Grievance Procedures. 4.1 A grievance is a written allegation that there has been a violation, misinterpretation, or misappropriation of the Agreement by the District. 4.2 A Grievant is a unit member, or the Association, filing the grievance. 4.3 A day, for the purpose of resolving a grievance, shall be a day when the schools in the District are in session, excluding Saturdays, Sundays and Summer Session. 4.4 Before filing a written grievance, a grievant may attempt to resolve the problem by an informal conference with the immediate supervisor. 4.5 A grievance must be filed within thirty (30) days of the event which gave rise to the grievance. 4.6 A written grievance shall first be filed with the immediate supervisor and with the president of the Association. The written grievance shall identify the section(s) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeks. 4.7 Within ten (10) days after receipt of the grievance, the immediate supervisor shall have met with the grievant and issued a decision in writing. 4.8 If the grievant is dissatisfied with the decision of the immediate supervisor, or the ten (10) days have elapsed without a response, the grievant may within five (5) days appeal the grievance to the Superintendent. 4.9 Within ten (10) days after receipt of the appeal, the Superintendent shall have met with the grievant and issued a decision in writing. 4.10 If ten (10) days have elapsed without a response, the grievant may, within five (5) days request in writing that the Association submit the grievance to arbitration. 4.11 Within ten (10) days of the receipt of a request for arbitration, the Association shall determine if the grievance is to be submitted to arbitration and shall so notify the District. 4.12 Within ten (10) days of a decision by the Association to submit a grievance to arbitration, the District and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) days, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lot. 4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing to the District and the Association. The remedy of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the Association. 4.14 A grievant may seek to resolve a grievance prior to arbitration without intervention by the Association, provided that the resolution is consistent with the terms of this Agreement. 4.15 No grievance shall be resolved before the Association has been given the opportunity to submit a written response. This written response shall be submitted within ten (10) working days after the grievance has been filed.
Appears in 9 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance Procedures. 4.1 A grievance Section 1. Should differences arise between the CITY and FOP 38 concerning alleged violations, misinterpretations or misapplications of specific terms of this Agreement, such differences shall be settled in the manner herein. The term “grievance” as used herein is a written allegation that there has been a violation, misinterpretation, or misappropriation so defined as to limit its applicability to terms and conditions of the Agreement by the Districtthis Agreement.
4.2 A Grievant is a unit member, Step 1. Whenever an employee believes he or the Association, filing the grievance.
4.3 A day, for the purpose of resolving she has a grievance, he or she shall be a day when present the schools in the District are in session, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing a written grievance, a grievant may attempt to resolve the problem by an informal conference with the immediate supervisor.
4.5 A grievance must be filed within thirty (30) days of the event which gave rise matter verbally to the grievance.
4.6 A written grievance shall first be filed with the immediate supervisor and with the president of the Association. The written grievance shall identify the section(s) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeks.
4.7 Within Lieutenant in charge within ten (10) days after receipt of occurrence of alleged violation of this Agreement. A verbal response to the grievance, grievance shall be made by the immediate supervisor shall have met with the grievant and issued a decision in writing.
4.8 If the grievant is dissatisfied with the decision of the immediate supervisor, or the ten (10) days have elapsed without a response, the grievant may Lieutenant within five (5) days of verbal presentation by the employee.
Step 2. If the grievance is unresolved, the employee may appeal the grievance in writing to the Superintendent.
4.9 Within ten (10) days after receipt of Captain in charge. The grievance must be forwarded to the appeal, Captain commanding the Superintendent shall have met with the grievant and issued a decision in writing.
4.10 If ten (10) days have elapsed without a response, the grievant may, employee’s bureau within five (5) days request of the Lieutenant’s verbal response. The Captain must issue a written response to the grievance within ten (10) days of receipt of the written grievance.
Step 3. If the grievance is unresolved, the employee may appeal the grievance in writing that to the Association submit Chief. The grievance must be forwarded to the grievance to arbitration.
4.11 Within Chief within ten (10) days of the receipt of the Captain’s written decision. The Chief must issue a request for arbitration, the Association shall determine if the grievance is to be submitted to arbitration and shall so notify the District.
4.12 Within written response within ten (10) days of a decision by receipt of the Association to submit a grievance.
Step 4. If the grievance to arbitrationis unresolved, the District and employee may appeal the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) days, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy grievance in writing to the District and the AssociationDirector of Public Safety. The remedy of the arbitrator shall conform grievance must be forwarded to the laws Director of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the Association.
4.14 A grievant may seek to resolve a grievance prior to arbitration without intervention by the Association, provided that the resolution is consistent with the terms of this Agreement.
4.15 No grievance shall be resolved before the Association has been given the opportunity to submit a written response. This written response shall be submitted Public Safety within ten (10) working days after of receipt of the grievance has been filedChief’s written decision. The Director of Public Safety or his authorized representative shall issue a written response within twenty (20) days of receipt of the grievance.
Appears in 7 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance Procedures. 4.1 A A. For purposes of this Article, a grievance shall be determined as a dispute between a bargaining unit member and/or the Federation and the District over the interpretation or application of, the terms of this negotiated Agreement. Grievances shall be processed through the procedure outlined below.
B. In the event that a food service employee believes there is a written allegation that there has been basis for a violationgrievance, misinterpretationhe/she shall first discuss promptly the alleged grievance with the immediate supervisor either personally or, or misappropriation if he/she prefers, accompanied by a Federation representative, within seven (7) working days of the Agreement by date on which the District.
4.2 A Grievant is a unit member, or food service employee could reasonably have known of the Association, filing occurrence of the event giving rise to the alleged grievance.
4.3 A dayC. If, for as a result of the purpose of resolving a grievance, shall be a day when the schools in the District are in session, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing a written grievance, a grievant may attempt to resolve the problem by an informal conference discussion with the immediate supervisor.
4.5 A , an alleged grievance must still exists, the following formal grievance procedure may, at the option of the grievant, be filed invoked through the Federation within thirty seven (307) working days of the event informal discussion, on the form set forth in Appendix A, signed by the grievant and a representative of the Federation, which gave rise form shall be available from the Food & Nutrition Services Director or designee or the Federation.
STEP I The grievant and/or Federation may submit to the grievance.
4.6 A written immediate supervisor, a copy of the grievance shall first form. If the grievance involves more than one (1) school building, it may be filed with the immediate supervisor and with the president Employee & Labor Relations Department. Within seven (7) working days of the Association. The written grievance shall identify the section(s) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeks.
4.7 Within ten (10) days after receipt of the grievance, the immediate supervisor shall have met meet with the grievant and/or the Federation representative in an effort to resolve the grievance. The immediate supervisor shall indicate the disposition of the grievance in writing within seven (7) working days after such meeting and issued shall furnish a decision in writingcopy thereof to the Federation.
4.8 STEP II If the grievant and/or Federation is dissatisfied not satisfied with the decision disposition of the immediate supervisorgrievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Employee & Labor Relations Department within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days, the Employee & Labor Relations Department shall meet with the grievant and/or Federation representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such a meeting and shall furnish a copy thereof to the Federation.
A. If the grievant and/or Federation is not satisfied with the disposition of the grievance by the Employee & Labor Relations Department, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation, to arbitration before an impartial arbitrator within thirty (30) working days of the date of the disposition at STEP II, or the ten (10) days have elapsed without a response, expiration of the grievant may time limit. If the parties cannot agree as to the arbitrator within five (5) working days appeal the grievance to the Superintendent.
4.9 Within ten (10) days after receipt of the appeal, the Superintendent shall have met with the grievant and issued a decision in writing.
4.10 If ten (10) days have elapsed without a response, the grievant may, within five (5) days request in writing that the Association submit the grievance to arbitration.
4.11 Within ten (10) days of the receipt of a request for arbitration, the Association shall determine if the grievance is to be submitted to arbitration and shall so notify the District.
4.12 Within ten (10) days of a decision by the Association to submit a grievance to arbitration, the District and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) days, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall notification date that arbitration will be determined by lot.
4.13 Upon completion of a hearingpursued, the arbitrator shall issue findings be selected from a list submitted by the Federal Mediation and a remedy Conciliation Service (FMCS) and/or the American Arbitration Association (AAA) in writing to accord with its rules, which rules shall likewise govern the District and the Associationarbitration proceedings. The remedy of the arbitrator shall conform have no power to alter, add to, or subtract from the laws terms of the State of California and this Agreement. The remedy Superintendent/designee and the Federation shall not be permitted to assert in such arbitration proceedings any ground or rely on any evidence not previously disclosed. Both parties agree that the award of the arbitrator shall be advisory on the District final and the Associationbinding.
4.14 A B. If the arbitrator sustains the position of the grievant, the fees and expenses of the arbitrator, including AAA or FMCS filing fees, shall be paid by the District. However, if the arbitrator sustains the District’s position, all fees and expenses shall be paid by the grievant or the Federation, whichever filed for arbitration. However, an individual employee may seek only file for arbitration if the Federation has refused to resolve process the grievance because an employee is a non-dues paying member of the unit. If the decision issued by the arbitrator is not the one requested by either party, the arbitrator shall determine the distribution of his/her fees between the parties. Each party shall be responsible for any other expense it chooses to incur.
C. The time limits provided in this Article shall be strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Employee & Labor Relations Department shall use his/her best efforts to process such a grievance prior to arbitration the end of the school term or as soon thereafter as possible.
D. Whenever illness or other incapacity of either party or its representatives prevents attendance at a grievance meeting, the time limits shall be extended to such time that such person(s) can be present. When such grievance meetings and conferences are held during school hours, all employees whose presence is required shall be excused, without intervention by the Associationloss of pay or accumulated leave, provided for that the resolution is consistent purpose.
E. Adjustment of any grievance as described herein shall not be inconsistent with the terms provisions of this the Agreement.
4.15 No F. All food service employees will be entitled to fair, reasonable and equitable treatment. A food service employee who participates or intends to participate in any grievance as described herein shall not be subjected to corrective action, reprimand, warning or reprisal because of such participation or intention. All documents, communications and records dealing with the processing of a grievance shall be resolved before filed separately from the Association has been given personnel files of the opportunity participants.
G. Nothing in this Article shall require the Federation to submit a written response. This written response shall be submitted within ten (10) working days after process grievances for employees who are not members of the grievance has been filedFederation.
Appears in 6 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance Procedures. 4.1 A. A grievance is shall be defined as a written allegation that there has been claim by an employee, group of employees or the Union of a violation, misinterpretation, or misappropriation misapplication of any provision of this written Agreement and any such claim may be processed through this grievance procedure.
B. In the event the grievant believes a grievance as above defined, exists, a grievant shall use the following procedure:
Step 1. The grievant shall first discuss the alleged grievance with the immediate supervisor, either personally or accompanied by the Union Representative. Discussion shall take place within fourteen (14) calendar days following the alleged violation or within fourteen (14) calendar days following the time the grievant discovered the alleged violation. Evidence of the Agreement meeting under Step 1 of the grievance procedure must be documented, signed and dated by the Districtemployee and the supervisor.
4.2 A Grievant is Step 2. If Step I fails to resolve the alleged grievance, the grievant either personally or accompanied by a unit memberUnion Representative, or shall discuss the Association, filing alleged grievance with the grievancegrievant’s Director. Discussion with the Director shall take place within seven (7) calendar days following the date of the discussion with the immediate Supervisor as specified in Step 1. No individual grievance may be processed beyond Step 2.
4.3 A day, for Step 3. If Step 2 fails to resolve the purpose of resolving a alleged grievance, shall the Union may reduce the alleged grievance to writing and file it with the appropriate Director. The written grievance must be a day when filed with the schools Director no later than seven (7) calendar days following the date of the verbal discussion with the Director as specified in Step 2. The Director shall, within seven (7) calendar days of receipt of the District are in session, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing a written grievance, a grievant may meet with the Union in an attempt to resolve the problem by an informal conference issue.
Step 4. If the Union is not satisfied with the immediate supervisor.
4.5 A grievance must be filed Director’s response, or the Director fails to respond, the Union may within thirty seven (307) calendar days of the event which gave rise date the Director’s response is due, transmit the written grievance to the grievance.
4.6 A written grievance shall first be filed with the immediate supervisor and with the president Superintendent. Within seven (7) calendar days of the Association. The written grievance shall identify the section(s) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeks.
4.7 Within ten (10) days after receipt of the grievance, the immediate supervisor Superintendent, or his/her designee(s), shall have met meet with the grievant and issued a decision Union in writingan attempt to resolve the issue. The Superintendent, or his/her designee(s), shall respond on the grievance form, within seven (7) calendar days of the date the meeting was held with the Union.
4.8 Step 5. If the grievant Union is dissatisfied not satisfied with the decision response of the immediate supervisorgrievance at Step 4, or the ten (10) days have elapsed without a responseif no response is received, the grievant Union may within five (5) days appeal transmit the grievance to the designated representative of the Board. Such appeal shall take place within seven (7) calendar days of the date the Superintendent’s response at Step 4 was due. The Board, or its designated representative(s), shall meet with the Union no later than the next regularly scheduled Board Meeting, or fourteen (14) calendar days from the date the grievance was filed with the Board’s designated representative, whichever is later. The Board, or their designated representative(s) shall respond to the grievance in writing within seven (7) calendar days from the date the meeting was held.
4.9 Within ten (10) days after receipt of Step 6. If the appealUnion is not satisfied with the Board’s response at Step 5, the Superintendent shall have met with the grievant and issued a decision in writing.
4.10 If ten (10) days have elapsed without a response, the grievant may, within five (5) days request in writing that the Association may submit the grievance to arbitration.
4.11 Within ten the American Arbitration Association in accordance with the AAA rules which shall likewise govern the Arbitration proceeding. Appeal to the American Arbitration Association shall take place within fourteen (1014) calendar days from the date of receipt of the receipt Board’s Step 5 response to the grievance. The Union shall send the Board a copy of a their request for arbitration, Arbitration at the Association shall determine if the grievance same time it is to be submitted to arbitration and shall so notify the District.
4.12 Within ten (10) days of a decision by the Association to submit a grievance to arbitration, the District and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) days, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing sent to the District and the Association. The remedy of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the American Arbitration Association.
4.14 A grievant may seek to resolve a grievance prior to arbitration without intervention by the Association, provided that the resolution is consistent with the terms of this Agreement.
4.15 No grievance shall be resolved before the Association has been given the opportunity to submit a written response. This written response shall be submitted within ten (10) working days after the grievance has been filed.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance Procedures. 4.1 A grievance is a written allegation A. The Association, believing that there has been a violation, misinterpretationmisinterpretation or misapplication of any provision of this Agreement, may file a written grievance with the Board or misappropriation of the Agreement by the District.
4.2 A Grievant is a unit member, or the Association, filing the grievance.
4.3 A day, for the purpose of resolving a grievance, its representative. No grievance shall be a day when the schools in the District are in session, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing a written grievance, a grievant may attempt to resolve the problem by an informal conference with the immediate supervisor.
4.5 A grievance must be filed processed unless it is presented at Step 1 within thirty (30) calendar days from the alleged occurrence.
B. Within five (5) working days of the event which gave rise to the grievance.
4.6 A written grievance shall first be filed with the immediate supervisor and with the president of the Association. The written grievance shall identify the section(s) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeks.
4.7 Within ten (10) days after receipt of the grievance, the affected employee's immediate supervisor shall have met meet with the grievant and issued a decision representatives designated by the Association in writing.
4.8 If an effort to resolve the grievant is dissatisfied grievance. The affected employee may or may not be present at such meeting. If, after meeting with the decision of the immediate supervisor, or the ten (10) days have elapsed without a responseparties cannot agree, the grievant may within grievance shall be promptly transmitted to the superintendent who shall have five (5) days thereafter to approve or disapprove the grievance. If the grievance is transmitted directly to the superintendent, he/she shall have five (5) days from receipt to approve or disapprove the grievance.
C. If the grievance shall be denied in writing (Grievance Form - Appendix C) by the superintendent, the Association may, within ten (10) school days after receiving the superintendent's decision, appeal the grievance to the Superintendent.
4.9 Within ten (10) days after receipt Board of Education. The appeal shall be in writing and shall contain the reasons for the appeal, and a copy of the Superintendent shall have met with the grievant and issued a decision in writingsuperintendent's decision.
4.10 If ten D. Within thirty (1030) days have elapsed without a responsecalendar days, or at the next regular or special Board meeting for which the Agenda has not already been issued, whichever is first from receipt of grievance, the grievant mayBoard shall pass upon the grievance. The Board may hold a hearing thereon, within five (5) days request may designate one or more of its members to hold a hearing, or otherwise investigate the grievance, or prescribe such procedure as it may deem appropriate for consideration of the grievance, provided, however, that in writing that no event, except with express written consent of the Association submit Association, shall determination of the grievance to arbitrationbe made by the Board more than thirty (30) calendar days after the Board has received it. A copy of the disposition shall be furnished the Association.
4.11 Within ten (10) days of E. If the receipt of a request for arbitrationgrievance is not resolved through Steps A, B, or C, the Association may invoke binding arbitration procedures within 30 calendar days. If the parties cannot agree to the arbitrator, he shall determine if be selected by the grievance is American Arbitration Association in accordance with the rules governing arbitration proceedings. Both parties agree to be submitted to arbitration and shall so notify the District.
4.12 Within ten (10) days of a decision bound by the Association to submit a grievance to arbitration, the District and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) days, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing to the District and the Association. The remedy award of the arbitrator shall conform to and agree that the laws judgement thereon may be entered in any court of the State of California and this Agreementcompetent jurisdiction. The remedy fees and expenses of the arbitrator shall be advisory on paid by the District and the Associationlosing party.
4.14 A grievant may seek to resolve F. If any employee for whom a grievance prior is sustained with full reimbursement of all compensation lost, if he/she shall have been found to arbitration without intervention by have been improperly deprived of any compensation or advantage, the Association, provided that same or its equivalent in money shall be paid to him/her.
G. Notwithstanding the resolution is consistent with the terms expiration of this Agreement, any claim or grievance arising thereunder may be processed through the grievance procedure until resolution as long as it complies with the thirty (30) day filing limitation.
4.15 No H. Filing of any grievance shall be resolved before in no way interfere with the Association has been given right of the opportunity Employer to submit a written responseproceed in carrying out its management/responsibilities subject to the final decision of the grievance procedure. This written response In the event the alleged grievance involves an order, requirement or direction, the grievance shall fulfill or carry out such order, direction or requirement pending the final decision of the grievance procedure.
I. It shall be submitted within ten (10) the general practice of all parties in interest to process grievance procedures during times which do not interfere with the assignment of duties; provided, however, in the event it is agreed by the Board to hold proceedings during regular working days after hours, a member participating in any level of the grievance has been filedprocedure, with any representative of the Board, shall be released from assigned duties without loss of salary or time.
Appears in 3 contracts
Sources: Auxiliary Contract, Auxiliary Contract, Auxiliary Contract
Grievance Procedures. 4.1 A. A grievance is a written allegation that there has been a an alleged violation, misinterpretation, or misappropriation misapplication of this Agreement. The “grievant” is the employee or Association alleging violation of the Agreement specific and express terms of the Agreement.
B. All grievances shall be handled by the District.following procedures:
4.2 A Grievant is a unit memberStep 1. The grievant, either alone or the Association, filing the grievance.
4.3 A day, for the purpose of resolving a grievancewith an Association representative, shall be a day when first discuss the schools grievance with the principal within five (5) workdays of the alleged occurrence in the District are in session, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing a written grievance, a grievant may an attempt to resolve the problem by an grievance informally.
Step 2. If the grievance is not resolved at Step 1, it shall be reduced to writing and presented to the principal within five (5) workdays after the original informal conference with the immediate supervisor.
4.5 A grievance must be filed within thirty (30) days under Step 1 of the event which gave rise to the grievance.
4.6 A written grievance shall first be filed with the immediate supervisor and with the president of the Associationthis procedure. The written grievance shall identify be presented to and discussed with the section(s) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which principal by either the grievant seeks.
4.7 Within ten (10) days after receipt of the grievance, the immediate supervisor shall have met with the grievant and issued a decision in writing.
4.8 If the grievant is dissatisfied with the decision of the immediate supervisor, or the ten (10) days have elapsed without a response, the grievant may within Association representative. Within five (5) days appeal workdays after the receipt of the written grievance, the principal shall render his/her written decision to the Association and to the grievant.
Step 3. Within five (5) workdays after the receipt of the principal’s written decision, the grievance may be (by the Association or grievant) appealed to the Superintendent.
4.9 Superintendent or his designee. The appeal shall be in writing and shall be accompanied by a copy of the decision at Step 2. Within ten five (105) days workdays after receipt of the appeal, the Superintendent or his/her designee shall have met with investigate the grievant grievance and issued a decision shall communicate his/her findings in writingwriting to the Association, grievant, and to the principal.
4.10 Step 4. If ten (10) days have elapsed without a responsethe alleged grievance is not resolved at Step 3, the grievant may, or the Association may submit the grievance to the Board of Education within five (5) workdays after receipt of the written decision of the Superintendent or his/her designee. The Board shall hear the grievance at one of the next two (2) regularly scheduled meetings after receipt and shall render its written decision within thirty (30) working days request in writing that of the hearing to the grievant and/or the Association.
Step 5. If the Association is not satisfied with the disposition of the grievance by the Board, only the Association and not the individual employee may submit the grievance to arbitration.
4.11 Within ten arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator within fifteen (1015) calendar days of from the receipt of a request for arbitrationnotification date that arbitration will be pursued, the Association he/she shall determine if the grievance is to be submitted to arbitration and shall so notify the District.
4.12 Within ten (10) days of a decision selected by the American Arbitration Association to submit a grievance to arbitration, in accord with its rules which shall likewise govern the District arbitration proceeding. The Board and the Association shall choose a mutually acceptable arbitrator. If have no choice has been made after five (5) dayspower to alter, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name add to, or subtract from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing to the District and the Association. The remedy of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the Association.
4.14 A grievant may seek to resolve a grievance prior to arbitration without intervention by the Association, provided that the resolution is consistent with the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
4.15 No grievance a. It shall be resolved before signed by the grievant or Association has representative;
b. It shall contain a synopsis of the facts giving rise to the alleged violation;
c. It shall cite the section or subsections of this contract alleged to have been given violated;
d. It shall contain the opportunity to submit a written response. This written response date of the alleged violation;
e. It shall be submitted within ten (10) working days after specify the grievance has been filedrelief requested.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Grievance Procedures. 4.1 A grievance is a written allegation that there has been a violation, misinterpretation, or misappropriation of the Agreement by the District.
4.2 A Grievant is a unit member, or the Association, filing the grievance.
4.3 A day, for the purpose of resolving a grievance, shall be a day when the schools in the District are in session, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing a written grievance, a grievant may attempt to resolve the problem by an informal conference with the immediate supervisor.
4.5 A grievance must be filed submitted within thirty fifteen (3015) working days after the grievant first knew, or by reasonable diligence should have first known, of the event condition(s) upon which gave rise the grievance is based. SEIU and the District may mutually agree to waive specific steps in the grievance process when deemed appropriate or to return a grievance to a previous step.
a. STEP I: Immediate Supervisor The aggrieved employee shall first informally discuss the grievance with his/her immediate supervisor. The immediate supervisor shall render a verbal decision upon the grievance to the grievance.
4.6 A written grievance shall first be filed with the immediate supervisor and with the president of the Association. The written grievance shall identify the section(s) of this Agreement alleged to have been violatedgrievant as expeditiously as possible, misinterpreted or misapplied. It shall specify the remedy which the grievant seeks.
4.7 Within but in no event more than ten (10) working days after receipt of the grievance, the immediate supervisor shall have met with the grievant and issued a decision in writinginformal conference.
4.8 b. STEP II: Vice President, Business Services or District Office Manager If the grievant is dissatisfied not satisfied with the decision of in Step I, he/she may appeal in writing on the immediate supervisor, or appropriate form the ten (10) days have elapsed without a response, the grievant may decision within five (5) working days appeal after the receipt of the decision in Step I to the Vice President of Business Services or the appropriate District Office Manager under whose jurisdiction the grievance occurred. The Vice President/District Administrative Center manager shall render a written decision to the Superintendent.
