the arbitrator shall be final, after informal discussion with conclusive and binding upon the facility manager, a grievance existsEmployer, the grievant(s) must initiate Union and the following formal employees involved. The expenses and fees in common to the services of the arbitrator shall be borne equally by the Employer and the Union. Each party shall bear the cost for preparing and presenting its own case including the costs of witnesses.
Section 4: Any and all time limits specified in the grievance procedure within five (5) working days from the date may be waived by written mutual agreement of the informal conference parties. Failure of the employees or the Union to submit the grievances in accordance with these time limits without such waiver shall constitute abandonment of those specific grievances. Failure of the Employer to submit a reply within the specified abovetime limits shall cause the grievance to be automatically moved to the next step. When requested by the employee, a Union representative A grievance may be present. The aggrieved may withdraw a grievance terminated at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition time upon receipt of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available a signed statement from the Union representative and will be available on stating that the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fivematter has been resolved.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by 20.1 A grievance is a dispute between the City and the CPPA or an employee, employee or a group of employeespatrolmen, that there has been misinterpretation as to the interpretation, application or misapplication violation, to include discipline, of any provision terms or provisions of this written agreement Agreement. A grievance may be initiated either by the CPPA on behalf of an employee or School group of employees within the bargaining unit or by the aggrieved employee and must be signed by either a Union representative or such aggrieved employee. Written grievances shall contain the date of the alleged violation; the nature of the occurrence giving rise to the grievance, the specific contract provision(s) allegedly violated, and may include the requested remedy. Grievances must be filed within ten (10) days from the occurrence or the CPPA Executive Board Policy that affects educational support personnel's wagesbecoming aware of the facts giving rise to the grievance.
20.2 The grievance procedure set forth herein is intended to be the sole basis and sole procedural remedy for dispute resolution of all matters concerning the interpretation, hoursapplication or violation of any terms or provisions of the Agreement, or terms of any disciplinary matters, between the City and conditions the CPPA. The CPPA specifically elects to utilize the grievance procedure set forth in this agreement, to include all disciplinary matters involving patrolman, in lieu of employment which is inconsistent statutory remedies involving appeal to the Civil Service Commission and to the state courts thereafter, for the statutory appeal of the Civil Service decision.
20.3 In the event the City fails to respond or responds untimely at any step of the grievance procedure, the CPPA may elect to automatically appeal the grievance to the next step. The parties may mutually agree to extend the time limits specified in the various steps of this procedure.
20.4 The following procedures shall be utilized for the handling of grievances:
Step 1. The grievant shall attempt to resolve any grievance with his or her shift or bureau commander on an informal basis before proceeding with the terms subsequent steps concerning grievance procedures. The shift or bureau commander shall have three (3) days following the oral presentation of this Agreement or School Board Policy shall be a grievancethe grievance to submit his written response to the grievant and the Chief of Police.
1. If the grievance involves any action on the part of management other than disciplinary actions, the Union on behalf of the rights granted to grievant may notify the Union, Safety Director or his designee of the existence of the grievance may and request the Safety Director or his designee to suspend the order or practice which is the subject of the grievance. The Safety Director shall have the discretion to suspend or not suspend the order or practice during the pendency of the grievance. His determination with regard to suspension of the practice during the pendency of the grievance shall not be filed by appealable, and the Union directly to Step II.
4.2 The grievant(s) grievant shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any perform the ordered activity pending the ruling of the Safety Director or his designee under this section.
2. In instances involving matters of discipline where the Director of Public Safety has conducted a disciplinary hearing and entered a suspension or other discipline, Step 1 of the grievance if the Union representative is not present. If an employee desires Union representation, the employee procedure shall be responsible for requesting such representationmodified as follows: The Union or the officer who is the subject of the disciplinary proceedings may, by written grievance to the Safety Director, initiate the grievance procedure to have the discipline reviewed at arbitration. Additional representation will The grievance must be by mutual agreementreceived no later
B. Step 2.
4.3 In 1. Any grievance that is outside the event that an employee believes there is ability of a basis shift or bureau commander to resolve may be submitted directly to the Chief of Police for a Step 2 determination as set forth above. Any policy grievance he/she shall first discuss that affects the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative entire bargaining unit may be presentsubmitted directly to the Safety Director for a Step 3 hearing as set forth below. Such expedited grievances shall still be eligible for submission to subsequent steps including arbitration as set forth below.
C. Step 3. The Union, within ten (10) working days on behalf of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached grievant, may appeal in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure writing within five (5) working days from the date after receipt of the informal conference specified abovewritten decision of the Police Chief in Step 2 to the Safety Director or his designated representative. When requested by The Safety Director or his designee shall hold a hearing with the employeePolice Chief and/or Deputy Chief, a Union representative, and grievant concerning the grievance within ten (10) days from receipt of the appeal. Copies of the decision shall be provided to the Police Chief, and/ or Deputy Chief, Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed grievant within five ten (510) working days following the disposition of the grievance or hearing. If the expiration Union chooses not to appeal the decision of the disposition timelinesPolice Chief to the Safety Director or his designee, the grievant may appeal directly to the Safety Director with or without private counsel.
D. Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager4. In the event that the remedy sought grievance is not within resolved through Step 3, the jurisdiction Union may request arbitration of the facility managergrievance within thirty (30) days from the decision of the Safety Director or his designee by making written request for arbitration delivered to the Safety Director or his representative. If the Union chooses not to appeal the decision of the Safety Director, the grievant may file take the matter directly to arbitration with or without private counsel.
E. Within ten (10) days after the Union, or the member’s designated private counsel, has appealed to arbitrate a dispute, the parties shall meet to select an arbitrator from the panel of arbitrators provided below. The selection of the arbitrator shall be done either by mutual agreement of the parties in writing, or if no agreement can be reached, by each party alternately striking one name from the list until only one name remains. The side to strike the first name shall be chosen by lot.
20.5 The arbitration shall be conducted pursuant to the voluntary labor arbitration rules of the American Arbitration Association.
20.6 The cost of any arbitration must be paid by the losing party, which must be designated, if possible, by the arbitrator in their award. If the arbitrator upholds, without modification, the decision of the hearing officer, the grievant must be designated the losing party. If the arbitrator sustains the grievance, entirely reversing the decision of the hearing officer, the City must be designated the losing party. Otherwise, the parties will each pay one-half of the costs of the arbitration.
20.7 Any member of the Union who is the grievant or who is called as a witness by either side shall receive compensatory time (hour for hour) while attending a Step I grievance at 3 grievance, disciplinary hearing or SERB hearing, subject, however, the lowest level at following provision:
A. That the City may request the arbitrator to determine whether the issuance of subpoenas to witnesses by the Union was frivolous or purposefully intended to inconvenience and harass the employer, in which case, the arbitrator so finds, the Union shall be responsible for the payment of the witness’s regular rate of pay.
B. In any arbitration in which the relief may Union is not a party, where the arbitrator determines the issuance of subpoenas was frivolous as provided in the paragraph (G)(1), the grievant shall be grantedresponsible for the payment of the witnesses’ regular rate of pay.
20.8 There is hereby created panel of arbitrators to hear grievances filed pursuant to this procedure. Such form will be available from panel shall contain the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fivefollowing arbitrators:
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by A. A grievance shall be an employeealleged violation, or a group misapplication, and/or misinterpretation of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the expressed terms of this Agreement Contract. 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 or School Board Policy failure to re-employ any probationary teacher provided a hearing shall be given upon request of the teacher.
2. Any matter covered by the Michigan Teacher Tenure Act, including those areas where the Tenure Act proscribes a grievanceprocedure or authorizes a remedy such as discharge and/or demotion.
3. Any matter which is processed in another administrative forum so that only one forum is utilized, either the grievance procedure or the other administrative forum, but not both.
4. Any matter involving the contents of evaluations or Individualized Development Plans. If the grievance involves Association believes that an IDP is unreasonable or unrealistic, the Superintendent will review the IDP at the Association’s request. However, any deficiencies pursuant to Article XIV remain grievable.
B. The chairman of the rights granted Grievance Committee, or designee, shall handle a grievance when requested by the grievant. The Board hereby designates the principal of each building to act as its representative at Level One as hereinafter described and the Superintendent, or his designated representative, to act at Level Two as hereinafter described.
C. The term "days" as used herein shall mean days in which school is in session.
D. Written grievance as required herein shall be submitted on the standard form attached to the Union, the grievance may Contract as Appendix X-A.
1. It shall be filed signed by the Union directly to Step IIgrievant or grievants.
4.2 The grievant(s) 2. It shall be allowed to appoint contain a Union representative, at no cost synopsis of the facts giving rise to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreementalleged violation.
4.3 In 3. It shall cite the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation section or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms subsection of this AgreementContract alleged to have been violated.
4. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from It shall contain the date of the informal conference specified abovealleged violation.
5. When requested by It shall specify the employee, a Union representative relief requested. Any grievance not substantially in accordance with the above requirements may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be grantedrejected as improper. Such form will be available from a rejection shall not extend the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fivelimitations hereinafter set forth.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be a grievance1. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 One: The grievant(s) shall discuss the complaint with the immediate supervisor within five (5) working days of his/her knowledge of the event or occurrence which is the basis for the complaint.
2. Step Two: If the grievance is not satisfactorily resolved at Step One, it shall be allowed reduced to appoint a Union representative, at no cost writing and submitted to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager grievant's immediate supervisor within five (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (105) working days of the formal discussion required in Step One. The written grievance shall generally contain the following information:
a. The name of the grievant(s).
b. The names of all other persons involved in the incident or incidents generating the grievance.
c. The number and title of any and all articles of this Agreement alleged to have been violated and by appropriate reference the sections and paragraphs of such articles alleged to have been violated.
d. A full statement of the facts giving rise to the grievance.
e. The contention of the grievant(s) and of the Association as to how the facts indicate violation or within ten of this Agreement.
f. The relief requested. Within five (105) working days following of receipt of the time when written grievance, the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached immediate supervisor shall submit an answer in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, writing to the grievant(s) must initiate and to the following formal Association Representative. Such answer shall either grant or deny the relief requested.
3. Step Three: If the grievance procedure is not resolved at Step Two, it may be submitted in writing to the Superintendent of Schools within five (5) working days of receipt of the immediate supervisor's written answer.
a. Within five (5) working days from the receipt of the grievance, the Superintendent, or his/her designated representative, shall arrange a meeting with the grievant(s) and an Association Representative at a mutually agreeable time and place on school premises. Such meeting shall be for the purpose of discussing the grievance and attempting to resolve it.
b. Within five (5) working days after the date of the informal conference specified meeting designated in the paragraph immediately above, the Superintendent or his/her designated representative shall give the Association Representative and the grievant(s) an answer in writing. When requested by the employeeIf further investigation is needed, a Union representative additional time may be presentallowed by mutual agreement between the Association Representative and the Superintendent or his/her designated representative.
4. The aggrieved Step Four: If the grievance is not resolved in Step Three, it may withdraw a grievance at any step in be appealed to the adopted procedure. Appeals to Step I and Step II must be filed Board of Education within five (5) working days following after receipt of the written answer in Step Three by the grievant(s). Such appeal shall be by letter delivered to the Superintendent as agent for the Board. The letter shall state the reasons for the appeal and shall be accompanied by a complete grievance record. Within fifteen (15) working days after receipt of the letter of appeal by the Board, a committee composed of Board members shall meet with the grievant(s) for the purpose of arriving at a mutually satisfactory disposition of the grievance. If no such mutually satisfactory disposition shall result from the meeting, a complete grievance or record together with the expiration recommendations of the disposition timelines.
Step I A formal written grievance must Board committee shall be filed on reviewed by the specified grievance form and submitted Board of Education at its next regular meeting or at any special meeting called prior to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveBoard's next regular meeting.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be a grievanceLevel 1. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee a teacher believes there is a basis for a grievance grievance, he/she shall first discuss the alleged grievance with his/her Building Principal or other appropriate administrator either personally or accompanied by a Union Representative.
Level 2. All grievances must be filed within fifteen (15) days of first occurrence. The Board shall have no financial liability for any previous fiscal year. Level 2 shall be deemed to have commenced when a written complaint is filed with the facility manager office of the Building Principal or the Superintendent if the grievance is outside the jurisdiction of the Building Principal. The number of days indicated in each level as set forth below is considered to be a maximum, and the failure of a teacher to proceed to the next step of the Grievance Procedure within the time limits as set forth shall be deemed to be an acceptance of the decision previously rendered and shall constitute a waiver of any future appeal concerning the particular grievance. The failure of an administrator, at any step, to communicate his/her decision to the teacher within the specified time limits shall permit the teacher to proceed to the next level. In Level 2, the grievance must be reduced to writing on a form as set forth in "Appendix E". A copy shall be delivered to the Principal. If the grievance involves more than one (1) school building, it may be filed with the Superintendent or a representative designated by him. Within five (5) days of receipt of the grievance, the Principal or Superintendent shall meet with the representatives of the Association in an effort to resolve the grievance. There shall be no more than three (3) representatives on either the administrative or association team. The Principal or Superintendent shall indicate the disposition of the grievance in writing within three (3) school days of such meeting and shall furnish a copy thereof to the Association. Specialists shall be at the table only by mutual agreement. In the event a grievance is not satisfactorily resolved at Level 2, the Association or the grievant may process the grievance to Level 3. Grievances involving more than one (1) building, or outside the jurisdiction of a Building Principal, may be transmitted directly to the Superintendent or his designee for initial processing at Level 3. Grievances submitted directly to the Superintendent for processing at Level 3 must be filed within fifteen (15) days of their first occurrence.
Level 3. Upon receipt of a grievance by the Superintendent's Complex, Level 3 will be said to have commenced. Within five (5) days of receipt of said grievance, the Superintendent shall meet with the Association to discuss and attempt resolution. There shall be no more than four (4) representatives on the administration or association side. The Superintendent will indicate his disposition of the grievance, in writing within three (3) days of such a department constitutes meeting and shall furnish a facility.)copy thereof to the Association. Specialists shall be at the table only by mutual agreement. If the Superintendent does not satisfy the Association with the disposition of the grievance, at which a representative or if no disposition has been made within the period above provided, the grievance may be presenttransmitted to Level 4. If the Association decides to proceed to Level 4, it must within ten (10) working days of the alleged violation last meeting at Level 3, deliver to the Superintendent a copy of the Association's request for arbitration to the American Arbitration Association (AAA).
Level 4. Level 4 shall consist of submitting the grievance to arbitration. Either party may bring in outside Specialists. Neither party shall be permitted to insert any issues that have not been brought forth by the end of Level 3, substantiating documents or within testimony of expert witnesses being exempted. The procedures set forth herein may be invoked only by the formal action of the President of the Association. The arbitrator may be a person mutually selected and agreeable, but if none is so selected and agreeable, he/she shall be selected by the parties from a list of seven (7) names furnished in accordance with the rules of the AAA either by mutual agreement or from which list each party shall be permitted to strike alternately three (3) names, with the requesting party striking first, and the remaining arbitrator shall thereupon be accepted. Upon receipt of the list of seven (7) names, the parties will meet no later than ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified said receipt and will select an arbitrator as described above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not of either party failing to meet and select an arbitrator within the jurisdiction prescribed time limits, or in the event of a refusal by either party to submit or to appear at the facility managerarbitration hearing, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative arbitrator shall have jurisdiction to proceed ex parté and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fivemake an award.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim A. Policy
1. Employees have the right to file grievances without jeopardizing their positions.
2. Employees may represent themselves or select a Union representative to represent them at any or all steps in the Grievance Procedure.
a. The employee has the right to the assistance of a Union representative inthe investigation, preparation and presentation of a grievance.
b. Employees may have no more than one City employee and one non-City employee as representatives for grievance hearings. In the last three steps of the Grievance Procedure, an additional non-City employee may, atthe discretion of the employee, represent the employee.
c. Notwithstanding any other provision of this MOU, an employee may not select as a representative, a supervisor in the employee’s chain of command or a higher ranking supervisor. This does not preclude Stewards or officers of the Union from representing an employee in a grievance.
3. Grievances may be initiated by an the employee, or by the Union on the employee’s behalf. If an employee chooses to have representation on a group grievance concerning a matter that directly involves the interpretation or application of employees, that there has been misinterpretation or misapplication of any provision the specificterms and provisions of this written agreement MOU or School Board Policy that affects educational support personnel's wages, hours, and working conditions, such representation must come from the Union.
4. The employee’s or terms the Union’s first contact regarding job and working conditions of employment which is inconsistent with the terms of immediate supervisor. Supervisors shall attempt to settle grievances informally at this Agreement or School Board Policy shall be a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step IIlevel.
4.2 The grievant(s) shall 5. A grievance will normally be allowed to appoint presented and processed on City time, and a Union representativegrievant attending a grievance meeting on their own behalf on City time will not lose pay. In scheduling the time, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to place and duration of any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representationmeeting, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a ▇▇▇▇▇▇▇ or Union representative may be presentRepresentative and the City will give due consideration to all the participants’ responsibilities in the essential operations of the department. The aggrieved City has the unequivocal right to schedule grievance hearings as convenient. Hearings may withdraw a grievance at any step in the adopted procedureor may not be held during an employee’s normal shift. Appeals to Step I and Step II must No overtime pay will be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted given to the facility managergrievant. In Representatives, witnesses, or other participants will receive overtime pay if ordered to be present by the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveappointing authority.
Appears in 2 contracts
Sources: Memorandum of Understanding (Mou), Memorandum of Understanding
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or a group 7.01 It is the mutual desire of employees, the parties hereto that there has been misinterpretation or misapplication complaints of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy employees shall be a grievanceadjusted as quickly as possible. If the grievance involves any The Union Grievance Committee shall consist of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative Unit Chairperson. It is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event understood that an employee believes there is a basis for has no grievance until he has first given his immediate supervisor an opportunity to adjust his complaint. The employee shall discuss it with his immediate supervisor within five (5) working days after the circumstances giving rise to the complaint have originated or occurred. Failing settlement, it may then be taken as a grievance he/she shall first discuss within three (3) working days following the alleged grievance advice of the immediate Supervisor’s decision.
(a) The employee, with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a his representative may present the grievance writing to the Department Operations Manager. Failing settlement, the Department operations Manager shall deliver his decision in writing three (3) working days after the decision is given.
(b) It is agreed that a grievor should be present, represented by his own representative in grievance meetings.
(c) Attendance at Step #2 meetings will be limited to two (2) Management persons and one (1) Union Representative in addition to the grievor. The Union may present the grievance in written form to the Branch Manager or Company Representative. A meeting will be held within ten (10) working days between the Branch Manager or Company Representative and the Union Grievance Committee. A Staff Representative of the alleged violation Union may be present at the request of either the Company or within ten (10) working days following the time when Union. It is understood that the employee responsibly should Branch Manager or Company Representative shall have gained knowledge such counsel and assistance as desired at any meeting with the Grievance Committee. Failing settlement, the decision of its occurrence. Any adjustment reached in the informal discussion Branch Manager or Company Representative shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure delivered in writing within five (5) working days to the Union.
7.02 Failing settlement under the foregoing procedure of any grievance between the parties arising from the date interpretation, application, administration or alleged violation of the informal conference specified above. When requested by the employeeAgreement, including any questions as to whether a Union representative matter is arbitrable, such grievance may be presentsubmitted to arbitration as hereinafter provided. The aggrieved may withdraw a grievance at any step in If no written request is received within fourteen (14) calendar days after the adopted procedure. Appeals to decision under Step I and Step II must be filed within five (5) working days following the disposition of #3 is given, the grievance or the expiration of the disposition timelinesshall be deemed to be settled.
Step I A formal 7.03 Where no written answer has been given within the time limit specified, the grievance must may be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction next Step of the facility managerforegoing procedure, including arbitration.
7.04 It is agreed that a grievance arising directly between the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from Company and the Union representative shall be originated under Step #3 and will the time limits set out with respect to that Step shall appropriately apply. It is understood, however that the provisions of this Article may not be available on used with respect to a grievance directly affecting an employee or employees and that the District website. The facility manager will schedule regular Grievance Procedure shall not be thereby bypassed.