4.9 Within grievant within ten (10) working days after receipt submission of the appeal, .
c. STEP III: College President or Appropriate District Office Manager If the Superintendent shall have met grievant is not satisfied with the grievant and issued a written decision in writing.
4.10 If ten (10) days have elapsed without a responseStep II, he/she may appeal the grievant may, decision within five (5) working days request in writing that after the Association submit receipt of the grievance written decision to arbitration.
4.11 Within Step II to the college president or the appropriate District Administrative Center manager. The college president/District Administrative Center manager shall, upon request, meet promptly with the grievant to discuss the grievance. The president/District Administrative Center manager shall render a written decision to the grievant and SEIU within ten (10) working days after submission of the receipt of a request for arbitrationappeal.
d. STEP IV: Mediation If the grievant is not satisfied with the written decision in Step III, the Association shall determine if the grievance is to be submitted to arbitration and shall so notify the District.
4.12 Within ten (10) days of a decision by the Association to submit a grievance to arbitration, the District and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) days, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing to the District and the Association. The remedy of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the Association.
4.14 A grievant Union may seek to resolve a grievance prior to arbitration without intervention by the Association, provided that the resolution is consistent with the terms of this Agreement.
4.15 No grievance shall be resolved before the Association has been given the opportunity to submit a written response. This written response shall be submitted within ten (10) working days after the grievant’s receipt of the written reply in Step III, submit the grievance to mediation. The submission to mediation shall be in writing to the California State Mediation and Conciliation Service, with a copy provided to the District. The mediator has been filedthe authority to make non-binding recommendations to the parties to attempt to resolve the grievance.
e. STEP V: Chancellor If the grievance is not resolved in Step IV, it may be appealed in writing to the Chancellor within five (5) working days after the conclusion of Step IV. The Chancellor or his/her designee shall, upon request, meet with the grievant and his/her representative in an attempt to resolve the grievance. Within five (5) working days after such meeting, or within ten (10) working days after receipt of the appeal, whichever is applicable, the Chancellor shall render his/her written decision.
f. STEP VI: Arbitration
1. If the grievant grievance is not resolved in Step IV, the Union may, within twenty (20) working days after receipt of the written decision in Step IV, notify the Chancellor or his/her designee in writing of the request to have the grievance submitted to binding arbitration.
2. SEIU and the District shall attempt to agree upon an arbitrator and, if no such agreement can be reached, the parties shall jointly request that the California State Mediation and Conciliation Service supply a panel of seven (7) names of arbitrators. The parties shall thereafter meet and determine the choice of first strike from such a list by lot, and alternately strike names from such list until a single name remains.
3. The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the SEIU. All other expenses, including fees for witnesses, or the costs of substitutes for witnesses, shall be borne by the party incurring them.
4. The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues that were submitted to arbitration. If the parties cannot agree upon a summary of the issues, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each level. In disputed cases regarding whether or not a grievance claim is within the scope of these proceedings, the arbitrator shall first rule on the jurisdiction of the issue.
5. The arbitrator shall have no power to add to, subtract from, or modify the terms of this Agreement.
6. The arbitrator shall promptly render his/her decision to the parties. The decision of the arbitrator is final and binding.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance Procedures. 4.1 A grievance is a written allegation that there has been a violation, misinterpretation, or misappropriation of the Agreement by the District.
4.2 A Grievant is a unit member, or the Association, filing the grievance.
4.3 A day, for the purpose of resolving a grievance, shall be a day when the schools in the District are in session, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing a written grievance, a grievant may attempt to resolve the problem by an informal conference with the immediate supervisor.
4.5 A grievance must be filed submitted within thirty fifteen (3015) working days after the grievant first knew, or by reasonable diligence should have first known, of the event condition(s) upon which gave rise the grievance is based. SEIU and the District may mutually agree to waive specific steps in the grievance process when deemed appropriate or to return a grievance to a previous step.
a. STEP I: Immediate Supervisor The aggrieved employee shall first informally discuss the grievance with his/her immediate supervisor. The immediate supervisor shall render a verbal decision upon the grievance to the grievance.
4.6 A written grievance shall first be filed with the immediate supervisor and with the president of the Association. The written grievance shall identify the section(s) of this Agreement alleged to have been violatedgrievant as expeditiously as possible, misinterpreted or misapplied. It shall specify the remedy which the grievant seeks.
4.7 Within but in no event more than ten (10) working days after receipt of the grievance, the immediate supervisor shall have met with the grievant and issued a decision in writinginformal conference.
4.8 b. STEP II: Vice President, Business Services or District Office Manager If the grievant is dissatisfied not satisfied with the decision of in Step I, he/she may appeal in writing on the immediate supervisor, or appropriate form the ten (10) days have elapsed without a response, the grievant may decision within five (5) days appeal the grievance to the Superintendent.
4.9 Within ten (10) working days after the receipt of the appeal, decision in Step I to the Superintendent Vice President of Business Services or the appropriate District Office Manager under whose jurisdiction the grievance occurred. The Vice President/District Administrative Center manager shall have met with render a written decision to the grievant and issued a decision in writing.
4.10 If ten (10) days have elapsed without a response, the grievant may, within five (5) days request in writing that the Association submit the grievance to arbitration.
4.11 Within ten (10) days of the receipt of a request for arbitration, the Association shall determine if the grievance is to be submitted to arbitration and shall so notify the District.
4.12 Within ten (10) days of a decision by the Association to submit a grievance to arbitration, the District and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) days, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing to the District and the Association. The remedy of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the Association.
4.14 A grievant may seek to resolve a grievance prior to arbitration without intervention by the Association, provided that the resolution is consistent with the terms of this Agreement.
4.15 No grievance shall be resolved before the Association has been given the opportunity to submit a written response. This written response shall be submitted within ten (10) working days after submission of the appeal.
c. STEP III: College President or Appropriate District Office Manager If the grievant is not satisfied with the written decision in Step II, he/she may appeal the decision within five (5) working days after the receipt of the written decision to Step II to the college president or the appropriate District Administrative Center manager. The college president/District Administrative Center manager shall, upon request, meet promptly with the grievant to discuss the grievance. The president/District Administrative Center manager shall render a written decision to the grievant and SEIU within ten (10) working days after submission of the appeal.
d. STEP IV: Chancellor If the grievant is not satisfied with the written decision in Step III, he/she may appeal the decision within five (5) working days after the receipt of the written decision in Step III to the Chancellor. The Chancellor or his/her designee shall, upon request, meet with the grievant and his/her representative in an attempt to resolve the grievance. Within five (5) working days after such meeting, or within ten (10) working days after receipt of the appeal, whichever is applicable, the Chancellor shall render his/her written decision.
e. STEP V: Arbitration
1. If the grievant is not satisfied with the written decision in Step IV, the Union may, within twenty (20) working days after receipt of the written decision in Step IV, notify the Chancellor or his/her designee in writing of the request to have the grievance has been filedsubmitted to advisory arbitration.
2. SEIU and the District shall attempt to agree upon an arbitrator and, if no such agreement can be reached, the parties shall jointly request that the California State Mediation and Conciliation Service supply a panel of seven (7) names of arbitrators. The parties shall thereafter meet and determine the choice of first strike from such a list by lot, and alternately strike names from such list until a single name remains.
3. The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the SEIU. All other expenses, including fees for witnesses, or the costs of substitutes for witnesses, shall be borne by the party incurring them.
4. The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues that were submitted to arbitration. If the parties cannot agree upon a summary of the issues, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each level. In disputed cases regarding whether or not a grievance claim is within the scope of these proceedings, the arbitrator shall first rule on the jurisdiction of the issue.
5. The arbitrator shall have no power to add to, subtract from, or modify the terms of this Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance Procedures. 4.1 A grievance is a written allegation A. Any teacher or group of teachers believing that there has been a violation, misinterpretationmisinterpretation or misapplication of any provision of this Agreement or of any rule, order or misappropriation regulation of the Agreement by Board regarding wages, hours, terms or conditions of employment may take the District.
4.2 A Grievant is a unit member, or following steps to implement the Association, filing settlement of the grievance.
4.3 A day, for the purpose of resolving a grievance, alleged violation. All reference to this Article to principal shall be a day when the schools in the District are in session, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing a written grievance, a grievant may attempt to resolve the problem by an informal conference with the immediate also mean appropriate supervisor.
4.5 A grievance must be filed within thirty (30) days of the event which gave rise B. Both parties mutually understand and agree to the grievance.
4.6 A written grievance shall first be filed with the immediate supervisor allow discussions and with the president of the Association. The written grievance shall identify the section(s) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeks.
4.7 Within ten (10) days after receipt of the grievance, the immediate supervisor shall have met with the grievant resolutions concerning contractual issues between an individual association member and issued a decision in writing.
4.8 If the grievant is dissatisfied with the decision of the immediate supervisor, or the ten (10) days have elapsed without a response, the grievant may within five (5) days appeal the grievance to the Superintendent.
4.9 Within ten (10) days after receipt of the appeal, the Superintendent shall have met with the grievant and issued a decision in writing.
4.10 If ten (10) days have elapsed without a response, the grievant may, within five (5) days request in writing that the Association submit the grievance to arbitration.
4.11 Within ten (10) days of the receipt of a request for arbitration, the Association shall determine if the grievance is to be submitted to arbitration and shall so notify the District.
4.12 Within ten (10) days of a decision by the Association to submit a grievance to arbitration, the District and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) days, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing to the District and the Association. The remedy of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the Association.
4.14 A grievant may seek to resolve a grievance prior to arbitration without intervention by the Association, his/her administrator provided that the said resolution is consistent with the terms of this Agreement.
4.15 No grievance shall be resolved before the Master Agreement and the Association has been given the opportunity to submit be present at such adjustments.
1. If, after meeting and discussing the alleged violation with the building principal, a satisfactory settlement cannot be concluded, the teacher or teachers may, within seven (7) work days of the occurrence of the alleged violation, file a written responsegrievance with the principal.
2. This Within ten (10) work days of receipt of the written response grievance, the principal shall meet with the Association representative in an effort to resolve the grievance. Affected teacher(s) may or may not be present at such meeting. The principal’s written answer shall be submitted given within ten (10) working work days after such meeting.
3. When the particular grievance arises in more than one (1) school building and the Association and the aggrieved teacher(s) believe the grievance has been filedmerit, the written grievance shall be filed with the Assistant Superintendent of Human Resources, at Step Two.
1. If the meeting with the principal does not result in an agreement, and the Association and the aggrieved teacher(s) believe the grievance has merit, the grievance shall be transmitted within ten (10) work days after receipt of the principal’s answer to the Assistant Superintendent of Human Resources, by the Association president or his/her alternate.
2. The Assistant Superintendent of Human Resources shall hold either a formal or informal discussion with any or all parties involved. Within fifteen (15) work days of receipt of the written grievance, he/she shall return the grievance to the Association president with his/her decision to approve or deny said grievance. If the matter is not resolved at Step 2, then the aggrieved teacher(s) may appeal to the Superintendent within ten (10) work days, and the Superintendent shall notify the parties of his decision within ten
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Grievance Procedures. 4.1 A A. Level I - Worksite The Association may present the grievance is a written allegation that there has been a violation, misinterpretation, or misappropriation of the Agreement by the District.
4.2 A Grievant is a unit member, or the Association, filing the grievance.
4.3 A day, for the purpose of resolving a grievance, shall be a day when the schools in the District are in session, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing a written grievance, a grievant may attempt to resolve the problem by an informal conference with the immediate supervisor.
4.5 A grievance must be filed within thirty (30) days of the event which gave rise writing to the grievance.
4.6 A written grievance shall first be filed with the grievant's immediate supervisor and with the president of the Association. The written grievance shall identify the section(s) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeks.
4.7 Within who will arrange for a meeting within ten (10) days after receipt of the grievance. The grievant, an Association representative, and the grievant's immediate supervisor shall have met with may also request that a representative of the administration be present on his behalf. The supervisor must provide the Association and the grievant and issued a decision in writing.
4.8 If written answer on the grievant is dissatisfied with the decision of the immediate supervisor, or the grievance within ten (10) days have elapsed without a responsefrom the date of said meeting. The answer will state the rationale for the decision. By mutual agreement, the grievant timelines may within five (5) days appeal be extended to achieve the most suitable resolution. If the grievance is a result of suspension or termination, both parties may agree to move from Level I to Level III if the employee and the Association seek an arbitration hearing.
B. Level II - District If the Association and the grievant are not satisfied with the disposition of the grievance at Level 1, the grievance may be referred to the Superintendent.
4.9 Within ten (10) days after receipt . The Superintendent or the Superintendent’s designee shall arrange for a meeting with representatives of the appeal, Association and the Superintendent shall have met with the grievant and issued a decision in writing.
4.10 If ten (10grievant(s) days have elapsed without a response, the grievant may, to take place within five (5) days request in writing that the Association submit the grievance to arbitration.
4.11 Within ten (10) days of the receipt of a request for arbitration, the Association appeal. The Superintendent or the Superintendent's designee shall determine if the grievance is to be submitted to arbitration and shall so notify the District.
4.12 Within have ten (10) days to provide a written answer after the meeting has been completed. The answer shall state the rationale for the decision. This time limit may be extended only by mutual consent of a decision by the parties.
C. Level III - Arbitration If the Association to submit a is not satisfied with the disposition of the grievance to arbitrationat Level II or if the time limit for response at Level II has expired without the issuance of the required written answer, the District and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) days, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing to the District and the Association. The remedy of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the Association.
4.14 A grievant grievance may seek to resolve a grievance prior to arbitration without intervention by the Association, provided that the resolution is consistent with the terms of this Agreement.
4.15 No grievance shall be resolved before the Association has been given the opportunity to submit a written response. This written response shall be submitted within ten thirty (1030) working days after to final and binding arbitration according to the grievance has been filed.rules of the American Arbitration Association
Appears in 2 contracts
Sources: Master Contract, Master Contract
Grievance Procedures. 4.1 50.1 A grievance is a written allegation claim filed by an employee and/or the Association with the consent of an aggrieved employee alleging that there the District has been violated, misinterpreted, misapplied, unfairly applied, or not applied any provision of this Agreement which affects said employee and which shall be processed as hereinafter provided. This Article shall not limit an employee's right to discuss a complaint via administrative channels and to solve the problem without resorting to these grievance channels. It is usually most desirable for an employee and the appropriate administrator to resolve problems through free and informal communications. (Employees may obtain grievance processing forms at the Association Office or the District Human Resources Office.)
50.1.1 Step 1 - Within twenty (20) school days following knowledge by the grieving employee(s) of an alleged violation, misapplication, misinterpretation, or misappropriation of the Agreement by the District.
4.2 A Grievant is a unit memberunfair application, or lack of application of any provision of this Agreement affecting a grieving employee, the Association, filing the grievance.
4.3 A day, for the purpose of resolving a grievance, employee(s) shall be a day when the schools in the District are in session, excluding Saturdays, Sundays and Summer Session.
4.4 Before invoke this grievance procedure by filing a written grievance, a grievant may attempt to resolve the problem by an informal conference claim with the immediate supervisor.
4.5 A supervisor immediately involved in the dispute. If the grievance must be filed within thirty (30) days of the event which gave rise to the grievance.
4.6 A written grievance shall first involves more than one school building, it may be filed with the Superintendent or his/her designee. Within five (5) school days of receipt of the grievance claim, the immediate supervisor and shall schedule a meeting with the president grievant and such meeting shall be held within the (10) school days of receipt of the Associationgrievance. The written grievant may be represented by an Association grievance representative at the grievant's sole option, in an effort to resolve the grievance. The immediate supervisor shall identify answer the section(s) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeks.
4.7 Within claim in writing within ten (10) school days after of such meeting and shall furnish a copy thereof to the grievant, the Superintendent, the Association and the Grievance Representative(s). Such answer shall include the reasons upon which the decision is based.
50.1.2 Step 2 - If the grievant is not satisfied with the disposition of the grievance, or if no disposition has been made within ten (10) school days of such meeting, the grievance shall be transmitted by the grievant to the Superintendent or his/her designee within ten (10) school days. The Superintendent or his/her designee shall schedule a meeting with the grievant within five (5) school days of receipt of the grievance, the immediate supervisor and such meeting shall have met with the grievant and issued a decision in writing.
4.8 If the grievant is dissatisfied with the decision of the immediate supervisor, or the be held within ten (10) school days have elapsed without of receipt of the grievance. The Superintendent or designee shall indicate the disposition of the grievance in writing within ten (10) school days of such meeting, and shall furnish a responsecopy thereof to the grievant, the Superintendent, the Association and the Grievance Representative(s). During this meeting, the grievant may within five (5) days appeal be represented by an Association grievance representative at the grievant's sole option. Legal advisors and witnesses for both parties may be present.
50.1.3 Step 3 - If not satisfied with the disposition of the grievance to the Superintendent.
4.9 Within ten (10) days after receipt of the appeal, the Superintendent shall have met with the grievant and issued a decision in writing.
4.10 If ten (10) days have elapsed without a responseat Step 2, the grievant mayshall, with the consent of the Association, within five twenty (520) school days request in writing that so advise the Association Superintendent or his/her designee of the intent to submit the grievance dispute to arbitration.
4.11 Within ten (10) days of . Once notice to the receipt of a request for arbitration, the Association shall determine if the grievance superintendent or designee is to be submitted to arbitration and shall so notify the District.
4.12 Within ten (10) days of a decision by the Association to submit a grievance to arbitration, the District and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) daysprovided, the parties shall request meet to mutually identify the California arbitration agency which will handle the matter; provided, however, if the parties are unable to agree upon an arbitration agency to submit the dispute, the matter will be forwarded to the American Arbitration Association (AAA), or other mutually agreed upon agencies, such as the Federal Mediation and Conciliation Service to supply (FMCS), for processing.
A. Arbitration shall be conducted by an arbitrator selected by the District and Association from a list of five (5) persons who are experienced submitted to them by the arbitration agency agreed upon in public school arbitrationaccordance with that agency’s selection rules.
B. During arbitration under this Agreement, the agreed upon arbitration agency’s rules shall apply; additional rules may be adopted by the arbitrator. By mutual consent, expedited rules shall apply.
C. The District arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. He/she shall decide all arbitrability issues. Upon request of either party, the merits of the grievance and the Association shall alternately strike a name from arbitrability issues arising in connection with the list until only one remains. The order of striking grievance shall be determined by lot.
4.13 Upon completion of a hearingconsolidated for hearing before the arbitrator; provided, however, that the arbitrator shall issue findings and a remedy consider any questions of arbitrability of the grievance prior to hearing the merits of the grievance.
D. During arbitration, neither party may present any documentary evidence to the arbitrator not previously disclosed to the other party.
E. The arbitrator shall determine the decision or award, which shall be published in writing not later than thirty (30) calendar days from the date of the hearing or, if oral hearings have been waived by both parties, then from the date the final statement and proof are submitted to the arbitrator. The decision or award shall set forth the arbitrator's findings of fact, reasoning, and conclusions on the issues submitted and shall be final and binding on both parties.
50.1.4 Except that, as a step prior to arbitration and with mutual agreement between the District and the Association. The remedy of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall , Mediation procedures may be advisory on the District and the Associationutilized with a jointly selected Arbitrator/Mediator.
4.14 A grievant may seek to resolve a grievance prior to arbitration without intervention by the Association, provided that the resolution is consistent with the terms of this Agreement.
4.15 No grievance shall be resolved before the Association has been given the opportunity to submit a written response. This written response shall be submitted within ten (10) working days after the grievance has been filed.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance Procedures. 4.1 A. A grievance is claim by a written allegation Teacher or the Association that there has been a violation, misinterpretation, violation or misappropriation misapplication of the any provision of this Agreement by the Districtmay be processed as a grievance as hereinafter provided.
4.2 A Grievant B. It is the intent of this Article to establish a unit member, or means for prompt adjustment of a grievance at the Association, filing the grievance.
4.3 A day, for the purpose of resolving a grievance, shall be a day when the schools in the District are in session, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing a written grievance, a grievant may attempt to resolve the problem by an informal conference school level with the Teacher and the immediate supervisor.
4.5 Supervisor. A grievance must be filed Teacher with a complaint shall, within thirty (30) calendar days of alleged violation or misapplication, first state his/her complaint to his/her immediate Supervisor. If, at the event which gave rise to end of fourteen (14) calendar days, the grievanceproblem is not satisfactorily settled, the grievance procedure may be implemented within the succeeding fourteen (14) calendar days.
4.6 A Step 1. The signed written grievance shall first be filed presented to the Superintendent with copies to the immediate supervisor and with the president Association. Within seven (7) calendar days, a meeting will be held among the aggrieved Teacher, the Association representative, and the Superintendent. If an agreement is reached, written copies of the Associationdisposition shall be furnished to the parties involved. If no agreement is reached, then, within seven (7) calendar days.
Step 2. The written grievance shall identify be submitted to the section(s) Board of this Agreement alleged Education for a hearing. Said hearing is to have been violated, misinterpreted or misapplied. It shall specify take place at the remedy which the grievant seeks.
4.7 Within ten (10) days first regularly scheduled Board of Education meeting after receipt of the grievance, the immediate supervisor shall unless time lines have met with the grievant and issued a decision been changed by mutual agreement as provided in writing.
4.8 paragraph D of this article. If the grievant no agreement is dissatisfied with the decision of the immediate supervisor, or the ten reached within seven (107) days have elapsed without a response, the grievant may within five (5) days appeal the grievance to the Superintendent.
4.9 Within ten (10) calendar days after receipt of the appealfirst regular Board meeting following the hearing, the Superintendent shall have met with the grievant and issued a decision in writing.
4.10 If ten (10) days have elapsed without a response, the grievant maythen, within five fourteen (514) days request in writing that the Association submit the calendar days:
Step 3. The grievance to arbitration.
4.11 Within ten (10) days of the receipt of a request for arbitration, the Association shall determine if the grievance is to may be submitted to arbitration and shall so notify the District.
4.12 Within ten (10) days of a decision by the Association to submit a grievance to arbitration, the District and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) days, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing to the District and the Association. The remedy Arbitrator will be selected according to the rules and procedures of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the American Arbitration Association.
4.14 A grievant may seek to resolve a grievance prior to arbitration without intervention by the Association1. He/she shall have no power to: establish salary structure, provided that the resolution is consistent with the add to, subtract from, disregard, alter or modify any terms of this Agreement.
4.15 No grievance 2. He/she shall have no power to rule on any matters regarding: termination or failure to re-employ probationary Teachers, and the evaluation appraisal.
3. He/she shall have no power to change any practice, policy, or rule of the Board nor limit the authority of the Board, regarding any such matters or action taken by the Board. The Arbitrator shall have power to rule that a practice, policy or rule of the Board is in violation of the Agreement. Then Article XI, Section D., will take precedence.
4. He/she shall have no power to rule on any claim or complaint for which there is a remedial procedure or recourse established by law or by regulation having the force of law, including any matter subject to the procedures specified in the Teacher's Tenure Act (Act IV Public Acts, extra session, of 1937 of Michigan as amended).
5. The decision of the Arbitrator will be binding on both parties.
C. The fees and expenses of the Arbitrator shall be resolved before shared equally by the Association has been given and the opportunity to submit a written response. This written response Board.
D. The time limits provided in the Article shall be submitted within ten (10) working days strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship of any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
E. No reprisals of any kind shall be taken by either party against any party in interest.
F. All documents, communications and records dealing with the processing of a grievance will be filed separately from the personnel files of the participants.
G. Forms for filing grievances will be as that appearing in Appendix 4 A and 4 B.
H. Every effort shall be made to avoid interruption of classroom activities and to avoid the involvement of pupils in all phases of the grievance has been filedprocedure.
I. The District will, upon request, provide the Association with pertinent records which may be required by the Association to process grievances under this Agreement.