7.05 All grievances settled at Step #2 or #3 shall be in writing with a copy to the Union and conduct a Step I hearing within five (5) work days of Company signed by the receipt of Grievor, and either the formal grievance. The facility manager will then have fiveBranch Manager or Company Representative.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee(a) The Employer and the Union recognize that grievances may arise concerning:
(1) Differences between the parties respecting the interpretation, application, operation or any alleged violation of a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement Collective Agreement, including a question as to whether or School Board Policy that affects educational support personnel's wagesnot a matter is subject to arbitration; or
(2) The dismissal, hours, discipline or terms and conditions suspension of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be bound by mutual this agreement.
4.3 In the event that (b) Where an employee believes there is has a basis for grievance, her/his grievance shall be settled as follows: The employee, with or without a grievance he/she shop ▇▇▇▇▇▇▇ or Union Representative (at the employee’s option) shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, Employer’s designee within ten (10) working calendar days of the occurrence of the grievance. In this first step, both parties shall make every effort to settle the dispute and shall disclose the reasons for their respective positions. If the grievance is not settled at this step, then; The grievance shall be reduced to writing by:
1. recording the grievance in writing, setting out the nature of the grievance;
2. stating the Article of the Agreement infringed upon or alleged violation to have been violated and the remedy or correction required;
3. the grievance shall be signed by the employee and the Union Committee member;
4. within ten (10) calendar days of receipt of the written grievance, the Employer’s designate shall give her/his written reply.
5. formal discussion at this stage shall take place during working days following hours, at a time and place mutually agreed to by the time when Employer’s designate and the employee responsibly should have gained knowledge of its occurrenceUnion Representative. Failing a satisfactory settlement at this stage, then: Any adjustment reached in general grievance with respect to the informal discussion above may be initiated by the Staff Union and shall be consistent with submitted at Step Two of the terms grievance procedure. The Union Committee and the Personnel Committee shall meet and, at this step of the grievance procedure, each party shall provide to the other a statement of facts and all relevant documents. If the grievance is not settled at this Agreement. If, after informal discussion with the facility manager, a grievance existsstep, the grievant(sparties may access the resolution mechanisms provided by the Collective Agreement.
(c) must initiate Employees dismissed or suspended for alleged cause shall have the following formal grievance procedure right within five ten (510) working calendar days from after the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw dismissal or suspension to initiate a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition Three of the grievance or the expiration of the disposition timelinesprocedure.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim Section 1: The purpose of this procedure is to resolve grievances in an orderly manner. A determined effort shall be made to settle any grievances at the lowest possible level in the grievance procedure and during the grievance procedure there shall be no suspension of work or interference with the operations of the Library. Meetings or discussions involving grievances or the procedures set forth hereafter shall not occur on Employer time unless otherwise mutually agreed. References to “days” in this agreement mean calendar days.
Section 2: A Shop ▇▇▇▇▇▇▇ and either a Staff Representative or Local President may visit the work location of or speak by an employeetelephone to employees covered by this Agreement at a reasonable time for the purpose of investigating grievances, but without interfering with Library operations.
Section 3: A grievance is defined as only those disputes involving the interpretation, application or alleged violation of a group of employees, that there has been misinterpretation or misapplication of any specific provision of this written agreement or School Board Policy that affects educational support personnel's wagesAgreement. To be valid, hoursgrievances must be submitted to the other Party as soon as possible, but no later than 14 days from the incident leading to the grievance, or terms and conditions from the date the employee could have reasonably known of employment which is inconsistent the incident. Grievances shall be processed in accordance with the terms following procedures within the stated time limits.
STEP 1. An aggrieved employee and/or the Union shall present grievances in writing within fourteen (14) days of this Agreement or School Board Policy their alleged occurrence to their immediate supervisor, who shall be available to meet with the employee and Union ▇▇▇▇▇▇▇ in person, via conference call or other available means, and who shall attempt to resolve the grievance within fourteen (14) days after receipt of the grievances. Employees may waive Union representation at Step 1 only, in which case the grievance shall end at Step 1. In seeking solutions, immediate supervisors shall coordinate with their Managers. Written notice shall include:
1) A statement/description of the grievance with relevant dates and facts
2) The specific provision(s) of the Agreement allegedly violated
3) Remedy sought
4) Signature and date of the employee grieving. In the case of a group grievance, the group shall be described and at least one named employee from the affected group shall be included. The employee representing the group and the Union ▇▇▇▇▇▇▇/Officer shall sign the grievance.
STEP 2. If not satisfied with the solution the Union shall within fourteen (14) days of receipt of the immediate supervisor's solution, submit the original grievance in writing to the Library Director, including reasons for dissatisfaction with the solution. Within fourteen (14) days from receipt of the written grievance, the Library Director or designee shall meet with the employee grieving, the immediate supervisor and manager(s) and a Union representative. The Library Director or designee shall attempt to resolve the grievance as set forth in writing, and shall issue a decision not more than fourteen (14) days after the meeting is adjourned.
STEP 3. If the grievance involves any remains unresolved, it may be submitted by the Union to the Employer's Board of Trustees within fourteen (14) days of receiving the Library Director’s or designee's response. The Board of Trustees shall convene a special meeting for the purpose of hearing the grievance within thirty (30) days of receipt of the rights granted grievance, and shall issue its decision to the Union not more than fourteen (14) days after the meeting is adjourned.
STEP 4. If the grievance has not been resolved to the Union’s satisfaction, the grievance may be filed referred to arbitration. After receipt of the written request for arbitration, the Employer and the Union shall select an impartial party to serve as an arbitrator. If the Union and the Employer are unable to agree on an arbitrator, the arbitrator shall be selected by a process of elimination from a list of five (5) arbitrators furnished by the Union directly to Step IIAmerican Arbitration Association or, if either party prefers, from a list furnished by PERC.
4.2 STEP 5. The grievant(s) grievance shall be allowed scheduled to appoint a Union representative, at no cost be heard in accordance with the arbitrator's schedule. The arbitrator's decision shall include specific findings of fact and shall identify the application and the arbitrator's interpretation of this Agreement as it applies to the Boardissue in dispute. The arbitrator shall confine himself/herself to the precise issues submitted to arbitration and shall have no authority to determine other issues not so submitted. The arbitrator shall have jurisdiction and authority only to rule on interpretation, application or compliance with this Agreement as it may apply to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not presentissue in dispute. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance heHe/she shall first discuss not add to or detract from or alter in any way the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms provisions of this Agreement. IfThe decision of the arbitrator shall be final, after informal discussion with conclusive and binding upon the facility manager, a grievance existsEmployer, the grievant(s) must initiate Union and the following formal employees involved. The expenses and fees in common to the services of the arbitrator shall be borne equally by the Employer and the Union. Each party shall bear the cost for preparing and presenting its own case including the costs of witnesses.
Section 4: Any and all time limits specified in the grievance procedure within five (5) working days from the date may be waived by written mutual agreement of the informal conference parties. Failure of the employees or the Union to submit the grievances in accordance with these time limits without such waiver shall constitute abandonment of those specific grievances. Failure of the Employer to submit a reply within the specified abovetime limits shall cause the grievance to be automatically moved to the next step. When requested by the employee, a Union representative A grievance may be present. The aggrieved may withdraw a grievance terminated at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition time upon receipt of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available a signed statement from the Union representative and will be available on stating that the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fivematter has been resolved.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, A. A grievance shall be defined as a dispute between the County and the Association arising over the interpretation or application of a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms specific aspect of this Agreement or School Board Policy 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 not more than three members. Such committee shall be selected in a manner to be determined by the Association membership. The purpose of the 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 grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss take up the alleged matter with the appointing District Attorney or Public Defender within five (5) days after the employee becomes aware of the event giving rise to the grievance.
D. The District Attorney or Public Defender shall make every attempt to reach an acceptable solution to the problem within five (5) days after it has been submitted to him. Any grievance settlement shall be approved in writing by the appointing District Attorney or Public Defender and the County Manager.
E. If the grievance is not settled during the informal discussion, the Association may proceed with the matter. Within fifteen (15) days after the event giving rise to the grievance, the Association shall submit the grievance in writing to the appointing District Attorney or Public Defender, and 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 the date the employee signed the statement. The Association grievance committee and the appointing District Attorney or Public Defender shall again attempt to resolve the matter. Any grievance settlement shall be approved in writing by the appointing District Attorney or Public Defender and the County Manager.
F. If the grievance is not settled within five (5) days after receipt of the written grievance by the District Attorney or Public Defender, the Association may submit the written grievance with the facility manager information outlined above to the 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 (Within 10) days from the Superintendent's Complexdate he received said grievance.
G. If the matter is not settled in the previous step within three (3) days after receipt of the written response from the County Manager, a department constitutes a facility.), at which a representative may be presentthe Association may, within ten (10) working days of receipt of the alleged violation or within ten (10) working days following County Manager’s decision notify the time when the employee responsibly should have gained knowledge County Manager in writing of its occurrencedesire to submit the matter to the County Commissioners. Any adjustment reached in Subject to judicial review as allowed by law, the informal discussion decision of the County Commissioners shall be consistent with the terms final and binding.
H. The County Commissioners shall have no power to amend, modify, add or delete provisions of this Agreement. If, after informal discussion .
I. The time limits specified in the preceding sections may be extended by the mutual agreement of the parties.
J. The Association shall furnish the County with the facility managernames of the members of the Association grievance committee.
K. 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 existsreport or acting as a representative of any employee requesting a grievance review.
L. For purposes of this Article, the grievant(s) must initiate term day means any day Monday through Friday, excluding holidays.
M. The time limits set forth in this Article shall be strictly construed. If the following formal Association fails to file and/or process the grievance procedure within five (5) working days from in a timely manner, it shall be conclusively presumed that the date of grievance is withdrawn with prejudice or satisfied.
N. If the informal conference specified above. When requested by County fails to respond to the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following time limits established in the disposition of preceding sections the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted matter automatically moves to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fivenext step.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim 11.1 A grievance is a difference regarding the interpretation, application, operation or any alleged violation of this agreement.
11.2 A grievance must be initiated in writing stating all particulars as to the nature of the grievance, the clause alleged to have been violated and the remedy requested. Such grievance shall be submitted to the secretary of the Board and to the chairperson of the teachers' economic policy committee within 20 teaching days from when the teacher became aware of the incident.
11.3 A committee comprised of two representatives of the Board and two representatives of the Association shall meet and attempt to resolve the grievance within 15 teaching days of receipt of grievance by an employee, or the Board. If the committee reaches a group of employees, that there has been misinterpretation or misapplication unanimous decision as to the disposition of any provision grievance that decision shall be final and binding.
11.4 If the parties fail to reach an agreement under clause 11.3, either party may by written notice to the other party, require the establishment of this an arbitration board. Such written agreement notice shall be served within 10 teaching days following the time limit set out in clause 11.3.
11.5 Each party shall appoint one member as its representative on the arbitration board within seven teaching days of receipt of such notice. The two members so appointed shall endeavor to select an independent chairperson.
11.6 If the two members fail to select a chairperson within five teaching days after the day on which the last of the two members is appointed, they shall request the Director of Mediation Services to select a chairperson.
11.7 The arbitration board may not change, modify or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions alter any of employment which is inconsistent with the terms of this Agreement agreement. All grievances submitted shall present an arbitrable issue under this agreement and shall not depend on or School Board Policy shall be a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed involve an issue or contention by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative either party that is contrary to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be subject matter covered by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with arising under the terms of this Agreementagreement.
11.8 The findings and decision of a majority is the award of the arbitration board and is final and binding upon the parties and upon any employee affected by it. If, after informal discussion with the facility manager, If there is not a grievance existsmajority, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date decision of the informal conference specified above. When requested by chairperson governs and it shall be deemed to be the employee, a Union representative may be present. award of the board.
11.9 The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition purpose of the grievance or procedure provisions is to ensure that any grievance is processed in an expeditious manner, therefore, compliance with the expiration provisions is mandatory. If the respondent fails to comply with provisions of this procedure, the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted is processed to the facility managernext step. In If the event the remedy sought is not within the jurisdiction of the facility managergrievant fails to comply with all procedures, the grievant may file the Step I grievance is at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fivean end.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, The purpose of the grievance policy will be to provide a means for the resolution of questions regarding interpretation or a group of employees, that there has been misinterpretation or misapplication of any provision application of this written agreement or School Board Policy Agreement. Building administrators are urged to use the following procedure whenever they believe that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent a District action has aggrieved them in any manner:
Step 1: Discuss problem with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any immediate supervisor within twenty (20) days of the rights granted occurrence. During this discussion, an attempt will be made to the Unionarrive at a mutually satisfactory solution
Step 2: If a mutually satisfactory solution was not reached at Step 1, the grievance may be filed by grievant will provide the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint immediate supervisor with a Union representative, at no cost to written statement of the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, problem within ten (10) working days of the alleged violation or meeting. The immediate supervisor will provide a written answer within ten (10) working days following of receipt of the time when statement.
Step 3: If the employee responsibly should have gained knowledge problem has not been resolved at Step 2, the grievant will provide a written statement of its occurrencethe problem stating the resolution desired to the superintendent or designee. Any adjustment reached The superintendent or designee will provide a written answer within ten (10) days of receipt of the statement.
Step 4: If the problem is not resolved at Step 3, the grievant will provide a written request for a hearing with the Board of Directors to the President of the Board. A hearing will be scheduled within twenty (20) days.
Step 5: If the grievant is not satisfied with the disposition of his/her grievance at Step 4 or if no decision has been rendered within fifteen (15) days after he/she has first met with the Board, he/she may within twenty (20) days after he/she has first met with the Board, request in writing that the informal discussion shall Association submit his/her grievance to arbitration: If the Association determines that the grievance involved the interpretation, meaning, or application of any of the provisions of this Agreement, it may by written notice to the superintendent, within fifteen (15) days after receipt of the request from the aggrieved person, submit a request for binding arbitration. If any question arises as to whether the issue is arbitrable, such question will first be consistent with ruled upon by the arbitrator selected to hear the dispute and will be based on whether the dispute involved an interpretation, meaning, or application of the terms of this Agreementagreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(sWithin fifteen (15) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified aboverequest for submission to arbitration, a request for an arbitrator will be made to the American Arbitration Association. When requested The parties will thereafter be bound by the employee, a Union representative may voluntary rules of the American Arbitration Association. Neither party shall be present. The aggrieved may withdraw a grievance at any step permitted to assert in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and arbitration proceedings any evidence which was not submitted to the facility managerother party before the completion of meetings. In the event the remedy sought is not within the jurisdiction The costs of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form an arbitrator will be available from borne equally by the Union representative District and the Association. All other costs will be available on borne by the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveparty incurring them.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any Section 1. A grievance, under this Agreement, or applicable bargaining unit Agreements, shall be defined as a claim by of an employee, a class of employees, or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. A class action grievance is one that impacts more than one bargaining unit within this Master Agreement. It will be initially presented at Step 2 of the grievance procedure. A grievance for a group of employees, that there has been misinterpretation employees within a department and/or bargaining unit will be initially presented at Step 1 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole responsibility of the Employer and shall not be subject to the grievance mechanism.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The ▇▇▇▇▇▇▇ shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or misapplication Section of any provision the Agreement which may be involved. The grievance form shall be dated and signed by the ▇▇▇▇▇▇▇ and at least one employee who claims a violation of this written agreement Agreement. All grievances shall be recorded on a mutually agreed upon form which is attached hereto as Appendix I.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer representative in writing, as described in Section 3, within twenty (20) calendar days after the event or School Board Policy that affects educational support personnel's wages, hoursevents giving rise to the grievance occurred, or terms and conditions within twenty (20) calendar days after those events should have reasonably been known.
Section 5. Any time limit imposed upon the handling of employment which grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is inconsistent understood by the parties that the Union representative(s) and/or an aggrieved employee shall undertake every reasonable effort, including but not limited to face to face meetings, to resolve a grievance by first addressing it with the terms of this Agreement immediate supervisor. Whether or School Board Policy not a discussion is held, and the grievance is not resolved, it may be presented in writing to the Employer as provided for in Section 3. and Section 4. above, and it shall be a grievance. If processed in the following manner:
Step 1: The grievance involves any shall be presented in writing to the Head of the rights granted Department, or his/her designee for discussion with the Union Representative(s) and the grievant if the aggrieved employee is willing and able to attend. The discussion with the Head of the Department, the employee’s immediate supervisor and the Human Resources site representative shall be held promptly after receipt of the written grievance and within seven (7) calendar days. The Head of the Department or designee’s written answer shall be made available to the UnionUnion Representative within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance may shall then be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representativepresented, at no cost in writing, to the BoardDirector of Labor Relations, to be present or designee, which individual shall handle second step grievances for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, sites within ten (10) working calendar days after the receipt by the Union Representative of the written answer derived from the Step 1 discussion. The matter shall be investigated and discussed at a meeting including the parties’ representatives and normally, the aggrieved employee. This meeting shall take place within seven (7) calendar days of the alleged violation request unless mutually waived. The Director of Labor Relations, or designee, shall render a decision in writing to the appropriate Union Representative within ten fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party to this Agreement may give notice of its desire to arbitrate the grievance. The arbitration process shall be initiated by sending a letter to the Federal Mediation and Conciliation Service (FMCS), with a copy of this request letter to the Director of Labor Relations, or designee, within forty-five (45) calendar days after receipt of the Step 2 answer, identifying the grievance, including whatever forms are required by the Mediation Service and a request that the Mediation Service send to each party a list of seven (7) names of arbitrators.
Section 7. If a grievance cannot be resolved at Step 2, the parties may mutually agree to submit the grievance to non-binding mediation before mutually agreed upon mediator from FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties agree that a grievance mediation session shall be held every other month for the purpose of mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in advance and every effort will be made to use a regular day each month. Grievance mediation sessions may only be cancelled by the mutual agreement of the parties in writing.
b.) Any grievance settlement, whether it represents a compromise between the parties or a full granting of the grievance, shall be reduced to writing and signed at the grievance mediation session. Any grievance which is withdrawn shall be done so in writing and signed at the grievance mediation session. Any discussions held in the course of the grievance mediation process shall be considered “off the record” and shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or judicial proceeding. Any settlement reached in grievance mediation shall not be considered as precedent. Should the parties reach agreement at this step, it shall be binding upon the parties. If either party violates the agreement achieved at this step then the other party may move the matter immediately to arbitration.
Section 8. Following receipt of the copy of the list of arbitrators, a representative of each party shall alternately strike a name until one name is left. The determination of who strikes first may be made by the coin toss with the loser making the first strike. The remaining name shall be the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one additional panel.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared equally by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the costs of the other.
Section 10) working days following . Not more than a single grievance arising under this Agreement may be arbitrated in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the parties.
Section 11. The award of an arbitrator shall be final and binding on the Union, its members, the employee or employees involved and the Employer.
Section 12. The decision of the arbitrator may or may not include “make whole” decisions with respect to back pay, provided, however, if an arbitrator shall award back wages covering the period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be less any unemployment compensation received or other compensation from any source, which the employee would not have received or earned had they not been suspended or discharged, and provided further that any wages from another job with another employer held by the employee at the time when of the employee responsibly should suspension or termination will not be the basis for any reduction in back pay awarded.
Section 13. The arbitrator shall have gained knowledge no authority to alter, amend or change in any way the terms and conditions of its occurrence. Any adjustment reached in this Agreement, the informal discussion Employer’s written work rules and policies and shall be consistent confine their decision to a determination of the facts and interpretation, administration of, and compliance with the terms of this the Agreement. IfThe arbitrator shall include in his/her decision including in his/her decision findings of fact, after informal discussion with the facility managerconclusions of law (if applicable), a grievance existsand what provisions if any, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference Agreement were violated.
Section 14. Any grievance not answered within the specified above. When requested by the employee, a Union representative time periods may be presentappealed to the next Step of the Grievance procedure immediately. The aggrieved Grievance may withdraw a grievance be entertained at any step in Step or the adopted procedure. Appeals to time limits may be changed at any Step I and Step II must be filed within five (5) working days following the disposition by mutual consent of the parties in writing. Failure to timely appeal any grievance or will close the expiration of the disposition timelinesgrievance.
Step I A formal written Section 15. Any grievance must which the Employer may have against the Union shall be filed on the specified grievance form reduced to writing and submitted to the facility managerchief ▇▇▇▇▇▇▇ who will promptly arrange a meeting at the Step 2 level of this procedure.
Section 16. In A grievance alleging discharge without just cause or grievances concerning layoffs due to a reduction in the event the remedy sought is not work force shall be reduced to writing within the jurisdiction seventy-two (72) hours of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days Local Union's receipt of written notice of the receipt discharge or notice of layoff or within seventy-two (72) hours after the formal grievanceevents should reasonably have become known to the Local Union, and shall be submitted at Step 2. The facility manager will then have fiveof this procedure.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim 2.1. The District will maintain a complete written record of each complaint, the manner in which it was investigated, and the manner in which it was resolved. Such records will be maintained pursuant to the District’s record retention policy unless circumstances dictate that the file should be retained for a longer period of time. Written records, to the extent appropriate, will be maintained in a confidential manner in any affected employee’s personnel file.
2.2. The District will endeavor to respond to and resolve complaints without resorting to this grievance procedure and, if a complaint is filed, to address the complaint promptly and equitably within the specified number of days stipulated at each level.
2.3. The right of a person to prompt and equitable resolution of the complaint filed hereunder shall not be impaired by an employeethe person’s pursuit of other remedies. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies, and use of this grievance procedure does not extend any filing deadline related to the pursuit of other remedies.
2.4. The grievant may request a representative of the Association to be present at all proceedings required to process the grievance after the statement of grievance has been filed.
2.5. When administration schedules grievance hearings during regular school hours, the grievant and representative of the association shall be released from their regular assignment without loss of pay or payroll benefits.
2.6. In all cases where a statement of grievance has been filed with the district, the district shall forward the Association President and/or designee a copy of the statement of grievance within five (5) days after receiving it.
2.7. The district shall notify the Association President and/or designee of all resolutions or dispositions of grievances filed with the district.
2.8. For grievances where the association is not a party to the proceedings at the request of a grievant, the Association retains the right to file a grievance on the same issue at level three.
2.9. Level 1: Informal
2.9.1. A staff member with a complaint is encouraged to first discuss it with the teacher, counselor, or a group of employeesbuilding administrator involved, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms objective of this Agreement or School Board Policy shall resolving the matter promptly and informally. An exception is that complaints of sexual harassment should be a grievancediscussed with the first line administrator that is not involved in the alleged harassment.
2.9.2. If the complaint is not solved satisfactorily the grievant shall present the grievance, orally or in writing, to his or her administrator within ten (10) days, with the objective of resolving the matter informally. This shall be done when he or she is not responsible for student supervision.
2.9.3. The administrator shall give his or her answer orally or in writing within ten (10) days.
2.10. Level 2:
2.10.1. If the complaint is not resolved at Level 1, the grievant may file a written grievance. The Level 2 written grievance involves any must be filed with the principal within ten (10) days of the rights granted event or incident, or from the date the grievant could reasonably become aware of such occurrence.
2.10.2. If the complaint alleges a violation of Board policy or procedure, the principal shall investigate and attempt to resolve the Unioncomplaint. If either party is not satisfied with the principal’s decision, the grievance may be filed advanced to Level 3 by requesting in writing that the Union directly to Step II.
4.2 The grievant(s) shall Superintendent review the principal’s decision. This request must be allowed to appoint a Union representative, at no cost submitted to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, Superintendent within ten (10) working days of the alleged violation principal’s decision.
2.11. Level 3:
2.11.1. Upon receipt of the request for review, the Superintendent shall 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 shall have fifteen (15) days in which to provide a written decision, together with the reasons for such decision, to the grievant.
2.12. Level 4:
2.12.1. If either party is not satisfied with the decision of the Superintendent, the Board is the next avenue for appeal. A written appeal must be submitted to the Board within fifteen (15) 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.
2.12.2. 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 writing to all parties within thirty (30) days of that meeting.
2.13. Level 5:
2.13.1. If the decision of the Board is unsatisfactory the grievant may make an appeal to the Association within fifteen (15) days. Within ten (10) working days following the time when Association shall arrange for a hearing with the employee responsibly should have gained knowledge grievant and a hearing committee appointed by the Executive Board of the Association of no less than three members. Within ten (10) days of conclusion of the hearing, the president of the Association shall provide a written decision to the grievant and the district as to whether or not the grievance shall be referred for arbitration.
2.13.2. Within ten (10) days of its occurrencedecision that the complaint should continue to arbitration, a representative of the Association shall meet with the Superintendent for the purpose of selecting a mutually acceptable arbitrator and to obtain a commitment from such arbitrator to serve. Any adjustment reached in If the informal discussion parties are unable to agree on an arbitrator or to obtain a commitment within the ten day period, a request for a list of five arbitrators shall be consistent with made to the terms of this AgreementFederal Mediation and Conciliation Service. If, after informal discussion with Each party shall strike two names. The remaining name on the facility manager, a list shall serve as arbitrator.
2.14. During arbitration neither party shall be permitted to submit any issues which were not submitted previously during the grievance exists, process.
2.15. The arbitrator will set the grievant(s) must initiate proceedings for the following formal grievance procedure within five (5) working days from arbitration process. He or she will submit findings in writing to the date grievant and the Board. He or she shall have no power or authority to enforce his or her suggestions. The Board will consider all suggestions made by the arbiter but will be under no obligation to accept or utilize any such suggestions.
2.16. The decision by the Board shall be final and binding.
2.17. The costs of the informal conference specified above. When requested services of the arbitrator, including per diem expenses, if any, and his/her travel and subsistence expenses, if any, and the cost of the hearing room, will be borne equally by the employee, a Union representative may be presentDistrict and the Association. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form All other expenses will be available from borne by the Union representative and will be available on party incurring the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveexpense.
Appears in 2 contracts
Sources: Professional Agreement, Professional Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim A. Grievances will be presented by an employeethe grievant or Association representative selected by all teachers in that particular building. Grievances will be filed with the principal or appropriate Board representative. Only those claims by a teacher, group of teachers, or Association concerning a group of employeesviolation, that there has been misinterpretation or misapplication of any provision of this written agreement Agreement or School Board Policy that affects educational support personnel's wages, hours, policy may be processed as a grievance as provided herein. The following matters shall not be the basis of any grievance filed under the procedure outlined in this Article:
1. The termination of probationary employees or terms and conditions non-renewal of employment which is inconsistent probationary employees.
2. Any matter involving the content or criteria of an employee evaluation.
3. Any claim related to the failure to employ or re-employ a teacher to an extra- duty position.
B. The Association representative or grievant will file any grievances in writing with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, principal or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union designated board representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of school calendar workdays after the alleged violation occurrence or knowledge thereof. The grievance will be waived if it is not presented in writing within ten (10) working school calendar workdays. “School calendar work day” shall be defined as a day the bargaining unit member is required to work. Timelines at each of the levels may be extended by mutual agreement. Written grievances shall be presented on the form set forth in Appendix G of this Agreement and shall contain the following:
1. It shall be signed by the grievant or grievants.
2. It shall be legible.
3. It shall contain a synopsis of the facts giving rise to the alleged violation.
4. It shall cite the section or subsections of this contract alleged to have been violated.
5. It shall contain the date of the alleged violation.
6. It shall specify the relief requested. If the Board and Association representatives and the grievant(s) mutually agree at least one week prior to the end of school, a grievance may be processed by substituting summer business office days for school calendar work days.
C. Within ten (10) school calendar workdays of receipt of the grievance the principal or designated representative of the Board shall meet with the Association in an effort to resolve the grievance. Affected teachers may or may not be present at such meeting. The principal shall have ten (10) school calendar work days from the meeting to provide a disposition. If the principal’s disposition does not resolve the grievance, the grievance shall be submitted to the superintendent within ten (10) school calendar work days of receipt of the principal’s disposition. The superintendent shall have ten (10) school calendar workdays thereafter to provide a disposition. If the superintendent’s disposition does not resolve the grievance, the Association shall file the grievance with the Secretary of the Board or the Board’s designee within ten (10) school calendar workdays of the receipt of the superintendent’s answer. (Upon mutual agreement of the parties, a grievance may begin at the superintendent’s level.)
D. The Board or the Board designated grievance committee shall hold a hearing and otherwise investigate the grievance. However, in no event except with the express written consent of the Association, shall final determination of the grievance committee be made by the Board or the Board designated grievance committee more than twenty-one (21) school calendar workdays after its first submission to the Board or its representative.
E. If a grievance remains unsettled after processing as per item D above, it may be submitted to arbitration by the Association under the following conditions:
1. The matter to be arbitrated must concern the application or interpretation of this Agreement, either as to the meaning of its terms or as to the rights of either party under these terms or as to whether some action which has been taken is justified according to these terms.
2. If the Association chooses to submit any unsettled grievance to arbitration, it must notify the superintendent in writing within ten (10) school calendar workdays of the conclusion of Section D of the grievance procedure. Any grievance not submitted to arbitration within the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion herein provided shall be consistent deemed withdrawn.
3. The Board and the Association may attempt to select a single arbitrator acceptable to both parties.
4. If an agreement on the selection of an arbitrator is not reached, then the Association must file a Demand for Arbitration with the American Arbitration Association (AAA) no later than twenty-five (25) school calendar workdays from the date of the answer to the grievance given at Section D of the grievance procedure.
5. The arbitrator may interpret this agreement and apply it to the particular case submitted, but the arbitrator shall, however, have no authority to add to, subtract from or in any way modify the terms of this Agreement. If, after informal discussion with nor shall the facility managerarbitrator have any authority to limit or change any policies, a grievance existspractices or rules, except as they involve an application of this Agreement, nor shall the grievant(s) must initiate arbitrator have any authority to formulate or add any new policies or rules, nor substitute his/her discretion for the following formal grievance procedure within five (5) working days from Board's discretion in cases where the date of the informal conference specified above. When requested Board is given discretion by the employee, a Union representative may be presentthis Agreement. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals arbitrator shall have no power to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed rule on the specified grievance form and submitted to the facility managertermination of service of a non-tenured teacher. In the event any disciplinary action taken by the remedy sought Board is made the subject of an arbitration proceeding, the arbitrator's authority shall, in addition to the limitation set forth herein, be limited to the determination of whether the teacher involved had been disciplined for proper cause. If the arbitrator finds that the penalty assessed by the Board is excessive for the offense or offenses committed, he/she may modify that penalty, if allowed by law. It is further understood that salary schedules incorporated in this agreement shall not be subject to arbitration and the arbitrator shall have no authority to rule on any pension plan or insurance program.
6. At the time of the arbitration hearing either party shall have the right to examine and cross-examine witnesses and to make a written record of the proceedings.
7. Claims against the Board including claims for back wages by a teacher covered by this Agreement, or by the Association, shall not be valid for more than the start of the year in which the grievance was dated.
8. All costs incurred in connection with the preparation and presentation of each case shall be paid by the party incurring such costs. The expenses of each witness and the compensation of any witness for either party shall be paid by the party producing such witness.
9. The arbitrator's fees and expenses shall be borne equally between the Association and the Board.
10. No decision of an arbitrator or of the Board in one case shall create a basis for retroactive adjustment in any other case.
11. A case on which an arbitrator has been given authority to rule shall not be withdrawn except by mutual consent of the parties to this Agreement.
12. The decision of the arbitrators shall be final and binding upon the Board, the Association and the teacher or teachers involved unless the arbitrator's decision is in conflict with the laws of the State of Michigan.
F. If a grievance is not appealed within the jurisdiction time limits set forth in this Article, it shall be deemed to have been settled on the basis of the facility managerlast answer.
G. The following process will apply if not prohibited by law. Any disciplinary letter submitted into file will be subject to removal/review process by a review committee after one calendar year. It is the bargaining unit member's responsibility to request the review process to remove a disciplinary letter. A committee composed of the Association president, the grievant affected bargaining member, superintendent, and building principal will meet to discuss the disciplinary letter. The decision for removing a disciplinary letter from a file must be agreed upon by a majority of the committee. An appeal may file the Step I grievance be made at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveBoard level.
Appears in 2 contracts
Sources: Employment Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee11.01 Parties to this Agreement believe that it is important to adjust complaints and grievances as quickly as possible. Notwithstanding any provision contained in this Article, any nurse and/or Union may present a complaint at any time without recourse to the formal written procedure described herein.
11.02 A grievance shall be defined as a complaint regarding the interpretation or alleged violation of this Agreement, or, in the case of a group of employeesnurse who has acquired seniority under this Agreement, a complaint that there has they have been misinterpretation discharged or misapplication disciplined without just cause.
11.03 Prior to the initiation of any provision grievance, the affected employee may discuss the matter with their Manager. They shall have the assistance of this written agreement or School Board Policy that affects educational support personnel's wagesa member of the Grievance committee if they so desire. Failing satisfactory resolution of the problem at the complaint stage, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy a grievance shall be a grievance. If submitted in writing within ten (10) full working days from when the grievance involves any circumstances giving rise to it occurred or originated and be processed in accordance with Article 11.05.
11.04 No grievances shall be considered where the circumstances giving rise to it occurred or originated more than ten (10) full working days before the filing of the rights granted to grievance; in the Unioncase of a grievance involving computation of pay, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days after receipt of pay.
11.05 The following shall be the procedure in processing and handling grievances and the Union acknowledges that the Employer may have present at any step, in addition to those members of management specifically mentioned below, any other staff or representatives which it feels may be of assistance in dealing with the grievance. The aggrieved nurse may submit their grievance in writing to the Director, Population Health Division or designate who shall consider it in the presence of the alleged violation person or persons presenting same and render their decision in writing. The aggrieved nurse shall have the assistance of a member of the Grievance Committee if they so desire. Should no settlement satisfactory to the nurse concerned be reached within ten five (105) working days following days, the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached next step in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure maybe taken within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be presentthereafter. The aggrieved nurse may withdraw submit their grievance in writing to the Medical Officer of Health or designate and they may have the assistance of a grievance at any member of the Grievance Committee if they so desire. Should no settlement satisfactory to the nurse concerned be reached within five (5) working days, the next step in the adopted procedure. Appeals to Step I and Step II must grievance procedure may be filed taken within five (5) working days following thereafter. The said Grievance Committee may have the disposition assistance of a representative of the Ontario Nurses’ Association (ONA) if they so desire. The aggrieved nurse may submit their grievance in writing to the Commissioner of Human Resources of the Regional Municipality of Durham or designate. The Grievance Committee as constituted under Article 2 may be present at this stage at the request of either party. The said Grievance Committee may have the assistance of a representative of the Ontario Nurses' Association (ONA) if they so desire.
11.06 If a final settlement of the grievance or is not completed within ten working days after the expiration grievance has been submitted in writing at Step Number 3 of the disposition timelines.
Step I A formal written grievance must be filed on procedure, and if the specified grievance form and submitted to is one concerning the facility manager. In the event the remedy sought interpretation or alleged violation of this Agreement, or is not within the jurisdiction of the facility managera claim by a nurse that they have been discharged or disciplined without just cause, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct referred by either party to a Step I hearing Board of Arbitration as provided in Article 13 at any time within five fifteen working days (515) work days of the receipt of the formal grievance. The facility manager will then have fivethereafter, but not later.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy 1. Step 1 The employee shall be a grievance. If orally present the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or immediate supervisor within ten (10) working days following the time when event or events upon which the grievance is based. If the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached and the immediate supervisor are both in the informal discussion unit, the grievance shall be consistent presented to the next higher level supervisor not included in the unit. If the employee elects to be represented, upon notification to the immediate supervisor, the employee may be assisted by a representative in presenting the grievance. The immediate supervisor shall make whatever investigation deemed necessary and may arrange a meeting with the terms of this Agreementemployee to discuss the grievance and, if possible, resolve it. If, after informal discussion with the facility manager, a grievance existsIn any event, the grievant(s) must initiate supervisor shall give an answer to the following formal grievance procedure employee within five ten (510) working days from following the date oral presentation of the informal conference specified abovegrievance. When If the employee has requested by to be represented, the employeerepresentative shall be given the opportunity to attend the meeting, a Union representative may and shall be presentinformed of the immediate supervisor's decision on the grievance. The aggrieved may withdraw If the employee is not satisfied with the decision of the immediate supervisor, upon indicating the specific areas of disagreement, appeal to Step 2 can be made.
2. Step 2 If the employee desires to appeal his/her grievance to Step 2, there shall be submitted in writing the specific grievance and areas of disagreement, on a grievance at any step in form, to the adopted procedure. Appeals to Step I and Step II must be filed department head, within five (5) working days following the disposition receipt of the immediate supervisor's decision at Step 1. The Union may file a grievance on an employee’s behalf or on its own by completing the expiration grievance form and submitting it to the department head or Human Resources within five working days of the disposition timelines.
step one decision. If the Union files a grievance on its own, it can start at Step I A formal 2. If the employee has elected to be represented, assistance by the representative can be utilized in appealing the grievance. The written grievance must be filed on contain a complete statement of the specified complaint, the facts upon which it is based, the employee's reasons for the appeal, and the remedy being requested. The grievance form shall be signed and submitted dated by the employee(s) and/or union representative. The department head and the Director of Human Resources, or their designated representatives, shall attempt to resolve the grievance and shall arrange a meeting (within sixty (60) days of receipt of form) with the employee(s) or the Union and appropriate representative. The individual who considered the grievance at Step 1 will not be in attendance at this meeting. A decision, in writing, shall be given to the facility manager. In the event the remedy sought is not employee within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five ten (510) work working days of following the receipt of the formal grievancewritten appeal or conclusion of the appeal meeting, whichever is later. The facility manager will then have fiveIf the written response is not provided within ten (10) workdays of the step 2 meeting than the grievant may appeal to step 3 unless the reason the response has not been provided is because the information has been requested from the grievant or Union has not been provided. In that situation, the response is not due until after the decision maker is provided with the requested information. If the employee is not satisfied with the Step 2 decision upon indicating areas of specific disagreement, appeal of the grievance to Step 3 for resolution may be made.
Appears in 2 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or a group The Guild and the Publisher believe that the resolution of employees, ' concerns should begin at the departmental level and that there has been misinterpretation or misapplication the process should be based on mutual respect. The parties recommend that Steps 1 and 2 described below be followed. The resolution of any provision of this written concern at Step 1 or Step 2 shall not violate the collective bargaining agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent shall not set a precedent.
Step 1. An employee and/or his/her union ▇▇▇▇▇▇▇ shall meet with the terms employee’s manager to discuss and attempt to resolve any issue arising from the interpretation or application of this Agreement or School Board Policy shall be a grievanceany matter affecting the relations of the employees and the Publisher. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has issue cannot been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representationresolved, the employee and/or union ▇▇▇▇▇▇▇ may move the matter to Step 2 upon written notification to the Guild, the Director of Employee Relations and the appropriate Division Director.
(b) Step 2. The employee, his/her ▇▇▇▇▇▇▇ and manager and other appropriate persons shall meet in an attempt to resolve the issue. Failure to resolve the issue at Step 2 shall initiate the 120-day period described in Step 3.
(c) The Guild may appoint a committee of its own choosing to take up with the Publisher or his/her authorized agent any matter arising from the interpretation or application of this agreement or any matter affecting the relations of the employees and the Publisher.
(d) Step 3. A grievance shall be responsible submitted only by a written notice from the complaining party to the other party which should be submitted with reasonable promptness, but in no event more than one hundred and twenty (120) days after the event in question is known, or should have been known, by the complaining party. Such notice shall set forth the facts giving rise to the grievance, the ground of complaint and the action sought. The parties agree to meet within five days after request for requesting such representationmeeting.