J. Nothing contained herein will deprive any Teacher of any legal right which he/she presently has, provided that if a Teacher elects to pursue any legal or statutory remedy such election will bar any further or subsequent proceedings for relief under the provisions of this Article.
K. The Association on behalf of a group or class of Teachers may initiate the grievance procedure at Step 1.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Grievance Procedures. 4.1 15.1 A grievance is a written allegation claim filed by an employee and/or the Association with the consent of an aggrieved employee alleging that there the District has been violated, misinterpreted, misapplied, unfairly applied, or not applied any provision of this Agreement which affects said employee and which shall be processed as hereinafter provided. This article shall not limit an employee's right to discuss a complaint via administrative channels and to solve the problem without resort to these grievance channels. Employees may obtain a grievance form packet from the Association Office or the District Human Resources Office.
15.2 Step 1 - Within twenty (20) days following knowledge by the grieving employee(s) of an alleged violation, misapplication, misinterpretation, or misappropriation of the Agreement by the District.
4.2 A Grievant is a unit memberunfair application, or lack of application of any provision of this Agreement affecting a grieving employee, the Association, filing the grievance.
4.3 A day, for the purpose of resolving a grievance, employee(s) shall be a day when the schools in the District are in session, excluding Saturdays, Sundays and Summer Session.
4.4 Before invoke this grievance procedure by filing a written grievance, a grievant may attempt to resolve the problem by an informal conference claim with the immediate supervisor.
4.5 A supervisor immediately involved in the dispute. If the grievance must be filed within thirty (30) days of the event which gave rise to the grievance.
4.6 A written grievance shall first involves more than one school building, it may be filed with the Superintendent or her/his designee. Within five (5) days of receipt of the grievance claim, the immediate supervisor and shall schedule a meeting with the president of the Association. The written grievance grievant and such meeting shall identify the section(s) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeks.
4.7 Within be held within ten (10) days after of receipt of the grievance. The grievant may be represented by an Association grievance representative at the grievant's sole option, in an effort to resolve the grievance. The immediate supervisor shall have met with answer the grievant and issued a decision claim in writing.
4.8 If the grievant is dissatisfied with the decision of the immediate supervisor, or the writing within ten (10) days have elapsed without of such meeting and shall furnish a responsecopy thereof to the grievant. Such answer shall include the reasons upon which the decision is based.
15.3 Step 2 - If the grievant is not satisfied with the disposition of the grievance, or if no disposition has been made within ten (10) days of such meeting, the grievance shall be transmitted by the grievant may to the Superintendent or her/his designee within five (5) days. The Superintendent or her/his designee shall schedule a meeting with the grievant within five (5) days appeal the grievance to the Superintendent.
4.9 Within ten (10) days after of receipt of the appealgrievance, the Superintendent and such meeting shall have met with the grievant and issued a decision in writing.
4.10 If ten (10) days have elapsed without a response, the grievant may, take place within five (5) days request in writing that the Association submit the grievance to arbitration.
4.11 Within ten (10) days of the receipt of a request for arbitration, the Association grievance. The Superintendent or designee shall determine if indicate the disposition of the grievance is to be submitted to arbitration and shall so notify the District.
4.12 Within in writing within ten (10) days of such meeting, and shall furnish a decision copy thereof to the grievant. During this meeting, the grievant may be represented by an Association grievance representative at the grievant's sole option. Legal advisors and witnesses for both parties may be present.
15.4 Step 3 - If not satisfied with the disposition of the grievance at Step 2, the grievant shall, with the consent of the Association, within twenty (20) days so advise the Superintendent or her/his designee and may submit the matter to the American Arbitration Association to submit a (AAA), which will handle the grievance to arbitration, claim as provided below.
1. Arbitration shall be conducted by an arbitrator selected by the District and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) days, the parties shall request the California Conciliation Service to supply from a list of five (5) persons who are experienced submitted to them by the AAA, in public school arbitrationaccordance with AAA selection rules.
2. During arbitration under this Agreement, AAA rules shall apply; additional rules may be adopted by the arbitrator. By mutual consent, AAA expedited rules shall apply.
3. The District arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. She/he shall decide all arbitrability issues. Upon request of either party, the merits of the grievance and the Association shall alternately strike a name from arbitrability issues arising in connection with the list until only one remains. The order of striking grievance shall be determined by lot.
4.13 Upon completion of a hearingconsolidated for hearing before the arbitrator; provided, however, that the arbitrator shall issue findings and a remedy consider any questions of arbitrability of the grievance prior to hearing the merits of the grievance.
4. During arbitration, neither party may present any documentary evidence to the arbitrator not previously disclosed to the other party.
5. The arbitrator shall determine the decision or award, which shall be published in writing not later than thirty (30) calendar days from the date of the hearing or, if oral hearings have been waived by both parties, then from the date the final statement and proof are submitted to the arbitrator. The decision or award shall set forth the arbitrator's findings of fact, reasoning, and conclusions on the issues submitted and shall be final and binding on both parties.
15.5 Except that, as a step prior to arbitration and with mutual agreement between the District and the Association. The remedy of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall , Mediation procedures may be advisory on the District and the Associationutilized with a jointly selected Arbitrator/Mediator.
4.14 A grievant may seek to resolve a grievance prior to arbitration without intervention by the Association, provided that the resolution is consistent with the terms of this Agreement.
4.15 No grievance shall be resolved before the Association has been given the opportunity to submit a written response. This written response shall be submitted within ten (10) working days after the grievance has been filed.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance Procedures. 4.1 A grievance is a written allegation that there has been a violation, misinterpretation, or misappropriation of the Agreement by the District.
4.2 A Grievant is a unit member, or the Association, filing the grievance.
4.3 A day, for the purpose of resolving a grievance, shall be a day when the schools in the District are in session, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing a written grievance, a grievant may attempt to resolve the problem by an informal conference with the immediate supervisor.
4.5 A grievance must be filed submitted within thirty fifteen (3015) working days after the grievant first knew, or by reasonable diligence should have first known, of the event condition(s) upon which gave rise the grievance is based. SEIU and the District may mutually agree to waive specific steps in the grievance process when deemed appropriate or to return a grievance to a previous step.
a. STEP I: Immediate Supervisor The aggrieved employee shall first informally discuss the grievance with his/her immediate supervisor. The immediate supervisor shall render a verbal decision upon the grievance to the grievance.
4.6 A written grievance shall first be filed with the immediate supervisor and with the president of the Association. The written grievance shall identify the section(s) of this Agreement alleged to have been violatedgrievant as expeditiously as possible, misinterpreted or misapplied. It shall specify the remedy which the grievant seeks.
4.7 Within but in no event more than ten (10) working days after receipt of the grievance, the immediate supervisor shall have met with the grievant and issued a decision in writinginformal conference.
4.8 b. STEP II: Vice President, Business Services or District Office Manager If the grievant is dissatisfied not satisfied with the decision of in Step I, he/she may appeal in writing on the immediate supervisor, or appropriate form the ten (10) days have elapsed without a response, the grievant may decision within five (5) days appeal the grievance to the Superintendent.
4.9 Within ten (10) working days after the receipt of the appeal, decision in Step I to the Superintendent Vice President of Business Services or the appropriate District Office Manager under whose jurisdiction the grievance occurred. The Vice President/District Administrative Center manager shall have met with render a written decision to the grievant and issued a decision in writing.
4.10 If ten (10) days have elapsed without a response, the grievant may, within five (5) days request in writing that the Association submit the grievance to arbitration.
4.11 Within ten (10) days of the receipt of a request for arbitration, the Association shall determine if the grievance is to be submitted to arbitration and shall so notify the District.
4.12 Within ten (10) days of a decision by the Association to submit a grievance to arbitration, the District and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) days, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing to the District and the Association. The remedy of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the Association.
4.14 A grievant may seek to resolve a grievance prior to arbitration without intervention by the Association, provided that the resolution is consistent with the terms of this Agreement.
4.15 No grievance shall be resolved before the Association has been given the opportunity to submit a written response. This written response shall be submitted within ten (10) working days after submission of the appeal.
c. STEP III: College President or Appropriate District Office Manager If the grievant is not satisfied with the written decision in Step II, he/she may appeal the decision within five (5) working days after the receipt of the written decision to Step II to the college president or the appropriate District Administrative Center manager. The college president/District Administrative Center manager shall, upon request, meet promptly with the grievant to discuss the grievance. The president/District Administrative Center manager shall render a written decision to the grievant and SEIU within ten (10) working days after submission of the appeal.
d. STEP IV: Chancellor If the grievant is not satisfied with the written decision in Step III, he/she may appeal the decision within five (5) working days after the receipt of the written decision in Step III to the Chancellor. The Chancellor or his/her designee shall, upon request, meet with the grievant and his/her representative in an attempt to resolve the grievance. Within five (5) working days after such meeting, or within ten (10) working days after receipt of the appeal, whichever is applicable, the Chancellor shall render his/her written decision.
e. STEP V: Arbitration
1. If the grievant is not satisfied with the written decision in Step IV, the Union may, within twenty (20) working days after receipt of the written decision in Step IV, notify the Chancellor or his/her designee in writing of the request to have the grievance has been filedsubmitted to advisory arbitration.
2. SEIU and the District shall attempt to agree upon an arbitrator and, if no such agreement can be reached, the parties shall jointly request that the California State Mediation and Conciliation Service supply a panel of seven
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievance Procedures. 4.1 A grievance is a written allegation that there has been a violation, misinterpretation, or misappropriation of the Agreement by the District.
4.2 A Grievant is a unit member, or the Association, filing the grievance.
4.3 A day, for the purpose of resolving a grievance, shall be a day when the schools in the District are in session, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing a written grievance, a grievant may attempt to resolve the problem by an informal conference with the immediate supervisor.
4.5 9.01 A grievance must be filed within thirty (30) days of the event which gave rise to the grievance.
4.6 A written grievance shall first be filed with the immediate supervisor and with the president of the Association. The written grievance shall identify the section(s) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeks.
4.7 Within ten (10) days after receipt of the grievance, the immediate supervisor shall have met with the grievant and issued a decision in writing.
4.8 If the grievant is dissatisfied with the decision of the immediate supervisor, or the ten (10) days have elapsed without a response, the grievant may within five (5) days appeal the grievance to the Superintendent.
4.9 Within ten (10) days after receipt of the appeal, the Superintendent shall have met with the grievant and issued a decision in writing.
4.10 If ten (10) days have elapsed without a response, the grievant may, within five (5) days request in writing that the Association submit the grievance to arbitration.
4.11 Within ten (10) days of the receipt of a request for arbitration, the Association shall determine if the grievance is to be submitted to arbitration and shall so notify the District.
4.12 Within ten (10) days of a decision by the Association to submit a grievance to arbitration, the District and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) days, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing to the District and the Association. The remedy of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the Association.
4.14 A grievant may seek to resolve a grievance prior to arbitration without intervention by the Association, provided that the resolution is consistent with the terms of this Agreement.
4.15 No grievance shall be resolved before the Association has been given the opportunity to submit a written response. This written response shall be submitted within ten (10) working days after of the date on which the alleged violation of the Collective Agreement arose or became apparent. Such grievance must show the alleged article violated and must provide for a remedy.
9.02 An Employee who has a question, complaint or general grievance shall discuss the matter with his immediate Supervisor, if a settlement is not arranged, the grievor and the ▇▇▇▇▇▇▇ shall present the grievance has been filedin writing to the Supervisor within five (5) working days from the presenting the grievance under 9.01.
9.03 If the settlement is not arranged the grievor and his ▇▇▇▇▇▇▇ shall present the grievance to the President within five (5) working days from presenting the grievance under 9.02.
9.04 If a settlement is not arranged the grievance will be taken up a meeting between the Company and the Union represented by the grievor, the ▇▇▇▇▇▇▇ and the business Representative, within ten (10) working days from presenting the grievance under 9.03.
9.05 A mutually acceptable settlement shall not establish precedent.
9.06 If a settlement is not arranged the grievance shall be referred to single Arbitrator by written notice to the other party within thirty (30) calendar days from the meeting under 9.04.
9.07 In the event that agreement to the Arbitrator cannot be reached within thirty (30) days from receiving the Notice under 9.06 either party may apply to the Minister of Labour of Ontario to name an Arbitrator.
9.08 The Arbitrator’s decision shall be binding on the parties, while the Arbitration fees and expenses are to be shared equally.
9.09 An Arbitrator shall not alter, add to, subtract from, modify or amend any part of this Agreement. He shall, however, in respect of a grievance involving the suspension or discharge of an employee, be entitled to set aside or substitute such other penalty as the Arbitrator sees just and reasonable in all the circumstances.
9.10 A management grievance shall be presented in writing at a meeting in accordance with 9.01 and 9.04.
9.11 A Union grievance or a Group grievance shall be presented to the President in accordance with 9.01 and 9.
9.12 All disciplinary actions beyond caution shall be given in the presence of the employee’s ▇▇▇▇▇▇▇.
9.13 A grievance alleging a suspension or discharge without just cause shall be presented in accordance with 9.04 within five (5) working days of the suspension or discharge.
9.14 Failure to observe the time limits, unless extended by agreement by the parties in writing, shall cause either party to proceed to the next stage of the grievance procedure or consider the grievance to be withdrawn.
9.15 Employees’ records of discipline shall be removed from their files after eighteen (18) months of issuance.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Grievance Procedures. 4.1 A. A grievance is shall mean a written allegation that there has been a violation, misinterpretationcomplaint by an employee in the Bargaining Unit, or misappropriation by a group of the Agreement employees, or by the District.
4.2 A Grievant is a unit memberUnion on its own behalf, or the Association, filing the grievance.
4.3 A day, for the purpose concerning any alleged violation of resolving a grievance, this Agreement. All grievances shall be a day when settled in conformity with the schools in following grievance procedures:
B. Step One
1. Prior to the District are in session, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing of a written grievance, but no later than three (3) working days after the cause of the grievance, or the grievant knew of the cause or should have known the cause, the grievant, with or without a grievant may attempt to resolve representative of the problem by an informal conference Union, shall meet with the immediate appropriate supervisor in whose area the grievance arose to discuss the matter with the object of conflict resolution. The supervisor shall make a written disposition within three (3) working days. Within three (3) working days after the written decision of the supervisor, the appropriate administrator shall review and sign the grievance before moving to Step Two.
2. If the grievance remains unresolved after discussion, the Union may submit a typewritten or printed grievance not later than ten (10) working days after the grievant’s knowledge that a grievance exists. A copy of the written grievance shall be dated and signed by the grievant and/or Union representative and submitted by the Union to the supervisor with whom the grievance has been discussed along with any attachment which the Union deems relevant to the case. In no event shall the Grievance Procedure be invoked for a grievance based on this Agreement later than the formal expiration of this Agreement.
3. Within five (5) working days after the grievance was presented to him, the supervisor shall communicate his decision in writing to the Union.
C. Step Two
1. If the grievance remains unresolved after Step One, the Union may submit the grievance to the Manager of Labor Relations within five (5) working days after receipt of the grievance answer from the supervisor.
4.5 A grievance must be filed within thirty 2. Within fifteen (3015) working days after receipt of the event which gave rise written grievance from the Union, the Manager of Labor Relations shall arrange and hold a fact-finding meeting concerning the grievance with the Bargaining Committee of the Union. At this meeting, the parties shall exchange all relevant documents, names of witnesses and other information to set forth all known facts regarding the grievance under discussion.
3. Within five (5) working days after this fact-finding meeting, the Manager of Labor Relations, or his designee, shall communicate his decision in writing, including a written explanation thereof, to the grievanceUnion. The Manager of Labor Relations shall date and sign the grievance disposition.
4.6 A written D. Step Three
1. If the grievance remains unresolved after Step Two of the Grievance Procedure, the Union shall first be filed request a hearing with the immediate supervisor Manager of Labor Relations within five (5) working days after receipt of the grievance answer from the Manager in order to discuss the grievance further.
2. At this hearing, both parties again shall set forth all known facts regarding the grievance(s) under discussion. Within fifteen (15) working days after the receipt of the request for an additional hearing, the Manager of Labor Relations shall arrange and hold a pre-arbitration hearing with the president of Union President, Financial Secretary, Bargaining Chairperson, and the Association. The written grievance shall identify the section(s) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeksInternational Representative.
4.7 3. Within ten (10) working days after this hearing, the Manager of Labor Relations shall communicate his decision in writing to the Union.
E. Step Four
1. If the grievance remains unresolved after Step Three of the Grievance Procedure, the Union may submit the grievance to arbitration. Official written notice of the desire for arbitration shall be submitted to the Manager of Labor Relations no later than ten (10) working days after receipt of the grievance, grievance answer from the immediate supervisor shall have met with the grievant and issued a decision Manager in writingStep Three.
4.8 If 2. The arbitration proceedings shall be conducted under the grievant is dissatisfied with the decision rules of the immediate supervisor, or the ten (10) days have elapsed without a response, the grievant may within five (5) days appeal the grievance to the Superintendent.
4.9 Within ten (10) days after receipt of the appeal, the Superintendent shall have met with the grievant and issued a decision in writing.
4.10 If ten (10) days have elapsed without a response, the grievant may, within five (5) days request in writing that the American Arbitration Association submit the grievance to arbitration.
4.11 Within ten (10) days of the receipt of a request for arbitration, the Association shall determine if the grievance is by an arbitrator to be submitted to arbitration and shall so notify the District.
4.12 Within ten (10) days of a decision selected by the Association to submit a grievance to arbitration, the District Employer and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) days, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing to the District and the Association. The remedy of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the Association.
4.14 A grievant may seek to resolve a grievance prior to arbitration without intervention by the Association, provided that the resolution is consistent with the terms of this Agreement.
4.15 No grievance shall be resolved before the Association has been given the opportunity to submit a written response. This written response shall be submitted Union within ten (10) working days after notice of the grievance desire for arbitration has been filedreceived by the Manager of Labor Relations. If the parties cannot agree upon an arbitrator, they shall request the Michigan Employment Relations Commission to provide a list of five (5) arbitrators. Both the Employer and the Union shall strike two (2) names from the list, taking turns to strike one name at a time. The Employer and the Union shall strike the first name for the first grievance submitted to arbitrate under this Agreement.
3. The arbitrator shall hear the matter promptly and shall issue his decision not later than thirty- (30) days from the close of the hearings.
4. The fees and expenses of the arbitrator shall be shared equally by the Employer and the Union. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other.
5. The decision and award of the arbitrator shall be in writing and shall set forth his opinions and conclusions on the issues submitted to him.
6. The decision and award of the arbitrator, if made in accordance with his jurisdiction and authority under this Agreement, shall be accepted as final by the Employer, the Union, and the employee or employees involved.
7. Nothing in the foregoing shall be construed to empower the arbitrator to make any decision amending, changing, subtracting from, or adding to the provisions of this Agreement.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Grievance Procedures. 4.1 A grievance Grievance is a written allegation claim by an employee, or the Association, that there has been a violation, misinterpretation, or misappropriation misapplication of any provision of this Agreement. A grievance may be filed no more than fifteen (15) school days from the date of the Agreement by occurrence. Every teacher and the District.
4.2 A Grievant is Association may present a unit membergrievance in accordance with these procedures. The parties agree to follow the steps as herein below set out in the processing of a grievance; and if at any time the Board's representative fails to give his/her written response within the time limit therein set forth, the teacher or Association may appeal the grievance to the next step at the expiration of said time limit. Any grievance not carried to the next step within the prescribed time limit, or the Association, filing the grievance.
4.3 A day, for the purpose of resolving a grievancesuch extension which has been agreed to, shall be automatically closed upon the basis of the last disposition. In computing time limits, only school days shall be included, and for their purpose, a school day when shall end at 4:00 p.m. If a grievance is filed at the schools end of the school year that cannot be resolved in the District are in sessionstated time limits, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing a written grievance, a grievant all time limits shall be shortened so the procedure may attempt to resolve the problem by an informal conference with the immediate supervisor.
4.5 A grievance must be filed completed within thirty (30) days of school days. Step One An employee or the event which gave rise to the grievance.
4.6 A written Association with a grievance shall first be filed discuss it with his/her Principal with the immediate supervisor and with aim of resolving the president of matter informally. Step Two If the Association. The written grievance shall identify the section(sis not settled, it shall, within three (3) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeks.
4.7 Within ten (10) school days after receipt of the grievance, the immediate supervisor shall have met with the grievant and issued a decision thereafter be set out in writing.
4.8 If , signed by the grievant is dissatisfied with the decision of the immediate supervisorteacher or authorized Association representative, or the ten (10) days have elapsed without a response, the grievant may within five (5) days appeal the grievance and given to the Superintendent.
4.9 Within ten (10) days after receipt of the appealPrincipal, the Superintendent shall have met with the grievant and issued a decision in writing.
4.10 If ten (10) days have elapsed without a response, the grievant maywho shall, within five (5) school days request in writing that after receipt thereof, give his/her written answer to the Association submit grievant and the grievance to arbitration.
4.11 Within ten (10) days of the receipt of a request for arbitration, the Association shall determine if Association. Step Three If the grievance is to be submitted to arbitration and shall so notify not settled in Step Two, the District.
4.12 Within ten (10) days of a teacher or Association may appeal the Principal's decision by giving a written notice of such appeal within three (3) school days after receipt of the Association to submit a grievance to arbitration, the District and the Association shall choose a mutually acceptable arbitratorPrincipal's decision. If no choice has been made after Within five (5) daysschool days after receipt, the parties Superintendent shall request meet with the California Conciliation Service teacher or Association to supply resolve the grievance. The Superintendent shall give a list of written answer within five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing to the District and the Association. The remedy of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the Association.
4.14 A grievant may seek to resolve a grievance prior to arbitration without intervention by the Association, provided that the resolution is consistent with the terms of this Agreement.
4.15 No grievance shall be resolved before the Association has been given the opportunity to submit a written response. This written response shall be submitted within ten (10) working days after the grievance has been filedclose of the discussion to the teacher and/or Association.
Appears in 2 contracts
Sources: Master Contract, Master Contract
Grievance Procedures. 4.1 A grievance 15.1 Any difference between any employee covered by this agreement and the Member Employer or in a proper case between the Alberta Teachers' Association and the SBEBA concerning the interpretation, application, operation or alleged violation of this agreement and further including any dispute as to whether the difference is a written allegation that there has been a violation, misinterpretation, or misappropriation of the Agreement by the District.
4.2 A Grievant is a unit member, or the Association, filing the grievance.
4.3 A day, for the purpose of resolving a grievancearbitrable, shall be dealt with as follows, without stoppage of work or refusal to perform work.
15.1.1 Where any references in clauses 15.1 to 15.6 inclusive are to a day when the schools in the District are in sessionperiod of days, excluding such period shall be exclusive of Saturdays, Sundays Sundays, statutory and Summer SessionMember Employer declared holidays.
4.4 Before filing 15.1.2 Step "A" - Such difference (hereinafter called "a written grievance, a grievant may attempt ") shall be promptly submitted in writing to resolve the problem by an informal conference with the immediate supervisor.
4.5 A grievance must be filed within thirty (30) days secretary of the event which gave Member Employer and to the chair of the economic policy committee of the Alberta Teachers' Association as the case may be. Such written submission shall be made within 30 days from the date of the incident giving rise to the grievance.
4.6 A written grievance or from the date the griever first had knowledge of the incident, whichever is later. Such grievance shall first be filed with set out the immediate supervisor and with the president of the Association. The written grievance shall identify the section(s) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeks.
4.7 Within ten (10) days after receipt nature of the grievance, the immediate supervisor articles of this agreement which it is alleged have been violated and the remedy sought. It shall have met be the responsibility of the respondent of the grievance to arrange a meeting with the grievant and issued a decision in writinggriever or their local representative within 10 days of receiving notice of the grievance.
4.8 If 15.1.3 Step "B" - In the grievant event the grievance is dissatisfied with not settled within 15 days after the decision date of submission of the immediate supervisorgrievance in accordance with Step "A", then on or the ten (10) before a further five days have elapsed without a responsefrom the expiration of the aforesaid 15 day time period, the grievant may within five (5) days appeal grievance shall be referred in writing by the griever specifically and at the same time to the following: the chairman of the teacher's grievance committee, the chairman of the Member Employer grievance committee and the secretary-treasurer of the Member Employer.
15.1.4 Step "C" - In the event the grievance to committee does not meet within 21 days following the Superintendent.
4.9 Within ten (10) days after receipt of the appealsubmission or in the event the said committee does not reach a unanimous decision within the said time, then either party may by written notice require the Superintendent shall have met with establishment of an arbitration board as hereinafter provided. Such notice must be given within 10 days after the grievant and issued aforesaid 21 day time limit expires or if the grievance committee fails to render a decision in writingunanimous decision.
4.10 If ten (10) days have elapsed without 15.2 In a response, the grievant may, within five (5) days request in writing that the Association submit the grievance to arbitration.
4.11 Within ten (10) days of the receipt of a request for arbitrationproper case, the Association shall determine if the grievance is to be submitted to arbitration and shall so notify the District.
4.12 Within ten (10) days of a decision by the Association to may submit a grievance to arbitration, the District and SBEBA or the Association shall choose SBEBA may submit a mutually acceptable arbitrator. If no choice has been made after five (5) days, grievance to the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitrationAssociation. The District and the Association grievance respondent shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy have 15 days to reply in writing to the District grieving party as to their decision. Should the matter not be settled, the grieving party has 15 days to request a meeting with the respondent in an attempt to settle the matter. Following this meeting the respondent shall respond in writing within 10 days with their decision. Should the matter still not be resolved the grieving party may inform the respondent in writing within 10 days of receiving the respondent’s decision of their intent to refer the matter to an arbitration board.
15.3 Each party shall appoint one member as its representative on the arbitration board within seven days of such notice and the Association. The remedy two members shall endeavor to select an independent chairman.
15.4 If the two members fail to select a chairman within five days after the day on which the latter of the arbitrator two members is appointed, they shall conform request the Director of Mediation Services to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the Associationselect a chairman.
4.14 A grievant may seek 15.5 The arbitration board shall determine its own procedure but shall give full opportunity to resolve a grievance prior all parties to present evidence and to be heard.
15.6 The arbitration without intervention by the Associationboard shall not change, provided that the resolution is consistent with modify or alter any of the terms of this Agreementagreement.
4.15 No 15.7 The arbitration board shall give its decision not later than 14 days after the appointment of the chairman except with the consent of the Member Employer and the Association, by whose joint consent only shall such limitations of time be extended. The findings and decisions of a majority of an arbitration board shall be the findings and decisions of the arbitration board and shall be binding on the parties.
15.8 Each party to a grievance shall bear the expenses of its respective nominee and the two parties shall bear equally the expenses of the chairman.
15.9 The purpose of the grievance procedure is to ensure that all grievances are processed properly and expeditiously. Therefore, strict adherence to the provisions of the grievance procedure is mandatory. If the respondent fails to comply with the provisions of the grievance procedure, the grievance may be processed to the next step. If the griever fails to comply with the provisions of the grievance procedure, the grievance shall be resolved before considered abandoned. Time limits may only be extended by the Association has been given the opportunity to submit a written response. This written response shall be submitted within ten (10) working days after the grievance has been filedagreement of both parties.
Appears in 1 contract
Sources: Collective Agreement
Grievance Procedures. 4.1 20.1 A grievance is a written allegation that there has been a violation, misinterpretation, or misappropriation defined as any dispute arising out of the Agreement by interpretation, application, administration or alleged violation of this Collective Agreement, and further, including any dispute as to whether the District.
4.2 A Grievant difference is a unit member, or the Association, filing the grievance.
4.3 A day, for the purpose of resolving a grievancearbitrable, shall be dealt with, without stoppage of work or refusal to perform work, as follows:
20.2 Any reference to a day when the schools in the District are in session, excluding period of days excludes Saturdays, Sundays and Summer Sessionnon-operational or holiday days.
4.4 Before filing 20.3 Step One (Initial Conflict Resolution Procedure) Such difference, hereinafter called “a written grievance”, a grievant may attempt to resolve shall first be submitted by the problem by an informal conference with the immediate supervisor.
4.5 A grievance must be filed grievor within thirty fifteen (3015) days from the date of the event which gave incident or situation giving rise to the grievance.
4.6 A written , or from the date the grievor first had knowledge of the incident, whichever is later. Such grievance shall first be filed with submitted to the immediate supervisor and with the president Superintendent of the Board, and Economic Policy Committee Chair, of the Local, of The Alberta Teachers’ Association. The grievor and the Superintendent shall meet within ten (10) days with the objective of resolving the dispute. The grievor may have representation at the meeting from The Alberta Teachers' Association. The Superintendent after meeting to discuss the grievance will communicate the outcome of the dispute to the grievor, in writing, with a copy to the Economic Policy Chair of the Local of The Alberta Teachers’ Association within a further ten (10) days.
20.4 Step Two (Grievance procedure) If the grievor is not satisfied with the disposition of the grievance, or if no decision has been rendered within ten (10) days after the presentation of the grievance to the Superintendent, the grievor shall file the grievance in writing to the Superintendent of the Board and Economic Policy Chair of the Local of The Alberta Teachers’ Association. Such submission shall be made within fifteen (15) days after the grievor receives the written grievance outcome. Such submission shall identify set out the section(s) particulars regarding the nature of the grievance, the articles of this Agreement agreement which it is alleged to have been violated, misinterpreted or misapplied. It shall specify and the remedy which the grievant seekssought.
4.7 Within 20.4.1 On notice of a grievance, the Superintendent and Chair of the EPC shall strike a grievance committee consisting of three (3) members of the Board and three (3) representatives of the Association to interpret, consider and render a decision as to the disposition of the grievance. The Superintendent and Chair of the EPC will set a meeting date for the committee within ten (10) days and the committee shall give its decision within twenty-one (21) days following the receipt of the grievance. If the decision cannot be rendered in that time, the Chairperson of the grievance committee shall notify the grievor in writing of the reasons for any delay in disposing of the grievance.
20.4.2 A quorum of the grievance committee shall consist of all members. The grievance committee shall meet and select a chairperson from its membership. The grievance committee shall endeavour to resolve the grievance 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.
20.5 Step Three (Arbitration Procedure) If the grievance committee does not reach a unanimous or any decision, either party may, by written notice served on the other party within ten (10) days after receipt the date on which the committee voted on the disposition of the grievance, the immediate supervisor shall have met with the grievant and issued a decision in writing.
4.8 If the grievant is dissatisfied with the decision of the immediate supervisor, grievance or the ten (10) days have elapsed without a response, the grievant may within five (5) days appeal the grievance to the Superintendent.
4.9 Within ten (10) days after receipt the expiration of the appealsaid period of twenty-one (21) days, whichever is shorter, require the establishment of an Arbitration Board as hereinafter provided. If such notice is not served within the time limit, the Superintendent grievance shall have met with be deemed to be at an end. The parties may by mutual agreement, consent to postpone the grievant and issued a decision in writinghearings of the Arbitration Board.
4.10 If ten 20.5.1 Each party shall appoint one (101) days have elapsed without a response, member as its representative on the grievant may, Arbitration Board within five seven (5) days request in writing that the Association submit the grievance to arbitration.
4.11 Within ten (107) days of the receipt of a request for arbitration, the Association shall determine if the grievance is to be submitted to arbitration and shall so notify the District.
4.12 Within ten (10) days of a decision by the Association to submit a grievance to arbitration, the District such notice and the Association shall choose a mutually acceptable arbitratortwo (2) members so appointed will endeavour to select an independent Chairperson. If no choice has been made after the two (2) members fail to select a Chairperson within five (5) days, the parties members shall request the California Conciliation Service Director of Mediation Services, Alberta Labour, to supply select a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lotChairperson.
4.13 Upon completion of a hearing, the arbitrator 20.5.2 The Arbitration Board shall issue findings determine its own procedures but shall give full opportunity to all parties to present evidence and a remedy in writing to the District and the Association. The remedy of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the Associationheard.
4.14 A grievant may seek to resolve a grievance prior to arbitration without intervention by the Association20.5.3 The Arbitration Board shall not change, provided that the resolution is consistent with modify or alter any of the terms of this Agreementagreement. All grievances or differences submitted shall present an arbitrable issue under this agreement, and shall not depend on or involve an issue or contention by either party that is contrary to any provisions of this agreement or that involves the determination of a subject matter not covered by, or arising during the term of this agreement.
4.15 No 20.5.4 The Arbitration Board shall give its decisions not later than fourteen (14) days after the appointment of the Chairperson, except that with the consent of the Association and Board, such limitation of time may be extended. The findings and decisions of a majority (two out of three) of the members of an Arbitration Board shall be binding on the parties.
20.5.5 Each party to the grievance shall bear the expense of its respective nominee and the two (2) parties shall bear equally the expense of the Chairperson.
20.6 The purpose of the grievance provisions is to ensure that any grievance is processed in an expeditious manner; with due diligence for fair representation of both parties, therefore, compliance of the provisions is mandatory. If the Board (employer) fails to comply with the provisions, the grievance may be processed to the next step. If the grievor fails to comply with the provisions, the grievance shall be resolved before the Association has been given the opportunity to submit a written response. This written response shall be submitted within ten (10) working days after the grievance has been filedconsidered abandoned.
Appears in 1 contract
Sources: Collective Agreement
Grievance Procedures. 4.1 A grievance is a written allegation A. Any teacher or group of teachers believing that there has been a violation, misinterpretationmisinterpretation or misapplication of any provision of this Agreement or of any rule, order or misappropriation regulation of the Agreement by Board regarding wages, hours, terms or conditions of employment may take the District.
4.2 A Grievant is a unit member, or following steps to implement the Association, filing settlement of the grievance.
4.3 A day, for the purpose of resolving a grievance, alleged violation. All reference to this Article to principal shall be a day when the schools in the District are in session, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing a written grievance, a grievant may attempt to resolve the problem by an informal conference with the immediate also mean appropriate supervisor.
4.5 A grievance must be filed within thirty (30) days of the event which gave rise B. Both parties mutually understand and agree to the grievance.
4.6 A written grievance shall first be filed with the immediate supervisor allow discussions and with the president of the Association. The written grievance shall identify the section(s) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeks.
4.7 Within ten (10) days after receipt of the grievance, the immediate supervisor shall have met with the grievant resolutions concerning contractual issues between an individual association member and issued a decision in writing.
4.8 If the grievant is dissatisfied with the decision of the immediate supervisor, or the ten (10) days have elapsed without a response, the grievant may within five (5) days appeal the grievance to the Superintendent.
4.9 Within ten (10) days after receipt of the appeal, the Superintendent shall have met with the grievant and issued a decision in writing.
4.10 If ten (10) days have elapsed without a response, the grievant may, within five (5) days request in writing that the Association submit the grievance to arbitration.
4.11 Within ten (10) days of the receipt of a request for arbitration, the Association shall determine if the grievance is to be submitted to arbitration and shall so notify the District.
4.12 Within ten (10) days of a decision by the Association to submit a grievance to arbitration, the District and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) days, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing to the District and the Association. The remedy of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the Association.
4.14 A grievant may seek to resolve a grievance prior to arbitration without intervention by the Association, his/her administrator provided that the said resolution is consistent with the terms of this Agreement.
4.15 No grievance shall be resolved before the Master Agreement and the Association has been given the opportunity to submit be present at such adjustments.
1. If, after meeting and discussing the alleged violation with the building principal, a satisfactory settlement cannot be concluded, the teacher or teachers may, within seven (7) work days of the occurrence of the alleged violation, file a written responsegrievance with the principal.
2. This Within ten (10) work days of receipt of the written response grievance, the principal shall meet with the Association representative in an effort to resolve the grievance. Affected teacher(s) may or may not be present at such meeting. The principal’s written answer shall be submitted given within ten (10) working work days after such meeting.
3. When the particular grievance arises in more than one (1) school building and the Association and the aggrieved teacher(s) believe the grievance has merit, the written grievance shall be filed with the Assistant Superintendent of Human Resources, at Step Two.
1. If the meeting with the principal does not result in an agreement, and the Association and the aggrieved teacher(s) believe the grievance has merit, the grievance shall be transmitted within ten (10) work days after receipt of the principal’s answer to the Assistant Superintendent of Human Resources, by the Association president or his/her alternate.
2. The Assistant Superintendent of Human Resources shall hold either a formal or informal discussion with any or all parties involved. Within fifteen (15) work days of receipt of the written grievance, he/she shall return the grievance to the Association president with his/her decision to approve or deny said grievance. If the matter is not resolved at Step 2, then the aggrieved teacher(s) may appeal to the Superintendent within ten (10) work days, and the Superintendent shall notify the parties of his decision within ten (10) work days.
1. If the decision of the Superintendent is not satisfactory to the Association and the aggrieved teacher(s), the grievance may be submitted to arbitration by written notice given by the Association within fifteen (15) work days after receipt of the decision. An impartial arbitrator shall be selected, within ten (10) work days, by the parties to decide the matter. If the parties cannot agree as to the arbitrator, he/she shall be selected by the parties in accordance with the rules of the American Arbitration Association. The Association agrees to share equally in any filing fees. The power of the arbitrator shall be limited to the interpretation of application of the express terms of this Agreement and he/she shall have no power to alter, add to or subtract from the terms of this Agreement as written. Both parties agree to be bound by the award of the arbitrator and Agree that judgment thereon may be entered in any court of competent jurisdiction.
2. No grievance shall be processed unless initiated or carried to the next step within the time provided herein or as extended by mutual agreement.
3. The fees and expenses of the arbitrator shall be shared equally by the Board and the Association.
C. It is understood that a written grievance as required herein shall contain the following:
1. It shall be signed by the grievant(s).
2. It shall be specific.
3. It shall contain a synopsis of the facts giving rise to the alleged violation.
4. It shall cite the section of this Agreement alleged to have been filedviolated or any rule, order or regulation of the Board alleged to have been violated.
5. It shall contain the date of the alleged violation.
6. It shall specify the relief requested.
D. For purposes of the grievance procedure only, when reference is made to work days, they shall be counted beginning with the work day immediately following the alleged occurrence or violation; and shall also mean from the time teachers report in the morning until 5:30 p.m.
Appears in 1 contract
Sources: Master Agreement
Grievance Procedures. 4.1 A grievance 16.1 Any difference between any employee covered by this agreement and the Employer or in a proper case between the Alberta Teachers' Association and the Employer concerning the interpretation, application, operation or alleged violation of this agreement and further including any dispute as to whether the difference is a written allegation that there has been a violation, misinterpretation, or misappropriation of the Agreement by the District.
4.2 A Grievant is a unit member, or the Association, filing the grievance.
4.3 A day, for the purpose of resolving a grievancearbitrable, shall be dealt with as follows, without stoppage of work or refusal to perform work.
16.1.1 Where any references in clauses 16.1 to 16.6 inclusive are to a day when the schools in the District are in sessionperiod of days, excluding such period shall be exclusive of Saturdays, Sundays Sundays, statutory and Summer SessionEmployer declared holidays.
4.4 Before filing 16.1.2 Step "A" - Such difference (hereinafter called "a written grievance, a grievant may attempt ") shall be promptly submitted in writing to resolve the problem by an informal conference with the immediate supervisor.
4.5 A grievance must be filed within thirty (30) days secretary of the event which gave Employer and to the chair of the economic policy committee of the Alberta Teachers' Association as the case may be. Such written submission shall be made within 30 days from the date of the incident giving rise to the grievance.
4.6 A written grievance or from the date the griever first had knowledge of the incident, whichever is later. Such grievance shall first be filed with set out the immediate supervisor and with the president of the Association. The written grievance shall identify the section(s) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeks.
4.7 Within ten (10) days after receipt nature of the grievance, the immediate supervisor articles of this agreement which it is alleged have been violated and the remedy sought. It shall have met be the responsibility of the respondent of the grievance to arrange a meeting with the grievant and issued a decision in writinggriever or their representative within 10 days of receiving notice of the grievance.
4.8 If 16.1.3 Step "B" - In the grievant event the grievance is dissatisfied with not settled within 15 days after the decision date of submission of the immediate supervisorgrievance in accordance with Step "A", then on or the ten (10) before a further five days have elapsed without a responsefrom the expiration of the aforesaid 15 day time period, the grievant may within five (5) days appeal grievance shall be referred in writing by the griever specifically and at the same time to the following: the chairman of the teacher's grievance committee, the chairman of the Employer grievance committee and the secretary-treasurer of the Employer.
16.1.4 Step "C" - In the event the grievance to committee does not meet within 21 days following the Superintendent.
4.9 Within ten (10) days after receipt of the appealsubmission or in the event the said committee does not reach a unanimous decision within the said time, then either party may by written notice require the Superintendent shall have met with establishment of an arbitration board as hereinafter provided. Such notice must be given within 10 days after the grievant and issued a decision in writing.
4.10 If ten (10) days have elapsed without a response, the grievant may, within five (5) days request in writing that the Association submit the grievance to arbitration.
4.11 Within ten (10) days of the receipt of a request for arbitration, the Association shall determine aforesaid 21 day time limit expires or if the grievance is committee fails to be submitted to arbitration and shall so notify the Districtrender a unanimous decision.
4.12 Within ten (10) 16.2 Each party shall appoint one member as its representative on the arbitration board within
16.3 If the two members fail to select a chairman within five days after the day on which the latter of a decision by the Association to submit a grievance to arbitrationtwo members is appointed, the District and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) days, the parties they shall request the California Conciliation Service Director of Mediation Services to supply select a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lotchairman.
4.13 Upon completion of a hearing, the arbitrator 16.4 The arbitration board shall issue findings determine its own procedure but shall give full opportunity to all parties to present evidence and a remedy in writing to the District and the Association. The remedy of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the Associationheard.
4.14 A grievant may seek to resolve a grievance prior to 16.5 The arbitration without intervention by the Associationboard shall not change, provided that the resolution is consistent with modify or alter any of the terms of this Agreementagreement.
4.15 16.6 The arbitration board shall give its decision not later than 14 days after the appointment of the chairman except with the consent of the Wetaskiwin Regional Division No 11 and the Association, by whose joint consent only shall such limitations of time be extended. The findings and decisions of a majority of an arbitration board shall be the findings and decisions of the arbitration board and shall be binding on the parties.
16.7 Each party to a grievance shall bear the expenses of its respective nominee and the two parties shall bear equally the expenses of the chairman.
16.8 The purpose of the grievance procedure is to ensure that all grievances are processed properly and expeditiously. Therefore, strict adherence to the provisions of the grievance procedure is mandatory. If the respondent fails to comply with the provisions of the grievance procedure, the grievance may be processed to the next step. If the griever fails to comply with the provisions of the grievance procedure, the grievance shall be resolved before considered abandoned. Time limits may only be extended by the Association has been given the opportunity to submit a written response. This written response shall be submitted within ten (10) working days after the grievance has been filedagreement of both parties.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. 4.1 A grievance is a written allegation that there A. The Association, believing tht tahere has been a violation, misinterpretationmisinterpretation or misapplication of any provision of this Agreement, may file a written grievance with the Board or misappropriation of the Agreement by the District.
4.2 A Grievant is a unit member, or the Association, filing the grievance.
4.3 A day, for the purpose of resolving a grievance, its representative. No grievance shall be a day when the schools in the District are in session, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing a written grievance, a grievant may attempt to resolve the problem by an informal conference with the immediate supervisor.
4.5 A grievance must be filed processed unless it is presented at Step 1 within thirty (30) calendar days from the alleged occurrence.
B. Within five (5) working days of the event which gave rise to the grievance.
4.6 A written grievance shall first be filed with the immediate supervisor and with the president of the Association. The written grievance shall identify the section(s) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeks.
4.7 Within ten (10) days after receipt of the grievance, the affected employee's immediate supervisor shall have met meet with the grievant and issued a decision representatives designated by the Association in writing.
4.8 If an effort to resolve the grievant is dissatisfied grievanceT.he affected employee may or may not be present at such meeting. If, after meeting with the decision of the immediate supervisor, or the ten (10) days have elapsed without a responseparties cannot agree, the grievant may within grievance shall be promptly transmitted to the superintendent who shall have five (5) days thereafteor vtoeaoprpr disapprove the grievance. If the grievance is transmitted directly to the superintendent, he/she shall have five (5) days from receipt to approve or disapprove the grievance.
C. If the grievance shall be denied in writing (Grievance Fo-rmAppendix B) by the superintendent, the Association may, within ten (10) school days after receiving the superintendent's decision, appeal the grievance to the Superintendent.
4.9 Within ten (10) days after receipt Board of Education. The appeal shall be in writing and shall contain the reasons for the appeal, acnodpya of the Superintendent shall have met with the grievant and issued a decision in writingsuperintendent's decision.
4.10 If ten D. Within thirty (1030) days have elapsed without a responsecalendar days, or at the next regular or special Board meeting for which the Agenda has not already been issued, whichever is first from receipt of grievance, the grievant mayBoard shall pass upon the griaenvce. The Board may hold a hearing thereon, within five (5) days request may designate one or more of its members to hold a hearing, or otherwise investigate the grievance, or prescribe such procedure as it may deem appropriate for consideration of the grievance, provided, however, that in writing that no event, except with express written consent of the Association submit Association, shall determination of the grievance to arbitrationbe made by the Board more than thirty (30) calendar days after the Board has received it. A copy of the disposition shall be furnished the Aastsionci.
4.11 Within ten (10) days of E. If the receipt of a request for arbitrationgrievance is not resolved through Steps A, B, or C, the Association may invoke binding arbitration procedures within 30 calendar days. If the parties cannot agree to the arbitrator, he shall determine if be selected by the grievance is American Arbitration Asstoiocnia in accordance with the rules governing arbitration proceedings. Both parties agree to be submitted to arbitration and shall so notify the District.
4.12 Within ten (10) days of a decision bound by the Association to submit a grievance to arbitration, the District and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) days, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing to the District and the Association. The remedy award of the arbitrator shall conform to and agree that the laws judgment thereon may be entered in any court of the State of California and this Agreementcompetent jurisdiction. The remedy fees and expenses of the arbitrator shall be advisory on paid by the District and the Associationlosing party.
4.14 A grievant may seek to resolve F. If any employee for whom a grievance prior is sustained with full reimbursement of all compensation lost, if he/she shall have been found to arbitration without intervention by have been improperly deprived of any compensation or advantage, the Association, provided that same or its equivalent in money shall be paid to him/her.
G. Notwithstanding the resolution is consistent with the terms expiration of this Agreement, any claim or grievance arising thereunder may be processed through the grievance procedure until resolution as long as it complies with the thirty (30) day filing limitation.
4.15 No H. Filing of any grievance shall be resolved before in no way interfere with the Association has been given right of the opportunity Employer to submit a written responseproceed in carrying out its management/responsibilities subject to the final decision of the grievance procedure. This written response In the event the alleged grievance involves an order, requirement or direction, the grievance shall fulfill or carry out such order, direction or requirement pending the final decision of the grievance procedure.
I. It shall be submitted within ten (10) the general practice of all parties in interest to process grievance procedures during times which do not interfere with the assignment of duties; provided, however, in the event it is agreed by the Board to hold proceedings during regular working days after hours, a member participating in any level of the grievance has been filedprocedure, with any representative of the Board, shall be released from assigned duties without loss of salary or time.
Appears in 1 contract
Sources: Auxiliary Contract
Grievance Procedures. 4.1 A grievance The parties hereto acknowledge that it is a written allegation that there has been a violationusually most desirable for an employee and the employee's immediately involved supervisor to resolve problems through free and informal communications. When requested by the employee, misinterpretation, or misappropriation an Association representative may accompany the employee to assist in the informal resolution of the Agreement by grievance. If, however, the District.
4.2 A Grievant is a unit member, informal process fails to satisfy the employee or the Association, filing a grievance may be processed as follows:
A. The teacher or the grievance.
4.3 A day, for Association may present the purpose of resolving a grievance, shall be a day when the schools grievance in the District are in session, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing a written grievance, a grievant may attempt to resolve the problem by an informal conference with the immediate supervisor.