(e) The Guild grievance committee and the Publisher or his/her authorized representatives shall make reasonable efforts to settle all differences between the parties under this agreement. Additional representation will In the event a settlement is not reached by the two parties within 35 calendar days after receipt of the notice described (this time may be extended by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative any dispute arising out of interpretation or application of this agreement may be present, within ten (10) working days submitted to final and binding arbitration by written notice of either party served on the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrenceother party. Any adjustment reached in the informal discussion Such notice shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(sfiled no later than four (4) must initiate the months following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines35 day time period. This four month period may be extended by mutual agreement of the parties.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5f) work Within 10 days of the receipt written notice of arbitration, the parties shall meet to select an arbitrator to whom the grievance of the formal grievancecomplaining party shall be submitted. If for any reason the arbitrator has not been selected within 30 days (this time may be extended by mutual agreement), then either party may request an arbitrator be selected through the facilities and in accordance with the rules of the Federal Mediation Conciliation Service. Each side shall have the right to reject one panel.
(g) The facility manager will then have fiverenewal of this agreement shall not be an arbitrable matter under the provision of this section. Only matters arising out of the interpretation or application of this agreement shall be arbitrable.
(h) The cost of such arbitration shall be borne equally by the parties, except that neither party shall be obligated to pay any part of the cost of a stenographic transcript without its express consent.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim 21 The affected employee(s) must sign the Grievance Initiation Form. The County recognizes the 22 right of an employee to file a grievance, and will not discriminate against any employee for 23 having exercised their rights under this section.
24 (1) APPLICATION The grievance procedure shall not be used to change existing 25 wage schedules, hours of work, working conditions, fringe benefits and position 26 classifications established by an employeeordinances and rules which are matters processed 27 under existing procedures. Only matters involving the interpretation, application 28 or a group enforcement of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy shall constitute a grievance.
29 (2) REPRESENTATIVES An employee may be represented at all steps in the 30 procedure by not more than two representatives including the staff 31 representative. Council representation shall be limited at all steps of the 32 procedure to those persons officially identified as representatives of the Council.
1 The Council shall maintain on file with the Department of Labor Relations a grievance2 current list of officers and stewards.
3 (3) TIME OF HANDLING Whenever possible, grievances will be handled after the 4 regularly scheduled working hours of the parties involved. The County agrees to 5 provide at least 24-hour written notice of the time and place of the hearing to the 6 grievant and the Council.
7 (4) TIME LIMITATIONS If it is impossible to comply with the time limits 8 specified in the procedure because of work schedules, illness, vacations, etc., 9 these limits may be extended by mutual consent in writing (extension of 10 grievance time limit form #4894). If any extension is not agreed upon by the 11 parties within the time limits herein provided, or a reply to the grievance involves any of the rights granted to the Unionis not 12 received within time limits provided herein, the grievance may be filed by the Union appealed 13 directly to Step IIthe next step of the procedure. Failure on the part of the Council to 14 appeal a grievance to the next step of the procedure pursuant to the time limits 15 outlined in the procedure shall cause the grievance to be settled.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five 16 (5) working days from SETTLEMENT OF GRIEVANCES Any grievance shall be considered settled 17 at the date completion of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedureprocedure if all parties concerned are 18 mutually satisfied. Appeals Dissatisfaction is implied in recourse from one step to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines19 next.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct 20 (6) FORMS There are 2 separate forms used in processing a Step I hearing within five grievance:
21 (5a) work days of the receipt of the formal grievance. The facility manager will then have fiveGrievance Initiation Form;
Appears in 2 contracts
GRIEVANCE PROCEDURE. 4.1 Any claim A. The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to issues that may arise. All grievances shall be processed as provided herein.
B. A grievance shall mean an allegation by an employee, or a group of employeesemployees with the same grievance, or the Association, that there has been misinterpretation or misapplication a violation of any provision of the provisions of this written agreement or School Board Policy Agreement. If any District policy provides for redress, such redress shall be processed according to this grievance procedure.
C. The District and the Association agree that affects educational support personnel's wagesthese proceedings and all information relating to a grievance will be kept informal and confidential.
D. Since it is important that grievances be processed as rapidly as possible, hours, or terms and conditions the number of employment which is inconsistent with the terms of this Agreement or School Board Policy days indicated at each level shall be a maximum, and every effort shall be made to proceed as quickly as possible.
1. The aggrieved, or the Association, must file a written grievance within ten (10) school days of the act or discovery of the act that caused the grievance.
2. If the grievance involves any aggrieved is not satisfied with the disposition of the rights granted to the Uniongrievance, the grievance aggrieved may be filed by appeal the Union directly decision to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, Level Two within ten (10) working days of receipt of the alleged violation decision by filing said appeal with the Office of Employee Relations.
3. The time limits specified will be extended or shortened if mutually agreed to in writing by the parties to the grievance.
4. Monday through Friday will constitute school days in counting minimum and maximum days when a grievance is not resolved before the end of the school year.
5. Grievance shall be filed at Level 1 if the remedy sought is within the authority of the immediate supervisor. If it is a remedy in which the supervisor has no authority, it shall be filed at Level 2.
6. Failure to submit the grievance within the time limits specified shall result in waiver of the grievance.
7. If a grievance affects a group of employees at two (2) or more work locations, the Association shall identify the employees and work locations and submit such information, in writing, to the Office of Employee Relations.
E. All grievances and appeals of such must be filed on forms provided by the District. A copy of the grievance shall be provided to the principal and/or principal’s supervisor, as well as the superintendent.
F. Level One
1. The aggrieved party shall submit the grievance in writing to the employee's immediate supervisor. Within five (5) workdays following receipt of the grievance, a meeting shall take place between the employee's immediate supervisor and the employee to discuss the grievance. An Association representative may attend provided prior arrangement has been made through the Office of Employee Relations. Within ten (10) workdays following such meeting, the immediate supervisor shall give the aggrieved party a written response to the grievance.
2. If the aggrieved is not satisfied with the disposition of the grievance, the aggrieved may appeal the decision to Level 2 within ten (10) working workdays of receipt of the decision by filing said appeal with the Office of Employee Relations.
3. Failure to appeal the grievance within ten (10) workdays after receipt of the response shall result in dismissal of the grievance.
G. Level Two
1. The Superintendent, or designee, shall meet with the aggrieved, and/or a representative of the Association, within fifteen (15) workdays after receipt of the appeal of the Level 1 decision in an effort to resolve said grievance. Parties to the grievance or their representatives shall have the right to submit evidence, give testimony and call witnesses. The Superintendent shall determine the procedures for conducting the meeting. Both parties shall submit a list of witnesses to the person conducting the meeting at least forty-eight (48) hours in advance of the meeting.
2. The Superintendent or designee shall, within ten (10) workdays after such meeting provided above, render the decision in writing to all parties concerned.
3. If the Association and the aggrieved party are not satisfied with the disposition of the grievance, the party may appeal the grievance to Level 3. Failure to appeal the grievance within ten (10) workdays after receipt of the response at Level Two shall result in dismissal of the grievance.
H. Level Three
1. A grievance appealed to this level shall be heard by an Arbitrator who shall be selected as follows:
a. The parties may agree upon an Arbitrator.
b. Alternatively, the parties shall jointly request from the Federal Mediation and Conciliation Service a list of names from which the Arbitrator shall be selected.
c. The parties will strive to mutually agree upon the Arbitrator.
d. If the parties fail to mutually agree upon the Arbitrator, each party will strike one name followed by the other party striking one name until a single name remains and that person shall become the Arbitrator. The party required to strike the first name will be determined by a flip of a coin.
2. The Arbitrator shall schedule the hearing as soon as possible following acceptance of the appointment. The parties agree to make available all pertinent, non-privileged information in their possession or control that is relevant to the issues raised by the grievance.
3. The Arbitrator may establish the rules of procedure and, at the Arbitrator's discretion, may require the parties or witnesses to testify under oath or, upon demand of either party, shall require the parties or witnesses to testify under oath.
4. The Arbitrator's report shall be prepared and submitted in writing only to the District and aggrieved, within thirty (30) calendar days following after the time when first meeting, and shall set forth the employee responsibly should have gained knowledge findings of its occurrencethe fact, rationale, conclusions, and the determination(s) on the issues submitted. Any adjustment reached in the informal discussion The determination shall be consistent with law and with the terms of this Agreement.
5. IfThe Arbitrator shall have no power to alter, after informal discussion amend, add to or subtract from the terms of this Agreement.
6. The determination of the Arbitrator on matters set forth in this Agreement shall be final and binding.
7. The determination of the Arbitrator shall be acted upon within thirty (30) calendar days.
8. The cost of services for the Arbitrator shall be shared equally by the District and the aggrieved.
9. Unless the Association represents the aggrieved party, the District may require that the aggrieved party post the party's share of the expenses in advance of the hearing.
I. Neither the District nor members of the Administration shall take reprisals against the aggrieved or any party or Association representative or any participant in the grievance procedure.
J. All written and printed matter dealing with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition processing of the grievance or will be filed separately from the expiration Central Office personnel files of the disposition timelinesparticipant.
Step I A formal written grievance must be filed on the specified grievance form and submitted K. The District agrees to make available to the facility manageraggrieved party and the party's representatives all non-privileged, pertinent information in its possession or control, which is relevant to the issues, raised by the grievance.
L. Leave with pay will be granted to a grievant whose absence from duty is required by the parties to the grievance as part of a grievance meeting. In The Office of Employee Relations shall notify the event the remedy sought is not within the jurisdiction immediate supervisor(s) of the facility manageremployee(s) designated to appear at such meeting.
M. Nothing contained herein shall limit the right of any employee to process a grievance as an individual.
N. To the extent provided by law, the grievant may file parties agree that this procedure shall be the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days exclusive remedy for all allegations of the receipt violations of the formal grievance. The facility manager will then have fivethis contract.
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim A. A grievance is an unsettled complaint by a bargaining unit employee or by the Association in its own behalf, concerning: (1) any alleged violation of this Agreement; (2) any alleged violation of Board Policy or Administrative Rules; (3) any disciplinary action.
B. All grievances shall be handled by the following procedure:
Step 1. The secretary shall first discuss the complaint with the administrator, either individually or accompanied by an employeeAssociation representative, or a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with in an attempt to resolve the terms of this Agreement or School Board Policy shall be a grievancecomplaint informally.
Step 2. If the complaint is not resolved at Step 1, it shall be reduced to writing whereupon it becomes a grievance, when the secretary invokes the formal grievance involves any procedure through the Association, which shall control the grievance procedure from Step 2 forward. The grievance form shall state the claimed basis for the grievance. The grievance form shall be signed by the secretary (grievant) and the Association representative and presented to the administrator within ten (10) school days following the act or condition which is the basis for the grievance. Within five (5) school days after receiving the written grievance, the administrator shall communicate his decision in writing to the person or persons who presented the grievance, and to the Association if the grievance was presented by the secretary alone.
Step 3. Within ten (10) school days after the delivery of the rights granted to the Unionadministrator’s decision, the grievance may be filed appealed to the Superintendent or his designee, by the Union directly to person or persons who presented the grievance at Step II2, or by the Association if the grievance was presented by the secretary alone and the secretary did not appeal.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not presentStep 4. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working school days after the delivery of the alleged violation or within Superintendent’s decision, the grievance may be appealed to mediation by the Association only. Upon receipt of this appeal, a date and time for mediation of the grievance with a mediator from the Michigan Employment Relations Commission shall be mutually scheduled by the parties. The recommendation(s) of the mediator for resolution of the grievance, if any, may not be used as evidence in arbitration by either party.
Step 5. Within ten (10) working school days following after the time when conclusion of mediation, the employee responsibly should have gained knowledge of its occurrencegrievance may be appealed to binding arbitration by the Association only. Any adjustment reached in the informal discussion The arbitrator shall be consistent with selected, and the terms of this Agreement. Ifarbitration shall be conducted, after informal discussion with under the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date rules of the informal conference specified aboveAmerican Arbitration Association. When requested The fees and expenses of the arbitrator and of the American Arbitration Association shall be shared equally by the employee, a Union representative may be presentBoard and the Association. The aggrieved may withdraw a grievance Arbitrator’s decision shall be binding.
C. Failure at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or procedure to communicate the expiration decision on a grievance within the specified time limits shall permit lodging an appeal at the next step of the disposition timelinesprocedure within the time which would have been allotted had the decision been given. Failure to file a written grievance within the time specified in Step 3, shall bar the grievance. Failure to appeal a decision within the specified time limits shall be deemed a withdrawal of the grievance and shall bar future appeal. Time limits may be extended in any specific instance by mutual agreement in writing.
D. Any party to a grievance shall have the right to representation by legal counsel at Step I A formal written grievance must be filed on the specified grievance form 3 and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility managerabove; provided, the grievant may file the Step I grievance at the lowest level at which the relief however, that no secretary may be grantedrepresented by counsel for any secretary organization other than the Association. Such form will be available A representative from the Union representative Association may represent association members and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveparticipate at all levels.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any Both parties consent that the grievance procedure agreed upon by the Board and the Association shall not be changed or amended in any way for the length of this contract or one year.
A. Good relations between the Board and staff are enhanced when there is an orderly and clearly defined procedure for the consideration and disposition of Grievances which may arise between members of the staff and their superiors or between staff members and the Board.
B. A grievance is a claim by an employee, employee or the Association or a group of employeesemployees regarding the interpretation, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hoursapplication, or violation of the agreement between the board and the Association, policies, or administrative decisions affecting terms and conditions of employment employment. A grievance shall apply only in cases for which no other statutory remedy is inconsistent with provided. Therefore, no grievance can be brought regarding such items as: failure to retain non-tenure teachers (a problem for which a specific remedy is provided by law) or a situation upon which the terms Commissioner of Education has ruled or has the power to rule.
C. The purpose of this Agreement procedure is to secure, at the lowest possible level, equitable solutions to the problems which may arise affecting employees. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of procedure.
D. An “aggrieved person” is the person or School Board Policy shall be group making the claim of a grievance. Wherever in the following “procedure” the term “school days” appears, it shall be deemed to mean “work days” for the 12 month employees and “school days” for 10-month employees.
E. A Board Association Committee shall develop mutually agreeable grievance form.
LEVEL 1. Any aggrieved person who has a grievance may discuss it informally first with his principal or immediate superior in an attempt to resolve the difference. If the matter is not resolved by discussion, or if the aggrieved person elects not to discuss the grievance involves any informally with his principal , the grievant shall submit his grievance in writing to the principal within sixty (60) calendar days after the individual knew or should have known of the rights granted facts giving rise to the Union, alleged grievance. The principal in turn will notify the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days aggrieved person of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached his decision in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure writing within five (5) working calendar days from after the date receipt of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a written grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within on condition that five (5) working school days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility managerremain before a lengthy recess period. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have If five
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by A. A grievance shall be considered to be an employee, or a group alleged violation as to meaning and application of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the specific terms of this Agreement Agreement.
B. The bargaining unit member shall submit any grievance within thirty (30) calendar days of occurrence or School Board Policy knowledge thereof in writing to the Town Manager. Any grievance or appeal not submitted within the time limits mentioned above will be considered waived. The grievance shall contain a statement as to the nature of the allegation, the requested remedy, and the specific provisions violated along with any available documentation. The grievance shall be a grievance. If the grievance involves any signed and dated.
C. The Town Manager or his designee shall, within fifteen (15) days after receipt of the rights granted grievance, offer to meet with the employee and a representative of the Union for the purpose of resolving the dispute. The Town Manager shall submit his decision in writing to the Union, aggrieved party not later than fifteen (15) days from the grievance may be filed by date the Union directly to Step IIhearing occurred.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any D. Any grievance which has been formally presented properly processed through the grievance procedure set forth above and no employee has not been settled at the conclusion thereof may be required appealed to discuss any grievance if arbitration within fifteen (15) days from the Union representative is not present. If an employee desires Union representation, date of the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreementwritten decision of the Town Manager.
4.3 E. In the event that an employee believes there is a basis for a grievance he/she shall first discuss is appealed to arbitration as provided in the alleged grievance with foregoing section, the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be presentparties may, within ten (10) working days of the alleged violation notice of appeal to arbitration, mutually agree upon a single neutral arbitrator or within ten (10) working days following agree to utilize the time when services of the employee responsibly should have gained knowledge Maine Board of its occurrenceArbitration and Conciliation. Any adjustment reached in In the informal discussion shall be consistent with the terms absence of this Agreement. If, after informal discussion with the facility manager, a grievance existsmutual agreement, the grievant(s) must initiate the following formal grievance procedure Union shall within five (5) working days from submit a written demand for grievance arbitration with the date American Arbitration Association. The arbitration shall be in accordance with the Rules and Regulations of the informal conference specified abovechosen Board or Association.
F. The arbitrator(s) shall be requested to issue a decision within thirty (30) days after the hearing and argument has been declared closed. When requested The arbitration decision shall be final and binding upon the parties, subject to appeal as provided by law. The arbitrator shall have no authority to add to, subtract from or modify this collective bargaining agreement.
G. The expenses of the arbitrator shall be shared equally by the employee, a Union representative Town and the Union.
H. Time limits may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelinesextended by mutual written agreement.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with Section 1. The grievance procedure shall apply to the terms provisions of this Agreement or School Board Policy and to administrative practices and policies of the District directly affecting the employees covered by this Agreement.
Section 2. No employee shall be discharged without just cause. The Superintendent of Schools shall provide a written statement of cause of dismissal. Violation of this Agreement by an employee may be regarded as cause for discharge.
Section 3. In the event an employee is dissatisfied with a ruling submitted to him by his immediate supervisor, or if there is any difference of opinion or dispute between the employer and the employee regarding the interpretation or operation of this Agreement, the following procedure will be followed:
a. A written grievance must be filed with the employee grievance committee and a copy sent to his immediate supervisor within seven (7) days after knowledge of the occurrence of the act which resulted in the grievance. Failure to file a grievance, as provided, will relieve the employer of all financial obligation and responsibility concerning the complaint.
b. Should a grievance arise, an attempt will be made to settle such dispute, between the authorized representative of the Union and the Superintendent or Superintendent’s Designee. If a satisfactory solution is not reached by these parties within five (5) working days, then the representative of the Union and the Superintendent of Schools will attempt to adjust the grievance. They shall have five (5) working days to reach an agreement unless, by mutual consent, a longer period is agreed upon.
c. In the event the representatives of the Union and the Superintendent of Schools cannot adjust the grievance within the time provided, the matter shall be referred to the Board of Education for review. The employee, accompanied by two (2) people of his choice, the involved personnel, and the Board will meet in committee session to hear the grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative settlement is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, reached within ten (10) working days days, the service of an arbitrator from the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion Illinois Education Relations Labor Board facilities shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, used to bring about a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be presentsettlement. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form arbitrator's ruling will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fivebinding.
Appears in 2 contracts
GRIEVANCE PROCEDURE. 4.1 Any claim by A. A grievance means a dispute between the Association or an individual employee, and the City concerning the effect, interpretation, application, claim of breach or a group of employees, that there has been misinterpretation or misapplication of any provision violation of this written agreement or School Board Policy that affects educational support personnel's wages, hoursagreement, or terms of the rules and conditions of employment which is inconsistent with regulations established by the terms of this Agreement or School Board Policy shall City.
B. Grievances involving suspension, reductions and terminations may be a grievance. If processed either through the grievance involves any procedure as provided hereinafter, or as provided under Act 78 of the rights granted to Public Act of Michigan of 1935, as amended but not both. Grievances taken through the Union, Act 78 procedure cannot be taken through the grievance may be filed by procedure, unless the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appealsAct 78 Police and Fire Civil Service Commission, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representationCircuit Court, rules that the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought dispute is not within the jurisdiction of Act 78.
C. The Union will submit a grievance to arbitration only after final approval by the facility managerPresident and Union Body. In no event shall an individual be permitted to invoke arbitration in this Agreement.
D. The grievance procedure contained in this Agreement shall be the exclusive grievance for all members of the bargaining unit. A grievance shall be resolve according to the following procedure. The City and Union agree that City observed holidays and official closings are exempt from filing/response timelines.
E. Resolutions or agreements shall be maintained in writing and distributed to the Human Resources Department and the Union.
F. Any grievance filed shall be signed by at least one elected officer of the local union.
1. A grievance shall be communicated orally, within seven (7) business days, to the shift commander on duty at the time the grievance arose.
2. Within two (2) business days after the oral communication, the grievant may file shift commander shall determine an answer, either alone or in consultation with his/her superiors, and communicate the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from answer to the Union and copy the aggrieved employee. (Every possible effort should be made to settle minor complaints at this step).
1. If the grievance is not resolved at STEP 1 the aggrieved employee, or his/her representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing or both shall, within five (5) work days business days, present the grievance in writing indicating the facts and the sections of the contract believed to have been violated to the Chief of the department.
2. Within three (3) business days after receipt of the formal written grievance. The facility manager will then have five, the Chief of the department shall present to the Union a written answer, with a copy to the aggrieved employee.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or a group of employees, that there has been misinterpretation or misapplication of any provision A. GENERAL PROVISIONS
68 1. Grievances within the meaning of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms grievance procedure and conditions arbitration clause shall consist only of employment which is inconsistent with disputes arising under and during the terms life of this Agreement or School Board Policy and which pertain to the alleged violation of the Agreement’s express written terms and conditions.
69 2. Written grievances as required herein shall contain the following:
70 a. it shall be signed by the grievant(s) and, where appropriate, the Association President;
71 b. it shall contain a grievance. If the grievance involves any synopsis of the rights granted facts giving rise to the Unionalleged violation, including its date of occurrence;
72 c. it shall cite the specific clause(s) of the Agreement alleged to have been violated; and,
73 d. it shall specify the relief requested. 74 Any written grievance not in accordance with the above requirements may be filed by rejected as improper. Such a rejection shall not extend the Union directly to Step IItime limitations hereinafter set forth.
4.2 The grievant(s) 75 3. No matter shall be allowed to appoint a Union representative, at no cost subject to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally Grievance Procedure unless it is presented and no in writing by an aggrieved employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation date the employee or the Association became aware, or reasonably should have become aware of the action complained of. If no grievance is presented in that time the grievance is barred.
76 4. If the Association fails to appeal a Step I, Step II, or Step III answer, in writing, within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached provided in the informal discussion Grievance Procedure, or any mutually agreed extension of such time, the University’s Step I, II, or III answer shall be consistent with considered final.
77 5. If the University fails to answer the grievance, in writing, within the time provided in the Grievance Procedure, or any mutually agreed extension of such time, the grievance shall be advanced to the next step of the Grievance Procedure.
78 6. If a grievance involves more than one (1) employee or the Association or University believe the processing of a grievance through Step I and II of the Grievance Procedure to be clearly inappropriate, either party may submit a request to the other party to process the grievance commencing at Step III of the Grievance Procedure and, by mutual agreement, the grievance may be so processed.
79 7. No employee or group of employees, other than the Association, shall have the right to initiate an arbitration proceeding hereunder.
80 8. The resolution of a grievance at Step II or III shall not add to, subtract from, or modify the terms of this AgreementAgreement unless done so in writing and approved by the Director of Labor Relations and HRBP Services and the Association President. If, after informal discussion with Any agreement reached between the facility manager, a grievance existsUniversity and the Association shall be binding on the Association, the grievant(s) must initiate the following formal grievance procedure within five (5) University, and affected employees.
81 9. For purposes of computing working days from the date of the informal conference specified above. When requested by the employeepursuant to this Article, a Union representative may Saturdays, Sundays, holidays, seasonal days, energy savings days and University shutdown days shall be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelinesexcluded.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim A. To provide for the expeditious and mutually satisfactory settlement of grievances, the following procedure shall be used:
1. With regard to employees, the term "grievance" as used herein means an appeal by an employee, individual employee or a the Group on behalf of an individual employee or group of employees, that there has been misinterpretation from the interpretation, application or misapplication violation of any provision terms and conditions of this written agreement Agreement, policies, agreements, and administrative decisions affecting them but excluding any non-negotiable managerial prerogative. With regard to the Township, the term "grievance” as used herein means a complaint or School Board Policy that affects educational support personnel's wagescontroversy arising over the interpretation; application or alleged violation of the terms and conditions of this Agreement.
2. With respect to employee grievances, hoursno grievance may proceed beyond Step One herein unless it constitutes a controversy arising over the interpretation, application or alleged violation of the terms and conditions of this Agreement. Disputes concerning terms and conditions of employment which controlled by statute or administrative regulation, incorporated by reference in this Agreement, either expressly or by operation of law, shall not be processed beyond Step One herein but it is inconsistent with the terms understood may be pursued in an appropriate administrative or .judicial forum as provided by law.
3. Employees who file grievances or on whose behalf grievances are filed will be permitted to attend grievance and arbitration proceedings without loss of this Agreement or School Board Policy shall pay. Employees who are called as witnesses during arbitration proceedings will be a grievancepermitted to attend such proceedings without loss of pay. Grievance meetings and arbitration hearings will be conducted during normal working hours. If a meeting or hearing continues past the grievance involves any normal work day by agreement of the rights granted parties, employees in attendance will not be entitled to overtime pay. If any employee attends a grievance meeting or arbitration hearing on the Union, day the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representationscheduled to work, the employee shall will not be responsible for requesting such representationentitled to pay or overtime.
4. Additional representation Upon written request of the Group, information and records of use to the Group in representing members of the Group will be provided by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, Township within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) 7 working days from receipt of such request, to the date of the informal conference specified aboveextent practical. When requested by the employeeIf such records contain confidential information, a Union representative those confidential portions may be presentredacted. The aggrieved may withdraw a grievance at Group retains the right to challenge any step redaction in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelinesappropriate forum.
Step I B. The Procedure for settlement of grievances as defined in A formal written grievance must above shall be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveas follows:
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim A. Grievances will be presented by an employeethe grievant or Association representative. Grievances will be filed with the principal or appropriate Board representative. Only those claims by a bargaining unit member concerning a violation, or a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement Agreement may be processed as a grievance as provided herein. The following matters shall not be the basis of any grievance filed under the procedure outlined in this Article:
1. The termination of probationary employees ornon-renewal of probationary employees.
2. Any matter involving employee evaluation.
B. LEVEL I: The Association representative or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent grievant will file any grievances in writing with the terms principal or other designated board representative within ten (I 0) school calendar work days after the occurrence or knowledge thereof. The grievance will be waived if it is not presented in writing within the ten (I 0) school calendar work days. Timelines at each of the levels may be extended by mutual agreement. Written grievances shall be presented on the form set forth in Appendix B of this Agreement or School Board Policy and shall contain the following:
1. It shall be signed by the grievant or grievants, or the Association.
2. It shall be reasonably accurate.
3. It shall contain a grievance. If the grievance involves any synopsis of the rights granted facts giving rise to the Union, the grievance may be filed by the Union directly to Step IIalleged violation.
4.2 The grievant(s) 4. It shall be allowed cite the section or subsections of this contract alleged to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has have been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreementviolated.
4.3 In the event that an employee believes there is a basis for a grievance he/she 5. It shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from contain the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelinesalleged violation.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager6. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which It shall specify the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step requested.
C. Within ten (I hearing within five (50) school calendar work days of the receipt of the formal grievance, the principal (immediate supervisor) or designated representative of the Board shall meet with the Association in an effort to resolve the grievance. Affected bargaining unit members may or may not be present at such meeting. The facility manager will then principal or designated representative of the Board shall have fiveten (I 0) school calendar work days from the meeting to provide a disposition.
Appears in 1 contract
Sources: Master Agreement
GRIEVANCE PROCEDURE. 4.1 Any A. A grievance is a claim by an employeeemployee that he/she has sustained a loss or injury due to a violation, or a group of employees, that there has been misinterpretation or misapplication of any provision provisions of this written agreement or School Board Policy that affects educational support personnel's wagesagreement, hourspolicies, or administrative decisions affecting the terms and conditions of employment which is inconsistent with the terms of this Agreement an employee or School Board Policy shall be a grievance. If the grievance involves any group of the rights granted to the Union, the grievance may be filed by the Union directly to Step IIemployees.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which B. Any employee who has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance it with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, Superintendent within ten (10) working five school days of the alleged violation or within ten (10) working days following in an attempt to resolve the time when matter informally at that level.
C. If after informal discussion with the Superintendent, the employee responsibly should have gained knowledge is not satisfied, within five school days after the discussion he/she will set forth the grievance in writing, specifying:
1. All dates (date of its occurrence, date of filing, date of prior decision, date of appeal, etc.)
2. Any adjustment reached A description of the incident or alleged violation giving rise to the grievance.
3. Identification of the specific provision(s) of the agreement, specific board policy, and/or specific administrative decision involved.
4. The specific remedy sought by the grievant(s).
5. The outcome from the prior level in the informal discussion procedure, if any.
D. The Superintendent will communicate his/her decision to the employee in writing, within five school days after receipt of the written grievance.
E. If the employee is not satisfied, within five school days he/she may request a hearing by the Board (or committee of the Board for hearing purposes). Such request shall be consistent submitted through the administrator who will attach all related papers. The Board (or Board committee) shall grant a hearing within twenty (20) calendar days and a written decision shall be given by the full Board within fifteen (15) calendar days after the next regular scheduled Board meeting. The grievant shall be entitled to a representative of his/her choice.
▇. ▇▇▇▇▇▇▇ to respond within the timelines would constitute abandonment of the grievance and acceptance of the decision rendered at the last level, if any.
▇. ▇▇ reprisals of any kind shall be taken by the Board or any member of the Administration against any employee or representative by reason of participation in the grievance procedure.
H. For the life of this Agreement, any plaintiff, and all others covered by this Agreement, will continue in performance of all their usual teaching and other duties in the usually accepted manner. The following pertains only to grievances involving the express written provisions of this agreement. Arbitration shall not be available, except as mandated by law, for grievances involving any of the following matters:
A. The non-renewal of a non-tenured staff member;
B. Any matter for which an alternative appeals procedure is provided;
C. Statutory and/or regulated terms and conditions of employment;
D. Alleged violations of Board policies or administrative decisions. If the aggrieved person is not satisfied with the disposition of his/her grievance at the Board level, or if no decision has been rendered within thirty (30) calendar days after the grievance was delivered to the Board of Education, he/she may, within five (5) calendar days after the decision by the Board or forty (40) calendar days after the grievance was delivered to the Board, whichever is sooner, request in writing that the Association submit the grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within fifteen (15) calendar days after receipt of a request by the aggrieved person. Within twenty (20) calendar days after such written notice of submission to Arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable Arbitrator and shall obtain a commitment from said Arbitrator to serve. If the parties are unable to agree upon an Arbitrator or to obtain such a commitment within the specified period, a request for a list of Arbitrators may be made to American Arbitration Association by either party. The parties shall then be bound by the rules and procedures of AAA in the selection of an Arbitrator. The Arbitrator so selected shall confer with the representatives of the Board and the Association and hold hearings promptly and shall issue his/her decision not later than twenty (20) days from the date of the close of the hearings, or if oral hearings have been waived, then from the date that the final statements and proofs on the issues are submitted to him/her. The Arbitrator’s decision shall be made in writing and shall set forth his/her findings of fact, reasoning and conclusions on the issues submitted. The Arbitrator shall be without power or authority to: add to or otherwise modify this agreement; make any decision which violates the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date The decision of the informal conference specified above. When requested by the employee, a Union representative may Arbitrator shall be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility managerBoard and the Association and shall only be advisory. In The cost for the event the remedy sought is not within the jurisdiction services of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may Arbitrator shall be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveborne equally by both parties.
Appears in 1 contract
Sources: Negotiated Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be a grievanceLevel 1. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee a teacher believes there is a basis for a grievance grievance, he/she shall first discuss the alleged grievance with his/her Building Principal or other appropriate administrator either personally or accompanied by a Union Representative.
Level 2. All grievances must be filed within fifteen (15) days of first occurrence. The Board shall have no financial liability for any previous fiscal year. Level 2 shall be deemed to have commenced when a written complaint is filed with the facility manager office of the Building Principal or the Superintendent if the grievance is outside the jurisdiction of the Building Principal. The number of days indicated in each level as set forth below is considered to be a maximum, and the failure of a teacher to proceed to the next step of the Grievance Procedure within the time limits as set forth shall be deemed to be an acceptance of the decision previously rendered and shall constitute a waiver of any future appeal concerning the particular grievance. The failure of an administrator, at any step, to communicate his/her decision to the teacher within the specified time limits shall permit the teacher to proceed to the next level. In Level 2, the grievance must be reduced to writing on a form as set forth in "Appendix E". A copy shall be delivered to the Principal. If the grievance involves more than one (1) school building, it may be filed with the Superintendent or a representative designated by him. Within five (5) days of receipt of the grievance, the Principal or Superintendent shall meet with the representatives of the Association in an effort to resolve the grievance. There shall be no more than three (3) representatives on either the administrative or association team. The Principal or Superintendent shall indicate the disposition of the grievance in writing within three (3) school days of such meeting and shall furnish a copy thereof to the Association. Specialists shall be at the table only by mutual agreement. In the event a grievance is not satisfactorily resolved at ▇▇▇▇▇ ▇, the Association or the grievant may process the grievance to Level 3. Grievances involving more than one (1) building, or outside the jurisdiction of a Building Principal, may be transmitted directly to the Superintendent or his designee for initial processing at Level 3. Grievances submitted directly to the Superintendent for processing at Level 3 must be filed within fifteen (15) days of their first occurrence.
Level 3. Upon receipt of a grievance by the Superintendent's Complex, Level 3 will be said to have commenced. Within five (5) days of receipt of said grievance, the Superintendent shall meet with the Association to discuss and attempt resolution. There shall be no more than four (4) representatives on the administration or association side. The Superintendent will indicate his disposition of the grievance, in writing within three (3) days of such a department constitutes meeting and shall furnish a facility.)copy thereof to the Association. Specialists shall be at the table only by mutual agreement. If the Superintendent does not satisfy the Association with the disposition of the grievance, at which a representative or if no disposition has been made within the period above provided, the grievance may be presenttransmitted to Level 4. If the Association decides to proceed to Level 4, it must within ten (10) working days of the alleged violation last meeting at ▇▇▇▇▇ ▇, deliver to the Superintendent a copy of the Association's request for arbitration to the American Arbitration Association (AAA).
Level 4. Level 4 shall consist of submitting the grievance to arbitration. Either party may bring in outside Specialists. Neither party shall be permitted to insert any issues that have not been brought forth by the end of ▇▇▇▇▇ ▇, substantiating documents or within testimony of expert witnesses being exempted. The procedures set forth herein may be invoked only by the formal action of the President of the Association. The arbitrator may be a person mutually selected and agreeable, but if none is so selected and agreeable, he/she shall be selected by the parties from a list of seven (7) names furnished in accordance with the rules of the AAA either by mutual agreement or from which list each party shall be permitted to strike alternately three (3) names, with the requesting party striking first, and the remaining arbitrator shall thereupon be accepted. Upon receipt of the list of seven (7) names, the parties will meet no later than ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified said receipt and will select an arbitrator as described above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not of either party failing to meet and select an arbitrator within the jurisdiction prescribed time limits, or in the event of a refusal by either party to submit or to appear at the facility managerarbitration hearing, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative arbitrator shall have jurisdiction to proceed ex parté and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fivemake an award.
Appears in 1 contract
Sources: Master Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by 19:01 The parties to this Agreement recognize the desirability for prompt resolution of grievances through an employeeorderly process without stoppage of work or refusal to perform work.
19:02 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation, or a group alleged violation of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms an article of this Agreement or School Board Policy a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties;
(b) The dismissal, suspension, demotion or written reprimand of an employee. The above categories of grievances can be processed up to and including Step 3 of the Grievance Procedure.
19:03 Notwithstanding Section :02, an employee may complain or grieve on any unsatisfactory working condition up to and including Step 2 of the Grievance Procedure. The decision at Step 2 shall be final for such grievances.
19:04 Where a grievance. If grievance has been initiated and the nature of the grievance involves any is such that it has or potentially could have widespread application affecting a number of employees; and where as a result the Union deems it impractical that each affected employee grieve separately the Union shall have the right to present a group grievance on those matters as defined in Section :02 (a). A group grievance shall be presented directly to the Chief Executive Officer of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager Corporation within twenty (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (1020) working days following the time when date upon which the employee responsibly should have gained knowledge employee(s) were notified orally or in writing, or on which the employee(s) first became aware of its occurrencethe action giving rise to the grievance.
(a) Where either party to this Agreement disputes the general application, interpretation or alleged violation of an article of this Agreement or an approved written policy respecting conditions of employment, either party may initiate a policy grievance. Any adjustment reached in Such grievances initiated by the informal discussion Union shall be consistent with made to the terms Chief Executive Officer of this Agreement. Ifthe Corporation and such grievances initiated by the Corporation shall be made to an Executive Officer of the Union, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure and in either case shall be within five twenty (520) working days from the date either party became aware of the informal conference specified aboveaction giving rise to the grievance.
(b) Where the parties fail to resolve a grievance under Subsection :04 or :05 (a), either party may refer the grievance to Step 3 of the Grievance Procedure. When It is agreed and understood that grievances which have been submitted and dealt with as individual grievances may not subsequently be submitted as a policy grievance.
(c) Notwithstanding Section :07 a grievance filed under Subsection :05 (a) shall not require the signature of an employee.
19:06 If an employee or the Union fails to initiate or process a grievance within the prescribed time limits, the grievance will be deemed to be abandoned and all rights of recourse to the Grievance Procedure for that particular grievance shall be at an end. If management fails to reply to a grievance within the prescribed time limits, the employee or the Union may process the grievance to the next step. Either party may request an extension of the time limits providing such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
19:07 Wherever possible, the grievance shall be presented on the Official Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an article of the Agreement, such article shall be so stated in the grievance. The Grievance shall be signed by the employeeemployee and may be clarified at any step providing its substance is not changed. Except for failure to meet the time limits, a Union representative may grievance shall not be presentdeemed to be invalid if it is not written on the Official Grievance Form or for failure to quote the Article in dispute.
19:08 It is mutually agreed that an effort shall be made to resolve complaints through discussion before a written grievance is initiated. The aggrieved employee shall have the right to have a representative present at such a discussion. When a grievance cannot be presented in person at any step, it may be transmitted by registered mail.
19:09 An employee has the right to representation by a Union ▇▇▇▇▇▇▇ and/or Union representative at any step of the Grievance Procedure.
(a) Within twenty (20) working days after the date upon which the employee was notified orally or in writing, or on which the employee first became aware of the action or circumstances giving rise to the grievance, the employee shall present the grievance with the redress requested to the Vice President or designate.
(b) The Vice President or designate shall sign for receipt of the grievance and if the nature of the grievance is such that they are authorized to deal with it, they shall issue a decision in writing to the employee and to the Union within fifteen (15) working days.
(c) The Vice President or designate may hold a hearing to discuss the grievance with the employee and the employee’s representative before giving a decision on the grievance.
(d) If the nature of the grievance is such that a decision cannot be given below a particular level of authority, the Vice President or designate shall forward the grievance to the appropriate authority at the appropriate step of the Grievance Procedure and so inform the employee and the Union. The time limits and the procedures of the appropriate step shall then apply.
(e) The Corporation official may discuss the grievance with the employee and their Union representative before giving a decision of the grievance.
(a) If the grievance is not resolved satisfactorily at Step 1, the employee shall have the right to submit the same grievance and the redress requested to the Chief Executive Officer of the Corporation or designate within fifteen (15) working days of the receipt of the decision at Step 1.
(b) The Chief Executive Officer or designate shall sign for receipt of the grievance and issue a decision in writing to the employee and to the Union within fifteen (15) working days of receipt of the grievance.
(c) The Chief Executive Officer or designate may hold a hearing to discuss the grievance with the employee and the Union representative before giving a decision on the grievance.
Step 3 Where the decision of the Chief Executive Officer or designate at Step 2 does not satisfactorily resolve the grievance, the same grievance and redress requested may be submitted to arbitration in accordance with Article 20:01, providing the category of grievance is such as is defined in Section :02 of this Article. The decision of the Arbitration Board shall be final and binding for all such grievances. All grievances require approval of the Union prior to being processed to arbitration.
19:10 Subject to Section :09 Step 3, an employee or the Union may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance/arbitration procedure by giving written notice to the Corporation. An employee may abandon a grievance by not processing it within the prescribed time limits.