4.5 A grievance must be filed within thirty (30) days of the event which gave rise writing to the grievance.
4.6 A written grievance shall first be filed with the immediate supervisor and with the president of the Association. The written grievance shall identify the section(s) of this Agreement alleged immediately involved supervisor, who will arrange for a meeting to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeks.
4.7 Within take place within ten (10) days after receipt of the grievance. The Association's representative, the immediate grievant, and the immediately involved supervisor shall have met with may be present for the grievant and issued a decision in writing.
4.8 If the grievant is dissatisfied with the decision of the immediate supervisor, or the ten (10) days have elapsed without a response, the grievant may within five (5) days appeal the grievance to the Superintendent.
4.9 Within ten (10) days after receipt of the appeal, the Superintendent shall have met with the grievant and issued a decision in writing.
4.10 If ten (10) days have elapsed without a response, the grievant may, within five (5) days request in writing that the Association submit the grievance to arbitration.
4.11 meeting. Within ten (10) days of the receipt of a request for arbitrationmeeting, the grievant and the Association shall determine if be provided with the supervisor's written response, including the reasons for the decision.
B. If the grievance is not resolved in Step A, then the grievant may refer the grievance to be submitted the Superintendent or the Superintendent's official designee within six (6) days after receipt of the Step A answer or within eleven (11) days after the Step A meeting, whichever is the later. The Superintendent shall arrange for a meeting to arbitration and take place within ten (10) days of the Superintendent's receipt of the appeal. Each party shall so notify have the District.
4.12 right to include in its representation such witnesses or counselors as it deems necessary. Within ten (10) days of a decision by the meeting, the Association to and the grievant, if other than the Association, shall be provided with the Superintendent's written response, including the reasons for the decision.
C. If the Association is not satisfied with the disposition of the grievance at Step B or the time limits expire without the issuance of the Superintendent's written reply, the Association may submit a the grievance to arbitrationthe Board of Education. The grievance will be presented at the next regular board meeting. Within ten (10) days of submission to the Board, the District and the Association shall choose be provided a mutually acceptable arbitrator. written response including the reasons for the decision.
D. If no choice has been made after five (5) daysthe Association is not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Superintendent's written reply, the parties shall request Association may submit the California Conciliation Service grievance to supply a list of five (5) persons who are experienced in public school binding arbitration. The District American Arbitration Association shall act as the administrator of the proceedings. If a demand for arbitration is not filed within twenty (20) days of the receipt of the Step B answer, then the grievance shall be deemed withdrawn.
E. 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 entitled to be present, to attend and will be held, insofar as possible, after regular school hours, or during non-teaching time of personnel involved. When such hearings are held at the option of the Administration during school hours, any employee whose presence is required shall be excused, without loss of pay, for that purpose. Any investigation or other handling or processing of any grievance by the grieving teacher or the Association shall alternately strike a name from other than the list until only one remains. The order of striking formal arbitration hearing, shall be determined by lotconducted so as to result in no interference with or interruption whatsoever of the instructional program and related work activities of the grieving teacher or of the teaching staff.
4.13 Upon completion of a hearing, the F. The arbitrator shall issue findings and a remedy in writing have no power to the District and the Association. The remedy of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the Association.
4.14 A grievant may seek to resolve a grievance prior to arbitration without intervention by the Association, provided that the resolution is consistent with alter the terms of this Agreement. His/her authority shall be strictly limited to deciding only the issue or issues presented to him by the Board and the Association, and his/her decision shall be based only upon interpretation of the meaning or the application of the express relevant language of this Agreement.
4.15 No grievance G. Each party shall bear the full costs for its representation in the arbitration. The cost of the arbitrator and the American Arbitration Association shall be resolved before divided equally between the Association has been given parties.
H. If either party requests a transcript of the opportunity to submit proceedings, that party shall bear the full cost of the transcript. If both parties order a written response. This written response transcript, the cost of the two (2) transcripts shall be submitted within ten (10) working days after divided equally between the grievance has been filedparties. If a copy of the transcript shall be furnished to the arbitrator, the cost of such shall be divided equally between the parties.
Appears in 1 contract
Sources: Teacher Contract
Grievance Procedures. 4.1 A. A grievance is a written allegation that there has been complaint alleging violation of a violation, misinterpretation, or misappropriation specific article and section of the Agreement Agreement. Both parties agree that the grievance proceedings shall be kept as confidential as may be appropriate at any level of such procedure and that the primary purpose of such procedure is to secure at the lowest level possible equitable solution to the problem of the parties. The aggrieved may choose to have a representative of the Association or a person chosen by the District.
4.2 A Grievant is a unit member, Association present at any or all of the Association, filing grievance procedures and either party may request the grievance.
4.3 A day, for the purpose decision in writing at any level. LEVEL ONE: The grievant meets with immediate supervisor in hope of resolving a grievancethe matter, shall be a day when with both parties signature on the schools in the District are in session, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing a grievance form (Appendix C). LEVEL TWO: A. A written grievance, a grievant may attempt to resolve the problem by an informal conference with the immediate supervisor.
4.5 A signed grievance must be filed within thirty (30) days of the event which gave rise to the grievance.
4.6 A written grievance shall first be filed with the immediate supervisor within 10 school days of the alleged violation, stating the nature of the grievance, the article and section of the Agreement allegedly violated, and the remedy requested.
B. Within 5 school days of receipt of a grievance, a meeting will be scheduled with the president grievant, the Association representative, and the immediate supervisor, or Director of Special Education in the event of absence of the Association. The written grievance shall identify the section(s) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeksimmediate supervisor.
4.7 Within ten (10) C. A decision will be rendered within 5 school days after such meeting. LEVEL THREE: If this decision is not satisfactory, the aggrieved person may within 5 school days, file the grievance with the Superintendent in writing. Within 10 school days of receipt of the grievance, the immediate supervisor shall have met Superintendent / Designee will meet with grievant and the Association. A decision will be rendered in writing within 5 school days after such meeting. LEVEL FOUR: If this decision is not satisfactory, the aggrieved person may file the grievance with the grievant and issued a Board in writing at least one week (7 days) prior to the next regular Board meeting. The Board shall place said grievance on the agenda of its regular meeting at which time the aggrieved person will be given an opportunity to be heard. The Board shall render its decision in writing.
4.8 writing within 5 school days. LEVEL FIVE: If the grievant is dissatisfied with the decision of the immediate supervisor, or the ten (10) days have elapsed without a responseBoard is not satisfactory, the grievant may submit to a State Mediator within five (5) 5 school days appeal the grievance to the Superintendent.
4.9 Within ten (10) days after of receipt of the appeal, the Superintendent shall have met with the grievant and issued a decision in writing.
4.10 If ten (10) days have elapsed without a response, the grievant may, within five (5) days request in writing that the Association submit the grievance to arbitration.
4.11 Within ten (10) days of the receipt of a request for arbitration, the Association shall determine if the grievance is to be submitted to arbitration and shall so notify the District.
4.12 Within ten (10) days of a decision by the Association to submit a grievance to arbitration, the District and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) days, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitrationsaid decision. The District and the Association mediator shall alternately strike a name from the list until only one remainssubmit his recommendation to both parties, which shall not be binding on either party. The order of striking Board shall be determined by lotreview their decision made at Level 5.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing to the District and the Association. The remedy of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the Association.
4.14 A grievant may seek to resolve a grievance prior to arbitration without intervention by the Association, provided that the resolution is consistent with the terms of this Agreement.
4.15 No grievance shall be resolved before the Association has been given the opportunity to submit a written response. This written response shall be submitted within ten (10) working days after the grievance has been filed.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. 4.1 A grievance 15.1 Any difference between any employee covered by this agreement and the Employer or in a proper case between the Alberta Teachers' Association and the Employer concerning the interpretation, application, operation or alleged violation of this agreement and further including any dispute as to whether the difference is a written allegation that there has been a violation, misinterpretation, or misappropriation of the Agreement by the District.
4.2 A Grievant is a unit member, or the Association, filing the grievance.
4.3 A day, for the purpose of resolving a grievancearbitrable, shall be dealt with as follows, without stoppage of work or refusal to perform work.
15.1.1 Where any references in clauses 15.1 to 15.6 inclusive are to a day when the schools in the District are in sessionperiod of days, excluding such period shall be exclusive of Saturdays, Sundays Sundays, statutory and Summer SessionEmployer declared holidays.
4.4 Before filing 15.1.2 Step "A" - Such difference (hereinafter called "a written grievance, a grievant may attempt ") shall be promptly submitted in writing to resolve the problem by an informal conference with the immediate supervisor.
4.5 A grievance must be filed within thirty (30) days secretary of the event which gave Employer and to the chair of the economic policy committee of the Alberta Teachers' Association as the case may be. Such written submission shall be made within 30 days from the date of the incident giving rise to the grievance.
4.6 A written grievance or from the date the griever first had knowledge of the incident, whichever is later. Such grievance shall first be filed with set out the immediate supervisor and with the president of the Association. The written grievance shall identify the section(s) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeks.
4.7 Within ten (10) days after receipt nature of the grievance, the immediate supervisor articles of this agreement which it is alleged have been violated and the remedy sought. It shall have met be the responsibility of the respondent of the grievance to arrange a meeting with the grievant and issued a decision in writinggriever or their representative within 10 days of receiving notice of the grievance.
4.8 If 15.1.3 Step "B" - In the grievant event the grievance is dissatisfied with not settled within 15 days after the decision date of submission of the immediate supervisorgrievance in accordance with Step "A", then on or the ten (10) before a further five days have elapsed without a responsefrom the expiration of the aforesaid 15 day time period, the grievant may within five (5) days appeal grievance shall be referred in writing by the griever specifically and at the same time to the following: the chairman of the teacher's grievance committee, the chairman of the Employer grievance committee and the secretary-treasurer of the Employer. Such grievance committee shall be composed of two representatives of the Employer and two representatives of the Alberta Teachers' Association. The chairman of the responding party shall contact the chairman of the grieving party to set an appropriate date, place and time to meet in order to attempt to resolve the dispute. The grievance committee shall render its decision in respect of the grievance to within 21 days following the Superintendent.
4.9 Within ten (10) days after receipt of the appealsubmission. If the grievance committee reaches a unanimous decision as to the disposition of the grievance, the Superintendent that decision shall have met with the grievant be final and issued a decision in writingbinding.
4.10 If ten (10) days have elapsed without a response, 15.1.4 Step "C" - In the grievant may, within five (5) days request in writing that the Association submit event the grievance to arbitration.
4.11 Within ten (10) committee does not meet within 21 days of following the receipt of the submission or in the event the said committee does not reach a request for arbitrationunanimous decision within the said time, then either party may by written notice require the Association shall determine establishment of an arbitration board as hereinafter provided. Such notice must be given within 10 days after the aforesaid 21- day time limit expires or if the grievance is committee fails to be submitted to arbitration and shall so notify the Districtrender a unanimous decision.
4.12 Within ten (10) 15.2 Each party shall appoint one member as its representative on the arbitration board within seven days of a decision by the Association to submit a grievance to arbitration, the District such notice and the Association two members shall choose endeavor to select an independent chairman.
15.3 If the two members fail to select a mutually acceptable arbitrator. If no choice has been made chairman within five days after five (5) daysthe day on which the latter of the two members is appointed, the parties they shall request the California Conciliation Service Director of Mediation Services to supply select a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lotchairman.
4.13 Upon completion of a hearing, the arbitrator 15.4 The arbitration board shall issue findings determine its own procedure but shall give full opportunity to all parties to present evidence and a remedy in writing to the District and the Association. The remedy of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the Associationheard.
4.14 A grievant may seek to resolve a grievance prior to 15.5 The arbitration without intervention by the Associationboard shall not change, provided that the resolution is consistent with modify or alter any of the terms of this Agreementagreement.
4.15 No 15.6 The arbitration board shall give its decision not later than 14 days after the appointment of the chairman except with the consent of the Employer and the Association, by whose joint consent only shall such limitations of time be extended. The findings and decisions of a majority of an arbitration board shall be the findings and decisions of the arbitration board and shall be binding on the parties.
15.7 Each party to a grievance shall bear the expenses of its respective nominee and the two parties shall bear equally the expenses of the chairman.
15.8 The purpose of the grievance procedure is to ensure that all grievances are processed properly and expeditiously. Therefore, strict adherence to the provisions of the grievance procedure is mandatory. If the respondent fails to comply with the provisions of the grievance procedure, the grievance may be processed to the next step. If the griever fails to comply with the provisions of the grievance procedure, the grievance shall be resolved before considered abandoned. Time limits may only be extended by the Association has been given the opportunity to submit a written response. This written response shall be submitted within ten (10) working days after the grievance has been filedagreement of both parties.
Appears in 1 contract
Sources: Collective Agreement
Grievance Procedures. 4.1 A If an employee believes that a misunderstanding from the application or interpretation of this agreement exists, and after an employee has had an opportunity to have an informal discussion with their immediate supervisor, the employee believes that a grievance is a written allegation that there has been a violationstill exists, misinterpretationthe following formal grievance procedure may, or misappropriation at the option of the Agreement by grievant, and invoked through the District.
4.2 A Grievant is Federation within seven (7) working days of the informal discussion with their supervisor, shall utilize Step 1 through Step 4 below for a unit member, or the Association, filing resolution of the grievance.
4.3 A day, for STEP 1: If the purpose of resolving a grievance, shall be a day when grievant or the schools in the District are in session, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing a written grievance, a grievant may attempt to resolve the problem by an informal conference Federation is not satisfied with the immediate supervisor.
4.5 A grievance must be filed within thirty (30) days of the event which gave rise to the grievance.
4.6 A written grievance shall first be filed with the immediate supervisor and with the president of the Association. The written grievance shall identify the section(s) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeks.
4.7 Within ten (10) days after receipt disposition of the grievance, the immediate supervisor shall have met with the grievant and issued a decision in writing.
4.8 If the grievant is dissatisfied with the decision of the immediate supervisor, or the ten (10) days have elapsed without a response, the grievant may within five (5) days appeal the grievance to the Superintendent.
4.9 Within ten (10) days after receipt of the appeal, the Superintendent shall have met with the grievant and issued a decision in writing.
4.10 If ten (10) days have elapsed without a response, the grievant may, within five (5) days request in writing that the Association submit the grievance to arbitration.
4.11 Within ten (10) days of the receipt of a request for arbitration, the Association shall determine if the grievance is to be submitted to arbitration and shall so notify the District.
4.12 Within ten (10) days of a decision by the Association to submit a grievance to arbitration, the District and the Association shall choose a mutually acceptable arbitrator. If no choice disposition has been made after five (5) dayswithin the specified time limit, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking grievance shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy submitted in writing to the District and the Association. The remedy Intermediate Supervisor and/or his designee within seven (7) working days of the arbitrator disposition or expiration of the time limit. Within seven (7) working days the Intermediate Supervisor or his designee shall conform meet with the grievant and/or his Union representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such meeting and shall furnish a copy thereof to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the Association.
4.14 A grievant may seek to resolve a grievance prior to arbitration without intervention by the AssociationUnion, provided that when the resolution grievant and/or the Union is consistent satisfied with the terms response, processing of this Agreement.
4.15 No the grievance will automatically terminate. If the grievant or the Federation is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be resolved before submitted in writing to the Association ▇▇▇▇▇▇▇ or Vice President and/or his designee within seven (7) working days of the disposition or expiration of the time limit. Within seven (7) working days the Vice President/▇▇▇▇▇▇▇ or his designee shall meet with the grievant and/or his Union representative and shall indicate the disposition of the grievance in writing within seven (7) working days of such meeting and shall furnish a copy thereof to the Union, provided that when the grievant is satisfied with the response, processing of the grievance will automatically terminate. If the grievant or the Federation is not satisfied with the disposition of the grievance, or if no disposition has been given made within the opportunity to submit a written response. This written response specified time limit, the grievance shall be submitted to the President of the College or his designee within ten seven (107) working days after of the disposition or expiration of the time limit. Within seven (7) working days the President or his designee shall meet with the grievant and/or his Union representative and shall indicate the disposition of the grievance has been filedin writing within seven (7) working days of such meeting and shall furnish a copy thereof to the Union.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. 4.1 A 7.01 The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible.
7.02 The company shall be under no obligation to consider a grievance where the grievance is filed in writing at step two (2) more than fifteen working days after the time the circumstances upon which the grievance is based were known of should have been known by the grievor.
7.03 Grievance shall be adjusted and settled as follows;
Step 1 The aggrieved employee shall present his/her grievance in written form to the Production Manager or his/her designate who shall give his/her decision in writing within two (2) working days following the presentation of the grievance to the manager. The employee shall have the assistance of his/her ▇▇▇▇▇▇▇. If a written allegation that there has been settlement satisfactory to the employee concerned is not reached then the grievance may be presented as follows within three (3) working days thereafter. The Plant Chairperson and one other ▇▇▇▇▇▇▇ along with the grievor and local or national union representative shall meet with management representatives to consider the grievance within a violation, misinterpretationfurther five day working period, or misappropriation longer if mutually agreed. Management shall give its written decision within three (3) working days of the Agreement by the Districtstep 2 meeting.
4.2 A Grievant 7.04 If final settlement of a grievance is not reached at step, 2 and if the grievance is one which concerns the interpretation, application,administration or alleged violation of the Agreement, including any question as to whether a unit membermatter is arbitral, or the Associationgrievance may be referred to Arbitration as provided for in Article 8 below at anytime within fifteen working days after the decision is given at step 2. If no such written request for arbitration is received within the time limits, filing the grievancethen it shall be deemed to have been abandoned.
4.3 A 7.05 The term ‘working day, for the purpose of resolving a grievance, shall be a day ’ when the schools used in the District are in session, excluding this article excludes Saturdays, Sundays and Summer Sessionpaid holidays.
4.4 Before filing 7.06 The Company will recognize a written grievance, group grievance as being one which effects a grievant number of employees. A group grievance may attempt to resolve the problem by an informal conference with the immediate supervisor.
4.5 A grievance must be filed within thirty (30) days initiated at step 2 of the event which gave rise to grievance procedure provided all grievors sign the grievance.
4.6 grievance form. A written grievance representative grievor shall first be filed with the immediate supervisor and with the president attend at step 2 of the Association. The written grievance shall identify the section(s) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeksprocedure.
4.7 Within ten (10) days after receipt of the grievance, the immediate supervisor shall have met with the grievant and issued a decision in writing.
4.8 If the grievant is dissatisfied with the decision of the immediate supervisor, or the ten (10) days have elapsed without a response, the grievant may within five (5) days appeal the grievance to the Superintendent.
4.9 Within ten (10) days after receipt of the appeal, the Superintendent shall have met with the grievant and issued a decision in writing.
4.10 If ten (10) days have elapsed without a response, the grievant may, within five (5) days request in writing that the Association submit the grievance to arbitration.
4.11 Within ten (10) days of the receipt of a request for arbitration, the Association shall determine if the grievance is to be submitted to arbitration and shall so notify the District.
4.12 Within ten (10) days of a decision by the Association to submit a grievance to arbitration, the District and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) days, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing to the District and the Association. The remedy of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the Association.
4.14 A grievant may seek to resolve a grievance prior to arbitration without intervention by the Association, provided that the resolution is consistent with the terms of this Agreement.
4.15 No grievance shall be resolved before the Association has been given the opportunity to submit a written response. This written response shall be submitted within ten (10) working days after the grievance has been filed.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. 4.1 9.1 A grievance is defined as an alleged violation, misrepresentation or misapplication of one or more of the provisions of this agreement and/or an allegation by a written allegation teacher that there his/ her right to fair treatment has been a violation, misinterpretation, or misappropriation violated.
9.2 The philosophy of all members of the Agreement by administrative staff, supervisors and department chairmen at Centralia High School is that they welcome the District.
4.2 A Grievant is opportunity to discuss problems with any teacher. Most issues, problems and grievances can be resolved in this manner without a unit membergreat deal of formality. However, or the Associationfollowing formal procedures are hereby established to be followed when, filing the grievance.
4.3 A day, for the purpose of resolving a grievance, shall be a day when the schools in the District are in sessionopinion of the teacher, excluding Saturdays, Sundays and Summer Session.such is necessary to petition for redress of grievances:
4.4 Before filing a written grievance, a grievant may attempt to resolve the problem by an informal conference with the immediate supervisor.
4.5 A Step 1. The grievance must shall be filed within thirty (30) 20 school days of or 30 calendar days, whichever is the event which gave rise to lesser, from the grievance.
4.6 A written grievance shall first be filed with the immediate supervisor and with the president of the Association. The written grievance shall identify the section(s) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy date on which the grievant seeks.
4.7 Within ten (10) becomes knowledgeable as to the incident which creates the alleged violation of this agreement and/or allegation that his/her right to fair treatment has been violated. The teacher shall present the grievance, in writing, to the department chairman and/or the person filling the position which is indicated in the organizational chart as being the teacher’s immediate supervisor, who will arrange for a conference to be held within four school days after receipt of the grievance, the immediate supervisor shall have met with . If requested by the grievant and issued a decision in writing.
4.8 If the grievant is dissatisfied with the decision another member of the immediate supervisor, or Association may be present at such conference. Within three school days after the ten (10) days have elapsed without a responseconference, the grievant shall be provided with the supervisor’s written response, indicating the decision and the reasons for same.
Step 2. If the grievance is not resolved at Step 1, the grievant or the Association acting at the request of the grievant may within five (5) days appeal refer the grievance to the Superintendent. The notification of the intent to request a hearing at Step 2 must be received by the Superintendent within five school days or seven calendar days, whichever is the greater, of the date of the supervisor’s written response as required under Step 1 or the grievance shall be deemed to be withdrawn. The Superintendent shall, within five school days of receipt of the notification referred to above, arrange a conference. Those present at such conference shall be the Superintendent, Principal, the immediate supervisor involved, the grievant, and if requested by the grievant, another member of the Association. Each party shall have the right to include in its representation such witnesses as it deems necessary. Within three school days after the conference, the grievant shall be provided with the Superintendent’s written response, indicating his decision and the reason for same.
4.9 Within ten (10) Step 3. If the grievance is not resolved at Step 2, the grievant or the Association acting at the request of the grievant may request a conference with the Board. Such request must be in writing and must be received by the Superintendent within five school days or seven calendar days, whichever is greater, of the date of the Superintendent’s written response as required under Step 2 or the grievance shall be deemed to be withdrawn. The Superintendent shall notify the Board within three school days after receipt of the appealwritten request of the grievant. The Board agrees to hear the grievance at its next regular meeting or at a special meeting to be called within thirty calendar days after notification by the Superintendent. The Board hearing will be held in executive session with those in attendance being the Board members, Superintendent, Principal, the Superintendent immediate supervisor involved and the grievant. In addition to those mentioned above the grievant may upon request, have a representative of the Association present and the Board may, by notifying the grievant, have a representative present. Each party shall have met with the grievant and issued a decision right to include in writing.
4.10 If ten (10) days have elapsed without a responseits representation such witnesses as it deems necessary. Following the executive session hearing, the grievant mayBoard shall be afforded the opportunity to caucus for the purpose of discussing the grievance. Action taken by the Board shall be taken in open meeting and recorded in the official minutes of the meeting. The teacher shall, within five (5) school days request after the hearing, be notified, in writing that writing, of the Board’s action.
Step 4. If the action taken by the Board does not resolve the grievance to the satisfaction of the teacher, the teacher or the Association acting at the request of the teacher may submit the grievance to arbitration.
4.11 Within ten (10) days binding arbitration under the Voluntary Labor Arbitration Rules of the receipt American Arbitration Association which shall act as the administrator of the proceedings. The demand for arbitration and a request for arbitration, written notice to the Association shall determine if Board must be filed within thirty calendar days following the action taken by the Board at Step 3 or the grievance is shall be deemed to be submitted withdrawn. Neither the board nor the teacher shall be permitted to arbitration and shall so notify assert any grounds or offer any evidence before the District.
4.12 Within ten (10) days of a decision by arbitrator which was not previously disclosed to the Association to submit a grievance to arbitration, the District and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) days, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitrationother party. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing have no power to the District and the Association. The remedy of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the Association.