19:11 A grievance arising from a selection dispute or from the expiration demotion, suspension or dismissal of an employee shall be initially presented at Step 2 of the disposition timelinesGrievance Procedure.
Step I A formal written grievance must be filed 19:12 The rejection of a new employee on the specified grievance form and submitted to the facility manager. In the event the remedy sought probation is not within the jurisdiction arbitrable.
19:13 Classification disputes shall not be channelled through Step 1 and 2 of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveGrievance Procedure.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim If an employee covered by this Agreement should bring forth an issue or concern in the workplace, the employer shall make every effort to address and resolve the matter through direct and forthright communication between the affected employee, or a group of employeesthe employee’s immediate supervisor, that there has been misinterpretation or misapplication of any provision and/or other management personnel as appropriate. The intent of this written agreement grievance procedure is to provide a more collaborative approach to problem solving whereby the parties rely on a collaborative effort to gather information and work towards a consensus resolution of the issue.
A. Chain of Command Informal Step Within seven (7) calendar days of the event from which the grievance arose, the aggrieved employee may, with or School Board Policy that affects educational support personnel's wageswithout Union representation, hours, or terms and conditions of employment which is inconsistent initiate a verbal grievance with the terms employee’s immediate supervisor or manager. Within seven (7) calendar days, the immediate supervisor or manager shall verbally notify the employee of this Agreement or School Board Policy shall be a grievancethe response. If the grievance involves any of employee, the rights granted Union representative if applicable, and manager mutually agree in writing to the Unionwaive this step, the grievance may be filed by directly with the Union directly to Step IIDepartment Director within seven (7) calendar days of such waiver.
4.2 The grievant(sStep I: Department Director Level Within fifteen (15) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working calendar days from the date the grievance arose or within seven (7) calendar days of receipt of the informal conference specified aboveresponse from the immediate supervisor or manager, whichever is sooner, an employee, and/or the Union representative if applicable, may file a written appeal to the employee’s Department Director, or designee. When The written grievance at this step, and at all steps thereafter, shall contain the following information:
1. A statement of the grievance including date of occurrence, facts, and details upon which the grievance is based;
2. The Article and Section of this Agreement alleged to have been violated;
3. The action, remedy, or resolution requested by the employee, a ;
4. The signature of the aggrieved employee and Union representative may be presentif applicable; and
5. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelinesdate submitted.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any Section 1. A claim by an employee, employee or a group of employees, the exclusive representative that there has been a violation, misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step IIprocessed as a grievance as hereinafter provided.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not presentSection 2. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 Level I: In the event that an employee or the ACE Executive Board believes there is a basis for a grievance, the grievant and / or ACE Executive Board is to submit a written copy of the grievance he/she shall first discuss on the District grievance form to the Executive Director of Human Resources, within twenty (20) days of the occurrence of the alleged grievance grievance. A District representative will meet with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, grievant within ten (10) days and render a decision in writing within five working days of the alleged violation or within ten (10) working days following meeting. A copy of the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached decision will be placed in the informal discussion shall be consistent grievant's file.
Section 3. Level II: In the event the grievant and / or ACE Executive Board is not satisfied with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance existsdecision rendered at Level I, the grievant(s) must initiate grievant and / or ACE Executive Board may appeal, in writing, to the following formal grievance procedure Executive Director of Human Resources within five (5) working days from after the date decision in Level I has been rendered and disseminated. Within ten (10) working days upon receipt of the informal conference specified aboveappeal, the Executive
Section 4. When requested Level III: If the employee is not satisfied with the disposition of the grievance by the employeeExecutive Director of Human Resources, a Union representative the alleged grievance may be presentsubmitted to arbitration. Notification of dissatisfaction shall be made, in writing, to the Executive Director of Human Resources within ten (10) days after his/her decision has been rendered. The aggrieved may withdraw a grievance at any step in dispute will be submitted to an arbitrator selected and agreed upon by both parties. If the adopted procedure. Appeals to Step I and Step II must be filed parties cannot agree upon an arbitrator within five (5) working calendar days following from the disposition notification date that arbitration will be pursued, the P.E.L.R.A. Board, in accord with its rules, shall govern the arbitration proceeding. The arbitrator shall have no power to alter, add to or subtract from the express terms of this contract. Both parties agree to be bound by the award of the arbitrator. The fees and expenses of the arbitrator shall be shared equally by the parties.
Section 5. The employee shall have a right to an ACE Executive Board representative either join or represent the employee at any level.
Section 6. If a grievance is not presented or transmitted within the time limits set forth above, it shall be considered "waived." The time limit in each step may be extended by mutual written agreement of the parties.
Section 7. Notwithstanding the expiration of this Agreement, any claim or grievance arising thereunder may be processed through the disposition timelinesgrievance procedure until resolution.
Step I A formal written Section 8. No reprisals of any kind will be taken by the School Board or the school administration against any employee because of participation in this grievance.
Section 9. When mutually agreed, grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be grantedheard during the school day. Such form will The School Board agrees to pay the regular salary for up to three (3) employees per grievance who participate in a grievance during the school day. Additional employees up to seven (7) per grievance may be available for grievances held during the school day at no pay from the Union representative and will be available on the District websiteDistrict.
Section 10. The facility manager will schedule and conduct Executive Director of Human Resources may appoint a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fivedesignee to act in his / her stead at Level II.
Appears in 1 contract
Sources: Master Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim A grievance shall be defined as any dispute arising out of interpretation, application or alleged violation of the Agreement. An ▇▇▇▇▇▇▇ effort shall be made to settle grievances fairly and equitably in the following manner, however, nothing in this Agreement shall preclude the Employer or the Union from mutually agreeing to settle a dispute by an employeeany means other than those described in the following grievance procedures without prejudice to their respective positions. Local Union representatives, or a group upon request to their immediate supervisor and subject to operational requirements, shall be granted necessary time off without loss of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent pay to meet with the terms Employer for the purpose of this Agreement or School Board Policy processing grievances. Such permission shall not be unreasonably withheld. Within twenty-one (21) days after the cause of a grievancegrievance occurs the grievor shall attempt to resolve the dispute with her immediate supervisor. If In the event of a grievance involves any originating while an employee is on approved leave of absence from work such grievance must be lodged within fourteen (14) days of return. Following the rights granted to meeting with the Unionimmediate supervisor, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented grievor and no employee may be required to discuss any grievance if the Union representative is not presentmay, within seven (7) days submit the grievance in writing to the Employer/Director or designate. If an employee desires Union representation(Step 1). Failing settlement of the grievance within seven (7) days after submission under Article I 19:05, the Union may within the ensuing ten (10) days submit the grievance in writing to the Human Resources Director (rural) / Community Director (WRHA) or designate who shall, within seven (7) days after the receipt of the grievance, render a decision in writing. (Step 2). An employee shall claiming to be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for discharged or suspended without just cause may submit a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, Step 2 within ten (10) working days of the alleged violation date the employee becomes aware of the action directly to the Human Resources Director (rural) / Community Director (WRHA) or designate. If a dispute involving a question of general application or interpretation occurs and affects a group of employees, the Union or the employees may submit the grievance directly to the Human Resources Director (rural) / Community Director (WRHA) or designate. An employee may choose to be accompanied by a local Union representative at any stage of the grievance procedure. Arbitration Procedure Within ten (10) days after receiving Human Resources Director (rural) / Community Director (WRHA) or designate’s reply and failing a satisfactory settlement, either party may refer the dispute to arbitration by giving notice to the other party in writing. Union approval is required to submit any Union grievance to arbitration. The board shall determine its own procedures but shall provide full opportunity to all parties to present evidence and make representations. The board shall hear and determine the differences or allegations and render a decision within ten (10) working days from the time it holds its final meeting. Unless both parties agree to a sole arbitrator within seven (7) days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached matter being referred to arbitration, each party shall in the informal discussion next seven (7) days give notice to the other party in writing naming its nominee to the arbitration board. The parties hereto agree that an employee of the Regional Health Authority and a staff member of the Manitoba Government and General Employees’ Union shall not be eligible for appointment as a member of the Arbitration Board or to act as a member of the Arbitration Board. The two (2) named members of the board shall within ten (10) days name a third member of the board who shall be consistent chairperson. In the event of a failure to agree to a third person, the Minister of Labour for the Province of Manitoba shall be requested to appoint a third member. The arbitration board or the sole arbitrator shall not be empowered to make any decision inconsistent with the terms provisions of the Agreement or to modify or amend any portion of this Agreement. If, after informal discussion with The decision of the facility manager, a grievance existsmajority or the sole arbitrator shall be the decision of the board. Where there is no majority decision, the grievant(s) must initiate decision of the following formal grievance procedure within chairperson shall be the decision of the board. The decision of the board of arbitration or the sole arbitrator shall be final and binding and enforceable on all parties and may not be changed. Within five (5) working days from the date of receipt of the informal conference specified aboveaward, should the parties disagree as to the meaning of the decision of the board or the sole arbitrator either party may apply to the chairperson of the board of arbitration or sole arbitrator to reconvene. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within Within five (5) working days following the disposition board of the grievance arbitration or the expiration of sole arbitrator shall reconvene to clarify the disposition timelinesdecision.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim A. Grievance Definition and Applicability A grievance is a complaint filed by an employee, assistant or a group of employees, that there has been misinterpretation assistants (grievant(s)) alleging a violation by the University pertaining to the grievant of a specific provision or misapplication of any provision provisions of this written Agreement. Every assistant covered by this agreement shall have the right to present grievances in accordance with these procedures, with or School Board Policy that affects educational support personnel's wageswithout representation. Assistants must be currently enrolled, hours, or terms and conditions of employment which is inconsistent with the terms exception of this Agreement or School Board Policy shall be summer semester, to file a grievance. If the grievance involves any is “common” to employees employed in more than one (1) department covered under this Agreement or if the grievance is of an issue whereby the Unit Executive Officer (or designee) and/or ▇▇▇▇ (or designee) do not have authority to give the employee satisfactory redress to the grievance, the union may file or the University may require that a grievance be filed at Level 3. When a grievance is filed at Level 3 of the rights granted grievance procedure the department(s) will receive a copy of the grievance from the union. The Associate ▇▇▇▇▇▇▇ for Human Resources or his/her/their designee retains the right to remand the Uniongrievance to Level 1 or Level 2 if he/she/they determines that the union has misapplied the foregoing procedural requirements in filing a grievance at Level 3. If a grievance has been filed at an inappropriate level, the Union may refile the grievance may be filed by at the Union directly to Step II.
4.2 The grievant(sappropriate level and must do so within twenty (20) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working business days from the date of notice from the informal conference specified aboveAssociate ▇▇▇▇▇▇▇ for Human Resources or his/her/their designee. When requested The words “business days” for purposes of the Article shall mean Monday through Friday, excluding official and campus designated holidays. Any individual assistant or group of assistants may at any time present grievances to the University and have them adjusted without the representation of the Union as long as the adjustment is not inconsistent with the terms of the collective bargaining agreement then in effect and provided that the Union has been given an opportunity to be present at such adjustment. An assistant who participates in the grievance procedure shall not be subject to discipline or reprisal because of such participation. Meetings, conferences and hearings under this procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses to attend and which respects the assistant’s coverage responsibility under Article XVII, Section G. All records of grievances will be kept separate from the official personnel file maintained by the employee, a Union representative University’s campus Labor and Employee Relations Office. The time limits specified in this procedure may be presentextended in any specific instance by mutual agreement in writing. The aggrieved may withdraw a grievance at any Any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance procedure may be waived by mutual agreement in writing. A request for an extension of time or waiver of a level within the expiration Grievance Procedure shall be addressed to the Associate ▇▇▇▇▇▇▇ for Human Resources for the University or to the Grievance Officer of the disposition timelinesUnion.
Step I A formal written B. Time Limits Failure to file a grievance must be filed within twenty (20) business days following an occurrence on which the specified grievance form and submitted is based shall constitute a waiver of the grievance. Failure to the facility manager. In the event the remedy sought is not appeal a grievance from one level to another within the jurisdiction time periods hereafter provided shall constitute a waiver of the facility managerright to appeal a grievance. If the University fails to respond to a grievance within the applicable time limit, the grievant may file appeal the Step I grievance at to the lowest level at which next level. By mutual agreement, the relief parties may be granted. Such form will be available from the Union representative extend in writing any and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveall time limits.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employeeA grievance is hereby defined as a dispute concerning the meaning or application of this Agreement. A grievance must be initiated within fifteen (15) working days that the employee knew or should have known of the events giving cause to the grievance. In the event of a grievance involving discharge, the procedure shall start at Step 3. Working days shall be defined as a day other than a Saturday, Sunday, or a group of employees, that there has been misinterpretation or misapplication of any provision of Holiday provided by this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be a grievanceAgreement. If the grievance involves any of the rights granted to the Union, the grievance Grievances may be filed and processed through the procedure outlined herein.
Step 1. Prior to filing a formal written grievance, the employee having a grievance must attempt to meet with the immediate supervisor or human resources to attempt to mutually resolve the matter. The employee may choose to be accompanied by a Union Worksite Leader at this or any subsequent step in the grievance procedure. The employee’s supervisor shall respond to the grievance no later than five (5) working days after the meeting.
Step 2. If a satisfactory settlement is not reached in Step 1, the employee, Worksite Leader, or Union representative shall reduce the grievance to writing and present it within five (5)
Step 3. If a satisfactory settlement is not reached in Step 2, the Worksite Leader, employee and/or Union representative shall present the written grievance to the Director of Nursing within five (5) working days following the response in Step 2 (or by the Union directly end of the seventh (7th) working day following the date upon which the employee is discharged). The Director of Nursing shall convene a meeting to Step II.
4.2 The grievant(s) shall be allowed to appoint a include the employee, Worksite Leader and/or Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or and such other proceedings relative to any grievance which has been formally presented and no employee persons as may be required necessary to discuss any grievance if resolve the Union representative is not presentgrievance, as soon as possible. If an employee desires Union representation, the employee The Director of Nursing shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is provide a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or written decision within ten (10) working days following the time when meeting.
Section 2. In the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached event the grievance (as defined in Section 1) has been timely processed through the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance existsspecified procedure and remains unsettled, the grievant(s) must initiate Union shall have the following formal grievance procedure right at any time within five fourteen (514) working days from the date days, following receipt of the informal conference specified aboveHospital’s Third Step answer to file for arbitration. When requested If notification of arbitration is not received by email, fax, or Certified Mail by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed Hospital within five fourteen (514) working days following the disposition Hospital’s answer to Step 3, the grievance shall be considered settled, and the employee and the Union shall have no further recourse over that grievance. The Union shall send a request for arbitration to the Wisconsin Employment Relations Commission within forty-five (45) calendar days following the receipt of the grievance Step 3 decision. The parties may mutually agree to use an alternative arbitrator or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility managerarbitration service. In the event the remedy sought is not within the jurisdiction parties are proceeding with WERC, a panel of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days arbitrators will be requested and the grieving party shall have the first strike.
Section 3. The sole authority of the receipt arbitrator is to render a decision as to the meaning or application of this written contract with respect to the dispute. Each arbitration proceeding shall be held at such place and at such time as shall be mutually agreed upon by the Hospital and the Union and if they cannot agree, then the arbitrator shall designate the place and time. At any time before the commencement of the formal grievancehearing, either party may demand that the proceedings be recorded by a court reporter, in which case the arbitrator shall make the arrangements to secure the attendance of a court reporter to record all the testimony and all the proceedings. The facility manager reporter shall transcribe the notes of the hearings within 20 calendar days from the completion of the hearing, and a copy of the transcript shall be furnished to the arbitrator and the cost will then be shared equally by the parties. The cost for other copies of the transcript will be borne by the party requesting the transcript. All witnesses shall be duly sworn. The arbitrator shall have fivethe power to compel the attendance of witnesses and to require either party to produce records or documents which are pertinent to dispute. The expense of the arbitrator shall be borne equally by both parties. The arbitrator shall render his/her decision, which shall be final and binding upon all parties, with 45 calendar days following the arbitration hearing. The arbitrator will have no authority to legislate or change or modify or add to the agreement. Any matter beyond the authority of the arbitrator will be returned without decision or action.
Section 4. All grievances will be handled solely in accordance with the Grievance Procedure. Any time limit set forth in this Article shall be strictly construed, unless modified or extended by written agreement between the parties. However, unless thus modified or extended, failure to observe the time limits set forth at any stage of the Grievance Procedure will cause the grievances to be deemed satisfactorily adjusted in the status existing in the last prior stage.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, Grievances within the meaning of the grievance and arbitration procedure shall consist only of disputes about and interpretation or a group application of employees, that there has been misinterpretation particular clauses of this Agreement and about alleged violations of this Agreement. In the event of any dispute concerning the or misapplication application of any provision of this written agreement Agreement or School Board Policy that affects educational support personnel's wagesa dispute concerning an alleged violation of this Agreement, hoursthere shall be no suspension or disruption of work, but such dispute shall be treated as a grievance and shall be settled, if possible, by the Association and the Union. In the interest of expediting the procedure, the parties shall process grievances in the following manner: PRELIMINARY DISCUSSION Disputes arising out of the interpretation or terms and conditions of employment which is inconsistent with the terms alleged violation of this Agreement shall, if possible, be settled by discussion between the employee and/or his ▇▇▇▇▇▇▇ and the employee's supervisor. FIRST STEP If a dispute cannot be resolved by this method, the Accredited Union Representative for the Union may file a formal grievance on the prescribed form with the Manager of Construction or School Board Policy the Manager of Lines and Stations Construction. Such grievance shall be a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(sthree (3) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrencegrievous act. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within Within five (5) days of the filing of the grievance, the appropriate Manager of Construction shall investigate the grievance and convene a meeting which he or the Accredited Union Representative considers necessary to resolve it. The appropriate Manager of Construction shall give his reply on the prescribed form to the Accredited Union Representative within two (2) working days from the date of the informal conference specified aboveFirst Step meeting. When requested Copies of completed grievance forms signed by the employeeappropriate parties shall be filed by the appropriate Manager of Construction with the General Manager of the Association and by the Accredited Union Representative with the International Representative of the Union. If a first step grievance meeting is considered appropriate, the Manager of Construction or the Manager of Lines and Stations Construction shall appoint three people to represent management, one of whom shall be a Union representative may be presentof the Employer against whom the grievance has been filed. The aggrieved Union Committee shall be comprised of at least the Accredited Union Representative. SECOND STEP If a dispute has not been resolved at the First Step of the grievance procedure, the Accredited Union Representative may withdraw a refer the grievance at any step in on the adopted procedureprescribed form to the Association's Grievance Officer. Appeals to Step I and Step II must Such grievances shall be filed referred within five (5) working days following after the disposition has been issued under the First Step of this procedure. A copy of the grievance form shall be forwarded by the Accredited Union Representative to the International Representative of the Union. The Association's Grievance Officer shall investigate the grievance and convene a meeting which he or the expiration International Representative considers necessary to resolve it and give his reply on the prescribed form to the International Representative of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not Union within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available two (2) working days from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievancegrievance which was completed at First Step. If a Second Step grievance meeting is considered appropriate, the Management Committee shall comprise the Association's Grievance Officer plus two other Management representatives, one ofwhom shall be a representative of the Employer against whom the grievance has been filed. The facility manager will then Union Committee shall be comprised of at least the International Representative and the Accredited Representative for the A designate appointed by the International Representative of the Union to represent the International Union at the second step of the grievance procedure shall not be an Accredited Union Representative from the Project or Lines and Stations Construction Zone from which the grievance originated. ASSOCIATION OR UNION GRIEVANCES The processing of Association grievances shall begin at the Second Step. The Association may submit either policy or specific grievances. The Union may also institute policy grievances at this Step. Such policy or specific grievances shall be submitted within thirty (30)days of the alleged grievous act. TIME LIMITS The time limits as to both documents and procedure set out in the above sections shall be complied with by the parties to this Agreement provided, however, that the parties may mutually agree in writing in respect to an extension or waiver of any of the time imposed. Where no answer is given within the time limits specified in the grievance procedure, the employee concerned, the Union or the Association shall be entitled to submit the grievance to the next step of the grievance procedure. Any grievance not processed within the time limits specified in the grievance procedure shall be deemed to have fivebeen settled and ineligible for arbitration. Alleged unjustified termination, discharged, suspension or disciplinary action may be grieved beginning at First Step. In order to advance harmonious relations between the Association and the Union, it is the intention of the parties to fully exhaust the provisions set forth in this Article for the resolution of disputes concerning the interpretation or application of particular clauses of this Agreement prior to submitting such disputes or alleged violations to a third party for resolution. GRIEVANCE FACILITIES The Association shall provide the necessary facilities for all grievance meetings.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim A. The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to issues that may arise. All grievances shall be processed as provided herein.