4.14 A grievant may seek to resolve a grievance prior to arbitration without intervention by the Association, provided that the resolution is consistent with alter the terms of this Agreementagreement or established Boardpolicy.
4.15 9.3 Class grievances may be initially filed by the Association at Step 2.
9.4 Costs and expenses which may be incurred in securing and utilizing the services of an arbitrator shall be shared equally by the Board and Association.
9.5 No reprisals shall be taken by the Board, administrative staff or supervisor against a teacher because of his participation in a grievance.
9.6 Should any grievance hearing require a teacher to be released from his regular assignment, he/she shall be released without loss of pay or benefits.
9.7 All records related to a grievance shall be resolved before placed on file in the Association has been given office of the opportunity to submit a written response. This written response Superintendent but shall be submitted within ten (10) working days after filed separately from the personnel files of the participants.
9.8 A grievance has been filedmay be withdrawn at any level without establishing precedent.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. 4.1 9.1 A grievance is defined as an alleged violation, misrepresentation or misapplication of one or more of the provisions of this agreement and/or an allegation by a written allegation teacher that there his/ her right to fair treatment has been a violation, misinterpretation, or misappropriation violated.
9.2 The philosophy of all members of the Agreement by administrative staff, supervisors and department chairmen at Centralia High School is that they welcome the District.
4.2 A Grievant is opportunity to discuss problems with any teacher. Most issues, problems and grievances can be resolved in this manner without a unit membergreat deal of formality. However, or the Associationfollowing formal procedures are hereby established to be followed when, filing the grievance.
4.3 A day, for the purpose of resolving a grievance, shall be a day when the schools in the District are in sessionopinion of the teacher, excluding Saturdays, Sundays and Summer Session.such is necessary to petition for redress of grievances:
4.4 Before filing a written grievance, a grievant may attempt to resolve the problem by an informal conference with the immediate supervisor.
4.5 A Step 1. The grievance must shall be filed within thirty (30) 20 school days of or 30 calendar days, whichever is the event which gave rise to lesser, from the grievance.
4.6 A written grievance shall first be filed with the immediate supervisor and with the president of the Association. The written grievance shall identify the section(s) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy date on which the grievant seeks.
4.7 Within ten (10) becomes knowledgeable as to the incident which creates the alleged violation of this agreement and/or allegation that his/her right to fair treatment has been violated. The teacher shall present the grievance, in writing, to the department chairman and/or the person filling the position which is indicated in the organizational chart as being the teacher’s immediate supervisor, who will arrange for a conference to be held within four school days after receipt of the grievance, the immediate supervisor shall have met with . If requested by the grievant and issued a decision in writing.
4.8 If the grievant is dissatisfied with the decision another member of the immediate supervisor, or Association may be present at such conference. Within three school days after the ten (10) days have elapsed without a responseconference, the grievant shall be provided with the supervisor’s written response, indicating the decision and the reasons for same.
Step 2. If the grievance is not resolved at Step 1, the grievant or the Association acting at the request of the grievant may within five (5) days appeal refer the grievance to the Superintendent. The notification of the intent to request a hearing at Step 2 must be received by the Superintendent within five school days or seven calendar days, whichever is the greater, of the date of the supervisor’s written response as required under Step 1 or the grievance shall be deemed to be withdrawn. The Superintendent shall, within five school days of receipt of the notification referred to above, arrange a conference. Those present at such conference shall be the Superintendent, Principal, the immediate supervisor involved, the grievant, and if requested by the grievant, another member of the Association. Each party shall have the right to include in its representation such witnesses as it deems necessary. Within three school days after the conference, the grievant shall be provided with the Superintendent’s written response, indicating his decision and the reason for same.
4.9 Within ten (10) Step 3. If the grievance is not resolved at Step 2, the grievant or the Association acting at the request of the grievant may request a conference with the Board. Such request must be in writing and must be received by the Superintendent within five school days or seven calendar days, whichever is greater, of the date of the Superintendent’s written response as required under Step 2 or the grievance shall be deemed to be withdrawn. The Superintendent shall notify the Board within three school days after receipt of the appealwritten request of the grievant. The Board agrees to hear the grievance at its next regular meeting or at a special meeting to be called within thirty calendar days after notification by the Superintendent. The Board hearing will be held in executive session with those in attendance being the Board members, Superintendent, Principal, the Superintendent immediate supervisor involved and the grievant. In addition to those mentioned above the grievant may upon request, have a representative of the Association present and the Board may, by notifying the grievant, have a representative present. Each party shall have met with the grievant and issued a decision right to include in writing.
4.10 If ten (10) days have elapsed without a responseits representation such witnesses as it deems necessary. Following the executive session hearing, the grievant mayBoard shall be afforded the opportunity to caucus for the purpose of discussing the grievance. Action taken by the Board shall be taken in open meeting and recorded in the official minutes of the meeting. The teacher shall, within five (5) school days request after the hearing, be notified, in writing that writing, of the Board’s action.
Step 4. If the action taken by the Board does not resolve the grievance to the satisfaction of the teacher, the teacher or the Association acting at the request of the teacher may submit the grievance to arbitration.
4.11 Within ten (10) days binding arbitration under the Voluntary Labor Arbitration Rules of the receipt American Arbitration Association which shall act as the administrator of the proceedings. The demand for arbitration and a request for arbitration, written notice to the Association shall determine if Board must be filed within thirty calendar days following the action taken by the Board at Step 3 or the grievance is shall be deemed to be submitted withdrawn. Neither the board nor the teacher shall be permitted to arbitration and shall so notify assert any grounds or offer any evidence before the District.
4.12 Within ten (10) days of a decision by arbitrator which was not previously disclosed to the Association to submit a grievance to arbitration, the District and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) days, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitrationother party. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing have no power to the District and the Association. The remedy of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the Association.
4.14 A grievant may seek to resolve a grievance prior to arbitration without intervention by the Association, provided that the resolution is consistent with alter the terms of this Agreementagreement or established Board policy.
4.15 9.3 Class grievances may be initially filed by the Association at Step 2.
9.4 Costs and expenses which may be incurred in securing and utilizing the services of an arbitrator shall be shared equally by the Board and Association.
9.5 No reprisals shall be taken by the Board, administrative staff or supervisor against a teacher because of his participation in a grievance.
9.6 Should any grievance hearing require a teacher to be released from his regular assignment, he/she shall be released without loss of pay or benefits.
9.7 All records related to a grievance shall be resolved before placed on file in the Association has been given office of the opportunity to submit a written response. This written response Superintendent but shall be submitted within ten (10) working days after filed separately from the personnel files of the participants.
9.8 A grievance has been filedmay be withdrawn at any level without establishing precedent.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. 4.1 A grievance Grievance is a written allegation claim by an employee, or the Association that there has been a violation, misinterpretation, or misappropriation misapplication of any provision of this Agreement. A grievance may be filed no more than fifteen (15) school days from the date of the Agreement by occurrence. Every teacher and the District.
4.2 A Grievant is Association may present a unit membergrievance in accordance with these procedures. The parties agree to follow the steps as herein below set out in the processing of a grievance; and if at any time the Board's representative fails to give his/her written response within the time limit therein set forth, the teacher or Association may appeal the grievance to the next step at the expiration of said time limit. Any grievance not carried to the next step within the prescribed time limit, or the Association, filing the grievance.
4.3 A day, for the purpose of resolving a grievancesuch extension which has been agreed to, shall be automatically closed upon the basis of the last disposition. In computing time limits, only school days shall be included, and for their purpose a school day when shall end at 4:00 p.m. If a grievance is filed at the schools end of the school year that -cannot be resolved in the District are in sessionstated time limits, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing all time limits shall be shortened so the procedure may be completed within 30 school days. Step One An employee or the Association with a written grievance, a grievant may attempt to resolve the problem by an informal conference with the immediate supervisor.
4.5 A grievance must be filed within thirty (30) days of the event which gave rise to the grievance.
4.6 A written grievance shall first be filed discuss it with his/her principal with the immediate supervisor aim of resolving the matter informally. Step Two If the grievance is not settled, it shall, within three (3) school days thereafter be set out in writing signed by the teacher or authorized Association representative and with given to the president of principal, who shall within five (5) school days after receipt thereof give his/her written answer to the grievant and the Association. The Step Three If the grievance is not settled in Step Two, the teacher or Association may appeal the Principal's decision by giving a written grievance shall identify the section(snotice of such appeal within three (3) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeks.
4.7 Within ten (10) school days after receipt of the grievance, Principal's decision. Within five (5) school days after receipt the immediate supervisor Superintendent shall have met meet with the grievant and issued teacher or Association to resolve the grievance. The Superintendent shall give a decision in writing.
4.8 If the grievant is dissatisfied with the decision of the immediate supervisor, or the ten (10) days have elapsed without a response, the grievant may written answer within five (5) days appeal the grievance to the Superintendent.
4.9 Within ten (10) days after receipt of the appeal, the Superintendent shall have met with the grievant and issued a decision in writing.
4.10 If ten (10) days have elapsed without a response, the grievant may, within five (5) days request in writing that the Association submit the grievance to arbitration.
4.11 Within ten (10) days of the receipt of a request for arbitration, the Association shall determine if the grievance is to be submitted to arbitration and shall so notify the District.
4.12 Within ten (10) days of a decision by the Association to submit a grievance to arbitration, the District and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) days, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing to the District and the Association. The remedy of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the Association.
4.14 A grievant may seek to resolve a grievance prior to arbitration without intervention by the Association, provided that the resolution is consistent with the terms of this Agreement.
4.15 No grievance shall be resolved before the Association has been given the opportunity to submit a written response. This written response shall be submitted within ten (10) working days after the grievance has been filedclose of the discussion to the teacher and/or Association.
Appears in 1 contract
Sources: Master Contract
Grievance Procedures. 4.1 18.1 A "grievance" shall be any difference of opinion, controversy or dispute arising between the parties hereto relating to the alleged violation of interpretation or application of any of the provisions of this agreement, except that the termination or discharge of a probationary employee shall not be subject to this grievance procedure, and such action may not be appealed hereunder.
18.2 A grievance is a written allegation that there has been a violation, misinterpretation, or misappropriation of the Agreement to be considered in this procedure must be initiated by the District.
4.2 A Grievant is a unit member, or the Association, filing the grievance.
4.3 A day, for the purpose of resolving a grievance, shall be a day when the schools in the District are in session, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing a written grievance, a grievant may attempt to resolve the problem by an informal conference with the immediate supervisor.
4.5 A grievance must be filed employee within thirty (30) working days from the time the employee knew or should have known of its occurrence. Within that same thirty (30) day period, the event which gave rise grievance procedure shall include an informal step before the grievance is admitted to the grievance.
4.6 A written grievance formal steps. The informal level shall first be filed with a hearing before the immediate supervisor who shall make note of the hearing and attempt a satisfactory resolution of the grievance. All steps in the formal stage must be followed in order, except when there is a mutual determination by the parties to waive any formal step or steps or to merge given grievances in order to expedite the hearing of a matter at issue. STEP ONE The grievance shall be discussed with the president of employee involved and the AssociationAssociation representative with the ▇▇▇▇, Human Resources, or a designated representative. The written grievance answer shall identify the section(s) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeks.
4.7 Within be in writing and made within ten (10) working days after receipt of by the grievance▇▇▇▇, Human Resources, to the employee with a copy to the Association. STEP TWO If the grievance is not settled through Step One, the immediate supervisor same shall have met with the grievant and issued a decision in writing.
4.8 If the grievant is dissatisfied with the decision of the immediate supervisor, or the ten (10) days have elapsed without a response, the grievant may within five (5) working days appeal be reduced to writing by the grievance Association and submitted to the Superintendent.
4.9 Within appropriate Executive Vice President or a designated representative, and the answer to such grievance shall be made in writing to the Association, with a copy to the employee, and the ▇▇▇▇, Human Resources, within ten (10) working days after receipt of submission. STEP THREE If the appealgrievance is not settled at Step Two, then the Superintendent aggrieved employee and the Association shall have met with the grievant and issued a decision in writing.
4.10 If ten (10) days have elapsed without a response, the grievant may, right within five (5) working days request in writing that the Association to submit the grievance to arbitration.
4.11 Within ten (10) days of the receipt of a request for arbitration, the Association shall determine if the grievance is to be submitted to arbitration and shall so notify the District.
4.12 Within ten (10) days of a decision by the Association to submit a grievance to arbitration, the District and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) days, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing to the District and the Association. The remedy President of the arbitrator College, or a designated representative, who shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the Association.
4.14 A grievant may seek to resolve a answer such grievance prior to arbitration without intervention by the Association, provided that the resolution is consistent with the terms of this Agreement.
4.15 No grievance shall be resolved before the Association has been given the opportunity to submit a written response. This written response shall be submitted within ten (10) working days after submission in writing to the Association with a copy to the employee and the ▇▇▇▇, Human Resources.
18.3 Should an employee be laid off or discharged, the employee shall be entitled to a hearing, starting with the third step above. If it is determined that the layoff or discharge is in violation of the terms of this Agreement, the employee shall be restored to the former position and status without loss of pay, unless there are mitigating circumstances.
18.4 If the aggrieved person is not satisfied with the disposition of a grievance at Step Three, within twenty (20) working days of the disposition at that step, the grievant and the Association shall present written notice to the ▇▇▇▇, Human Resources, of an intention to submit the grievance has to arbitration. The arbitrator shall be selected from a panel requested from the Public Employment Relations Commission (PERC) by the parties in accordance with the procedures of the Commission.
18.5 The arbitrator shall hear only the issues that are submitted and shall be limited within terms and conditions of this Agreement and furthermore, shall be without authority or power to render any decision which required the commission or an act prohibited by law or which requires the violation of this Agreement and shall not modify, add to, or subtract from any provision of this Agreement.
18.6 The decision of the arbitrator shall be served simultaneously upon the parties not later than thirty (30) days from the date of the hearing, or, if oral hearings have been filedwaived, then from the mutually agreed upon date when the final statements and proofs on the issues are submitted to the arbitrator. The decision of the arbitrator shall be binding.
18.7 The fees and costs incurred in connection with arbitration, including the services of the arbitrator, per diem expenses of the arbitrator, if any, and actual and necessary travel, subsistence expenses and costs of the hearing room shall be shared equally by the College and the Association.
18.8 If, in the judgment of the Association, a grievance affects a group or class of BCC Professional Staff Association members, the Association may submit such grievance in writing to the ▇▇▇▇, Human Resources directly and the next step will be the President's level. The Association may process such a grievance through all steps of the grievance procedure even though the aggrieved person does not wish to do so.
18.9 The parties agree that there shall be no reprisals against an individual grievant.
18.10 The parties agree that a grievance hearing shall be in private.
18.11 If the College fails to respond within any of the time limits set forth in the grievance procedure, the employee may proceed to the next step. All time limits shall continue to run. If the employee wishes to pursue the grievance, the employee must proceed in a timely manner throughout the steps.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. 4.1 A. A grievance is a written allegation that there has been a an alleged violation, misinterpretation, or misappropriation misapplication of this Agreement. The “grievant” is the employee or Association alleging violation of the Agreement specific and express terms of the Agreement.
B. All grievances shall be handled by the District.following procedures:
4.2 A Grievant is a unit memberStep 1. The grievant, either alone or the Association, filing the grievance.
4.3 A day, for the purpose of resolving a grievancewith an Association representative, shall be a day when first discuss the schools grievance with the principal within five (5) workdays of the alleged occurrence in the District are in session, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing a written grievance, a grievant may an attempt to resolve the problem by an grievance informally.
Step 2. If the grievance is not resolved at Step 1, it shall be reduced to writing and presented to the principal within five (5) workdays after the original informal conference with the immediate supervisor.
4.5 A grievance must be filed within thirty (30) days under Step 1 of the event which gave rise to the grievance.
4.6 A written grievance shall first be filed with the immediate supervisor and with the president of the Associationthis procedure. The written grievance shall identify be presented to and discussed with the section(s) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which principal by either the grievant seeks.
4.7 Within ten (10) days after receipt of the grievance, the immediate supervisor shall have met with the grievant and issued a decision in writing.
4.8 If the grievant is dissatisfied with the decision of the immediate supervisor, or the ten (10) days have elapsed without a response, the grievant may within Association representative. Within five (5) days appeal workdays after the receipt of the written grievance, the principal shall render his/her written decision to the Association and to the grievant.
Step 3. Within five (5) workdays after the receipt of the principal’s written decision, the grievance may be (by the Association or grievant) appealed to the Superintendent.
4.9 Superintendent or his designee. The appeal shall be in writing and shall be accompanied by a copy of the decision at Step 2. Within ten five (105) days workdays after receipt of the appeal, the Superintendent or his/her designee shall have met with investigate the grievant grievance and issued a decision shall communicate his/her findings in writingwriting to the Association, ▇▇▇▇▇▇▇▇, and to the principal.
4.10 Step 4. If ten (10) days have elapsed without a responsethe alleged grievance is not resolved at Step 3, the grievant may, or the Association may submit the grievance to the Board of Education within five (5) workdays after receipt of the written decision of the Superintendent or his/her designee. The Board shall hear the grievance at one of the next two (2) regularly scheduled meetings after receipt and shall render its written decision within thirty (30) working days request in writing that of the hearing to the grievant and/or the Association.
Step 5. If the Association is not satisfied with the disposition of the grievance by the Board, only the Association and not the individual employee may submit the grievance to arbitration.
4.11 Within ten arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator within fifteen (1015) calendar days of from the receipt of a request for arbitrationnotification date that arbitration will be pursued, the Association he/she shall determine if the grievance is to be submitted to arbitration and shall so notify the District.
4.12 Within ten (10) days of a decision selected by the American Arbitration Association to submit a grievance to arbitration, in accord with its rules which shall likewise govern the District arbitration proceeding. The Board and the Association shall choose a mutually acceptable arbitrator. If have no choice has been made after five (5) dayspower to alter, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name add to, or subtract from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing to the District and the Association. The remedy of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the Association.
4.14 A grievant may seek to resolve a grievance prior to arbitration without intervention by the Association, provided that the resolution is consistent with the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
4.15 No grievance a. It shall be resolved before signed by the grievant or Association has representative;
b. It shall contain a synopsis of the facts giving rise to the alleged violation;
c. It shall cite the section or subsections of this contract alleged to have been given violated;
d. It shall contain the opportunity to submit a written response. This written response date of the alleged violation;
e. It shall be submitted within ten (10) working days after specify the grievance has been filedrelief requested.
Appears in 1 contract
Sources: Master Agreement
Grievance Procedures. 4.1 28.1 A grievance for purposes of this Agreement is a written allegation that there has been dispute, claim or complaint involving a violation, misinterpretation, or misappropriation question of the interpretation or application of this Agreement as it applies to wages, hours or working conditions and may be filed by either the DistrictAssociation or an Employee and shall be settled as hereinafter provided. The parties shall encourage informal discussion between the grievant and the Chief to resolve issues before resorting to the grievance procedure.
4.2 A Grievant is 28.2 The Grievance Committee and/or the aggrieved Employee shall submit any grievance to the Chief of the Department within 10 calendar days of the date of the grievance or its or their knowledge of the occurrence. The Chief shall attempt to solve the problem and shall file a unit member, or written response thereto within 5 calendar days of the Association, filing receipt of the grievance.
4.3 A day28.3 If the answer of the Chief is not satisfactory, for or if no answer is received, the purpose of resolving a grievance, grievance shall be a day when submitted to the schools in Mayor within 10 calendar days of receipt of the District are in sessionanswer or within 10 days from date of said answer is due from the Chief. A copy of such submission shall be forwarded to the City Solicitor's Office. The Mayor shall, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing a written grievance, a grievant may attempt to resolve the problem by an informal conference with the immediate supervisor.
4.5 A grievance must be filed within thirty (30) 10 calendar days of the event which gave rise receipt thereof, schedule and hold a meeting to discuss the grievance. Within 5 calendar days after said meeting, the Mayor shall reply to grievance in writing.
4.6 A written grievance 28.4 In the event the Mayor shall first be filed with the immediate supervisor and with the president of the Association. The written grievance shall identify the section(s) of this Agreement alleged fail to have been violated, misinterpreted reply or misapplied. It shall specify the remedy which the grievant seeks.
4.7 Within ten (10) days after receipt of should fail to find a satisfactory solution to the grievance, the immediate supervisor shall have met with the grievant and issued a decision in writing.
4.8 If the grievant is dissatisfied with Association may, if it so elects, within 30 days from receipt of the decision of the immediate supervisorfrom Mayor, or the ten (10) days have elapsed without a responsedate said decision was due, the grievant may within five (5) days appeal the grievance to the Superintendent.
4.9 Within ten (10) days after receipt of the appeal, the Superintendent shall have met with the grievant and issued a decision in writing.
4.10 If ten (10) days have elapsed without a response, the grievant may, within five (5) days request in writing that the Association submit the grievance to arbitration. Notice of intent to submit to arbitration must be forwarded, within said 30-day period, in hand or by mail, postage prepaid, to the Mayor and a copy provided to the City Solicitor.
4.11 Within ten (10) 28.5 The Grievance Committee of the Association and City shall mutually agree upon the arbitrator to handle the grievance and, in the event no such agreement shall be forthcoming within 10 days of the receipt notice of a request for arbitration, the Association shall determine if the grievance is to be submitted to arbitration and shall so notify the District.
4.12 Within ten (10) days submission of a decision by the Association to submit a grievance to arbitration, the District and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) daysgrievance, the parties shall request the California Conciliation Service American Arbitration Association to supply provide a list panel of five (5) persons who are experienced in public school arbitrationarbitrators from which a selection of an arbitrator, agreeable to the parties shall be made. The District expenses for arbitration shall be the equal responsibilities of the Association and the Association shall alternately strike a name from the list until only one remains. The order of striking City.
28.6 An arbitrator hereunder shall be determined by lot.
4.13 Upon completion without power to alter, amend, add to or detract from any language of a hearing, the arbitrator shall issue findings and a remedy in writing to the District and the Association. The remedy of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy arbitrator's award shall be in writing and shall set forth their findings of fact, reasoning, and conclusions.
28.7 Should the matter involved in a grievance pertain to problems also covered by the Civil Service Law of the arbitrator Commonwealth (M.G.L. Ch. 31), the grievance may be appealed, at the Employee's election, either to the Civil Service Commission or under the provisions of Section 28.04 above. Selection of one forum shall preclude the Employee from pursuing the matter in the other forum.
28.8 Any incident which occurred or failed to occur prior to the signing of this Agreement shall not be advisory on the District subject to any grievance hereunder.
28.9 Two or more separate grievances otherwise subject to this Agreement which involve the same or similar matters or questions and which affect a group or class of employees may, by mutual agreement between the Chief of the Department and the Association, be consolidated at any step of the grievance procedure and thereafter processed as a single grievance; provided, however, that all procedures set forth herein shall apply to each consolidated grievance.
4.14 A grievant may seek 28.10 In the event any Employee is required to resolve a grievance prior to arbitration without intervention by the Association, provided that the resolution is consistent with the terms of this Agreement.
4.15 No grievance shall be resolved appear before the Association has been given Fire Chief, while on or off duty, the Chief shall afford any such employee an opportunity to submit a written response. This written response shall consult with representatives of the Association beforehand, and reasonable opportunity to engage legal counsel of their own choosing or permit the Association to engage counsel on their behalf and, to the extent reasonably possible, to be submitted within ten (10) working days after the grievance has been filedprovided with notice of not less than 24 hours in advance.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. 4.1 A grievance is a written allegation A. Any teacher or group of teachers believing that there has been a violation, misinterpretationmisinterpretation or misapplication of any provision of this Agreement or of any rule, order or misappropriation regulation of the Agreement by Board regarding wages, hours, terms or conditions of employment may take the District.
4.2 A Grievant is a unit member, or following steps to implement the Association, filing settlement of the grievance.
4.3 A day, for the purpose of resolving a grievance, alleged violation. All reference to this Article to principal shall be a day when the schools in the District are in session, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing a written grievance, a grievant may attempt to resolve the problem by an informal conference with the immediate also mean appropriate supervisor.