B. A grievance shall mean an allegation by an employee, or a group of employeesemployees with the same grievance, or the Federation, that there has been misinterpretation or misapplication a violation of any provision of the provisions of this written agreement or School Board Policy Agreement. If any district policy provides for redress, such redress shall be processed according to this grievance procedure.
C. The District and the Federation agree that affects educational support personnel's wagesthese proceedings and all information relating to a grievance will be kept informal and confidential.
D. Since it is important that grievances be processed as rapidly as possible, hours, or terms and conditions the number of employment which is inconsistent with the terms of this Agreement or School Board Policy days indicated at each level shall be a maximum, and every effort shall be made to proceed as quickly as possible.
1. The aggrieved party, or the Federation, must file a written grievance within ten (10) school days of the act or discovery of the act that caused the grievance.
2. If the grievance involves any aggrieved party is not satisfied with the disposition of the rights granted to the Uniongrievance, the grievance aggrieved party may be filed by appeal the Union directly decision to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, Level Two within ten (10) working days of receipt of the alleged violation decision by filing said appeal with the Office of Labor Relations.
3. The time limits specified will be extended or shortened if mutually agreed to in writing by the parties to the grievance.
4. Monday through Friday will constitute school days in counting minimum and maximum days when a grievance is not resolved before the end of the school year.
5. A grievance shall be filed at Level 1 if the remedy sought is within the authority of the immediate supervisor. If it is a remedy in which the supervisor has no authority, it shall be filed at Level 2.
6. Failure to submit the grievance within the time limits specified shall result in a waiver of the grievance.
7. If a grievance affects a group of employees at two (2) or more work locations, the Federation shall identify the employees and work locations and submit such information, in writing, to the Office of Labor Relations.
E. All grievances and appeals of such must be filed on forms provided by the District. A copy of the grievance shall be provided to the principal and/or the principal’s supervisor and management/supervisory personnel.
F. Level One
1. The aggrieved party shall submit the grievance in writing to the employee's immediate supervisor. Within five (5) workdays following receipt of the grievance, a meeting shall take place between the employee's immediate supervisor and the employee to discuss the grievance. A Federation Representative may attend provided a prior arrangement has been made through the Office of Labor Relations. Within ten (10) workdays following such meeting, the immediate supervisor shall give the aggrieved party a written response to the grievance.
2. If the aggrieved party is not satisfied with the disposition of the grievance, the aggrieved party may appeal the decision to Level 2 within ten (10) working days following workdays of receipt of the time when decision by filing a said appeal with the employee responsibly should have gained knowledge Office of its occurrenceLabor Relations.
3. Any adjustment reached Failure to appeal the grievance within ten (10) workdays after receipt of the response shall result in the informal discussion dismissal of the grievance.
G. Level Two
1. The Superintendent, or designee, shall meet with the aggrieved party, and/or a Representative of the Federation, within fifteen (15) workdays after receipt of the appeal of the Level 1 decision in an effort to resolve the said grievance. Parties to the grievance or their representatives shall have the right to submit evidence, give testimony, and call witnesses. The Superintendent shall determine the procedures for conducting the meeting. Both parties shall submit a list of witnesses to the person conducting the meeting at least forty-eight (48) hours in advance of the meeting.
2. The Superintendent or designee shall, within ten (10) workdays after such meeting provided above, render the decision in writing to all parties concerned.
3. If the Federation and the aggrieved party are not satisfied with the disposition of the grievance, the aggrieved party may appeal the grievance to Level 3. Failure to appeal the grievance within ten (10) workdays after receipt of the response at Level Two shall result in the dismissal of the grievance.
H. Level Three
1. A grievance appealed to this level shall be heard by an Arbitrator who shall be selected as follows:
a. The parties may agree upon an Arbitrator.
b. Alternatively, the parties shall jointly request from the Federal Mediation and Conciliation Service a list of names from which the Arbitrator shall be selected.
c. The parties will strive to mutually agree upon the Arbitrator.
d. If the parties fail to mutually agree upon the Arbitrator, each party will strike one name followed by the other party striking one name until a single name remains and that person shall become the Arbitrator. The party required to strike the first name will be determined by a flip of a coin.
2. The Arbitrator shall schedule the hearing as soon as possible following acceptance of the appointment. The parties agree to make available all pertinent, non-privileged information in their possession or control that is relevant to the issues raised by the grievance.
3. The Arbitrator may establish the rules of procedure and, at the Arbitrator's discretion, may require the parties or witnesses to testify under oath or, upon demand of either party, shall require the parties or witnesses to testify under oath.
4. The Arbitrator's report shall be prepared and submitted in writing only to the District and the aggrieved party, within thirty (30) calendar days after the first meeting, and shall set forth the findings of the fact, rationale, conclusions, and the determination(s) on the issues submitted. The determination(s) shall be consistent with law and with the terms of this Agreement.
5. IfThe Arbitrator shall have no power to alter, after informal discussion amend, add to, or subtract from the terms of this Agreement.
6. The determination of the Arbitrator on matters set forth in this Agreement shall be final and binding.
7. The determination of the Arbitrator shall be acted upon within thirty (30) calendar days.
8. The cost of services for the Arbitrator shall be shared equally by the District and the aggrieved party.
9. Unless the Federation represents the aggrieved party, the District may require that the aggrieved party post the party's share of the expenses in advance of the hearing.
I. Neither the District nor members of the Administration shall take reprisals against the aggrieved party or any party or Federation Representative or any participant in the grievance procedure.
J. All written and printed matters dealing with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition processing of the grievance or will be filed separately from the expiration Central Office personnel files of the disposition timelinesparticipant.
Step I A formal written grievance must be filed on the specified grievance form and submitted K. The District agrees to make available to the facility manageraggrieved party and the party's representatives all non-privileged, pertinent information in its possession or control, which is relevant to the issues, raised by the grievance.
L. Leave with pay will be granted to a grievant whose absence from duty is required by the parties to the grievance as part of a grievance meeting. In The Office of Labor Relations shall notify the event the remedy sought is not within the jurisdiction immediate supervisor(s) of the facility manageremployee(s) designated to appear at such meeting.
M. Nothing contained herein shall limit the right of any employee to process a grievance as an individual.
N. To the extent provided by law, the grievant may file parties agree that this procedure shall be the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days exclusive remedy for all allegations of the receipt violations of the formal grievance. The facility manager will then have fivethis contract.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by SECTION 1. Grievance shall be defined as an employee, alleged violation of a specific article or a group of employees, that there has been misinterpretation or misapplication of any provision section of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions agreement. Employees are encouraged to seek informal resolution of employment which is inconsistent with their grievances prior to use of the terms of procedure outlined in this Agreement or School Board Policy article.
SECTION 2. Grievances shall be processed in the following manner:
A. An employee having a grievance. If the grievance involves any shall present it within three (3) working days of the rights granted occurrence, to the Union, the grievance may be filed his/her supervising administrator either directly or accompanied by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative.
B. Within three (3) working days after the presentation of the grievance, at no cost the supervising administrator shall answer the grievance orally to the Boardemployee.
A. Within five (5) working days of the oral answer, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the grievance is not resolved, it shall be stated in writing, signed by the grievant and Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance and lodged with the facility manager (Within the Superintendent's Complex, supervising administrator. In no event shall a department constitutes a facility.), at which a representative may written grievance be present, within filed more than ten (10) working days after the incidence giving rise to the grievance.
B. The statement of grievance shall name the employee involved, shall state the facts giving rise to the grievance, shall identify all appropriate provisions of the alleged violation or within ten (10) working days following contract allege to be violated, shall state the time when contention of the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in Union with respect to these provisions, and shall indicate the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within specific relief requested.
C. Within five (5) working days from after receiving the date of grievance, the informal conference specified above. When requested by supervising administrator shall communicate his/her answer in writing to the employee, a grievant and Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of representative.
A. If the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility managerresolved in Step 2, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing , within five seven (57) work working days of the receipt of the formal supervising administrator's answer, submit to the Superintendent, or designee, a written statement of grievance signed by. the grievant and union representative.
B. The Superintendent or designee, shall give the grievant an answer in writing no later than seven (7) working days after receipt of the written grievance.
A. Any hearings held under this procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons entitled to be present to attend. The facility manager Such hearings will then have fivebe conducted during non-working hours unless there is mutual agreement for other arrangements.
B. Time limits provided in this procedure may be extended by mutual agreement of both parties.
C. Any grievance not advanced from one step to the next within the time limits of that step shall be deemed resolved by the answer at the previous step. Failure of an administrator to respond to a grievance shall be deemed a denial and shall permit the grievance to be advanced to the next level if applicable.
D. No probationary employee may use the grievance procedure in any way to appeal discharge.
E. No employee shall use the grievance procedure to appeal any decision of the Board or Administration if such decision is subject to a State or Federal Regulatory Commission or agency.
F. Nothing contained in this agreement shall deny to any employee his rights under State or Federal constitutions and laws.
G. Should a grievant voluntarily terminate his employment while a grievant is in process, it shall be deemed withdrawn and no further proceedings instituted.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or a group of employees, that there has been misinterpretation or misapplication of any provision A. GENERAL PROVISIONS
68 1. Grievances within the meaning of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms grievance procedure and conditions arbitration clause shall consist only of employment which is inconsistent with disputes arising under and during the terms life of this Agreement or School Board Policy and which pertain to the alleged violation of the Agreement’s express written terms and conditions.
69 2. Written grievances as required herein shall contain the following:
70 a. it shall be signed by the grievant(s) and, where appropriate, the Association President;
71 b. it shall contain a grievance. If the grievance involves any synopsis of the rights granted facts giving rise to the Unionalleged violation, including its date of occurrence;
72 c. it shall cite the specific clause(s) of the Agreement alleged to have been violated; and,
73 d. it shall specify the relief requested. 74 Any written grievance not in accordance with the above requirements may be filed by rejected as improper. Such a rejection shall not extend the Union directly to Step IItime limitations hereinafter set forth.
4.2 The grievant(s) 75 3. No matter shall be allowed to appoint a Union representative, at no cost subject to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally Grievance Procedure unless it is presented and no in writing by an aggrieved employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation date the employee or the Association became aware, or reasonably should have become aware of the action complained of. If no grievance is presented in that time the grievance is barred.
76 4. If the Association fails to appeal a Step I, Step II, or Step III answer, in writing, within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached provided in the informal discussion Grievance Procedure, or any mutually agreed extension of such time, the University’s Step I, II, or III answer shall be consistent with considered final.
77 5. If the University fails to answer the grievance, in writing, within the time provided in the Grievance Procedure, or any mutually agreed extension of such time, the grievance shall be advanced to the next step of the Grievance Procedure.
78 6. If a grievance involves more than one (1) employee or the Association or University believe the processing of a grievance through Step I and II of the Grievance Procedure to be clearly inappropriate, either party may submit a request to the other party to process the grievance commencing at Step III of the Grievance Procedure and, by mutual agreement, the grievance may be so processed.
79 7. No employee or group of employees, other than the Association, shall have the right to initiate an arbitration proceeding hereunder.
80 8. The resolution of a grievance at Step II or III shall not add to, subtract from, or modify the terms of this AgreementAgreement unless done so in writing and approved by the Director of Labor and Employee Relations and the Association President. If, after informal discussion with Any agreement reached between the facility manager, a grievance existsUniversity and the Association shall be binding on the Association, the grievant(s) must initiate the following formal grievance procedure within five (5) University, and affected employees.
81 9. For purposes of computing working days from the date of the informal conference specified above. When requested by the employeepursuant to this Article, a Union representative may Saturdays, Sundays, holidays, seasonal days, energy savings days and University shutdown days shall be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelinesexcluded.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not presentSection 1. If an employee desires Union representationor group of employees has a grievance, the employee then an ▇▇▇▇▇▇▇ effort shall be responsible for requesting such representationmade by both parties hereto to settle the grievance without delay. Additional representation will be by mutual agreement.
4.3 In Such grievances shall involve any dispute between the event that an employee believes there is a basis for a grievance he/she shall first discuss Company and the alleged grievance with Union as to the facility manager (Within the Superintendent's Complexinterpretation, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the application or alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion or concerning any employee or group of employees who feel they have been unjustly dealt with in the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date application of any of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition provisions of the grievance or the expiration of the disposition timelinesthis Agreement.
Step I A formal written 1: The grievance must will be filed on the specified grievance form and submitted presented verbally to the facility manager. In aggrieved employee's immediate supervisor within five working days after the event alleged violation was committed or when the remedy sought is not within Union or the jurisdiction Employee learned or may reasonably have been expected to learn of the facility manageralleged violation. The grievance shall be discussed with that supervisor, the grievant may file aggrieved employee and the aggrieved employee's ▇▇▇▇▇▇▇, if the employee so desires. Failing settlement within five days, then Step I 2.
Step 2: The grievance at the lowest level at which the relief may be granted. Such form will be available from submitted in writing to the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing appropriate department head within five (5) work days of the receipt completion of Step 1. The decision of the formal grievancedepartment head shall be given in writing. The facility manager Failing a settlement within five days, then Step 3.
Step 3: Within five days of the completion of Step 2 the Grievance Committee shall submit the grievance to the Plant Manager. A Step 3 meeting will then have fivebe held within five days after appeal and may be attended by the aggrieved employee, the ▇▇▇▇▇▇▇, the Grievance Committee, an accredited official of the Union and such Company representatives as the Company may designate. provided both parties agree, a Grievance Settlement Officer may be retained to help resolve the grievance prior to Arbitration. Both parties will jointly bear the expense of the Grievance Settlement Officer.
Section 2. Any difference arising directly between the Company and the Union as to the interpretation or violation of the provisions of this Agreement may be submitted in writing by either party to the other at Step 3 within 5 days after the grievance has arisen, instead of following the regular grievance procedure.
Section 3. Grievance meetings shall be scheduled by mutual agreement and shall be held between 8:00 a.m. and 4:00 p.m. It is understood that the ▇▇▇▇▇▇▇ will be paid by the Company for regular time lost while at grievance meetings. Regular time lost while at Arbitration will not be paid by the Company.
Section 4. No employee or employee representative shall leave their work place to discuss grievances without the permission of their immediate supervisor.
Section 5. Saturdays, Sundays and Holidays shall not be counted in determining the time limits mentioned in this Article. Additionally, the time limits mentioned in this Article may be extended by mutual agreement between the Company and the Union.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by 7.01 A grievance is a difference between the Employer and the Union or an employeeemployee as to the interpretation, application, operation or contravention of the Collective Agreement. A grievance shall state the facts upon which the grievance is based, the particular clause or clauses of the Collective Agreement that are the subject of the grievance and the remedy requested.
7.02 A new probationary employee shall not have the right to grieve their termination of employment during their probationary period.
7.03 It is recognized that it is in the interests of both parties to seek an early resolution to differences as defined in 7.01. Mutual discussions in the form of a Step 0 meeting shall normally take place to investigate a possible grievance, or to discuss a group possible resolution, prior to the formal filing of employeesa grievance by any party. At the time of the request for the meeting, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment the party requesting it shall state the facts upon which the possible grievance is inconsistent with the terms of this Agreement or School Board Policy based.
7.04 No grievance shall be a grievance. If the considered by either party where circumstances giving rise to such grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has should reasonably have been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within known more than ten (10) working days prior to the first filing of the alleged violation grievance. For the submission of grievances as provided herein, "working days" shall be considered as the days
7.05 All communications from the Employer relating to grievances or within ten arbitrations shall be directed to the President of the Local or her designate with copies to the Chief Shop ▇▇▇▇▇▇▇.
7.06 A policy grievance involving more than three (103) working days following employees or of general application or interpretation of this Agreement may be instituted by the Union starting at Step 2 of the Grievance Procedure outlined in 7.09 (a).
7.07 The time limits specified in the grievance procedure may be extended only by mutual agreement in writing between the Employer and the Union, providing that such extension of any Step shall not be a waiver of the time when limits for any subsequent Step. Where the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached party advancing the grievance fails to meet the time limit in any Step, without an agreed extension, the informal discussion grievance shall be consistent with deemed to have been abandoned. Where the terms of this Agreement. If, after informal discussion with party responding to the facility manager, a grievance exists, fails to meet the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance time limit at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or procedure, the expiration of grievance may be advanced to the disposition timelinesnext Step in accordance with this Agreement.
Step I A formal written 7.08 The aggrieved employee shall have the right to attend without loss of pay or benefits all meetings held with the employer under the grievance must procedure excepting arbitration.
7.09 Grievances arising under this Agreement shall be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveadjusted as follows:
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by Definitions:
Section 1. A grievance shall be an employeealleged violation, or a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the express terms of this Agreement Agreement.
Section 2. The time elements in the Steps can be shortened or School Board Policy extended upon mutual agreement. Working days shall be a grievancethose days when school is in session, Monday through Friday.
Section 3. If the A grievance involves any of the rights granted to the Union, the grievance concerning alleged safety hazards or termination may be filed by the Union processed directly to Step IITwo of the Grievance Procedure.
4.2 The grievant(sSection 4. A grievance shall state:
1. Who is affected
2. What happened
3. When it happened;
4. What specific part(s) shall be allowed of the Contract is alleged to appoint a Union representative, at no cost to have been violated
5. What specific remedy is requested
Section 5. Any employee grievance or Unit grievance not presented for disposition through the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager Grievance Procedure within five (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (105) working days of the alleged violation occurrence of the conditions giving rise to the grievance, or within five (5) working days of the date it is reasonable to assume that the employee became aware of the conditions giving rise to the grievance, unless the circumstances made it impossible for the employee or the Unit, as the case may be, to know prior to that date that there were grounds for such a claim, shall not thereafter be considered a grievance under this Agreement.
(a) Any employee having a grievance shall discuss the grievance informally with the immediate supervisor, and then if the grievance is not settled orally, the employee may request a meeting with the representative to discuss the grievance.
(a) Within two (2) working days of the oral discussion with the supervisor, the representative may then submit the grievance in writing to the Superintendent or designee stating the remedy or connection requested, plus the facts upon which the grievance is based, and the alleged Contract violation. The employee and the representative shall sign the grievance.
(b) The Superintendent of Schools or his designee shall meet with the representative and the grievant at a time mutually agreeable to them, but not later than ten (10) working days following receipt of the time when appeal.
(c) The Superintendent of Schools or his designee shall give his decision in writing relative to the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days of the meeting with the representative.
(a) If the decision of the Superintendent of Schools or his designee is unsatisfactory, an appeal must be presented in writing within five (5) working days of receipt of the decision of the Superintendent of Schools or his designee, to the Board of Education.
(b) The written appeal must state the reasons why the decision of the Superintendent of Schools or his designee was unsatisfactory.
(c) The Board of Education shall meet with an elected and the grievant at a time mutually agreeable to them, but no later than twenty (20) working days from the date of the informal conference specified above. When requested by receipt of the employee, appeal.
(d) The Board of Education shall give a Union representative may be present. The aggrieved may withdraw a decision in writing relative to the grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelinesmeeting in Step Three-(c).
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employeeSection 1. For the purpose of this Agreement, the term "grievance" is defined as a dispute between the Center and ONA, or between the Center and a group of employeesnurse concerning the interpretation and/or application of, that there has been misinterpretation or misapplication of compliance with, any provision of this written agreement Agreement. Any grievance must allege a violation of a specific provision of this Agreement. When any such grievance arises, the following procedure shall be observed. If the nurse(s) or School Board Policy that affects educational support personnelONA wish to carry the grievance higher, the nurse(s) or ONA must initiate each step within fourteen (1 4) calendar days of the decision being appealed. Grievances not answered within the time limits prescribed in Steps 1, 2, and 3 shall automatically advance to the next step unless such time limit is extended by mutual agreement.
Step 1. Any nurse having a grievance will reduce the grievance to writing and must present it to the Division Director or designee, within fourteen (1 4) calendar days of the alleged grievance. A meeting will be held t_o discuss the grievance within fourteen (1 4) calendar days from the date the grievance is presented. An ONA representative will be present at this Step 1 meeting. Any grievance pertaining specifically to improper payment or calculation of a nurse's wages, hoursrate of pay, or terms other economic benefits, or tenure (for purposes of seniority rights) must be filed within fourteen (1 4) calendar days after the nurse has knowledge or should have knowledge of the event upon which the grievance is based. The Division Director or designee shall render a grievance decision within fourteen (1 4) calendar days of the Step 1 meeting.
Step 2. If the grievance is not settled at Step 1 then it may be presented to the Director of Labor Relations or his/her designated representative within fourteen ( 1 4) calendar days from the date of receipt of the Step 1 decision. A meeting will be held with ONA representatives, including ONA's staff representative, to discuss the grievance in an effort to resolve it and conditions a written answer given to ONA.
Step 3. Either party may request mediation within fourteen ( 1 4) days after the date of employment which the Step 2 meeting.
Step 4. If the grievance is inconsistent with not resolved as provided in Step 3, it may be submitted to arbitration upon request of either party. The party requesting arbitration must notify the other party in writing within fifteen (1 5) calendar days after the mediation or the rejection of Step 3. In the event the matter is submitted to arbitration, the arbitrator shall be appointed by mutual consent of the parties hereto, within seven (7) days after arbitration is invoked. n--- ,41,1 _,..,n If the parties cannot agree, they shall solicit a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Should one party determine asubsequent panel is necessary, that party shall bear sole responsibility for obtaining the subsequent panel. Following receipt of the panel of arbitrators, the parties shall alternately strike a name from the panel until only one (1) name remains, and that person shall serve as Arbitrator. The decision of the arbitrator shall be final and binding on the parties, and the arbitrator shall be requested to issue a decision within thirty (30) days after the conclusion of testimony and arguments. Expenses for arbitration service and proceedings shall be borne equally by the Center and ONA, except in the case of a party requiring more than one panel of arbitrators as outlined above. The arbitrator shall have no power to add to or subtract from or modify any of the terms of this Agreement or School Board Policy any Agreement made supplementary hereto. Any difference arising incidental to negotiations of terms of a new Agreement or modification or amendment to this Agreement shall not be subject to arbitration. Either party may have a verbatim record made of the proceedings at its expense provided it makes a copy available without charge to the arbitrator, and provided that it makes a copy available to the other party upon that party's request and payment of one half (1 /2) of the total expenses of the record and all copies.
Section 2. Grievances may be processed by the nurse filing the grievance during working hours. Grievance meetings with the Division Director or designee, the Director of Labor Relations or his/her designated representative shall be held during the normal working hours of such administrative personnel. Nurses will be paid for time spent in handling grievances, including time spent in arbitration, when such time is spent during the scheduled working hours.
Section 3. A grievance which affects a grievance. If the grievance involves any substantial number of the rights granted to the Unionidentified nurses may initially be presented at Step 2 of Section 1, the grievance and may be filed by the Union directly ONA. These grievances will be reduced to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any writing with available substantiating facts. Any grievance which has been formally presented and no employee may be required to discuss any grievance if involves the Union representative is not present. If an employee desires Union representationdemotion, the employee shall be responsible for requesting such representation. Additional representation suspension or dismissal of a nurse will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), initiated at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition 2 of the grievance or the expiration of the disposition timelinesprocedure.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employee, or Section in this Agreement means a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or disagreement as to whether the terms and conditions of employment the Agreement have been properly applied, administered, per- formed or enforced. ▇▇▇▇▇▇▇ efforts will be made by both parties to settle grievances through the following grievance procedure in a timely fashion:
a) The nature of the grievance and the circum- stances out of which it arose. remedy or correction which the Employer is requested to make. The section or sections of the Agreement which are claimed to have been violated. Step Within five days of the decision in Step the Grievance Committee present the grievance to the Plant Manager or Manager’s desig- nate. The Plant Manager, or the designate, shall have meeting within days of receipt of the written grievance. A representative of the Employer’s division and/or corporate Per- sonnel staff may be present at this meeting as well as a representative of the National Union and/or a representative designated by the local union. The Plant Manager, or designate, will give a decision in writing within five days after the meeting in this step. Step If the grievance is not satisfactorily settled in Step then within thirty days either party may appeal, in writing, the matter to a single arbitrator. The parties may, by mutual agreement, refer the matter to an arbitration board.
A. Single will be chosen in the following manner: When a grievance is appealed to arbitration the Union at the submit the names of four arbitrators, Within five days of receipt of the names of these arbitrators, the Company will name four choices and the Company will delete two of the Union’s choices. The four remaining arbitrators will be con- tacted and the first available arbitrator will be the arbitrator used. The same arbitrator will not be used twice, consecutively. The parties shall jointly bear the expenses of the single arbitrator. Arbitration boards will be chosen in the following manner. Each party will nominate a board member within five days of the grievance being appealed to arbitration. The two nominees will attempt to select by agreement a Chairman of the Arbitration Board. The parties shall pay the expenses of their nominee to the Board. The parties shall equally bear the expenses, if any, of the Chairman of the Arbitration Board. an agreement cannot be reached with the name of the Arbitrator within five days, the Minister of Labour of the Province of Ontario will be asked to appoint an impartial individual to act as an Arbitrator. to make any decision inconsistent with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any provision of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appealsAgreement, or other proceedings relative to alter, modify or amend any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms parts of this Agreement. IfThe decision of a majority of such Board or if there is no majority decision, after informal discussion the decision of the Chairman will be final and binding upon the parties. A single Arbitrator shall not be to make any decision inconsistent with the facility managerprovision of the Agreement, nor to alter, modify, or amend any parts of this Agreement. The decision of the Arbitrator will be final and binding upon the parties.
a) Shall be treated as a grievance existsgrievance. All preliminary steps of the Grievance Procedure prior to Step 2 will be omitted in such cases. May be settled by confirming the Company’s action, by the employee with full compensation for time lost, or by any other arrangement which may be deemed just and equitable in the opinion of the confer- ring parties or through arbitration as provided in this article. ▇▇▇▇▇ entitle the aggrieved employee, upon request to the supervisor to see the department ▇▇▇▇▇▇▇ for minutes before leaving the property.
a) When an employee is to be notified of any verbal, written or disciplinary action which is to be recorded on the personnel file, the grievant(s) must initiate department ▇▇▇▇▇▇▇ will be in attend- ance. When there is no ▇▇▇▇▇▇▇ available within the following formal grievance procedure within five (5) working days from department, the date Union President will select a ▇▇▇▇▇▇▇ to attend. A copy of any written disciplinary action will be provided to the Union at the time of the informal conference specified abovewritten disciplinary action. When requested If the Union and the employee are not notified, such written or verbal disciplinary action will not be used against them for further disciplinary action or in arbitra- tion cases. Any verbal or written disciplinary action to be taken by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II Company must be filed presented within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work ten days of the receipt event or events on which the action is based. Subject to Section this ten day time limit will not prevent the Company from using past incidents which indicate a pattern of behaviour that warrants discipline. When an employee has completed any twelve continuous month period without any notations or suspen- sions being placed against the formal grievance. The facility manager will then have fiveemployee’s record, the record prior to the twelve month period shall not be used as a basis for any subsequent disciplinary action taken against the employee.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by 25.01 It is the mutual desire of the parties herein that complaints of employees be adjusted as quickly as possible and it is understood that an employee, or employee has no grievance unless a group of employees, that there complaint has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy referred to the employee’s immediate Supervisor. The Supervisor shall give an oral decision to the complaint with five (5) workdays. If the employee believes that affects educational support personnel's wagescomplaint has not been satisfactorily adjusted, hours, or terms and conditions of employment which is inconsistent with she may proceed to the terms of grievance procedure. The parties to this Agreement or School Board Policy recognize the stewards and the CLAC Representatives as the agents through which employees shall process their grievances.
25.02 Unless stated otherwise, any reference to a number of days in this Agreement shall be a grievance. If the grievance involves any of the rights granted reference to the Union, the grievance may be filed by calendar days.
25.03 The Employer or the Union directly shall not be required to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, consider or other proceedings relative to process any grievance which has been formally presented and no employee may be required to discuss arises out of any grievance if the Union representative is not present. If an employee desires Union representation, the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (10) working days of the alleged violation action or within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within condition more than five (5) working days from days, excluding Saturdays, Sundays and holidays after the date complaint procedure as outlined in 25.01. If the action or condition is of a continuing or recurring nature, the informal conference specified above. When requested by limitation period shall not begin to run until the employee, a Union representative may be presentaction or condition has ceased. The aggrieved may withdraw limitation period shall not apply to differences arising between the parties concerning the interpretation, application or administration of this Agreement.
25.04 A “group grievance” is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or a CLAC Representative on behalf of a group of employees who have the same complaint. Such a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition dealt with at successive stages of the grievance procedure, commencing with Step 1. The grievors shall be listed on the grievance form. Should such a grievance be referred to arbitration, the matter shall be adjudicated as a “group grievance”.
25.05 A “policy grievance” is defined as a grievance that involves a question relating to the interpretation, application, or the expiration administration of this Agreement. A policy grievance may be submitted by either party at Step 2 of the disposition timelines.
Step I grievance procedure. A formal written policy grievance must submitted by the Union shall be filed on the specified grievance form signed by a CLAC Representative and submitted to the facility managerEmployer. In A policy grievance submitted by the event Employer shall be signed by the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have fiveEmployer or his representative.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by an employeeA grievance is defined as: • A dispute as to the application or interpretation of this Agreement; or • If the employee believes he/she has been unfairly disciplined, demoted, suspended, or a group of employees, that there has been misinterpretation or misapplication of any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which terminated. It is inconsistent with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any desire of the rights granted parties to this contract to have these adjusted as quickly and efficiently as possible. To this end the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a following procedure will apply: A Union representative, at no cost to upon request of the Boardemployee, to will be present for all meetings, hearings, appeals, or other proceedings relative to any grievance in cases of disciplinary action except where management may determine a delicate case may exist such as involving a police matter in which has been formally presented and no an employee may be required confronted and suffer unnecessary and personal embarrassment or in special situations where it is necessary to discuss any grievance if the take immediate disciplinary action and a Union representative is not presenton duty or available. If A supervisor or manager of another division may not discipline an employee desires Union representation, unless the employee shall be responsible for requesting such representation. Additional representation will be by mutual agreementis assigned to, or is temporarily working in that division.
4.3 In the event that an Step 1 The employee believes there is a basis for who has a grievance hewill submit it to his/she shall first discuss the alleged grievance with the facility manager her supervisor within five (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (105) working days of the alleged violation event giving rise to the grievance. A working day will be defined as any day the District is open for business. Failure to do so will constitute a waiver of the grievance. The supervisor will give his/her oral answer within five (5) working days after such presentation.
Step 2 If a grievance is not settled in Step 1., and the employee wishes to appeal the grievance to Step 2., of the Grievance Procedure, the employee will submit the written grievance to the department director, the Superintendent, and the Union Business Representative within five (5) working days after the designated supervisor's answer in Step 1., and will be signed by both the employee(s) and the supervisor. The written grievance will set forth the nature of the grievance, the facts on which it is based, the provision, or provisions of this Agreement allegedly violated and the relief requested. A department director or his/her representative will discuss the grievance within five (5) working days with the Union ▇▇▇▇▇▇▇ and the employee, at a time mutually agreed to by the parties. If the grievance is settled as a result of such meeting, the settlement will be reduced to writing and signed by the Superintendent and the Union. If no settlement is reached, the department director or his/her representative will give the department's written answer to the Union within five (5) working days following their meeting.
Step 3 If the grievance is not settled in Step 2 and the employee desires to appeal, it will be referred by the employee in writing to the Superintendent within five (5) working days after the designated department director's answer in Step 2. A meeting between the Superintendent or his/her representative and the employee and his/her representative will be held at a time mutually agreeable to the parties. If the grievance is settled as a result of such meeting the settlement will be reduced to writing and signed by the Superintendent, or his/her representative, and the Union. If no settlement is reached, the Superintendent or his/her representative will give the District's written answer to the Union within ten (10) working days following the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment meeting.
Step 4 School Board Appeal if no settlement has been reached as stated in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility managerStep 3, a grievance exists, the grievant(s) must initiate the following formal grievance procedure written statement will be submitted within five ten (510) working days from to the date District Board of the informal conference specified above. When requested by the employee, a Union representative may be presentDirectors. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed Board will meet within twenty-five (525) working days following to hear the disposition of matter. After the grievance or the expiration of the disposition timelinesBoard meeting, they will render their decision within ten (10) working days.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by 10.01 The parties of this agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. If an employeeemployee has a complaint, it shall be discussed with their immediate supervisor (or in their absence, the applicable manager or their designate. At this Meeting the Union ▇▇▇▇▇▇▇ or a member of the Executive Committee may be present. The complaint will be taken up within (7) working days after the circumstances giving rise to a complaint that has occurred.
10.02 If such complaint is not settled to the satisfaction of the employee concerned within twenty-four (24) hours (Saturdays, Sundays and recognized holidays excluded), of the discussion with their immediate supervisor in Article 10.01, then the following steps of the grievance procedure may be invoked within a further three (3) working days.
10.03 Step No 1: The ▇▇▇▇▇▇▇ shall state the nature of the grievance of the employee in writing, including the Article or Articles of the contract that are alleged to have been violated, a brief description, and the adjustments requested, and shall deliver a copy to the immediate supervisor of the employee concerned or, in their absence, the Production Manager or their designate. The supervisor or their designate shall state their decision or their refusal to make a decision in writing with appropriate reasons and deliver a copy to the ▇▇▇▇▇▇▇ within three (3) working days. Failing settlement then:
10.04 The ▇▇▇▇▇▇▇ (or in their Absence the Chief ▇▇▇▇▇▇▇), shall upon receiving the written answer to the grievance, take the matter up with the Grievance Committee, which may in turn, if deemed necessary, take the matter up with the representatives of the Company within three (3) working days (Saturdays, Sundays and recognized holidays excluded), or at a group of employees, that there has been misinterpretation time mutually agreed upon by Management and the Union.
10.05 Step No. 2: If the grievance is not settled at this meeting or misapplication of within three (3) working days thereafter or within any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment longer period which is inconsistent may be mutually agreed to then the grievance shall be taken up as follows:
10.06 Step No. 3: A meeting will be held with the terms Grievance Committee and the Human Resources Department/Production Manager. A representative of this Agreement or School Board Policy shall Unifor may be a grievancepresent if required by the Union. If the grievance involves is not settled within a period of ten (10) working days, or within any of longer period mutually agreed to by the rights granted to Company and the Union, then at the request of either party, the grievance may be filed by the Union directly referred to Step IIarbitration.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, 10.07 If arbitration is to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representationinvoked, the employee shall request for arbitration must be responsible for requesting such representation. Additional representation will be by mutual agreement.
4.3 In the event that an employee believes there is a basis for a grievance he/she shall first discuss the alleged grievance with the facility manager made in writing within seven (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be present, within ten (107) working days (Saturdays, Sundays and Recognized Holidays excluded), after the grievance has been dealt with in Step No.3.
10.08 It is understood that a ▇▇▇▇▇▇▇ or Chief ▇▇▇▇▇▇▇ may intercede on behalf of the ▇▇▇▇▇▇▇'▇ constituents on alleged violation contract violations regardless of whether or within ten (10) working days following not the time when the employee responsibly should have gained knowledge of its occurrence. Any adjustment reached in the informal discussion shall be consistent with the terms of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested action was instituted by the employee, a Union representative may be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance an individual or the expiration of the disposition timelinesgroup on their behalf.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available from the Union representative and will be available on the District website. The facility manager will schedule and conduct a Step I hearing within five (5) work days of the receipt of the formal grievance. The facility manager will then have five
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. 4.1 Any claim by
(a) When an employeeemployee is to be reprimanded, suspended, or a group of employees, that there has been misinterpretation or misapplication of discharged for any provision of this written agreement or School Board Policy that affects educational support personnel's wages, hours, or terms and conditions of employment which is inconsistent with the terms of this Agreement or School Board Policy shall be a grievance. If the grievance involves any of the rights granted to the Union, the grievance may be filed by the Union directly to Step II.
4.2 The grievant(s) shall be allowed to appoint a Union representative, at no cost to the Board, to be present for all meetings, hearings, appeals, or other proceedings relative to any grievance which has been formally presented and no employee may be required to discuss any grievance if the Union representative is not present. If an employee desires Union representationreason, the employee shall be responsible fully informed of his/her right to bring a Union Representative into the discussion at the time of such reprimand, suspension, or discharge. The Union shall be informed in writing of the action taken. A reprimand can be a proper subject for requesting such representation. Additional representation will be by mutual agreementthe Grievance Procedure.
4.3 In (b) If the event that an employee believes there is or the Union files a basis for written grievance protesting a grievance he/she shall first discuss the alleged grievance with the facility manager (Within the Superintendent's Complex, a department constitutes a facility.), at which a representative may be presentsuspension or discharge, within ten (10) working days days, such grievance shall be initiated at Step 4 of the alleged violation Grievance Procedure. If such discharge or suspension is found to have been unjustified the employee shall be reinstated to his/her former job and shall be compensated for all earnings lost, less pay for any penalty time decided upon, if any.
(c) Controversies may arise of a nature so general as directly to affect the majority of employees in a classification, or the majority of all employees. It is agreed that issues of this nature need not be subjected to the entire grievance procedure but may be initiated at Step 3 or Step 4.
(d) Any grievance not taken up with an employee’s immediate supervision within fifteen (15) days after the employee, or a certified Union Representative has knowledge of the occurrence of the incident from which the grievance arose, cannot be processed through the grievance procedure.
(e) A grievance will be considered settled or withdrawn if the decision of the Company is not appealed to the next higher step in the Grievance Procedure within ten (10) working days following after a decision has been rendered by the Company, unless this period is extended by mutual agreement between the parties.
(f) In the calculation of time when limits under the grievance provisions, including arbitration, “days” shall mean calendar days excluding Saturdays, Sundays, holidays, vacations, and the scheduled days off of the aggrieved employee responsibly should have gained knowledge of its occurrence. Any adjustment reached or the Company representative, whichever results in the informal discussion longer period.
(g) A hearing at Step 2 may be postponed by mutual agreement of the Grievance Committeeperson and the Protective Force Operations Manager. A hearing at Step 4 may be postponed by mutual agreement between the Local Union President and the Labor Relations Manager or his/her designated representative.
(h) Written records of past reprimands and/or suspensions, exclusive of actions resulting from violation of Article IV, shall be consistent with reviewed by the terms end of this Agreement. If, after informal discussion with the facility manager, a grievance exists, the grievant(s) must initiate the following formal grievance procedure within five (5) working days from the date of the informal conference specified above. When requested one year by the employee, a Union representative may ’s supervision to determine whether they should be present. The aggrieved may withdraw a grievance at any step in the adopted procedure. Appeals to Step I and Step II must be filed within five (5) working days following the disposition of the grievance or the expiration of the disposition timelines.
Step I A formal written grievance must be filed on the specified grievance form and submitted to the facility manager. In the event the remedy sought is not within the jurisdiction of the facility manager, the grievant may file the Step I grievance at the lowest level at which the relief may be granted. Such form will be available removed from the Union representative employee’s personnel file and will be available on the District website. The facility manager will schedule and conduct destroyed as a Step I hearing within five (5) work days result of the receipt of the formal grievance. The facility manager will then have fivesatisfactory performance.
Appears in 1 contract
Sources: Collective Bargaining Agreement