4.5 A grievance must be filed within thirty (30) days of the event which gave rise B. Both parties mutually understand and agree to the grievance.
4.6 A written grievance shall first be filed with the immediate supervisor allow discussions and with the president of the Association. The written grievance shall identify the section(s) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeks.
4.7 Within ten (10) days after receipt of the grievance, the immediate supervisor shall have met with the grievant resolutions concerning contractual issues between an individual association member and issued a decision in writing.
4.8 If the grievant is dissatisfied with the decision of the immediate supervisor, or the ten (10) days have elapsed without a response, the grievant may within five (5) days appeal the grievance to the Superintendent.
4.9 Within ten (10) days after receipt of the appeal, the Superintendent shall have met with the grievant and issued a decision in writing.
4.10 If ten (10) days have elapsed without a response, the grievant may, within five (5) days request in writing that the Association submit the grievance to arbitration.
4.11 Within ten (10) days of the receipt of a request for arbitration, the Association shall determine if the grievance is to be submitted to arbitration and shall so notify the District.
4.12 Within ten (10) days of a decision by the Association to submit a grievance to arbitration, the District and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) days, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing to the District and the Association. The remedy of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the Association.
4.14 A grievant may seek to resolve a grievance prior to arbitration without intervention by the Association, his/her administrator provided that the said resolution is consistent with the terms of this Agreement.
4.15 No grievance shall be resolved before the Master Agreement and the Association has been given the opportunity to submit be present at such adjustments.
1. If, after meeting and discussing the alleged violation with the building principal, a satisfactory settlement cannot be concluded, the teacher or teachers may, within seven (7) work days of the occurrence of the alleged violation, file a written responsegrievance with the principal.
2. This Within ten (10) work days of receipt of the written response grievance, the principal shall meet with the Association representative in an effort to resolve the grievance. Affected teacher(s) may or may not be present at such meeting. The principal’s written answer shall be submitted given within ten (10) working work days after such meeting.
3. When the particular grievance arises in more than one (1) school building and the Association and the aggrieved teacher(s) believe the grievance has been filedmerit, the written grievance shall be filed with the Assistant Superintendent of Human Resources, at Step Two.
1. If the meeting with the principal does not result in an agreement, and the Association and the aggrieved teacher(s) believe the grievance has merit, the grievance shall be transmitted within ten (10) work days after receipt of the principal’s answer to the Assistant Superintendent of Human Resources, by the Association president or his/her alternate.
2. The Assistant Superintendent of Human Resources shall hold either a formal or informal discussion with any or all parties involved. Within fifteen (15) work days of receipt of the written grievance, he/she shall return the grievance to the Association president with his/her decision to approve or deny said grievance. If the matter is not resolved at Step 2, then the aggrieved teacher(s) may appeal to the Superintendent within ten (10) work days, and the Superintendent shall notify the parties of his decision within ten (10) work days.
1. If the decision of the Superintendent is not satisfactory to the Association and the aggrieved teacher(s), the grievance may be submitted to arbitration by written notice given by the Association within fifteen (15) work days after receipt of the decision. An impartial arbitrator shall be selected, within ten (10) work days, by the parties to decide the matter. If the parties cannot agree as to the arbitrator, he/she shall be selected by the parties in accordance with the rules of the American Arbitration Association. The Association agrees to share equally in any filing fees. The power of the arbitrator shall be limited to the interpretation of application of the express terms of this Agreement and he/she shall have no power to alter, add to or subtract from the terms of this Agreement as written. Both parties agree to be bound by the award of the arbitrator and Agree that judgment thereon may be entered in any court of competent jurisdiction.
2. No grievance shall be processed unless initiated or carried to the next step within the time provided herein or as extended by mutual agreement.
3. The fees and expenses of the arbitrator shall be shared equally by the Board and the Association.
Appears in 1 contract
Sources: Master Agreement
Grievance Procedures. 4.1 3.1 A grievance is defined as a written allegation claim by a member of the bargaining unit that there has been a violationviolation of a specific provision of this Agreement. Whenever a claim is made by a member of the Lisbon Association of Paraprofessionals that there has been a violation or inequitable application of any of the provisions of this Agreement the claimant will first discuss the matter with the Building Principal, misinterpretationwith the objective of resolving the matter informally. If the claim is not resolved, or misappropriation no decision is forthcoming from the Building Principal within five (5) school days, the claimant must reduce the claim to writing and file it with the Building Principal and the Association within fifteen (15) school days of its first discussion above; otherwise the Agreement claim will be considered dropped. Comment [d2]: SB Change Oct.26th Draft 1 Comment [d3]: SB Change Oct.26th Draft 1
3.2 The Principal will meet with the claimant, accompanied if desired by an Association representative of his/her choice within five (5) school days of receiving the Districtwritten claim to resolve it. The claimant must notify the Administration in writing if he or she is to be represented. If the claim continues unresolved, or if no written decision is forthcoming from the Principal within ten (10) school days after discussion, the claimant may request, directly or through his/her designated Association representative, that the claim be submitted to the Superintendent of Schools within fifteen (15) school days after discussion; otherwise, the claim will be considered dropped.
4.2 A Grievant is 3.3 The Superintendent will meet with the claimant and if the claimant chooses; their Association representative in a unit member, or the Association, filing the grievance.
4.3 A day, for the purpose of resolving a grievance, shall be a day when the schools in the District are in session, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing a written grievance, a grievant may attempt further effort to resolve the problem by an informal conference with claim within ten (10) school days of receiving claim. If the immediate supervisor.
4.5 A grievance must be filed claim continues unresolved or if no written decision is forthcoming from the Superintendent within ten (10) school days after discussion, the claimant may request within thirty (30) days after the discussion that the claim be brought before the School Board; otherwise it will be considered dropped.
3.4 The School Board will meet, within fifteen (15) days or the next regular School Board Meeting, whichever is later, of the event which gave rise to receipt of the grievance.
4.6 A written grievance shall first be filed unresolved claim, with the immediate supervisor all parties involved and with any witnesses deemed helpful by the president of the AssociationSchool Board. The written grievance shall identify the section(s) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeks.
4.7 Within School Board will render its decision within ten (10) school days after receipt of conclusion of discussion of the grievanceclaim. Comment [d6]: SB Change Oct.26th Draft 1 Comment [d5]: SB Change Oct.26th Draft 1
3.5 If the Grievance is not resolved at the School Board level, the immediate supervisor shall have met with the grievant and issued a decision in writing.
4.8 If the grievant is dissatisfied with the decision of the immediate supervisor, or the ten (10) days have elapsed without a response, the grievant Association may within five (5) days appeal the grievance to the Superintendent.
4.9 Within ten (10) days after receipt of the appeal, the Superintendent shall have met with the grievant and issued a decision in writing.
4.10 If ten (10) days have elapsed without a response, the grievant may, within five (5) days request in writing that the Association submit take the grievance to arbitration.
4.11 Within ten (10) days . The arbitrator will be chosen under the Rules of the receipt of a request for arbitration, American Arbitration Association or under the Association shall determine if the grievance is to be submitted to arbitration and shall so notify the District.
4.12 Within ten (10) days of a decision procedures established by the Association to submit a grievance to arbitration, the District and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) days, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitrationNew Hampshire PERLB. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing to the District and the Association. The remedy of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy decision of the arbitrator shall be advisory on final and binding.
1. The arbitrator has no authority to alter, change, or modify any provisions of this agreement.
2. The arbitrator’s fees and reasonable expenses shall be born equally by the District and the Association.
4.14 A grievant may seek to resolve a grievance prior to 3. The arbitration without intervention by the Association, provided that the resolution is consistent with the terms of this Agreement.
4.15 No grievance provisions contained herein shall be resolved before subject to the Association has been given the opportunity to submit a written response. This written response shall be submitted within ten (10) working days after the grievance has been filedprovisions of RSA 542 “Arbitration of Disputes”.
Appears in 1 contract
Sources: Professional Negotiated Agreement
Grievance Procedures. 4.1 A grievance is a written allegation A. The Association, believing that there has been a violation, misinterpretationmisinterpretation or misapplication of any provision of this Agreement, may file a written grievance with the Board or misappropriation of the Agreement by the District.
4.2 A Grievant is a unit member, or the Association, filing the grievance.
4.3 A day, for the purpose of resolving a grievance, its representative. No grievance shall be a day when the schools in the District are in session, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing a written grievance, a grievant may attempt to resolve the problem by an informal conference with the immediate supervisor.
4.5 A grievance must be filed processed unless it is presented at Step 1 within thirty (30) calendar days from the alleged occurrence.
B. Within five (5) working days of the event which gave rise to the grievance.
4.6 A written grievance shall first be filed with the immediate supervisor and with the president of the Association. The written grievance shall identify the section(s) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeks.
4.7 Within ten (10) days after receipt of the grievance, the affected employee's immediate supervisor shall have met meet with the grievant and issued a decision representatives designated by the Association in writing.
4.8 If an effort to resolve the grievant is dissatisfied grievance. The affected employee may or may not be present at such meeting. If, after meeting with the decision of the immediate supervisor, or the ten (10) days have elapsed without a responseparties cannot agree, the grievant may within grievance shall be promptly transmitted to the superintendent who shall have five (5) days thereafter to approve or disapprove the grievance. If the grievance is transmitted directly to the superintendent, he/she shall have five (5) days from receipt to approve or disapprove the grievance.
C. If the grievance shall be denied in writing (Grievance Form - Appendix B) by the superintendent, the Association may, within ten (10) school days after receiving the superintendent's decision, appeal the grievance to the Superintendent.
4.9 Within ten (10) days after receipt Board of Education. The appeal shall be in writing and shall contain the reasons for the appeal, and a copy of the Superintendent shall have met with the grievant and issued a decision in writingsuperintendent's decision.
4.10 If ten D. Within thirty (1030) days have elapsed without a responsecalendar days, or at the next regular or special Board meeting for which the Agenda has not already been issued, whichever is first from receipt of grievance, the grievant mayBoard shall pass upon the grievance. The Board may hold a hearing thereon, within five (5) days request may designate one or more of its members to hold a hearing, or otherwise investigate the grievance, or prescribe such procedure as it may deem appropriate for consideration of the grievance, provided, however, that in writing that no event, except with express written consent of the Association submit Association, shall determination of the grievance to arbitrationbe made by the Board more than thirty (30) calendar days after the Board has received it. A copy of the disposition shall be furnished the Association.
4.11 Within ten (10) days of E. If the receipt of a request for arbitrationgrievance is not resolved through Steps A, B, or C, the Association may invoke binding arbitration procedures within 30 calendar days. If the parties cannot agree to the arbitrator, he shall determine if be selected by the grievance is American Arbitration Association in accordance with the rules governing arbitration proceedings. Both parties agree to be submitted to arbitration and shall so notify the District.
4.12 Within ten (10) days of a decision bound by the Association to submit a grievance to arbitration, the District and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) days, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing to the District and the Association. The remedy award of the arbitrator shall conform to and agree that the laws judgment thereon may be entered in any court of the State of California and this Agreementcompetent jurisdiction. The remedy fees and expenses of the arbitrator shall be advisory on paid by the District and the Associationlosing party.
4.14 A grievant may seek to resolve F. If any employee for whom a grievance prior is sustained with full reimbursement of all compensation lost, if he/she shall have been found to arbitration without intervention by have been improperly deprived of any compensation or advantage, the Association, provided that same or its equivalent in money shall be paid to him/her.
G. Notwithstanding the resolution is consistent with the terms expiration of this Agreement, any claim or grievance arising thereunder may be processed through the grievance procedure until resolution as long as it complies with the thirty (30) day filing limitation.
4.15 No H. Filing of any grievance shall be resolved before in no way interfere with the Association has been given right of the opportunity Employer to submit a written responseproceed in carrying out its management/responsibilities subject to the final decision of the grievance procedure. This written response In the event the alleged grievance involves an order, requirement or direction, the grievance shall fulfill or carry out such order, direction or requirement pending the final decision of the grievance procedure.
I. It shall be submitted within ten (10) the general practice of all parties in interest to process grievance procedures during times which do not interfere with the assignment of duties; provided, however, in the event it is agreed by the Board to hold proceedings during regular working days after hours, a member participating in any level of the grievance has been filedprocedure, with any representative of the Board, shall be released from assigned duties without loss of salary or time.
Appears in 1 contract
Sources: Auxiliary Contract
Grievance Procedures. 4.1 A grievance is a written allegation that there has been a violation, misinterpretation, or misappropriation (a) Grievances within the meaning of the Agreement by grievance procedure and of this arbitration clause shall consist only of disputes about the District.
4.2 A Grievant is a unit member, interpretation or the Association, filing the grievance.
4.3 A day, for the purpose application of resolving a grievance, shall be a day when the schools in the District are in session, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing a written grievance, a grievant may attempt to resolve the problem by an informal conference with the immediate supervisor.
4.5 A grievance must be filed within thirty (30) days of the event which gave rise to the grievance.
4.6 A written grievance shall first be filed with the immediate supervisor and with the president of the Association. The written grievance shall identify the section(s) particular clauses of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeksand under no circumstances will grievances be brought up as matters for negotiation.
4.7 Within ten (10b) days after receipt of Step 1. - Any employee who believes he has suffered a grievance shall, with his ▇▇▇▇▇▇▇, discuss the grievance, the immediate supervisor matter with his ▇▇▇▇▇▇▇ in an attempt to arrive at a satisfactory settlement. The ▇▇▇▇▇▇▇ shall have met with the grievant and issued a make his decision in writing.
4.8 If the grievant is dissatisfied with the decision of the immediate supervisor, or the ten (10) days have elapsed without a response, the grievant may within five (5) days appeal the grievance to the Superintendent.
4.9 Within ten (10) days after receipt of the appeal, the Superintendent shall have met with the grievant and issued a decision in writing.
4.10 If ten (10) days have elapsed without a response, the grievant mayand, within five (5) working days request in writing that thereafter, advise the Association submit the grievance to arbitrationemployee of said decision.
4.11 Within ten (10c) days of the receipt of a request for arbitrationStep 2. - If no satisfactory settlement is reached at Step 1, the Association shall determine if the grievance is to be submitted to arbitration and shall so notify the District.
4.12 Within ten (10) days of a decision by the Association to submit a grievance to arbitration, the District and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) days, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing to the District and the Association. The remedy of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the Association.
4.14 A grievant may seek to resolve a grievance prior to arbitration without intervention by the Association, provided that the resolution is consistent with the terms of this Agreement.
4.15 No grievance shall be resolved before reduced to writing, in duplicate, and signed by the Association has been given the opportunity to submit a written response. This written response employee and his ▇▇▇▇▇▇▇ and both copies shall be submitted presented by the ▇▇▇▇▇▇▇ to the department head within ten (10) working days after the date that the grievant either knew of the dispute or should have known of the dispute. If no agreement is reached by the parties, the Employer shall advise the Union and the aggrieved employee, in writing, as to the position of the Employer within ten (10) working days of having received the written grievance.
(d) Step 3. - Within ten (10) working days of the Employer advising the Union that the matter cannot be resolved as described above, either party shall have the right to request, in writing, binding arbitration. Either party may ask the Michigan Employment Relations Commission to submit a list of persons eligible to serve as arbitrators. If, within ten (10) days from the receipt of the list, the parties have not agreed on a single arbitrator, such arbitrator shall be appointed by the Michigan Employment Relations Commission. In rendering a decision, the arbitrator will confine him or herself to the terms and conditions delineated in the Agreement. The rules of the Michigan Employment Relations Commission shall prevail in the proceedings.
(e) Each party will bear the expense of its representative. The expense of the arbitration shall be equally divided between the Union and the Employer. There shall be no suspension or refusal to handle work during the negotiations or arbitration.
(f) By mutual agreement, mediation may be utilized as an intermediate step towards grievance has been filedresolution.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. 4.1 A grievance is a written allegation A. The Association, believing that there has been a violation, misinterpretationmisinterpretation or misapplication of any provision of this Agreement, may file a written grievance with the Board or misappropriation of the Agreement by the District.
4.2 A Grievant is a unit member, or the Association, filing the grievance.
4.3 A day, for the purpose of resolving a grievance, its representative. No grievance shall be a day when the schools in the District are in session, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing a written grievance, a grievant may attempt to resolve the problem by an informal conference with the immediate supervisor.
4.5 A grievance must be filed processed unless it is presented at Step 1 within thirty (30) calendar days from the alleged occurrence.
B. Within five (5) working days of the event which gave rise to the grievance.
4.6 A written grievance shall first be filed with the immediate supervisor and with the president of the Association. The written grievance shall identify the section(s) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeks.
4.7 Within ten (10) days after receipt of the grievance, the affected employee's immediate supervisor shall have met meet with the grievant and issued a decision representatives designated by the Association in writing.
4.8 If an effort to resolve the grievant is dissatisfied grievance. The affected employee may or may not be present at such meeting. If, after meeting with the decision of the immediate supervisor, or the ten (10) days have elapsed without a responseparties cannot agree, the grievant may within grievance shall be promptly transmitted to the superintendent who shall have five (5) days thereafter to approve or disapprove the grievance. If the grievance is transmitted directly to the superintendent, he/she shall have five (5) days from receipt to approve or disapprove the grievance.
C. If the grievance shall be denied in writing (Grievance Form - Appendix C) by the superintendent, the Association may, within ten (10) school days after receiving the superintendent's decision, appeal the grievance to the Superintendent.
4.9 Within ten (10) days after receipt Board of Education. The appeal shall be in writing and shall contain the reasons for the appeal, and a copy of the Superintendent shall have met with the grievant and issued a decision in writingsuperintendent's decision.
4.10 If ten D. Within thirty (1030) days have elapsed without a responsecalendar days, or at the next regular or special Board meeting for which the Agenda has not already been issued, whichever is first from receipt of grievance, the grievant mayBoard shall pass upon the grievance. The Board may hold a hearing thereon, within five (5) days request may designate one or more of its members to hold a hearing, or otherwise investigate the grievance, or prescribe such procedure as it may deem appropriate for consideration of the grievance, provided, however, that in writing that no event, except with express written consent of the Association submit Association, shall determination of the grievance to arbitrationbe made by the Board more than thirty (30) calendar days after the Board has received it. A copy of the disposition shall be furnished the Association.
4.11 Within ten (10) days of E. If the receipt of a request for arbitrationgrievance is not resolved through Steps A, B, or C, the Association may invoke binding arbitration procedures within 30 calendar days. If the parties cannot agree to the arbitrator, he shall determine if be selected by the grievance is American Arbitration Association in accordance with the rules governing arbitration proceedings. Both parties agree to be submitted to arbitration and shall so notify the District.
4.12 Within ten (10) days of a decision bound by the Association to submit a grievance to arbitration, the District and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) days, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing to the District and the Association. The remedy award of the arbitrator shall conform to and agree that the laws judgment thereon may be entered in any court of the State of California and this Agreementcompetent jurisdiction. The remedy fees and expenses of the arbitrator shall be advisory on paid by the District and the Associationlosing party.
4.14 A grievant may seek to resolve F. If any employee for whom a grievance prior is sustained with full reimbursement of all compensation lost, if he/she shall have been found to arbitration without intervention by have been improperly deprived of any compensation or advantage, the Association, provided that same or its equivalent in money shall be paid to him/her.
G. Notwithstanding the resolution is consistent with the terms expiration of this Agreement, any claim or grievance arising thereunder may be processed through the grievance procedure until resolution as long as it complies with the thirty (30) day filing limitation.
4.15 No H. Filing of any grievance shall be resolved before in no way interfere with the Association has been given right of the opportunity Employer to submit a written responseproceed in carrying out its management/responsibilities subject to the final decision of the grievance procedure. This written response In the event the alleged grievance involves an order, requirement or direction, the grievance shall fulfill or carry out such order, direction or requirement pending the final decision of the grievance procedure.
I. It shall be submitted within ten (10) the general practice of all parties in interest to process grievance procedures during times which do not interfere with the assignment of duties; provided, however, in the event it is agreed by the Board to hold proceedings during regular working days after hours, a member participating in any level of the grievance has been filedprocedure, with any representative of the Board, shall be released from assigned duties without loss of salary or time.
Appears in 1 contract
Sources: Auxiliary Contract
Grievance Procedures. 4.1 A Effective July 1, 2012, any grievance is or dispute, which may arise between the parties with respect to the applicable meaning or interpretation of a written allegation that there has been a violation, misinterpretation, or misappropriation specific provision of the Agreement by the District.
4.2 A Grievant is a unit member, or the Association, filing the grievance.
4.3 A day, for the purpose of resolving a grievancethis agreement, shall be a day when the schools settled in the District are following manner:
Step 1 The Union shall submit a grievance in session, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing a written grievance, a grievant may attempt writing to resolve the problem by an informal conference with the immediate supervisor.
4.5 A grievance must be filed supervisor of the member(s) involved ("grievant(s)") within thirty ten (3010) business days of its occurrence or after the event which gave member(s) knew or should have known of the events or condition(s) giving rise to the grievance.
4.6 A written grievance shall first be filed with the immediate supervisor and with the president of the Association. The written grievance shall identify state the section(s) specific date of this Agreement the alleged grievance, the contract provision claimed to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeks.
4.7 Within ten (10) days after receipt facts alleged in support of the grievance, the immediate remedy sought, and shall also be signed by the grievant(s). The supervisor shall have met with then attempt to adjust the grievant matter, and issued a decision shall respond in writingwriting to the Union within ten (10) business days.
4.8 Step 2 If the grievant is dissatisfied not satisfied with the decision disposition of his/her grievance in Step 1, the immediate supervisorUnion may formally file the grievance in writing with the Superintendent of Schools, or the his/her designee, within ten (10) business days have elapsed without a response, after the grievant may within five decision has been rendered at Step 1. Copies of the written decision at Step 1 shall be submitted with the Step 2 grievance. The Superintendent (5or designee) days appeal the grievance shall respond to the Superintendent.
4.9 Within Union, in writing, within ten (10) days after receipt business days.
Step 3 If the grievant is not satisfied with the disposition of the appealhis/her grievance in Step 2, the Superintendent shall have met with the grievant and issued a decision in writing.
4.10 If ten (10) days have elapsed without a response, the grievant may, within five (5) days request in writing that the Association submit the grievance to arbitration.
4.11 Within ten (10) days of the receipt of Union may formally file a request for arbitration, the Association shall determine if the grievance is to be submitted to arbitration review and shall so notify the District.
4.12 Within ten (10) days of a decision by the Association to submit a grievance to arbitration, determination with the District and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) days, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing to the District and the Association. The remedy Clerk of the arbitrator shall conform to the laws Board of the State of California and this AgreementEducation. The remedy of the arbitrator shall be advisory on the District and the Association.
4.14 A grievant may seek to resolve a Said written grievance prior to arbitration without intervention by the Association, provided that the resolution is consistent with the terms of this Agreement.
4.15 No grievance shall be resolved before the Association has been given the opportunity to submit a written response. This written response shall must be submitted within ten (10) working business days after the grievance decision has been filedrendered at Step 2. The Board shall be provided with all relevant documentation pertaining to the grievance, including the decisions rendered at Steps 1 and 2. The Board may solicit additional documents and/or oral or written presentation from the parties involved prior to making the final decision at its sole discretion. The Board shall render a final and binding decision within twenty (20) business days of the filing of the grievance with the District Clerk. All grievance procedures shall be held outside of regular working hours. The parties herewith acknowledge that said procedures shall only be applicable to violations of the CBA.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. 4.1 20.1 A grievance is a written allegation that there has been a violation, misinterpretation, or misappropriation defined as any dispute arising out of the Agreement by interpretation, application, administration or alleged violation of this Collective Agreement, and further, including any dispute as to whether the District.
4.2 A Grievant difference is a unit member, or the Association, filing the grievance.
4.3 A day, for the purpose of resolving a grievancearbitrable, shall be dealt with, without stoppage of work or refusal to perform work, as follows:
20.2 Any reference to a day when the schools in the District are in session, excluding period of days excludes Saturdays, Sundays and Summer Sessionnon-operational or holiday days.
4.4 Before filing 20.3 Step One (Initial Conflict Resolution Procedure) Such difference, hereinafter called “a written grievance”, a grievant may attempt to resolve shall first be submitted by the problem by an informal conference with the immediate supervisor.
4.5 A grievance must be filed grievor within thirty fifteen (3015) days from the date of the event which gave incident or situation giving rise to the grievance.
4.6 A written , or from the date the grievor first had knowledge of the incident, whichever is later. Such grievance shall first be filed with submitted to the immediate supervisor and with the president Superintendent of the Board, and Economic Policy Committee Chair, of the Local, of The Alberta Teachers’ Association. The written grievance superintendent and or out of scope designate shall identify the section(s) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeks.
4.7 Within ten (10) days after receipt of the grievance, the immediate supervisor shall have met meet with the grievant grievor and issued a decision in writing.
4.8 If the grievant is dissatisfied with the decision of the immediate supervisor, or the ten (10) days have elapsed without a response, the grievant may Association representative within five (5) days appeal the grievance to the Superintendent.
4.9 Within ten (10) days after receipt of the appeal, the Superintendent shall have met with the grievant and issued a decision in writing.
4.10 If ten (10) days have elapsed without a response, the grievant may, within five (5) days request in writing that the Association submit the grievance to arbitration.
4.11 Within ten (10) days of the receipt submission of the grievance, should the grievor request a request for arbitrationmeeting. The Superintendent will provide a response to the grievor, in writing, with a copy to the Economic Policy Chair of the Local of The Alberta Teachers’ Association shall determine if the grievance is to be submitted to arbitration and shall so notify the District.
4.12 Within within a further ten (10) days of a the meeting or submission of the grievance, as applicable.
20.4 Step Two (Grievance procedure) If the grievor is not satisfied with the disposition of the grievance, or if no decision by the Association to submit a grievance to arbitration, the District and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) days, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing to the District and the Association. The remedy of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the Association.
4.14 A grievant may seek to resolve a grievance prior to arbitration without intervention by the Association, provided that the resolution is consistent with the terms of this Agreement.
4.15 No grievance shall be resolved before the Association has been given the opportunity to submit a written response. This written response shall be submitted rendered within ten (10) working days after the presentation of the grievance has to the Superintendent, the grievor shall file the grievance in writing to the Superintendent of the Board and Economic Policy Chair of the Local of The Alberta Teachers’ Association. Such submission shall be made within fifteen (15) days after the grievor receives the written outcome. Such submission shall set out the particulars regarding the nature of the grievance, the articles of this agreement which it is alleged to have been filedviolated, and the remedy sought.
20.4.1 On notice of a grievance, the Superintendent and Chair of the EPC shall strike a grievance committee consisting of three (3) members of the Board and three (3) representatives of the Association to interpret, consider and render a decision as to the disposition of the grievance. The Superintendent and Chair of the EPC will set a meeting date for the committee within ten (10) days and the committee shall give its decision within twenty-one (21) days following the receipt of the grievance. If the decision cannot be rendered in that time, the Chairperson of the grievance committee shall notify the grievor in writing of the reasons for any delay in disposing of the grievance.
20.4.2 A quorum of the grievance committee shall consist of all members. The grievance committee shall meet and select a chairperson from its membership. The grievance committee shall endeavour to resolve the grievance 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.
20.5 Step Three (Arbitration Procedure) If the grievance committee does not reach a unanimous or any decision, either party may, by written notice served on the other party within ten (10) days after the date on which the committee voted on the disposition of the grievance or within ten (10) days after the expiration of the said period of twenty-one (21) days, whichever is shorter, require the establishment of an Arbitration Board as hereinafter provided. If such notice is not served within the time limit, the grievance shall be deemed to be at an end. The parties may by mutual agreement, consent to postpone the hearings of the Arbitration Board.
20.5.1 Each party shall appoint one (1) member as its representative on the Arbitration Board within seven (7) days of such notice and the two (2) members so appointed will endeavour to select an independent Chairperson. If the two (2) members fail to select a Chairperson within seven (7) days, either party may request the Director of Mediation Services, Alberta Labour, to select a Chairperson.
20.5.2 The Arbitration Board shall determine its own procedures but shall give full opportunity to all parties to present evidence and to be heard.
20.5.3 The Arbitration Board shall not change, modify or alter any of the terms of this agreement. All grievances or differences submitted shall present an arbitrable issue under this agreement, and shall not depend on or involve an issue or contention by either party that is contrary to any provisions of this agreement or that involves the determination of a subject matter not covered by, or arising during the term of this agreement.
20.5.4 The Arbitration Board shall give its decisions not later than fourteen (14) days after the appointment of the Chairperson, except that with the consent of the Association and Board, such limitation of time may be extended. The findings and decisions of a majority (two out of three) of the members of an Arbitration Board shall be binding on the parties.
20.5.5 Each party to the grievance shall bear the expense of its respective nominee and the two (2) parties shall bear equally the expense of the Chairperson.
20.6 The purpose of the grievance provisions is to ensure that any grievance is processed in an expeditious manner; with due diligence for fair representation of both parties, therefore, compliance of the provisions is mandatory. If the Board (employer) fails to comply with the provisions, the grievance may be processed to the next step. If the grievor fails to comply with the provisions, the grievance shall be considered abandoned.
Appears in 1 contract
Sources: Collective Agreement
Grievance Procedures. 4.1 A. A grievance is claim by a written allegation Teacher or the Association that there has been a violation, misinterpretation, violation or misappropriation misapplication of the any provision of this Agreement by the Districtmay be processed as a grievance as hereinafter provided.
4.2 A Grievant B. It is the intent of this Article to establish a unit member, or means for prompt adjustment of a grievance at the Association, filing the grievance.
4.3 A day, for the purpose of resolving a grievance, shall be a day when the schools in the District are in session, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing a written grievance, a grievant may attempt to resolve the problem by an informal conference school level with the Teacher and the immediate supervisor.
4.5 Supervisor. A grievance must be filed Teacher with a complaint shall, within thirty (30) calendar days of alleged violation or misapplication, first state his/her complaint to his/her immediate Supervisor. If, at the event which gave rise to end of fourteen (14) calendar days, the grievanceproblem is not satisfactorily settled, the grievance procedure may be implemented within the succeeding fourteen (14) calendar days.
4.6 A Step 1. The signed written grievance shall first be filed presented to the Superintendent with copies to the immediate supervisor and with the president Association. Within seven (7) calendar days, a meeting will be held among the aggrieved Teacher, the Association representative, and the Superintendent. If an agreement is reached, written copies of the Associationdisposition shall be furnished to the parties involved. If no agreement is reached, then, within seven (7) calendar days.
Step 2. The written grievance shall identify be submitted to the section(s) Board of this Agreement alleged Education for a hearing. Said hearing is to have been violated, misinterpreted or misapplied. It shall specify take place at the remedy which the grievant seeks.
4.7 Within ten (10) days first regularly scheduled Board of Education meeting after receipt of the grievance, the immediate supervisor shall unless time lines have met with the grievant and issued a decision been changed by mutual agreement as provided in writing.
4.8 paragraph D of this article. If the grievant no agreement is dissatisfied with the decision of the immediate supervisor, or the ten reached within seven (107) days have elapsed without a response, the grievant may within five (5) days appeal the grievance to the Superintendent.
4.9 Within ten (10) calendar days after receipt of the appealfirst regular Board meeting following the hearing, the Superintendent shall have met with the grievant and issued a decision in writing.
4.10 If ten (10) days have elapsed without a response, the grievant maythen, within five fourteen (514) days request in writing that the Association submit the calendar days:
Step 3. The grievance to arbitration.
4.11 Within ten (10) days of the receipt of a request for arbitration, the Association shall determine if the grievance is to may be submitted to arbitration and shall so notify the District.
4.12 Within ten (10) days of a decision by the Association to submit a grievance to arbitration, the District and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) days, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing to the District and the Association. The remedy Arbitrator will be selected according to the rules and procedures of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the American Arbitration Association.
4.14 A grievant may seek to resolve a grievance prior to arbitration without intervention by the Association1. He/she shall have no power to: establish salary structure, provided that the resolution is consistent with the add to, subtract from, disregard, alter or modify any terms of this Agreement.
4.15 No grievance 2. He/she shall have no power to rule on any matters regarding: termination or failure to re-employ probationary Teachers, placing Teachers on third-year probation, and the evaluation appraisal.
3. He/she shall have no power to change any practice, policy, or rule of the Board nor limit the authority of the Board, regarding any such matters or action taken by the Board. The Arbitrator shall have power to rule that a practice, policy or rule of the Board is in violation of the Agreement. Then Article XII, Section D., will take precedence.
4. He/she shall have no power to rule on any claim or complaint for which there is a remedial procedure or course established by law or by regulation having the force of law, including any matter subject to the procedures specified in the Teacher's Tenure Act (Act IV Public Acts, extra session, of 1937 of Michigan as amended).
5. The decision of the Arbitrator will be binding on both parties.
C. The fees and expenses of the Arbitrator shall be resolved before shared equally by the Association has been given and the opportunity to submit a written response. This written response Board.
D. The time limits provided in the Article shall be submitted within ten (10) working days strictly observed, but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship of any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.
E. No reprisals of any kind shall be taken by either party against any party in interest.
F. All documents, communications and records dealing with the processing of a grievance will be filed separately from the personnel files of the participants.
G. Forms for filing grievances will be as that appearing in Appendix 4 A and 4 B.
H. Every effort shall be made to avoid interruption of classroom activities and to avoid the involvement of pupils in all phases of the grievance has been filedprocedure.
I. The District will, upon request, provide the Association with pertinent records which may be required by the Association to process grievances under this Agreement.
J. Nothing contained herein will deprive any Teacher of any legal right which he/she presently has, provided that if a Teacher elects to pursue any legal or statutory remedy such election will bar any further or subsequent proceedings for relief under the provisions of this Article.
K. The Association on behalf of a group or class of Teachers may initiate the grievance procedure at Step 1.
Appears in 1 contract
Sources: Master Agreement
Grievance Procedures. 4.1 A. A grievance is shall mean a written allegation that there has been a violation, misinterpretationcomplaint by an employee in the Bargaining Unit, or misappropriation by a group of the Agreement employees, or by the District.
4.2 A Grievant is a unit memberUnion on its own behalf, or the Association, filing the grievance.
4.3 A day, for the purpose concerning any alleged violation of resolving a grievance, this Agreement. All grievances shall be a day when settled in conformity with the schools in following grievance procedures:
B. Step One
1. Prior to the District are in session, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing of a written grievance, but no later than three (3) working days after the cause of the grievance, or the grievant knew of the cause or should have known the cause, the grievant, with or without a grievant may attempt to resolve representative of the problem by an informal conference Union, shall meet with the immediate appropriate supervisor in whose area the grievance arose to discuss the matter with the object of conflict resolution. The supervisor shall make a written disposition within three (3) working days. Within three (3) working days after the written decision of the supervisor, the appropriate administrator shall review and sign the grievance before moving to Step Two.
2. If the grievance remains unresolved after discussion, the Union may submit a typewritten or printed grievance not later than ten (10) working days after the grievant’s knowledge that a grievance exists. A copy of the written grievance shall be dated and signed by the grievant and/or Union representative and submitted by the Union to the supervisor with whom the grievance has been discussed along with any attachment which the Union deems relevant to the case. In no event shall the Grievance Procedure be invoked for a grievance based on this Agreement later than the formal expiration of this Agreement.
3. Within five (5) working days after the grievance was presented to him, the supervisor shall communicate his decision in writing to the Union.
C. Step Two
1. If the grievance remains unresolved after Step One, the Union may submit the grievance to the Manager of Labor Relations within five (5) working days after receipt of the grievance answer from the supervisor.
4.5 A grievance must be filed within thirty 2. Within fifteen (3015) working days after receipt of the event which gave rise written grievance from the Union, the Manager of Labor Relations shall arrange and hold a fact-finding meeting concerning the grievance with the Bargaining Committee of the Union. At this meeting, the parties shall exchange all relevant documents, names of witnesses and other information to set forth all known facts regarding the grievance under discussion.
3. Within five (5) working days after this fact-finding meeting, the Manager of Labor Relations, or his designee, shall communicate his decision in writing, including a written explanation thereof, to the grievanceUnion. The Manager of Labor Relations shall date and sign the grievance disposition.
4.6 A written D. Step Three
1. If the grievance remains unresolved after Step Two of the Grievance Procedure, the Union shall first be filed request a hearing with the immediate supervisor Manager of Labor Relations within five (5) working days after receipt of the grievance answer from the Manager in order to discuss the grievance further.
2. At this hearing, both parties again shall set forth all known facts regarding the grievance(s) under discussion. Within fifteen (15) working days after the receipt of the request for an additional hearing, the Manager of Labor Relations shall arrange and hold a pre- arbitration hearing with the president of Union President, Financial Secretary, Bargaining Chairperson, and the Association. The written grievance shall identify the section(s) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeksInternational Representative.
4.7 3. Within ten (10) working days after this hearing, the Manager of Labor Relations shall communicate his decision in writing to the Union.
E. Step Four
1. If the grievance remains unresolved after Step Three of the Grievance Procedure, the Union may submit the grievance to arbitration. Official written notice of the desire for arbitration shall be submitted to the Manager of Labor Relations no later than ten (10) working days after receipt of the grievance, grievance answer from the immediate supervisor shall have met with the grievant and issued a decision Manager in writingStep Three.
4.8 If 2. The arbitration proceedings shall be conducted under the grievant is dissatisfied with the decision rules of the immediate supervisor, or the ten (10) days have elapsed without a response, the grievant may within five (5) days appeal the grievance to the Superintendent.
4.9 Within ten (10) days after receipt of the appeal, the Superintendent shall have met with the grievant and issued a decision in writing.
4.10 If ten (10) days have elapsed without a response, the grievant may, within five (5) days request in writing that the American Arbitration Association submit the grievance to arbitration.
4.11 Within ten (10) days of the receipt of a request for arbitration, the Association shall determine if the grievance is by an arbitrator to be submitted to arbitration and shall so notify the District.
4.12 Within ten (10) days of a decision selected by the Association to submit a grievance to arbitration, the District Employer and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after five (5) days, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing to the District and the Association. The remedy of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the Association.
4.14 A grievant may seek to resolve a grievance prior to arbitration without intervention by the Association, provided that the resolution is consistent with the terms of this Agreement.
4.15 No grievance shall be resolved before the Association has been given the opportunity to submit a written response. This written response shall be submitted Union within ten (10) working days after notice of the grievance desire for arbitration has been filedreceived by the Manager of Labor Relations. If the parties cannot agree upon an arbitrator, they shall request the Michigan Employment Relations Commission to provide a list of five (5) arbitrators. Both the Employer and the Union shall strike two (2) names from the list, taking turns to strike one name at a time. The Employer and the Union shall strike the first name for the first grievance submitted to arbitrate under this Agreement.
3. The arbitrator shall hear the matter promptly and shall issue his decision not later than thirty- (30) days from the close of the hearings.
4. The fees and expenses of the arbitrator shall be shared equally by the Employer and the Union. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other.
5. The decision and award of the arbitrator shall be in writing and shall set forth his opinions and conclusions on the issues submitted to him.
6. The decision and award of the arbitrator, if made in accordance with his jurisdiction and authority under this Agreement, shall be accepted as final by the Employer, the Union, and the employee or employees involved.
7. Nothing in the foregoing shall be construed to empower the arbitrator to make any decision amending, changing, subtracting from, or adding to the provisions of this Agreement.
Appears in 1 contract
Sources: Master Agreement
Grievance Procedures. 4.1 A Step 1. If a complaint that falls within the definition of a grievance is a written allegation that there has been a violationnot satisfactorily resolved in informal discussions, misinterpretation, or misappropriation of the Agreement by the District.
4.2 A Grievant is a unit member, or the Association, filing the grievance.
4.3 A day, for the purpose of resolving a grievance, shall be a day when the schools in the District are in session, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing a written grievance, a grievant may attempt to resolve the problem by an informal conference with the immediate supervisor.
4.5 A grievance must be filed within thirty (30) days of the event which gave rise to the grievance.
4.6 A written grievance shall first be filed with the immediate supervisor and with the president of the Association. The written grievance shall identify the section(s) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeks.
4.7 Within ten (10) days after receipt of the grievance, the immediate supervisor shall have met with the grievant and issued a decision in writing.
4.8 If the grievant is dissatisfied with the decision of the immediate supervisor, or the ten (10) days have elapsed without a response, the grievant may within if five (5) days appeal the grievance to the Superintendent.
4.9 Within ten (10) days after receipt of the appeal, the Superintendent shall have met with the grievant and issued a decision in writing.
4.10 If ten (10) working days have elapsed without since the complaint was presented, a response, grievance may be filed on the grievant may, within five (5) days request in writing that the Association submit the official grievance to arbitration.
4.11 Within ten (10) days of the receipt of a request for arbitration, the Association shall determine if the grievance is to be submitted to arbitration and shall so notify the District.
4.12 Within ten (10) days of a decision form supplied by the Association to submit a grievance to arbitration, the District and the Association shall choose a mutually acceptable arbitratorAdministration. If no choice has been made after five (5) days, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing to the District and the Association. The remedy of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the Association.
4.14 A grievant may seek to resolve a grievance prior to arbitration without intervention by the Association, provided that the resolution is consistent with the terms of this Agreement.
4.15 No grievance shall be resolved before the Association has been given the opportunity to submit a written response. This written response shall be entertained or processed unless it is submitted within ten twenty (1020) working days after the faculty member, through the use of reasonable diligence, should have obtained knowledge of the first occurrence of the event giving rise to the grievance. The written complaint--signed by both the faculty member and the Chapter grievance representative on the campus, in individual faculty grievance (or signed alone by the Chapter grievance representative on the campus, in case of Chapter grievance)-shall set forth the nature of the problem, the facts on which it is based, the alleged violation, and the relief requested. In the event that the faculty member elects to file a charge without the intervention of the Chapter grievance representative, the Administration will immediately notify the Chapter grievance representative that a grievance charge has been filedfiled and will supply the representative with a copy of the charge. No representative of the Administration will meet with the faculty member without first affording reasonable opportunity for the Chapter representative to be present at such meeting. The written grievance will be submitted by the complainant to the appropriate administrative director, ▇▇▇▇ or ▇▇▇▇▇▇▇. A written decision will be made and forwarded to the complainant within three (3) working days of receipt of the formal grievance, and a copy of the same shall at that time be supplied to the Chapter grievance representative. If the decision of the administrative director, ▇▇▇▇ or ▇▇▇▇▇▇▇ is not satisfactory, the grievance will be taken to Step 2.
Step 2. All written materials from Steps 1 will be submitted to the appropriate vice president or designee. This appeal will be filed within three (3) working days of receipt of an unsatisfactory written decision from the last appeal. The appropriate vice president or designee will give a written decision within three (3) working days of receipt of the grievance and file. A copy will also be sent to the Chapter grievance representative. If the complainant is not satisfied with the decision, Step 3 will be taken.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. 4.1 12.1 A grievance is “grievance” shall be defined as a written allegation that there has been a violation, misinterpretation, complaint of one or misappropriation more Employees or the Union arising between the parties hereto under or out of the Agreement by the District.
4.2 A Grievant is a unit memberthis Agreement, or the Associationinterpretation, filing application, performance, termination or any alleged breach thereof, and should be processed and disposed of in the grievancefollowing manner.
4.3 Step 1 Within seven (7) calendar days (except as provided in Article 11 - Discharge and Penalties), an Employee having a grievance and/or his or her Union delegate shall take it up with his or her immediate supervisor. The Employer shall give an answer to the Employee and/or Union delegate within forty-eight (48) hours after the presentation of the grievance in Step 1.
Step 2 If the grievance is not settled in Step 1, the grievance may, within seven (7) calendar days after the answer in Step 1, be presented in Step 2. The grievances shall be reduced to writing, signed by the grievant and/or his or her Union representative or delegate and presented to the department head. A day, for the purpose of resolving a grievancegrievance so presented in Step 2, shall be a day when answered by the schools Employer in the District are in session, excluding Saturdays, Sundays and Summer Session.
4.4 Before filing a written grievance, a grievant may attempt to resolve the problem by an informal conference with the immediate supervisor.
4.5 A grievance must be filed within thirty (30) days of the event which gave rise to the grievance.
4.6 A written grievance shall first be filed with the immediate supervisor and with the president of the Association. The written grievance shall identify the section(s) of this Agreement alleged to have been violated, misinterpreted or misapplied. It shall specify the remedy which the grievant seeks.
4.7 Within ten (10) days after receipt of the grievance, the immediate supervisor shall have met with the grievant and issued a decision in writing.
4.8 If the grievant is dissatisfied with the decision of the immediate supervisor, or the ten (10) days have elapsed without a response, the grievant may writing within five (5) working days appeal after its presentation.
Step 3 If the grievance to the Superintendent.
4.9 Within ten (10) days after receipt of the appealis not settled in Step 2, the Superintendent shall have met with the grievant and issued a decision in writing.
4.10 If ten (10) days have elapsed without a response, the grievant grievance may, within five (5) working days request after the answer in Step 2, be presented in Step 3. A grievance shall be presented in this Step to the Employer’s Home Administrator or representative designated by the Employer, or his/her designee; and the Home Administrator or his or her designees shall render a decision in writing that the Association submit the grievance to arbitration.
4.11 Within ten (10) days of the receipt of a request for arbitration, the Association shall determine if the grievance is to be submitted to arbitration and shall so notify the District.
4.12 Within ten (10) days of a decision by the Association to submit a grievance to arbitration, the District and the Association shall choose a mutually acceptable arbitrator. If no choice has been made after within five (5) days, the parties shall request the California Conciliation Service to supply a list of five (5) persons who are experienced in public school arbitration. The District and the Association shall alternately strike a name from the list until only one remains. The order of striking shall be determined by lot.
4.13 Upon completion of a hearing, the arbitrator shall issue findings and a remedy in writing to the District and the Association. The remedy of the arbitrator shall conform to the laws of the State of California and this Agreement. The remedy of the arbitrator shall be advisory on the District and the Association.
4.14 A grievant may seek to resolve a grievance prior to arbitration without intervention by the Association, provided that the resolution is consistent with the terms of this Agreement.
4.15 No grievance shall be resolved before the Association has been given the opportunity to submit a written response. This written response shall be submitted within ten (10) working days after the presentation of the grievance has been filedin this Step. Voluntary Step 4 If the grievance is not settled in Step 3, the grievance may, within five (5) working days after the answer in Step 3, be presented in Step 4. A grievance shall be presented in this step to the Federal Mediation and Conciliation Service; and a federal mediator shall, as soon as reasonably practicable, attempt to resolve the grievance through voluntary mediation with the parties. For the avoidance of doubt, Step 4 is a voluntary step, meaning that any grievance that is not settled in Step 3 may either be presented in Step 4 or referred to arbitration in accordance with the procedures set forth under Article 13 of this Agreement. If a grievance that is not settled in Step 3 is presented in Step 4, the right of the Union or the Employer, as appropriate, to refer the grievance to arbitration in accordance with the procedures set forth under Article 13 of this Agreement shall be held in abeyance during the pendency of any mediation conducted under Step 4.
12.2 Failure on the part of the Employer to answer a grievance at any Step shall not be deemed acquiescence thereto, and the Union may proceed to the next Step.
12.3 Anything to the contrary notwithstanding, a grievance concerning a discharge or suspension may be presented initially at Step 3 in the first instance, within the time limit specified above.
12.4 All time limits herein specified ending on a Saturday, Sunday or holiday shall be extended to the next business weekday.
12.5 A grievance which affects a substantial number or class of Employees, and which the Employer representative designated in Steps 1 and 2 lacks authority to settle, may initial be presented at Step 3 by the Union representative.
12.6 The Employer shall have the right to file a grievance under this Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement