Grievances. SECTION 1 For the purposes of this Agreement, a grievance shall be defined as: Any complaint by a teacher covered by this Agreement that: (1) the teacher has been subject to a violation, inequitable application, or misinterpretation of a specific provision of this Agreement, or (2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice. SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure. SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present. SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance. SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure. SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. The Superintendent or designee will respond in writing within ten (10) days of the Level Two meeting. SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance. SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties. SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable. SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Grievances. SECTION 1 For the purposes purpose of this Agreement, a grievance shall be defined as: Any complaint by a teacher nurse covered by this the Agreement that:
that (1) the teacher he/she has been subject to a violation, inequitable application, application or misinterpretation of a specific provision of this Agreement, or
Agreement or (2) the teacher he/she has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 Section 2. The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise arise, affecting the welfare or working conditions of teachersnurses. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure. Consultation between the Association and the superintendent is encouraged as a means of resolving problems.
SECTION 3 Section 3. Nothing herein contained will be construed as limiting the right of any teacher nurse having a grievance to discuss the matter informally with an any appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one Level One and to state its views. If the teacher nurse so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not presentLevel One.
SECTION 4 Section 4. No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham Winthrop for any teacher nurse involved in presenting such grievance.
SECTION 5 Section 5. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by prior mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, misunderstanding or difference between the parties arising out of the acts which occurred prior to the execution to of this Agreement shall be submitted to the Committee under the provisions provision of this Article. It is understood that any grievances grievance pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 Section 6. If at the end of twenty (20) the fifteen days next following either the occurrence of any grievance or the date when the teacher nurse should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. The Superintendent or designee will respond in writing within ten (10) days of the Such time limit may be extended by mutual agreement. Level Two meeting.
SECTION 7 If there is 1. A nurse with a grievance which directly affects a group will first discuss it with his/her principal or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievanceimmediate supervisor during non-teaching hours.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievances. SECTION 1 For (a) It is the purposes mutual desire of the Employer and the Union that all complaints and grievances shall be resolved as quickly as possible. The parties also agree that it is desirable to resolve differences amicably and informally if possible, and that Employees and Supervisors should try to do so before matters become formal grievances.
(b) All meetings at which grievances are processed shall be held in camera.
(c) Employees who are covered by this Agreement, a Agreement shall be required to follow the procedures laid down in this Article and any Employee who appeals directly to any Trustee or official of the Employer shall thereby forfeit all rights under this Article.
(d) A grievance shall be defined as: Any complaint by a teacher covered by this Agreement that:
(1) the teacher has been subject to a violation, inequitable application, or misinterpretation of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties differences arising out of the acts which occurred prior interpretation, application, administration or alleged violation of the Collective Agreement including any question as to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. whether a matter is arbitrable.
(e) It is understood that any grievances pending the same person will not hear the grievance at the conclusion more than one step of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at (f) A copy of all grievance replies shall be forwarded to the end Executive Superintendent of twenty (20) days next following either the occurrence of any grievance Human Resources Services or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is laterhis/her designate, the President and Chief ▇▇▇▇▇▇▇ of the Union at all steps.
(g) Nothing in this Article precludes the parties from mutually agreeing to grievance mediation during any stage of the grievance procedure. The Agreement shall not have been presented at Level Onebe made in writing and stipulate the name of the person and time for grievance mediation to occur. The Parties will jointly, as set forth belowin equal shares, bear the expenses of the Mediator.
(a) In the event of a grievance by an Employee, the grievance Employee shall be deemed to have been waived. The Superintendent or designee will respond in writing take the matter up with the Employer within and not after ten (10) working days after the Employee became aware of the incident or circumstances giving rise to the grievance. The grievor is entitled to be present at all steps in the Grievance Procedure.
(b) A policy grievance or group grievance shall be taken up within and not after ten (10) working days of the Level Two meetingUnion/Employee(s) becoming aware of the incident or circumstances giving rise to the grievance. A grievance filed by a group of Employees or a policy grievance of the Union shall be taken up at Step 2 of the Grievance Procedure.
SECTION 7 If there is (c) A grievance concerning a layoff by reason of a redundancy in the work force may be taken up at Step 3 of the Grievance Procedure.
(d) A grievance which directly affects does not involve the immediate supervisor may be taken up at Step 2 of the Grievance Procedure.
12.03 The following procedure shall be adhered to in processing grievances, save as otherwise provided in this Article:
STEP 1 The Employee shall take the matter up with the Employee’s immediate Supervisor. The Employee may, if desired, be accompanied by a group or class of teachers or is of a general nature, the Association may submit such a grievance Union ▇▇▇▇▇▇▇. The immediate Supervisor shall have three (3) working days within which to reply in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance STEP 2 If the Step 1 reply is not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken satisfactory to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interestEmployee, the time limits set forth herein will be reduced so that ▇▇▇▇▇▇▇ or the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee willChief ▇▇▇▇▇▇▇/Deputy Chief ▇▇▇▇▇▇▇ may, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.within and not after ten
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Grievances. SECTION 1 Section 1. For the purposes of this Agreement, a grievance shall be defined as: Any complaint by a teacher an employee in the unit covered by this Agreement that:
agreement that (1) the teacher he has been subject to a violation, inequitable application, application or misinterpretation of a specific provision of this Agreement, or
Agreement or (2) the teacher he has been subjected to an unfair or discriminatory act contrary to established policy and practice. A "party in interest" is the person or persons making the claim and any person who might be required to take action or against whom action might be taken in order to resolve the claim.
SECTION 2 Section 2. The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems problems, which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure. Whenever a grievance is concerned directly with the School Committee or the Superintendent, the aggrieved person may initiate said grievance at Level 2. The grievance shall be returned to Level 1 if so decided at Level 2 or Level 3.
SECTION 3 Nothing herein contained Section 3. All documents, communications, and records dealing with the processing of a grievance will be construed as limiting filed separately from the personnel files of the participants.
Section 4. Each employee shall have the right to bring matters of personal concern or grievances as herein defined later to the attention of appropriate officials. Nothing contained in this Agreement shall be construed to prevent any teacher or group of teachers not acting on behalf of any teacher having a grievance to discuss employee organization or representing anyone but themselves from at any time discussing any problems with any of their supervisors, the matter informally with an appropriate member School Committee, or other representatives of the administration and to have School Committee without the grievance adjusted without intervention previous consent of the Association, provided nor shall any action taken by said supervisors, School Committee or its representative as a result of such discussion be the adjustment subject of a grievance or otherwise legally contested by said Association unless such action is not inconsistent with the terms in specific and direct contravention of a specific provision of this Agreement Agreement. The Association will be notified and have the right to attend any such session above the level of Principal. Any teacher covered by this contract may present individually his grievance without representation by the Association; provided, however, that with respect to any grievance above ▇▇▇▇▇ ▇, the Association has been shall be given timely notice of the grievance's presentation at such steps and shall have opportunity to be heard on the grievance before its disposition if the Association shall, within the five (5) days following receipt of such notice, advise the Superintendent of its desire to be so heard.
Section 5. Any party in interest may be represented at all stages of the grievance procedure by a person of his own choosing except that he may not be represented by a representative or an officer of any teacher organization other than the Association or its affiliates. When a teacher is not represented by the Association, the Association shall have the right to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative views at all stages of the Association may be present grievance procedure, except at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not presentLevel 1.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Section 6. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, maximum and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by prior mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, misunderstanding or difference between the parties arising out of the acts which occurred prior to the execution to of this Agreement agreement shall be submitted to the Committee under the provisions provision of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If Section 7. If, at the end of twenty the fifteen (2015) school days next following either the occurrence of any grievance grievance, (or the date when the teacher should reasonably have had first knowledge of its such occurrence, whichever is later, ) the grievance shall not have been presented in writing at Level One1, as set forth below, the grievance shall be deemed to have been waived; and any such grievance in course under such procedure shall also be deemed to have been waived if the action required to present it to the next level in the procedure shall not have been taken within the time specified thereof in this Article.
Section 8. The Superintendent Subject to the foregoing, all grievances must be processed in accordance with the steps, time limits, and conditions set forth below:
Level 1. A teacher with a grievance shall first discuss it with his principal or designee will respond immediate supervisor with the object of resolving the matter informally.
Level 2. If the teacher is not satisfied with the disposition of his grievance at Level 1 or if no decision has been rendered within five (5) school days after presentation of the grievance, he may submit the grievance in writing simultaneously with the Superintendent of Schools and with the President of the Association within ten (10) days of after the decision at Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group 1 or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing ten (10) school days after the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appealwas initially presented, whichever is sooner. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.Within ten
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievances. SECTION Section 1 For the purposes of this Agreement, a grievance shall be defined as: Any complaint by a teacher covered by this Agreement that:
(1) the teacher has been subject to a violation, inequitable application, or misinterpretation as an alleged violation of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION Section 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems alleged grievances, which may from time to time arise affecting the welfare or working conditions of teachersarise. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION Section 3 All documents, communications, and records dealing with the processing of a grievance will be filed separately from the personnel file of the participants.
Section 4 Nothing herein contained will shall be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an any appropriate member of the administration Administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one Level 1 and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant Level 1.
Section 5 Any party in interest (i.e., the person or persons, including the Association, making the claim and any person who might be required to take action or against whom action might be taken to resolve the claim) may be represented at all stages of the grievance procedure by a person of the teacher's own choosing, except that the teacher may not elect to have anyone be represented by a representative or an officer of any teacher organization other than the exclusive bargaining representative Association or its affiliates. When a teacher is not represented by the Association, the Association shall have the right to be present or and to represent him/her during the grievance/arbitration procedure without the express written consent state its views at all stages of the Association. The Association must be notified of the outcome of any level one grievance procedure except at which an Association representative is not presentLevel 1.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Section 6 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by prior mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between any matter in the parties arising out process of being grieved at the time this Agreement is signed shall continue to be processed and settled in conformity with the procedures and terms of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedureprevious Agreement.
SECTION 6 If Section 7 If, at the end of twenty ten (2010) school days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is latergrievance, the grievance shall not have been presented in writing at Level One, as One set forth below, the grievance shall be deemed to have been waived. The Superintendent or designee will respond in writing within ten (10) days of the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a and any grievance in writing directly course under such procedure shall also be deemed to have been waived if the action required to present it to the next level of administration having in the appropriate authority to resolve said grievance.
SECTION 8 A grievance procedure shall not initiated have taken place within the time specified shall therefore in this Article.
Section 8 The Association, through its officers, may initiate action on behalf of a group of grievants.
Section 9 No reprisals of any kind will be deemed waived. Failure taken by the Superintendent or by any member of the teacher filing the administration against any party of interest, any school representative, or any other participants in a grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis by reason of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken such participation.
Section 10 Subject to the next step immediately. The above limitations may foregoing, all grievances must be waived by mutual agreement of processed in accordance with the parties.
SECTION 9 In the event a grievance is filed on or after June l whichsteps, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interesttime limits, the time limits and conditions set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicablebelow.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievances. SECTION 1 For the purposes of this Agreement, a grievance Any Complaint alleging Discrimination or Harassment shall be defined as: pursuant to Board Rule 4001.2 as it existed on July 10, 2019. Any complaint by a teacher amendments to Board Rule 4001.2 which occurs after July 10, 2019 will be submitted to the Union for approval prior to implementation for employees covered by this Agreement. Any other grievance, complaint, disagreement or difference of opinion between the District, the Union or the employees covered by the Agreement that:
(1) the teacher has been subject to a violation, inequitable application, or misinterpretation concerning application of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement will be processed using the following grievance procedure:
(A) Any Employee or the Union may present a Grievance. Any Grievance which is not presented within fifteen (15) days following the event giving rise to such a Grievance shall be forfeited and that waived by the Association has been given aggrieved party. The grievance form shall state the opportunity name of every employee authorizing the filing of the grievance, and all grievances shall be signed by at least one aggrieved employee. An aggrieved employee shall have the right to be present at such adjustment above level one and a Union Representative appointed by the Union.
(B) The grievant shall first take up the Grievance by presenting it in writing to state its viewstheir immediate supervisor or designee. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative Grievance is not presentsatisfactorily adjusted with five (5) days from the meeting with the supervisor, the Employee or the Union representative shall present the grievance in writing to the Chief Financial Officer or his or her designated representative.
SECTION 4 No written communication, other document, (C) The Chief Financial Officer or record relating to any grievance his or her designated representative shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. The Superintendent or designee will respond in writing within ten (10) days of from the Level Two meetingday it was received, make a determination and submit the determination to the aggrieved party in writing.
SECTION 7 If there is (D) Each party reserves the right to litigate a grievance which directly affects a group or class question presented by the Grievance by bringing an original action in any court of teachers or is of a general nature, competent jurisdiction in the Association may submit event such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and party shall not be eligible for further appeal. Failure satisfied with the resolution of the School Committee Grievance. However, no such litigation may be maintained until all available steps under this grievance procedure have been pursued and exhausted. It is understood and agree to answer an appeal within between the time limit specified shall mean parties that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement role of the parties.
SECTION 9 In the event a grievance is filed on Chief Financial Officer or after June l which, if left unresolved until the beginning of the following school year could result his or her designee in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior is not an exercise of a judicial or quasi-judicial function, but solely as a means to allow the end of the school year or as soon thereafter as is practicableparties to resolve disputes informally.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement(E) Definitions: Days shall mean calendar days.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievances. SECTION 1 For the purposes of this Agreement, a grievance shall be defined as: Any complaint by a teacher covered by this Agreement that:
(1) the teacher has been subject to a violation, inequitable application, or misinterpretation of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or should a difference arise between the parties arising out Board and any of the acts which occurred prior its employees as to the execution to this Agreement shall be submitted to the Committee under application of the provisions of this Articleagreement, there shall be no stoppage or suspension of work because of such grievance.
Step 1. It is understood that any grievances pending at A HESPA, MEA/NEA employee with a complaint shall discuss it with his/her immediate supervisor, principal, or superintendent within five (5) working days after the conclusion occurrence of the contract will remain operative alleged grievance.
Step 2. Any HESPA, MEA/NEA employee having a complaint of occurrence in the subsequent contract period unless settled interpretation or application of this Agreement may present in negotiationswriting his/her grievance individually or with the aid of his/her HESPA, MEA/NEA representative to his/her principal or immediate superior within ten (10) working days of said occurrence. A teacher may contact the Association at any time prior to or during The grievance form is attached as Appendix B. The administrator with whom the grievance procedurehas been filed shall within five (5) working days give an answer in writing to the grievance. The written grievance, as contemplated by this paragraph, shall be specific and contain a statement of the fact upon which the grievance is based and shall refer to the articles and sections of the Agreement which have been allegedly misinterpreted or violated and shall state the relief requested, and must further bear the name of and be signed by the employee or employees involved.
SECTION 6 Step 3. In the event the aggrieved person is not satisfied, he/she shall transmit the grievance in writing to the Superintendent within ten (10) working days who shall have ten (10) working days from receipt to approve or disapprove it. The aggrieved person has a right to a hearing with the HESPA, MEA/NEA representative present. If at the end grievance is denied by the Superintendent, within ten (10) working days the grievance shall be transmitted to the secretary of the Board if the aggrieved person so requests with a statement of the reasons why it is being disapproved.
Step 4. Within twenty (20) days next following either of the occurrence receipt of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is latergrievance, the grievance Board or a committee of the Board shall not have been presented at Level Oneconsider the grievance. The aggrieved person has a right to a hearing with the HESPA, MEA/NEA representative present. The Board shall prescribe such procedures as set forth belowit may deem appropriate, provided, however, that in no event, except with express written consent of the HESPA, MEA/NEA shall final determination of the grievance shall be deemed to have been waived. The Superintendent or designee will respond in writing within ten (10) days of made by the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.Board more than twenty
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Grievances. SECTION 1 Section 1. For the purposes of this Agreement, a grievance shall be defined as: Any complaint by a teacher an employee in the unit covered by this Agreement that:
agreement that (1) the teacher he has been subject to a violation, inequitable application, application or misinterpretation of a specific provision of this Agreement, or
Agreement or (2) the teacher he has been subjected to an unfair or discriminatory act contrary to established policy and practice. A "party in interest" is the person or persons making the claim and any person who might be required to take action or against whom action might be taken in order to resolve the claim.
SECTION 2 Section 2. The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems problems, which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure. Whenever a grievance is concerned directly with the School Committee or the Superintendent, the aggrieved person may initiate said grievance at Level 2. The grievance shall be returned to Level 1 if so decided at Level 2 or Level 3.
SECTION 3 Nothing herein contained Section 3. All documents, communications, and records dealing with the processing of a grievance will be construed as limiting filed separately from the personnel files of the participants.
Section 4. Each employee shall have the right to bring matters of personal concern or grievances as herein defined later to the attention of appropriate officials. Nothing contained in this Agreement shall be construed to prevent any teacher or group of teachers not acting on behalf of any teacher having a grievance to discuss employee organization or representing anyone but themselves from at any time discussing any problems with any of their supervisors, the matter informally with an appropriate member School Committee, or other representatives of the administration and to have School Committee without the grievance adjusted without intervention previous consent of the Association, provided nor shall any action taken by said supervisors, School Committee or its representative as a result of such discussion be the adjustment subject of a grievance or otherwise legally contested by said Association unless such action is not inconsistent with the terms in specific and direct contravention of a specific provision of this Agreement Agreement. The Association will be notified and have the right to attend any such session above the level of Principal. Any teacher covered by this contract may present individually his grievance without representation by the Association; provided, however, that with respect to any grievance above Level 1, the Association has been shall be given timely notice of the grievance's presentation at such steps and shall have opportunity to be heard on the grievance before its disposition if the Association shall, within the five (5) days following receipt of such notice, advise the Superintendent of its desire to be so heard.
Section 5. Any party in interest may be represented at all stages of the grievance procedure by a person of his own choosing except that he may not be represented by a representative or an officer of any teacher organization other than the Association or its affiliates. When a teacher is not represented by the Association, the Association shall have the right to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative views at all stages of the Association may be present grievance procedure, except at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not presentLevel 1.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Section 6. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, maximum and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by prior mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, misunderstanding or difference between the parties arising out of the acts which occurred prior to the execution to of this Agreement agreement shall be submitted to the Committee under the provisions provision of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If Section 7. If, at the end of twenty the fifteen (2015) school days next following either the occurrence of any grievance grievance, (or the date when the teacher should reasonably have had first knowledge of its such occurrence, whichever is later, ) the grievance shall not have been presented in writing at Level One1, as set forth below, the grievance shall be deemed to have been waived; and any such grievance in course under such procedure shall also be deemed to have been waived if the action required to present it to the next level in the procedure shall not have been taken within the time specified thereof in this Article.
Section 8. The Superintendent Subject to the foregoing, all grievances must be processed in accordance with the steps, time limits, and conditions set forth below:
Level 1. A teacher with a grievance shall first discuss it with his principal or designee will respond immediate supervisor with the object of resolving the matter informally.
Level 2. If the teacher is not satisfied with the disposition of his grievance at Level 1 or if no decision has been rendered within five (5) school days after presentation of the grievance, he may submit the grievance in writing simultaneously with the Superintendent of Schools and with the President of the Association within ten (10) days of after the decision at Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group 1 or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing ten (10) school days after the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appealwas initially presented, whichever is sooner. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.Within ten
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievances. SECTION 1
1. For the purposes of this Agreement, a grievance shall be defined as: Any as any complaint by a teacher any Employee covered by this Agreement that:
(1) the teacher that s/he has been subject subjected to a violation, inequitable application, violation or misinterpretation of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 2. The purpose of this procedure is to secure, secure at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or of working conditions of teachersthe Employees. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 3. Nothing contained herein contained will shall be construed as limiting the right rights of any teacher Employee having a grievance complaint to discuss the matter informally with an any appropriate member of the administration and to have the grievance problem adjusted without intervention of the AssociationUnion, provided the provided, however, that any such adjustment is not inconsistent shall be consistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its viewsAgreement. If the teacher Employee so chooses, a representative of the Association Union may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent adjustment of the Associationcomplaint. The Association must be notified Only those unresolved complaints that directly relate to a violation or misinterpretation of a specific provision of this Agreement are subject to the outcome of any level one grievance at which an Association representative is not presentprocess.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 4. Since it is important that grievances the grievance be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreementa prior express agreement of the respective parties or their representatives.
5. It is understood and agreed that no If the grievance has not been properly presented at Level One at the end of ten (10) working days following the occurrence of the grievance, dispute, misunderstandingthen the grievance shall be deemed settled, or difference between waived, and shall not be eligible for further action. Furthermore, if the parties arising out grievant does not adhere to the time limits at each level of the acts which occurred prior grievance process, then the grievance shall be deemed settled, or waived, and shall not be eligible for further action.
6. If the Employer or Administrator fails to adhere to the execution to this Agreement time limits at any level in the grievance process, then the grievance shall be submitted considered to be denied at that level, and the grievant may submit the grievance in writing, within the required time limit, to the Committee under appropriate Administrator at the next level in the process.
7. Subject to the foregoing provisions of this Article. It is understood that any , all grievances pending at must in all cases be processed in accordance with the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any levels, time prior to or during limits, and conditions herein set forth: The grievant shall present the grievance procedure.
SECTION 6 If at to the end appropriate immediate supervisor within ten (10) working days of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had of first knowledge of its occurrence, whichever is lateroccurrence by any party affected by it. The supervisor shall meet with the grievant within seven (7) working days of receipt of the written grievance. The supervisor shall render a decision to the grievant within seven (7) working days of the meeting. If the grievance has not been resolved at Level One to the satisfaction of the grievant, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. The Superintendent or designee will respond grievant may appeal such decision in writing to the Director of Finance within ten seven (107) working days of the Level Two One decision. The Director of Finance or his/her designee shall meet with the grievant to discuss the allegations within seven (7) working days of receipt of the written appeal and will render a written decision within seven (7) working days of the Level One (A) meeting.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievances. SECTION 1
1. For the purposes of this Agreement, a grievance shall be defined as: Any as any complaint by a teacher any Employee covered by this Agreement that:
(1) the teacher that s/he has been subject subjected to a violation, inequitable application, violation or misinterpretation of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 2. The purpose of this procedure is to secure, secure at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or of working conditions of teachersthe Employees. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 3. Nothing contained herein contained will shall be construed as limiting the right rights of any teacher Employee having a grievance complaint to discuss the matter informally with an any appropriate member of the administration and to have the grievance problem adjusted without intervention of the AssociationUnion, provided the provided, however, that any such adjustment is not inconsistent shall be consistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its viewsAgreement. If the teacher Employee so chooses, a representative of the Association Union may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent adjustment of the Associationcomplaint. The Association must be notified Only those unresolved complaints that directly relate to a violation or misinterpretation of a specific provision of this Agreement are subject to the outcome of any level one grievance at which an Association representative is not presentprocess.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 4. Since it is important that grievances the grievance be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreementa prior express agreement of the respective parties or their representatives.
5. It is understood and agreed that no If the grievance has not been properly presented at Level One at the end of ten (10) working days following the occurrence of the grievance, dispute, misunderstandingthen the grievance shall be deemed settled, or difference between waived, and shall not be eligible for further action. Furthermore, if the parties arising out grievant does not adhere to the time limits at each level of the acts which occurred prior grievance process, then the grievance shall be deemed settled, or waived, and shall not be eligible for further action.
6. If the Employer or Administrator fails to adhere to the execution to this Agreement time limits at any level in the grievance process, then the grievance shall be submitted considered to be denied at that level, and the grievant may submit the grievance in writing, within the required time limit, to the Committee under appropriate Administrator at the next level in the process.
7. Subject to the foregoing provisions of this Article. It is understood that any , all grievances pending at must in all cases be processed in accordance with the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any levels, time prior to or during limits, and conditions herein set forth: The grievant shall present the grievance procedure.
SECTION 6 If at to the end appropriate immediate supervisor within ten (10) working days of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had of first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waivedoccurrence by any party affected by it. The Superintendent or designee will respond in writing supervisor shall meet with the grievant within ten seven (107) working days of receipt of the written grievance. The supervisor shall render a decision to the grievant within seven (7) working days of the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievances. SECTION 1 For 11.1. All questions or disputes relating to the purposes interpretation or application of this Agreement, a MOU shall be considered grievances. Grievances shall proceed in the following manner:
a) Step 1 - Oral - Any Union or individual employee grievance shall be defined asorally presented to the employee's supervisor or his alternate by the Shop ▇▇▇▇▇▇▇ or his alternate. Such oral presentation shall be documented on the form approved jointly by the District and the Union. The parties agree to make every effort to resolve the issue at this step. If a grievance relating to discharge for cause or suspension is not presented within fourteen (14) calendar days from the date of said discharge or suspension, the right to grieve is waived and all further action is barred. Other grievances are similarly waived and further action thereon barred if they are not raised within thirty (30) calendar days after the occurrence or within thirty (30) calendar days after the employee knew or should have reason to know of the occurrence giving rise to the grievance. (Amended 2007)
b) Step 2 - Written - If the grievance is not resolved within ten (10) working days following its presentation in Step 1, the moving party shall reduce the grievance to writing on the form adopted for such purpose and the matter shall be presented within ten (10) working days to the District General Manager, who shall respond in writing within ten (10) working days. If not presented within ten (10) working days, the right to grieve is waived and all further action is barred.
c) Step 3 - Appeal - If the grievance is not resolved within ten (10) working days following the District General Manager's answer in Step 2, the moving party may, in writing, refer the grievance to the District Board of Directors who shall then hear the grievance on a date mutually agreed by the Union and the District. At such hearing, the Union shall present the grievance to the Board. If the grievance is not so referred to the District's Board in writing within such ten (10) working day period, the right to grieve is waived and all further action is barred.
d) Step 4 - Mediation - If a grievance is not resolved in the third Step, the fourth step shall be referral by the Union to mediation within twenty (20) working days of the action taken by the Board in Step three. Whenever a grievance is referred to mediation, either the Union or the District General Manager may request that the California State Mediation and Conciliation Service refer a State Mediator. The Mediator shall assist the parties in the resolution of the grievance in the same manner as that which is normally used in the mediation of interest disputes. The Mediator shall have a non-binding recommendation of settlement. Referral beyond Step 4 shall not occur until a Mediator has released the parties from the mediation process. (Amended 2010)
11.2. Step 5 - Arbitration - Any dispute arising hereunder which is not settled satisfactorily through Steps 1, 2, 3 and 4, shall at the request of either party, be submitted to, and decided by, a Board of Arbitration to be selected in the manner specified hereinafter.
a) The Board of Arbitration referred to above shall be comprised of three (3) members: Any complaint by a teacher covered by this Agreement that:
one (1) appointed by the teacher has been subject District through its Board of Directors, one (1) appointed by the Union through its Business Manager, and one (1) to a violation, inequitable application, or misinterpretation of a specific provision of this Agreement, or
be chosen by the two (2) so selected. In the teacher has been subjected event the two (2) members selected by the District and the Union are unable to an unfair or discriminatory act contrary agree on the selection of the third (3rd) within three (3) days after meeting for that purpose, they shall then request the Federal Mediation and Conciliation Service to established policy nominate three (3) persons from which the third (3rd) member shall be selected. The District may challenge one (1) of these nominees presented and practicethe Union may likewise challenge one (1). The party having first (1st) challenge shall be decided by lot. The nominee so selected shall become the third (3rd) arbitrator.
SECTION 2 b) No sooner than thirty (30) working days, but no later than fifty (50) working days following Step 4 under Section 11.1(d), the moving party may notify the other party of its request for Arbitration. The purpose request for Arbitration shall include the moving party's nomination of its Arbitrator. The responding party shall then, within twenty (20) working days from receipt of the moving party's request, serve written notice upon the moving party of its Arbitrator. Within twenty (20) working days thereafter, the two Arbitrators shall meet to choose the third Arbitrator.
c) The Board of Arbitration shall conduct a hearing on the matter at issue and both parties shall be allowed to present such evidence and make such argument as they see fit.
d) Either party may call any employee as witness in any proceeding before the Board of Arbitration, and if the employee is on duty, the District agrees to release him from duty so that he may appear as a witness. The Union agrees, in case it is necessary to call the District employees as witnesses that due consideration shall be given to efficient operation of the crews.
e) If an employee is called by either party to appear before the Board, the party calling him shall reimburse him for all expenses, including lost time.
f) Each party shall bear the expense of preparing and presenting its own case and the expense of its own Arbitrator.
g) The expense of the Third Arbitrator shall be borne equally by both parties.
h) The District and Union agree that the majority decision of such Board shall be final and binding on both parties.
11.3. By mutual agreement, the time limits may be extended in any step of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this grievance procedure.
SECTION 3 Nothing herein 11.4. Notwithstanding anything elsewhere contained will be construed as limiting in this MOU, any individual employee shall have the right of any teacher having a grievance within the time limits specified above to discuss present grievances to the matter informally with an appropriate member of the administration District and to have the grievance such grievances adjusted without intervention of the AssociationUnion, provided that the adjustment is shall not be inconsistent with within the terms of this Agreement MOU, and provided further that the Association has been Union shall be given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not presentadjustment.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained 11.5. Upon request by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possiblean employee, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" District shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. The Superintendent or designee will respond in writing within ten (10) days of the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association employee with copies of a Shop ▇▇▇▇▇▇▇ during any documents discussion between management and the employee, which are investigatory or disciplinary counseling in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreementnature or when meting out discipline.
Appears in 2 contracts
Sources: Memorandum of Understanding (Mou), Memorandum of Understanding (Mou)
Grievances. SECTION 1 1. For the purposes of this Agreement, a grievance shall be defined as: Any as any complaint by a teacher any Employee covered by this Agreement that:
(1) the teacher that s/he has been subject subjected to a violation, inequitable application, violation or misinterpretation of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 2. The purpose of this procedure is to secure, secure at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or of working conditions of teachersthe Employees. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 3. Nothing contained herein contained will shall be construed as limiting the right rights of any teacher Employee having a grievance complaint to discuss the matter informally with an any appropriate member of the administration and to have the grievance problem adjusted without intervention of the AssociationUnion, provided the provided, however, that any such adjustment is not inconsistent shall be consistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its viewsAgreement. If the teacher Employee so chooses, a representative of the Association Union may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent adjustment of the Associationcomplaint. The Association must be notified Only those unresolved complaints that directly relate to a violation or misinterpretation of a specific provision of this Agreement are subject to the outcome of any level one grievance at which an Association representative is not presentprocess.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 4. Since it is important that grievances the grievance be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreementa prior express agreement of the respective parties or their representatives.
5. It is understood and agreed that no If the grievance has not been properly presented at Level One at the end of ten (10) working days following the occurrence of the grievance, dispute, misunderstandingthen the grievance shall be deemed settled, or difference between waived, and shall not be eligible for further action. Furthermore, if the parties arising out grievant does not adhere to the time limits at each level of the acts which occurred prior grievance process, then the grievance shall be deemed settled, or waived, and shall not be eligible for further action.
6. If the Employer or Administrator fails to adhere to the execution to this Agreement time limits at any level in the grievance process, then the grievance shall be submitted considered to be denied at that level, and the grievant may submit the grievance in writing, within the required time limit, to the Committee under appropriate Administrator at the next level in the process.
7. Subject to the foregoing provisions of this Article. It is understood that any , all grievances pending at must in all cases be processed in accordance with the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any levels, time prior to or during limits, and conditions herein set forth: The grievant shall present the grievance procedure.
SECTION 6 If at to the end appropriate immediate supervisor within ten (10) working days of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had of first knowledge of its occurrence, whichever is lateroccurrence by any party affected by it. The supervisor shall meet with the grievant within seven (7) working days of receipt of the written grievance. The supervisor shall render a decision to the grievant within seven (7) working days of the meeting. If the grievance has not been resolved at Level One to the satisfaction of the grievant, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. The Superintendent or designee will respond grievant may appeal such decision in writing to the Director of Finance within ten seven (107) working days of the Level Two One decision. The Director of Finance or his/her designee shall meet with the grievant to discuss the allegations within seven (7) working days of receipt of the written appeal and will render a written decision within seven (7) working days of the Level One (A) meeting.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION 1 For 7.01 The parties acknowledge the desirability of ensuring prompt, fair and final resolution of employee grievances. The parties’ recognition of this principle has contributed stability and certainty to the grievance procedure. Accordingly the parties view any attempt to reinstate a grievance properly disposed of as contrary to the purpose for which the grievance procedure was established and violates the fundamental principles of collective bargaining. However, in those instances where the National Union CAW, by either its Executive Board, Public Review Board or Constitutional Convention Appeals Committee, has reviewed the disposition of a grievance and found that such disposition was improperly effected by the Union or a Union representative, the National Union CAW may inform the Coca-Cola Labour Relations Director in writing, that such grievance is reinstated in the grievance procedure at the step at which the original disposition of the grievance occurred. It is specifically understood however, that the Company shall not be responsible for any liabilities which may have accrued from the date of the initial withdrawal of the grievance by the Union, up to and including the date on which the grievance is reinstated. In addition, in those instances where the Company, by either its Director of Labour Relations or a Coca-Cola Bottling Executive member, has reviewed the disposition of a Company grievance and found that such disposition was improperly effected by the Company or a Company representative, the Company may inform the National Union CAW in writing, that such Company grievance is reinstated in the grievance procedure at the step at which the original disposition of the grievance occurred. It is specifically understood however, that the Union shall not be responsible for any liabilities which may have accrued from the date of the initial withdrawal of the Company grievance, up to and including the date on which the grievance is reinstated.
7.02 The Union Stewards herein referred to shall be employees of the Company and shall not be more than three (3) in number. The Union will notify the Company in writing of the names of such Stewards and may also notify the Company of the names of not more than an equal number of additional employees who may serve as alternate Stewards in the absence from work of a regular ▇▇▇▇▇▇▇. The Company will not recognize any individual as a ▇▇▇▇▇▇▇ until it has received such notification from the Union.
7.03 A ▇▇▇▇▇▇▇ shall be permitted reasonable time off work without loss of regular pay for the purposes of this Agreement, a grievance investigating and processing of grievances. Such time off shall be defined as: Any complaint by granted within 24 hours, excluding Saturdays and Sundays, unless a teacher covered by ▇▇▇▇▇▇▇ is available at work on Saturday or Sunday. The employee shall first seek permission from his/her supervisor and will notify his/her supervisor upon their return to work. Such permission shall not be unreasonably withheld.
(a) In this Agreement that:
(1) a "grievance" shall consist only of a difference concerning the teacher has been subject to a violationinterpretation, inequitable application, administration or misinterpretation alleged violation of a specific any provision of this Agreement, or
(2) the teacher has been subjected including any question as to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure whether a matter is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachersarbitratable. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a A grievance to discuss the matter informally with an appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days taken up within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty fifteen (2015) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. The Superintendent or designee will respond in writing within ten (10) working days of the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class employee becoming aware of teachers or is of a general nature, the Association may submit such a grievance in writing directly circumstances giving rise to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall . It will be deemed waived. Failure of the teacher filing understood that a verbal discussion at Step One in the grievance to appeal a decision within procedure will meet the time limit specified will mean that in which to take up the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the partiesgrievance(s).
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 1 contract
Sources: Collective Agreement
Grievances. SECTION 1 Section 1. For the purposes of this Agreement, a grievance shall be defined as: Any complaint by a teacher an employee covered by this Agreement that:
(1) the teacher that he or she has been subject to a treatment in violation, inequitable application, misapplication or misinterpretation of a specific provision of this Agreement. As used in this Article, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practiceterm "employee" shall mean also a group of employees having the same grievance.
SECTION 2 Section 2. The purpose of this procedure is to secure, secure at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachersthe employees. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Section 3. Nothing contained herein contained will shall be construed as limiting the right rights of any teacher employee having a grievance complaint to discuss the matter informally with an any appropriate member of the administration and and, with the agreement of the individual employee, to have the grievance problem adjusted with or without intervention of the Association, provided the that any adjustment made is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its viewsAgreement
Section 4. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite . A grievance not initiated within the process. For grievances and arbitration specified time limits, "days" limits shall be defined as days deemed waived. Failure of the grievant to appeal a decision within the work year specified time limits will mean that the grievance is settled on the basis of the most recent disposition. Failure of the Board or its representatives to answer a grievance within the specified time limits will activate the time limits for teachers when students are in scheduled classesappealing the grievance to the next step. Finally, including part-days and exam days. The the time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out a prior written agreement of the acts which occurred prior respective parties or their representatives.
Section 5. Subject to the execution to this Agreement foregoing, all grievances must in all cases be processed in accordance with the steps, time limits and conditions herein set forth: The employees shall be submitted present the grievance or dispute in writing to the Committee under Director of Student Services within ten (10) school days following the provisions of this Article. It is understood that any grievances pending at the conclusion date of the contract will remain operative in incident giving rise to the subsequent contract period unless settled in negotiationsgrievance. A teacher may contact the Association at any time prior to or during Within 10 school days of receiving the grievance procedure.
SECTION 6 If at in writing from the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is lateremployee, the employee(s) and one Immediate Supervisor of the program as well as the Director of Student Services may confer on the grievance shall not have been presented with a view of arriving at Level One, as set forth belowa mutually satisfactory resolution of the complaint. At the conference, the employee may present the grievance personally or he may be represented by a Union Representative, but where the employee is represented he must be present. Whenever a grievance is presented to the Immediate Supervisor by the employee personally, the Director shall give the Union representative the opportunity to be deemed to have been waivedpresent. The Superintendent Immediate Supervisor shall attempt to adjust the matter and shall respond to the employee or designee will respond to the Union Representative who participated in writing within ten (10) school days after the conference described in Step One, #2 occurs. If the grievance has not been settled, it may be appealed in writing to the Executive Director within five (5) school days after the response at Step One is due. The appeal shall be in writing and shall set forth specifically the act or incident and the grounds on which the grievance is based. The Executive Director may meet and confer with the aggrieved employee(s) and his or her union representative, if any. Where the employee is not represented by the Union at this step, the Executive Director shall furnish the Association with a copy of the Level Two meeting.
SECTION 7 appeal from Step One, together with notice of the date of the conference. In such cases, the Union may be present The Executive Director shall respond to the employee or to the Union Representative(s) who participated within eight (8) school days after receiving the appeal. If there the decision of the Executive Director at Step two of the Grievance Procedure is a grievance which directly affects a group or class of teachers or is of a general natureunsatisfactory, only the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit arbitration as specified will mean that herein. The Association may submit the grievance to arbitration by giving the Executive Director written notice of such intention to appeal within ten (10) school days after the response under Step Two is due. This appeal to arbitration shall be considered settled on in accordance with the basis of the decision last made procedures and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits conditions set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.Article I.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION 1 1. The purpose of the procedure set forth hereinafter is to produce prompt and equitable solutions to those problems which from time to time may arise and affect the conditions of employment of the employees covered by this Contract.
2. For the purposes of this Agreementthe procedure set forth hereinafter, a grievance shall be is defined as: Any complaint by a teacher covered by this Agreement that:
(1) the teacher has been subject to a as an alleged violation, inequitable applicationmisinterpretation, or misinterpretation inequitable application of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair existing policies or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in reference to wages, hours, or other conditions of employment.
3. The following GRIEVANCE PROCEDURES shall be in effect: Step One: The employee with a grievance or the Union Representative shall present the matter to the Supervisor of Buildings and Grounds in the subsequent contract period unless settled case of a Custodian or Maintenance Person or to the Supervisor of Cafeterias in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end case of twenty a Cafeteria Worker within ten (2010) days next following either workdays from the occurrence of any the event upon which the grievance is based. If such occurrence is during the last five (5) days of school, then the grievance must be presented within seven (7) calendar days of the occurrence. The Supervisor of Buildings and Grounds or the date when Supervisor of Cafeterias, as the teacher should reasonably have had first knowledge case may be, will respond to the grievance within five (5) workdays of its occurrence, whichever the presentation. Step Two: If there is laterno satisfactory resolution at Step One, the grievance shall not have been may be presented at Level One, as set forth below, in writing by the grievance shall be deemed employee or the Union Representative to have been waivedthe Superintendent or designee within five (5) workdays of the Step One answer. The Superintendent or designee shall hold a meeting on the grievance within five (5) workdays of its presentation and will respond to the grievance in writing within ten (10) days workdays of the Level Step Two meeting.
SECTION 7 . Step Three: If there is a grievance which directly affects a group or class of teachers or is of a general natureno satisfactory resolution at Step Two, the Association grievance may submit such a grievance be presented by the Employee or the Union in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement ten (10) workdays of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 Step Two answer. The School Committee will, upon request, provide shall hear the Association with copies of any documents in grievance at its possession including approved minutes of next regularly scheduled meeting if such request is made before the agenda is set. The School Committee which may be necessary for shall respond to the Association to process grievances under the Agreement.grievance within ten
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION 1 Section 1. For the purposes of this Agreement, a grievance shall be defined as: Any complaint by a teacher an employee in the unit covered by this Agreement that:
agreement that (1) the teacher he has been subject to a violation, inequitable application, application or misinterpretation of a specific provision of this Agreement, or
Agreement or (2) the teacher he has been subjected to an unfair or discriminatory act contrary to established policy and practice. A "party in interest" is the person or persons making the claim and any person who might be required to take action or against whom action might be taken in order to resolve the claim.
SECTION 2 Section 2. The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems problems, which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure. Whenever a grievance is concerned directly with the School Committee, the Superintendent and/or Assistant Superintendent, the aggrieved person may initiate said grievance at Level 2. The grievance shall be returned to Level 1 if so decided at Level 2 or Level 3.
SECTION 3 Nothing herein contained Section 3. All documents, communications, and records dealing with the processing of a grievance will be construed as limiting filed separately from the personnel files of the participants.
Section 4. Each employee shall have the right to bring matters of personal concern or grievances as herein defined later to the attention of appropriate officials. Nothing contained in this Agreement shall be construed to prevent any teacher or group of teachers not acting on behalf of any teacher having a grievance to discuss employee organization or representing anyone but themselves from at any time discussing any problems with any of their supervisors, the matter informally with an appropriate member School Committee, or other representatives of the administration and to have School Committee without the grievance adjusted without intervention previous consent of the Association, provided nor shall any action taken by said supervisors, School Committee or its representative as a result of such discussion be the adjustment subject of a grievance or otherwise legally contested by said Association unless such action is not inconsistent with the terms in specific and direct contravention of a specific provision of this Agreement Agreement. The Association will be notified and have the right to attend any such session above the level of Principal. Any teacher covered by this contract may present individually his grievance without representation by the Association; provided, however, that with respect to any grievance above Level 1, the Association has been shall be given timely notice of the grievance's presentation at such steps and shall have opportunity to be heard on the grievance before its disposition if the Association shall, within the five (5) days following receipt of such notice, advise the Superintendent of its desire to be so heard.
Section 5. Any party in interest may be represented at all stages of the grievance procedure by a person of his own choosing except that he may not be represented by a representative or an officer of any teacher organization other than the Association or its affiliates. When a teacher is not represented by the Association, the Association shall have the right to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative views at all stages of the Association may be present grievance procedure except at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not presentLevel 1.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Section 6. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, maximum and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by prior mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, misunderstanding or difference between the parties arising out of the acts which occurred prior to the execution to of this Agreement agreement shall be submitted to the Committee under the provisions provision of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If Section 7. If, at the end of twenty the fifteen (2015) school days next following either the occurrence of any grievance grievance, (or the date when the teacher should reasonably have had first knowledge of its such occurrence, whichever is later, ) the grievance shall not have been presented in writing at Level One1, as set forth below, the grievance shall be deemed to have been waived; and any such grievance in course under such procedure shall also be deemed to have been waived if the action required to present it to the next level in the procedure shall not have been taken within the time specified thereof in this Article.
Section 8. The Superintendent Subject to the foregoing, all grievances must be processed in accordance with the steps, time limits, and conditions set forth below:
Level 1. A teacher with a grievance shall first discuss it with his principal or designee will respond immediate supervisor with the object of resolving the matter informally.
Level 2. If the teacher is not satisfied with the disposition of his grievance at Level 1 or if no decision has been rendered within five (5) school days after presentation of the grievance, he may submit the grievance in writing simultaneously with the Superintendent of Schools and with the President of the Association within five (5) days after the decision at Level 1 or ten (10) school days of the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing after the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appealwas initially presented, whichever is sooner. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.Within five
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION 1 For A. All grievances must be initiated at the purposes lowest appropriate level.
B. All formal grievance within the scope of this AgreementAgreement shall be presented in writing.
C. No grievance shall be processed anonymously. However, the ASSOCIATION may initiate a grievance involving a group of EMPLOYEES.
D. If a grievance is not initiated within 15 days after the grievant knew of the act or conditions on which the grievance is based, then the grievance shall be considered to have been waived.
E. An EMPLOYEE processing a grievance shall be defined as: Any complaint by a teacher covered by this Agreement that:
(1) the teacher has been subject to a violationassured freedom from restraint, inequitable applicationinterference, coercion, discrimination, or misinterpretation reprisal.
F. In the presentation of a specific provision of this Agreementgrievance, or
(2) the teacher has been subjected EMPLOYEE shall have the right to an unfair present his own appeal or discriminatory act contrary to established policy and practicedesignate a representative to appear with him/her at any step in his/her appeal. GE/United is recognized as the sole representative organization with a right to present or process a grievance.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 G. Nothing herein contained will shall be construed as limiting to limit the right of any teacher EMPLOYEE having a grievance to discuss the matter informally process it through all prescribed levels with an appropriate member of the administration and to have the grievance adjusted or without intervention of by the AssociationASSOCIATION, provided as the adjustment is not inconsistent with the terms of this Agreement and that the Association has been EMPLOYEE may elect. The ASSOCIATION shall, however, be given the opportunity to be present at such adjustment above all meetings conducted after Level One, and shall have access to all pertinent documentation. Written notification of all meetings conducted on all levels, except the information level one and of the grievance procedure, shall be forwarded to state its viewsthe grievant with a copy to the ASSOCIATION Grievance Chairperson. If the teacher so choosesASSOCIATION does not represent the grievant, it shall be provided by the BOARD copies of all written grievances and responses.
H. Failure at any level of this procedure to communicate the decision on a representative grievance within the specified time limits shall permit the aggrieved EMPLOYEE to proceed to the next level. Failure at any level of this procedure to appeal a grievance to the next level within the specified time limits shall be deemed to be abandonment of the Association grievance or acceptance by the EMPLOYEE of the decision rendered at this level. Time limits may be present at level one. The grievant may not elect to have anyone other than waived only with the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance parties at which an Association representative is not presenteach level.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. I. It is understood that the EMPLOYEE shall, during and notwithstanding the pendency of any grievances pending at the conclusion grievance, continue to observe all assignments and applicable rules and regulations of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at BOARD until such grievance and any time prior to or during the grievance procedureeffect thereof shall have been fully resolved.
SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. J. The Superintendent or designee will respond in writing within ten (10) days binding arbitration provisions of the Level Two meetingAgreement shall pertain only to the interpretation, application, or violation of the terms and provisions of this written Agreement.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance K. Steps in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicablebypassed by mutual agreement.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION 1 For the purposes of this Agreement, a grievance Grievances concerning layoffs and recalls shall be defined asinitiated at Step of the Grievance Procedure. When a employee is to be laid off, he shall allowed one hour paid leave off work during his last shift to attend to personnel or pay-related matters not yet settled. M The Corporation agrees that no regular full-time employee shall. be laid of€ due to the Corporation: Any complaint M contracting out services presently being performed by members of the bargaining unit; employing temporary or part-time OP casual employees (other than employees enrolled in post. secondary education institutions and employed by the Corporation in work that educationally related) provided that in the judgment of the Corporation, the employee is capable of doing the work required. The judgment: of the Corporation shall not be exercised in any arbitrary discriminatory The Corporation make every reasonable effort not to engage persons enrolled in a teacher covered by this Agreement that:
(1) the teacher has been subject post secondary institution at a time when regular seniority employees are laid off seasonally. M ▇▇▇▇▇ to a violationstaff report being presented to City Council, inequitable applicationthe of which would be to contract out services presently performed by members of the bargaining unit and which would result in a consequential reduction of staff in the bargaining unit, or misinterpretation the Union shall be supplied with a copy of a specific provision the report, M CORRESPONDENCE M The Secretary of this Agreementthe Union local concerned shall be notified internal mail all appointments, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy transfers, temporary transfers, lay-offs, promotions, demotions, recalls and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right terminations of any teacher having a grievance to discuss the matter informally with an appropriate member of the administration oargaining unit at the same time as the employee concerned. M LEAVE OF ABSENCE M Leave of Absence without pay shall be granted to not more than three seniority employees per Union governed by this agreement periods up to and to have including fifteen working days for each such seniority employee for the grievance adjusted without intervention purpose of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative of the Association may be present at level oneattending conferences or conventions or other Union business. The grievant may not elect Union local requesting such leave shall make the request in writing to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance Corporation at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of least seven (7) working days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution requested commencement of the leave. If, in the opinion of the Corporation, the operations of the Corporation will be adversely affected by the absence of any of the employees upon whose behalf the leave is requested, the Corporation shall have the right to require the Union to name an alternate be granted such leave instead. The total annual leave granted under this Agreement clause shall not exceed forty five (45) working days in any calendar year. No one individual to receive more than days per year. M Leave of Absence without pay Up to ten working days shall. be submitted granted to a seniority employee for good and sufficient acceptable to the Committee under Corporation provided that in the opinion of the Corporation its operations will not be adversely affected. Upon application to the Head concerned, special leave of absence may be extended. However, any additional leave will be dealt with on its own merits but in any case the employee shall not be entitled to the provisions of this Article. It Articles M and M for the duration of such leave unless an arrangement is understood that any grievances pending at made to reimburse the conclusion Corporation the cost of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end such coverage under Article M Costs of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance insurance coverage under Article shall be deemed to have been waived. The Superintendent or designee will respond in writing within ten (10) days borne by the Corporation if the approved leave of the Level Two meeting.
SECTION 7 If there absence is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.four
Appears in 1 contract
Sources: Collective Agreement
Grievances. SECTION 1 For 12.1 Except where a remedy is otherwise provided for, any Employee shall have the purposes of this Agreement, right to present a grievance shall be defined as: Any complaint by a teacher covered by this Agreement that:
(1) arising from Employee's employment in accordance with the teacher has been subject to a violation, inequitable application, or misinterpretation of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy rules and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level regulations of this procedure.
SECTION 3 Nothing herein contained 12.2 All parties so involved must act in good faith and strive for objectivity, while endeavoring to reach a solution at the earliest possible step of the procedure. The aggrieved Employee shall have the assurance that filing of a grievance will be construed as limiting not result in reprisal of any nature. The aggrieved Employee shall have the right to be represented or accompanied by a Representative of the Union at all stages of the grievance procedure.
12.3 Certain time limits in the grievance procedure are designed to quickly settle a grievance. It is realized, however, that on occasion the parties concerned may be unable to comply with the established limitations. In such instances, the limitations may be extended upon the mutual agreement of all parties concerned.
12.4 Failure of the aggrieved Employee to file an appeal within the prescribed time limit for any teacher having step of the procedure shall constitute abandonment of the grievance. Employer shall abide by prescribed time limits.
12.5 Any person responsible for conducting any conference, meeting or hearing under the formal grievance procedure shall give due and timely notice to all persons concerned.
12.6 When two or more Employees experience a common grievance, they may initiate a single grievance to proceeding. The initial hearing of the grievance shall be by the immediate superior or Department Head who has the prime responsibility for all of the aggrieved Employees.
12.7 The grievance procedure shall be as follows:
Step 1. When an Employee becomes aware that dissatisfaction exists with Employee's work or work situation, Employee should discuss the matter informally with an appropriate member their immediate superior. Initial discussion should be sought by the Employee not later than ten (10) working days after the event giving rise to the grievance occurred, or ten (10) working days after the Employee should have had knowledge of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrenceevent, whichever is later. The following provisions relating to formal grievance procedure do not restrict the Employee and immediate superior from seeking advice and counsel from Superiors and Department Heads when: Mutually consented to by the Employee and Immediate Superior. It appears that settlement can be reached at this informal level.
Step 2. The Immediate Superior will hear the grievance and provide written decision within five (5) working days of the receipt of the formal grievance papers.
Step 3. If the written decision of the Immediate Superior is unsatisfactory to the Employee, the grievance shall not have been presented at Level One, as set forth below, Employee may request that the grievance shall be deemed presented to have been waivedthe Department Head for review. This request must be made in writing within five (5) working days of the receipt of the Immediate Superior's decision. The Superintendent or designee Department Head will respond in writing hear the grievance and provide written decision within ten (10) working days of the Level Two meetingreceipt of the formal grievance papers.
SECTION 7 Step 4. If there the written decision of the Department Head is a grievance which directly affects a group or class of teachers or is of a general natureunsatisfactory to the Employee, the Association Employee may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean request that the grievance be presented to the General Manager for review. This request must be made in writing within five (5) working days of the receipt of the Department Head's decision. The General Manager will hear the grievance and provide written decision within ten (10) working days of the receipt of the formal grievance papers.
Step 5. If the written decision of the General Manager is unsatisfactory to the Employee, the Union or Employee within ten (10) working days may request the grievance be advanced to arbitration. The arbitrator list will be requested within one-hundred twenty (120) days and the arbitrator from a list of seven (7) names supplied by the Federal Mediation and Conciliatory Service (FMCS), or another arbitration service mutually agreeable to the Employer and Union. The parties shall select the arbitrator by alternately striking names until one name remains. The Union representative shall strike the first name. The decision of the arbitrator shall be considered settled on the basis of the decision last made final and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the binding upon both parties.
SECTION 9 In 12.8 The arbitrator shall have no authority to alter, amend, add to or subtract in any way the event terms and conditions of this Agreement. The arbitrator shall confine their decision to a grievance is filed on or after June l which, if left unresolved until the beginning determination of the following school year could result in irreparable harm facts and an interpretation and application of this Agreement. The parties agree to a party in interest, each pay one-half the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end costs of the school year or as soon thereafter as is practicablearbitrator.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION 1 For 7.01 The parties acknowledge the desirability of ensuring prompt, fair and final resolution of employee grievances. The parties’ recognition of this principle has contributed stability and certainty to the grievance procedure. Accordingly the parties view any attempt to reinstate a grievance properly disposed of as contrary to the purpose for which the grievance procedure was established and violates the fundamental principles of collective bargaining. However, in those instances where the National Union CAW, by either its Executive Board, Public Review Board or Constitutional Convention Appeals Committee, has reviewed the disposition of a grievance and found that such disposition was improperly effected by the Union or a Union representative, the National Union CAW may inform the Coca-Cola Labour Relations Director in writing, that such grievance is reinstated in the grievance procedure at the step at which the original disposition of the grievance occurred. It is specifically understood however, that the Company shall not be responsible for any liabilities which may have accrued from the date of the initial withdrawal of the grievance by the Union, up to and including the date on which the grievance is reinstated. In addition, in those instances where the Company, by either its Director of Labour Relations or a Coca-Cola Refreshments Executive member, has reviewed the disposition of a Company grievance and found that such disposition was improperly effected by the Company or a Company representative, the Company may inform the National Union CAW in writing, that such Company grievance is reinstated in the grievance procedure at the step at which the original disposition of the grievance occurred. It is specifically understood however, that the Union shall not be responsible for any liabilities which may have accrued from the date of the initial withdrawal of the Company grievance, up to and including the date on which the grievance is reinstated.
7.02 The Union Stewards herein referred to shall be employees of the Company and shall not be more than three (3) in number. The Union will notify the Company in writing of the names of such Stewards and may also notify the Company of the names of not more than an equal number of additional employees who may serve as alternate Stewards in the absence from work of a regular ▇▇▇▇▇▇▇. The Company will not recognize any individual as a ▇▇▇▇▇▇▇ until it has received such notification from the Union.
7.03 A ▇▇▇▇▇▇▇ shall be permitted reasonable time off work without loss of regular pay for the purposes of this Agreement, a grievance investigating and processing of grievances. Such time off shall be defined as: Any complaint by granted within 24 hours, excluding Saturdays and Sundays, unless a teacher covered by ▇▇▇▇▇▇▇ is available at work on Saturday or Sunday. The employee shall first seek permission from his/her supervisor and will notify his/her supervisor upon their return to work. Such permission shall not be unreasonably withheld.
(a) In this Agreement that:
(1) a "grievance" shall consist only of a difference concerning the teacher has been subject to a violationinterpretation, inequitable application, administration or misinterpretation alleged violation of a specific any provision of this Agreement, or
(2) the teacher has been subjected including any question as to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure whether a matter is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachersarbitratable. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a A grievance to discuss the matter informally with an appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days taken up within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty fifteen (2015) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. The Superintendent or designee will respond in writing within ten (10) working days of the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class employee becoming aware of teachers or is of a general nature, the Association may submit such a grievance in writing directly circumstances giving rise to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall . It will be deemed waived. Failure of the teacher filing understood that a verbal discussion at Step One in the grievance to appeal a decision within procedure will meet the time limit specified will mean that in which to take up the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the partiesgrievance(s).
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 1 contract
Sources: Collective Agreement
Grievances. SECTION 1 Section 1. For the purposes purpose of this Agreement, a grievance shall be defined as: Any complaint by a teacher covered by this the Agreement that:
that (1) the teacher he/she has been subject to a violation, inequitable application, or misinterpretation of a specific provision of this Agreement, or
Agreement or (2) the teacher he/she has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 Section 2. The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise arise, affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure. Consultation between the Association and the superintendent is encouraged as a means of resolving problems.
SECTION 3 Section 3. Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an any appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one Level 1 and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not presentLevel 1.
SECTION 4 Section 4. No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham Winthrop for any teacher involved in presenting such grievance.
SECTION 5 Section 5. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by prior mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to of this Agreement shall be submitted to the Committee under the provisions provision of this Article. It is understood that any grievances grievance pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 Section 6. If at the end of twenty the fifteen (2015) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One▇▇▇▇▇ ▇, as set forth below, the grievance shall be deemed to have been waived. The Superintendent Such time limit may be extended by mutual agreement.
Level 1. A teacher with a grievance will first discuss it with his/her principal or designee will respond immediate supervisor during non-teaching hours.
Level 2. If at the end of three (3) school days next following such presentation, the grievance shall not have been disposed of to the aggrieved’s satisfaction, the teacher may file with the president of the Association a written statement of the grievance. Such statement shall be reviewed with the teacher by the said president or his/her designee, and if after such review the teacher so desires, the grievance shall be presented in writing by the teacher to the superintendent or his/her designee within five (5) school days.
Level 3. If at the end of ten (10) school days next following presentation of the grievance in writing to the superintendent the grievance shall not have been disposed of to the satisfaction of the teacher, the teacher may refer the grievance in writing to the chair of the School Committee within five (5) school days. The Committee or its designated representative and the teacher and, if the teacher so elects, counsel and/or an authorized representative of the Association shall meet to discuss the grievance as promptly as possible, normally within fourteen (14) school days at a time mutually agreed upon by the chair of the School Committee and the president of the Teachers’ Association. If any person or persons are to represent the teacher at this meeting, the School Committee will be informed in writing prior to three (3) school days before the meeting of the titles and names (if possible) of such person or persons anticipated. The School Committee or its designated representative shall elect whether this discussion shall take place during working hours. The School Committee will give its written answer to the grievance within ten (10) school days following the conclusion of the Level Two meeting.
SECTION 7 . If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure no satisfactory settlement of the teacher filing the grievance is made, it may Level 4. Be appealed to arbitration by written notice of such intention to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.ten
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION 1 For the purposes of this Agreement, a A grievance shall be defined as: Any complaint by a teacher covered by this Agreement that:
(1) the teacher has been subject to a violation, inequitable application, or misinterpretation of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion interpretation, application, administration or alleged violation of the contract will remain operative in collective agreement or a case where the subsequent contract period unless settled in negotiationsEmployer and the Union has acted unjustly or improperly. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the No grievance shall be deemed to have considered either by the Union or the Employer, which has not been waived. The Superintendent or designee will respond in writing submitted within ten (10) days of the Level Two meetingoffence giving rise to the grievance coming to the attention of the grieving party.
SECTION 7 If there 11.02 Subject to Article 11.08, it is understood that an employee has no grievance until he/she has first discussed her/his complaint with her/his supervisor and afforded her/him an opportunity to settle the complaint. Failing settlement, any complaint or grievance arising under this Agreement relating to the interpretation, application, administration or alleged violation of this Agreement shall be submitted in writing within five (5) working days after the circumstances giving rise to the complaint or grievance have occurred and shall be processed and dealt with in accordance with the terms and provisions set forth in this Article.
STEP 1 The employee shall submit a written grievance which directly affects must be signed by her/him to the Manager or her/his designated representative, with a group or class copy to her/his immediate supervisor. The nature of teachers or is of a general naturethe grievance, the Association may submit such a remedy sought and the section(s) of this Agreement alleged to have been violated shall be specifically set out in the grievance in writing directly form. The Manager or her/his designated representative will deliver her/his written decision to the level of administration having grievor with a copy to the appropriate authority President/designate within five (5) working days after receiving the written grievance. Should the Manager or her/his designated representative wish to resolve said grievancediscuss the grievance prior to issuing her/his written decision, he/she will arrange to meet the grievor and her/his ▇▇▇▇▇▇▇ at a time which is mutually agreeable to the parties concerned.
SECTION 8 A STEP 2 If not satisfied with the Employer’s decision, the grievor may, within five (5) working days after the decision given under Step 1, submit the written grievance not initiated to the Executive Director or her/his designate. The Executive Director or her/his designate shall meet with the grievor and her/his ▇▇▇▇▇▇▇ to review the grievance within five (5) working days following the time specified shall be deemed waived. Failure receipt of the teacher filing grievance. The Executive Director or her/his designate will deliver her/his written decision to the grievor with a copy to the President/designate within five (5) working days from the day on which the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the partiesmeeting was convened.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 1 contract
Sources: Collective Agreement
Grievances. SECTION 1 For It is the purposes spirit and intent of this AgreementAgreement as contained in OBJECTS, a grievance shall be defined as: Any complaint by a teacher covered to resolve all Em- ployeeor Employer grievances promptly and wherever possible within the Industry. If during the term of this Agreement there shouldarise any difference betweenthe partiesto or the persons bound by this Agreement that:
(1) the teacher has been subject to a violationconcerning interpre- tation, inequitable application, operation or misinterpretation any alleged violation hereof or concerning discharge of a specific provision any Employeewhich may be alleged to be unjust and including any question as to whether any matter is arbitrable, such difference shall be resolvedwithout stoppage of this Agreementwork in the follow- ing manner: The Job ▇▇▇▇▇▇▇ or Business Representative of the Union shall first discuss the difference with the Foremanor Superintendent of the Employer in an effort to resolve the matter on the job, or
(2) or as an alternative the teacher has been subjected Business Representative may refer the difference di- rectly to an unfair management through the Employer’s main of- fice or discriminatory act contrary to established policy business address in the Province of British Co- lumbia, and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions Employer may refer the difference di- rectly to the problems which may from time to time arise affecting Business Representativethrough the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member main office of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its viewsUnion in British Columbia. If the teacher so choosesdifference is not resolved, a representative the aggrieved party must submit the matter complained of, in writing, to the other party within thirty (30) days of its occur- rence, except the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent matter of the Association. The Association discharge must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. The Superintendent or designee will respond submit- ▇▇▇ in writing within ten (10) days of occurrence, or in every case the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified matter shall be deemed to be waived. Failure However, the foregoing time limitswill not apply in respect to any Employer remittances to the Cement Masons Welfare Trust Fund, JurisdictionalAssignment Plan Fund, Pension Fund and the Cement Masons Ap- prenticeship and Trade Promotional Fund to be made on behalf of the teacher filing the grievance to appeal a decision within the time limit specified will mean Employees as provided for in this Agreement. It is intended that the grievance shall be considered settled on the basis failure of the decision last made and shall not Employer to make the requisitecontributions to be eligible for further appeal. Failure madeon behalf of the School Committee to answer an appeal within the time limit specified shall mean that the appeal Employees as provided elsewhere in this Agree- ment may be taken to claimed by the next step immediatelyEmployees at any time. The above limitations may be waived by mutual agreement Employer shall only remain for Healthand Welfare and similar Fundsas providedfor in this Agreement on behalf of the parties.
SECTION 9 In sub-contractor for a period forty (40) days after completion of the tract. Inthe event a grievance involvinga questionof discharge is filed on not resolved in seven (7) days and a griev- ance involving other matters is not resolved within twenty (20) days, then each party shall within five (5) days appoint a member to a Board of Arbitration. The two (2) appointees shall within five (5)days of appoint- ment agree upon a person to act as Chairman, but failing to do so within this time they shall jointly request the Minister of Labour for British Columbia to appoint such Chairman. The Board of Arbitration shall, within ten days or after June l whichsuch extended period as may be mutu- ally agreed by the parties, hear the parties and render a decisionwhich shall be final and binding. The fees and expenses of the Chairman of the Board of shall be borne equally by the parties to the grievance. Inthe event a matter of discharge has not been referredto an Arbitration Boardwithin seven (7) days of its receipt in writing, then the matter shall be deemedto be waived. The time limits specified in this Clause shall be strictly construed and may be extended only with the mutual consent of the parties to the grievance. Any grievance involving the monetary aspects of this Agreement, if left unresolved until successfully processed by the beginning of the following school year could result in irreparable harm to a party in interestUn- ion, the time limits set forth herein will be reduced so that shallbe applied retroactiveto and includingthe date upon which the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicableoriginated.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION 1 For the purposes of this Agreement, a grievance shall be defined as: Any complaint by a teacher an employee covered by this Agreement that:
(1) the teacher that he or she has been subject to a treatment in violation, inequitable application, misapplication or misinterpretation of a specific provision of this Agreement. As used in this Article, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practiceterm "employee" shall mean also a group of employees having the same grievance.
SECTION 2 Section 2. The purpose of this procedure is to secure, secure at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachersthe employees. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Section 3. Nothing contained herein contained will shall be construed as limiting the right rights of any teacher employee having a grievance complaint to discuss the matter informally with an any appropriate member of the administration and and, with the agreement of the individual employee, to have the grievance problem adjusted with or without intervention of the Association, provided the that any adjustment made is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its viewsAgreement
Section 4. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite . A grievance not initiated within the process. For grievances and arbitration specified time limits, "days" limits shall be defined as days deemed waived. Failure of the grievant to appeal a decision within the work year specified time limits will mean that the grievance is settled on the basis of the most recent disposition. Failure of the Board or its representatives to answer a grievance within the specified time limits will activate the time limits for teachers when students are in scheduled classesappealing the grievance to the next step. Finally, including part-days and exam days. The the time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out a prior written agreement of the acts which occurred prior respective parties or their representatives.
Section 5. Subject to the execution to this Agreement foregoing, all grievances must in all cases be processed in accordance with the steps, time limits and conditions herein set forth:
1. The employees shall be submitted present the grievance or dispute in writing to the Committee under Director of Student Services within ten (10) school days following the provisions of this Article. It is understood that any grievances pending at the conclusion date of the contract will remain operative in incident giving rise to the subsequent contract period unless settled in negotiationsgrievance.
2. A teacher may contact the Association at any time prior to or during Within 10 school days of receiving the grievance procedurein writing from the employee, the employee(s) and one Immediate Supervisor of the program as well as the Director of Student Services may confer on the grievance with a view of arriving at a mutually satisfactory resolution of the complaint. At the conference, the employee may present the grievance personally or he may be represented by a Union Representative, but where the employee is represented he must be present. Whenever a grievance is presented to the Immediate Supervisor by the employee personally, the Director shall give the Union representative the opportunity to be present.
SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived3. The Superintendent Immediate Supervisor shall attempt to adjust the matter and shall respond to the employee or designee will respond to the Union Representative who participated in writing within ten (10) school days after the conference described in Step One, #2 occurs.
1. If the grievance has not been settled, it may be appealed in writing to the Executive Director within five (5) school days after the response at Step One is due.
2. The appeal shall be in writing and shall set forth specifically the act or incident and the grounds on which the grievance is based.
3. The Executive Director may meet and confer with the aggrieved employee(s) and his or her union representative, if any.
4. Where the employee is not represented by the Union at this step, the Executive Director shall furnish the Association with a copy of the Level Two meeting.appeal from Step One, together with notice of the date of the conference. In such cases, the Union may be present
SECTION 7 5. The Executive Director shall respond to the employee or to the Union Representative(s) who participated within eight (8) school days after receiving the appeal. If there the decision of the Executive Director at Step two of the Grievance Procedure is a grievance which directly affects a group or class of teachers or is of a general natureunsatisfactory, only the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit arbitration as specified will mean that herein. The Association may submit the grievance to arbitration by giving the Executive Director written notice of such intention to appeal within ten (10) school days after the response under Step Two is due. This appeal to arbitration shall be considered settled on in accordance with the basis of the decision last made procedures and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits conditions set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.Article I.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION 1 For A grievance is a complaint, dispute or controversy in which it is claimed that either party has failed to comply with an obligation assumed by it under the purposes terms of this Agreement, and which involves either a grievance shall be defined as: Any complaint by dispute as to the facts involved, a teacher covered by this Agreement that:
(1) question concerning the teacher has been subject to a violationmeaning, inequitable applicationinterpretation, scope or misinterpretation of a specific provision application of this Agreement, or
(2) or both. The parties to this Agreement that the teacher has been subjected griev- ances shall be settled promptly and as close to an unfair or discriminatory act contrary the source as possible. Further, both parties will endeavour to established policy and practice.
SECTION 2 The purpose of this procedure is present all the facts relating to secure, the grievance at the lowest possible administrative level, equitable solutions first step in the grievance procedure. Grievances not presented to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent Company in keep- ing with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other documentlimits specified hereinafter, or record relating not carried to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days next step within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. The Superintendent or designee will respond in writing within ten (10) days abandoned and may not thereafter be raised except by mutual consent of the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group parties. Grievances not answered or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance an extension not initiated obtained within the time limits specified shall be deemed waived. Failure to be settled in favour of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the No complaint or grievance shall be considered settled on considered: which clearly usurps the basis function or rights of Management; where the circumstance giving rise to the complaint or grievance occurred or originated more than ten work- ing days prior to the filing of the complaint or grievance. EMPLOYEEGRIEVANCES Prior to submission of a grievance in writing, any employee who believes that he has a justifiable complaint shall discuss and attempt to settle it with his Foreperson with his Departmental ▇▇▇▇▇▇▇ being present. The Foreperson will make known his decision last made within one working day. This shall be deemed as Step No. 1 of the grievance procedure and shall must be adhered to. If an agreement cannot be eligible reached between the employee, ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇▇▇▇, the complaint may be treated as a formal grievance and appealed to Step No. The grievance shall be reduced to writing on forms supplied by the Union which shall also cite the clause(s) violated, dated and signed by the employee(s) concerned and the proper Union ▇▇▇▇▇▇▇. The Union Representative shall forward two copies to the Human Resources Department, one copy to the and one copy for further the Union files. It is agreed that the employee involved (i.e. the and the ▇▇▇▇▇▇▇ involved will be present at Step of the grievance procedure. Step Notice of appeal must be given in writing to the Human Resources Department within five working days from the date of the Foreperson’ decision. The Plant Manager or his designated representative with the Human Resources Manager or his designated representative will discuss and try to settle the grievance with the grievance committee within five working days after receiving the appeal. Failure A decision in writing shall be rendered within two working days after the meet- :--,-\ be appealed to Step It is agreed that the employee involved (i.e. the and the ▇▇▇▇▇▇▇ involved may elect to be present at Step of the School grievance procedure. Step Notice of Appeal must be given in writing to the Human Resources Department within five working days from the date of the written decision of the Plant Manager/Human Resources Manager. The Vice-President and the Regional Representative shall and attempt to settle the grievance with the Grievance Committee to answer an appeal and the Managers of the Plant and Human Resources within five working days after receiving the appeal. A decision in writing shall be rendered within two working days after the meeting(s) of this Step It is agreed that any of the time limit limits specified shall mean that the appeal in Article VI, Clause (Employee Grievances) may be taken to the next step immediately. The above limitations may be waived extended by mutual agreement between the parties. Such mutual agree- ment must be dated and signed by both the Company and Union representatives. It is agreed that the Union shall select up to three employees, one of who shall be chairman, and that these employees shall constitute the Union grievance committee. The Union also agrees to notify the Manager of Human Resources in writing of the parties.
SECTION 9 In names of the event a employees so selected and of any changes in said committee members. Any settlement reached in individual negotiations shall be consistent with the provisions of this Agreement and meet with the approval of the Union. Each of the parties hereto agrees that any grievance not satisfactorily settled after Step No. and if the grievance is filed on one which concerns an alleged violation or after June l whichmisinterpretation of this agreement, if left unresolved until may be referred to a Board of Arbitration at the beginning written request of either of the following school year could result parties as laid down in irreparable harm Article VII, Clause The foregoing pertains to grievances other than rate grievances. The procedure for settlement of rate grievances is in . which hereby forms a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end part of the school year or as soon thereafter as is practicablethis contract.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION 1 Section 1. For the purposes purpose of this Agreement, a grievance shall be defined as: Any complaint by a teacher covered by this the Agreement that:
that (1) the teacher he/she has been subject to a violation, inequitable application, or misinterpretation of a specific provision of this Agreement, or
Agreement or (2) the teacher he/she has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 Section 2. The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise arise, affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure. Consultation between the Association and the superintendent is encouraged as a means of resolving problems.
SECTION 3 Section 3. Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an any appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one Level 1 and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not presentLevel 1.
SECTION 4 Section 4. No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham Winthrop for any teacher involved in presenting such grievance.
SECTION 5 Section 5. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by prior mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to of this Agreement shall be submitted to the Committee under the provisions provision of this Article. It is understood that any grievances grievance pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 Section 6. If at the end of twenty the fifteen (2015) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One▇▇▇▇▇ ▇, as set forth below, the grievance shall be deemed to have been waived. The Superintendent Such time limit may be extended by mutual agreement.
Level 1. A teacher with a grievance will first discuss it with his/her principal or designee will respond immediate supervisor during non-teaching hours.
Level 2. If at the end of three (3) school days next following such presentation, the grievance shall not have been disposed of to the aggrieved’s satisfaction, the teacher may file with the president of the Association a written statement of the grievance. Such statement shall be reviewed with the teacher by the said president or his/her designee, and if after such review the teacher so desires, the grievance shall be presented in writing by the teacher to the superintendent or his/her designee within five (5) school days.
Level 3. If at the end of ten (10) school days next following presentation of the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that superintendent the grievance shall be considered settled on not have been disposed of to the basis satisfaction of the decision last made and shall not be eligible for further appeal. Failure teacher, the teacher may refer the grievance in writing to the chair of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.five
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION 1 For The Union and the purposes Employer agree that there shall be no strike, pick- eting, lock-out, tie-up, or legal proceedings without first using all pos- sible means of a settlement, as provided for in this Agreement or any Supplement, Rider or Addendum hereto, or any controversy which might arise under this Agreement, a grievance . The parties further agree that the words “legal proceedings” as used in this paragraph shall not be defined as: Any complaint by a teacher covered by this Agreement that:
(1) con- strued to prohibit the teacher has been subject Union or Employer from going to a violation, inequitable application, or misinterpretation court of a specific provision of this Agreement, or
(2) proper jurisdiction for an injunction against the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member other for breach of the administration and to have the no-strike, no-lockout, no tie-up, no picketing promises made herein. A grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity hereby jointly defined to be present at such adjustment above level one and to state its views. If the teacher so choosesany controversy, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, disputecom- plaint, misunderstanding, or difference between dispute arising as to interpretation, application or observance of any of the provisions of this Agree- ment or any Supplement, Rider or Addendum hereto. Grievance procedures may be invoked only by authorized Union or Employer representatives. In the event of any grievance, complaint, or dispute on the part of any employee, it shall be handled in the following manner, and a decision reached at any stage shall be final and binding on both parties. The grievance shall be discussed with the employee’s immediate supervisor or with the aggrieved employee and their shop ▇▇▇▇▇▇▇. If the grievance is not resolved within one (1) working day; It shall be the responsibility of the employee to reduce the griev- ance to writing on the regular grievance form provided by the union and have it submitted to the company within five (5) working days. Upon proper notification by the Employer to discipline an employ- ee, the employee shall have ten (10) calendar days to file a griev- ance in protest of the discipline taken. If the parties arising out of fail to reach a decision or agree upon a settlement in the acts which occurred prior to the execution to this Agreement matter, it shall be submitted to the State Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrenceUPS Joint Area Committee, whichever is laterapplicable, and docketed in accordance with established panel rules and procedures.
(a) The UPS Joint Area Committee shall be composed of United Parcel Service representatives from the following Local Unions: 7, 17, 20, 40, 41, 89, 90, 92, 100, 120, 135, 200, 215, 236, 238, 243, 245, 332, 337, 344, 346, 348, 377, 406, 407, 413, 455, 554, 637, 638, 651, 688, 696, 795, 823, 908, 957, and 964. The expense in- curred by the UPS Joint Area Committee shall be borne equally by all the Local Unions on a pro-rata basis for the Local Unions having cases docketed on the agenda and UPS operations which are cov- ered by this Agreement.
(b) In order that the UPS Joint Area Committee may operate quickly and efficiently, the grievance Union shall designate a person who may or may not have been presented at Level One, be a member of the UPS Joint Area Committee to serve as set forth below, the grievance shall be deemed to have been waivedSecre- tary. The Superintendent or designee will respond in writing within ten (10) days Secretary, if not a member of the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general natureUPS Joint Area Commit- tee, the Association may submit such a grievance shall have no voice in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made making decisions and shall not be eligible for further appeal. Failure of perform only the School Committee duties assigned to answer an appeal within him/her by the time limit specified shall mean that the appeal may be taken to the next step immediatelyUPS Joint Area Committee. The above limitations may be waived by mutual agreement of Secretary shall docket cases, prepare the parties.
SECTION 9 In the event agenda and mail a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted copy prior to the end scheduled meeting of the school year or as soon thereafter as is practicableUPS Joint Area Committee to each member of the Committee, the Employer, and Local Unions whose cases appear on the agenda. The Secretary shall attend the meeting to prepare and keep the minutes and mail copies to the mem- bers of the Committee and shall also mail copies of the decisions of the UPS Joint Area Committee, to all United Parcel Service represen- tatives and all Local Unions who are party to this Agreement.
SECTION 10 The School (c) A grievance to be heard by the UPS Joint Area Committee will, upon request, provide must be put in writing and submitted to the Association with copies of any documents in its possession including approved minutes Secretary thirteen (13) days before the meeting of the School UPS Joint Area Committee unless other- wise mutually agreed. The parties further agree that no grievance or grievances shall be discussed except those which may be necessary for have been received by the Association to process grievances under Secretary of the Agreement.UPS Joint Area Committee within thirteen
Appears in 1 contract
Sources: Supplemental Agreement
Grievances. SECTION 1 For the purposes of this Agreement, a grievance shall be defined as: Any complaint by a teacher covered by this Agreement that:
(1) the teacher has been subject to a violation, inequitable application, or misinterpretation of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting acknowledge the right of classified employees within the bargaining unit to file grievances and the protections provided any teacher having a grievance to discuss person filing such grievances and the matter informally with an appropriate member of the administration and to have the grievance adjusted without intervention of the Association, protection provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained unit represented by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made OSEA are encouraged to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under utilize the provisions of this Article. It is understood that Article without fear of any grievances pending at legally prohibited sanctions being imposed against said employee or any other person involved in the conclusion grievance procedure by reason of the contract will remain operative processing of such grievance. In an effort to resolve problems before they escalate, in a mutually acceptable and expeditious fashion, the subsequent contract period unless settled in negotiationsfollowing grievance procedure is agreed to: Definitions and Provisions: POLICY GRIEVANCE - a complaint by an employee or group of employees that she/he (or they) has (have) been treated inequitably by reason of any act or condition which is contrary to established employment relations, Board policy, or practice governing or affecting employees. A teacher may contact CONTRACT GRIEVANCE - a complaint by an employee or group of employees that there has been to him/her (or them) a violation of or incorrect interpretation of any provision(s) of the Association at any time prior to contract. AGGRIEVED OR GRIEVANT - the person or during persons who has (have) the grievance procedure.
SECTION 6 If at or is (are) presenting the end of twenty (20) days next following either complaint. IMMEDIATE SUPERVISOR - the occurrence of any grievance person who has direct administrative or supervisory responsibilities over the aggrieved or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. The Superintendent or designee will respond in writing within ten (10) days of the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said the grievance.
SECTION 8 A grievance not initiated within . EMPLOYEE - a classified employee in the time specified shall be deemed waivedbargaining unit. Failure REPRESENTATIVE - an Association or District designated person who may speak for and/or advise the party in interest. The Board acknowledges the right of the teacher filing aggrieved and/or the Association to have the Association grievance representative and/or Association legal counsel in the processing of the grievance at all levels and that no employee may be required to appeal a decision within the discuss any grievance without such representative or counsel. Any and all time limit limits specified will mean that in the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations procedure may be waived by mutual agreement of the parties.
SECTION 9 In . Failure by the event District to submit a grievance is filed on or after June l whichreply within the specified time limits shall permit the aggrieved to proceed to the next level. For purposes of this Article, if left unresolved until "working days" shall mean Monday through Friday, normal District business days. Grievances extending beyond the beginning of the following regular school year could result in irreparable harm to a party in interest, the time limits set forth herein will shall be reduced so that the grievance procedure may be exhausted prior to the end of the school year or processed as soon thereafter expediently as is practicablepossible until completed.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 1 contract
Sources: Master Agreement
Grievances. SECTION 1 - For the purposes of this Agreement, a grievance shall be defined as: Any complaint by a teacher paraeducator in the unit or the Association covered by this Agreement that:
(1) the teacher s/he has been subject to a violation, inequitable application, or misinterpretation specific violation of a specific provision of this Agreement, or
(2) the teacher has been subjected subject to an unfair or discriminatory act contrary to established policy or practice specifically approved by the School Committee. When filing a grievance, the paraeducator must state in writing the specific provision of the Agreement which is alleged to have been violated and practiceis being grieved.
SECTION 2 - The purpose of this procedure is to secureresolve, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachersgrievances as herein defined. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained - All documents, communications, and records dealing with the processing of a grievance will be construed as limiting filed separately from the personnel file of the participants.
SECTION 4 - Every para-educator shall have the right to bring matters of any teacher having a grievance personal concern, or grievances as herein defined to discuss the matter informally with an appropriate member attention of the administration and to have appropriate officials.
SECTION 5 - Any party in interest (i.e. the grievance adjusted without intervention of person or persons, including the Association, provided making the adjustment claim and any person who might be required to take action or against whom action might be taken to resolve the claim) may be represented at all stages of the grievance procedure by a person of their own choosing except that s/he may not be represented by a representative or an officer of any para-educator organization other than the Association or its affiliates. When a para-educator is not inconsistent with represented by the terms of this Agreement and that Association, the Association has been given shall have the opportunity right to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative views at all stages of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not presentprocedure.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 6 - Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by prior mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, misunderstanding or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.that
SECTION 6 If 7 - If, at the end of twenty twenty-one (2021) school days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is latergrievance, the grievance shall not have been presented in writing at Level One, as 1 set forth below, the grievance shall be deemed to have been waivedwaived if the action required to present it to the next level in the procedure shall not have been taken within the time specified therefore in this Article.
SECTION 8 - Subject to the foregoing, all grievances must be processed in accordance with the steps, time limits and conditions set forth below.
Level 1 The para-educator shall present the written grievance to their school Principal during their non teaching hours. The Superintendent or designee will respond Principal shall give their answer in writing within ten (10) school days. If the grievance is not satisfactorily settled at this step, it may be reduced to writing by the paraeducator fifteen (15) school days after receipt of the Level Two meeting.
SECTION 7 If there is Principal’s answer and be presented to the Superintendent of Schools. The Superintendent and/or their designee and the paraeducator, and if the paraeducator so elects, the President of the Association or their designee, shall meet to discuss the grievance within ten (10) school days after receipt of the written grievance. The Superintendent shall elect whether this discussion shall take place during working hours or not. In the event the Superintendent (or the Committee) elects to hold a grievance which directly affects a group or class of teachers or is of a general naturesession during working hours, the grievant, or parties in interest (including witnesses or representatives), will not have pay deducted for time so spent during school hours. The Superintendent or their designated representative shall give their written answer to the grievance within ten (10) school days following the conclusion of the meeting. All grievances at Level 2 shall be assigned an appropriate code number by the Association to facilitate proper processing at each level of the grievance procedure. If the grievance is not satisfactorily settled at this step, it may submit such a grievance be appealed in writing directly within fifteen (15) school days after receipt of the written answer of the Superintendent by the paraeducator to the level of administration having School Committee. The School Committee or its designated representatives and the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within paraeducator and if the time specified shall be deemed waived. Failure paraeducator so elects, counsel and/or authorized representatives of the teacher filing Association, shall meet to discuss the grievance to appeal as promptly as possible, normally within fifteen (15) school days, at a decision within time mutually agreed upon between the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure Chairman of the School Committee to answer an appeal within and the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement President of the parties.
SECTION 9 In Fitchburg Education Association. Either party reserves the event a grievance is filed on right to have such resource persons present at the hearing; but if any person or after June l which, if left unresolved until the beginning persons who are not members of the following school year could result in irreparable harm bargaining unit are to a party in interestrepresent the paraeducator at this meeting, the time limits set forth herein School Committee and the Association will be reduced so that informed in writing of the grievance procedure may be exhausted names and titles of such person or persons three (3) school days prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 meeting. The School Committee will, upon request, provide or its designated representative shall elect whether this discussion shall take place during working hours. If the Association with copies of any documents Committee plans to have counsel or a person not in its possession including approved minutes the employ of the School Department present, it will so notify the paraeducator or the Association in writing three (3) school days before the hearing. The School Committee which will give its written answer to the grievance within ten (10) school days following the conclusion of the meeting. If no satisfactory settlement of the grievance is made, it may be necessary for appealed to arbitration by written notice of such intention to appeal within twenty (20) school days after the Association receipt of the written answer under Level 3. No matter will be referred to process grievances under arbitration without the Agreementapproval of the Association. This appeal to arbitration shall be in accordance with the procedures and conditions set forth in Article VIII.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION 1 For the purposes of this Agreement, a grievance shall be defined as: Any complaint by a teacher covered by this Agreement that:
(1) the teacher has been subject to a violation, inequitable application, or misinterpretation of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure section is to secureestablish procedures for discussion, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept procedures and settlement as informal and confidential as may be appropriate at any level defined in Section of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right Article. Grievance shall mean a complaint or claim of any teacher having a grievance to discuss the matter informally with an appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present alleged unjust discipline or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other documentdis- charge, or record relating to involving any grievance shall be filed in the personnel file maintained by the School Department matter of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstandinginter- pretation or application of, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under compliance with, the provisions of this ArticleAgreement. It Nothing will be deemed a grievance until the cause for complaint has been verbally discussed by the employee with his super- visor with his grievance man present. Unless extended by a mutual agreement a grievance by a worker must be filed within five days of the worker’s knowledge of the alleged STEP The grieving employee shall present his written grievance, signed by the the Grievance Representative, and the Union President to the Supervisor personally. The written grievanceshall be answered in writing within days after being presented. STEP If the grievance is understood that any grievances pending not satisfac- torily adjusted at the conclusion first step, one or more members of the contract will remain operative Grievance Commit- tee shall present the grievance in writing to the Superintendent personally, who shall render a decision in writing within three working days. STEP If the grievance is not satisfac- torily adjusted at the second step, the Union Grievance Committee shall present the grievance in writing to the Director of Manufacturing who shall render a decision in writing within five working days. The Union’s Representative may partici- ▇▇▇▇ in the subsequent contract period unless settled discussion if his assistance is requested by the Grievance Committee or the Director of Manufacturing. If a satisfac- tory decision is not reached at the third step, the matter in negotiationsdispute may, at the request of either party, be submitted to Arbitration. A teacher grievance which the Grievance Commit- tee does not feel pertains to the Supervisor or Superintendent, may contact be presented personally to the Association Personnel Manager by the Grievance Committee and he shall notify the Grievance Committee within three working days at any time prior to or during which step of the grievance procedure.
SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, procedure the grievance shall be deemed to have been waived. The Superintendent or designee will respond in writing within ten (10) days of the Level Two meetingstarted.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 1 contract
Sources: Collective Agreement
Grievances. SECTION 1 For It is the purposes mutual desire of the Board and the Local Bargaining Unit that all grievances be settled as fairly and as promptly as possible. Time Limits The time limits in this Agreement, a Article are mandatory except as noted in Article Definition A grievance shall be defined as: Any complaint by as a teacher covered by this Agreement that:
(1) the teacher has been subject to a violation, inequitable application, or misinterpretation of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out relating to the interpretation, application, administration, or alleged contravention of the acts which occurred prior collective agreement, including a question as to whether the matter is arbitrable. grievance may be brought by a teacher, a group of teachers, the local Bargaining Unit or the Board. The shall be accompanied at all steps of the grievance by a representative appointed by the Local Bargaining Unit executive. Complaint Any teachers who feel they may have a grievance according to Article shall, where it is appropriate with respect to the execution matter which is the subject of the grievance, first discuss this complaint with their principal and a representative appointed by the Local Bargaining Unit executive. Teachers not directly responsible to this Agreement a principal shall proceed to Step One. Failing resolution following discussions as per Article the complaint may then be grieved in the following manner: Step One A grievance shall be submitted in concise written form to the Committee under Superintendent of Human Resources, or in the provisions event of this Article. It is understood that any grievances pending at a grievance by the conclusion Board, to the Local Bargaining Unit representativewithin twelve (12) working days of the contract will remain operative becoming aware of the circumstances giving rise to the grievance. The written submission shall include the circumstances giving rise to the grievance, the clause or clauses of the Collective Agreement, which are alleged to have been breached, and the remedy sought. A meeting shall be held between the and the Superintendent of Human Resources or designate within five (5) working days from the receipt of the grievance. The Superintendent of Human Resources shall have five (5) working days from the meeting in which to make a written reply. If the parties fail to meet in the subsequent contract period unless settled in negotiationstime permitted for the meeting or failing settlement following the meeting and the time permitted for a reply, the matter may be processed to Step Two. Step Two A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty meeting shall be held within five (205) days next to attempt to settle the grievance. The may attend the meeting between a representatives appointed by the Local Bargaining Unit executive and a Board representative or representatives. The Board shall have five (5) working days in which to make a written reply. If the parties fail to meet in the time permitted for the meeting or failing settlement following either the occurrence of any grievance or meeting and the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is latertime permitted for a reply, the matter may be processed to Step Three. Step Three The grievance shall may be submitted to arbitration within ten (1O) working days of the failure to settle at Step Two. Any grievance not have been presented at Level One, as set forth below, processed within the grievance time limits specified in this Grievance Procedure or in accordance with the arbitration provisions specified below shall be deemed to have been waivedsettled and ineligible for such arbitration. The Superintendent grievance may be referred to arbitration by the Association or designee will respond the Board. If the Board or the Association that a grievance be submitted for arbitration, such party shall make the request in writing addressed to the other party to this Agreement, and at the same time nominate an arbitrator. Within five (5) working days thereafter, the other party shall nominate an arbitrator and notify the first party. The two arbitrators nominated shall, within ten five (105) working days of the Level Two meeting.
SECTION 7 nomination of the latter of them, attempt to select by agreement a third person to be a member and chairperson of the Arbitration Board. If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit they are unable to agree on such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean chairperson, they may request that the grievance shall be considered settled on the basis Ministry of the decision last made and shall not be eligible for further appealLabour appoint a chairperson. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on of default by either party in nominating its representative to the Arbitration Board, the other party may apply to the Ministry of Labour which shall have the power to effect such appointment. No person may be appointed as an arbitrator who has been involved in any attempt to negotiate or after June l whichsettle the grievance. The Arbitration Board shall not have jurisdiction to amend, if left unresolved until the beginning modify, ignore or add to any of the following school year could result provisions of this Agreement, or to substitute any new provisions in irreparable harm lieu thereof, nor to a party give any decision inconsistent with the terms and provisions of this Agreement. No matter may be submitted to arbitration which has not been properly carried through the Grievance Procedure. Both parties may agree in interest, writing to extend the time limits set forth herein fixed in both the Grievance and Arbitration Procedures. The decision of the majority of the Arbitration Board will be reduced so final and binding upon the parties hereto and if there is no majority decision, the decision of the chair will be final and binding upon the parties thereto. Each of the parties will bear the expense of the Arbitrator appointed by it, and the parties 'willjointly bear the fees and expenses of the chairperson of the Arbitration Board. The parties may agree in writing, to the appointment of a sole arbitrator for any grievance. Notwithstanding the process above for selecting the members of a board of arbitration, in the event that the grievance procedure may be exhausted prior parties agree to a sole arbitrator, the end parties shall within five (5) working days of the school year or as soon thereafter as is practicableagreement to proceed with a sole arbitrator, attempt to select, by agreement, the arbitrator. If they are unable to agree on such an arbitrator, they may request that the Ministry of Labour appoint the arbitrator.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 1 contract
Sources: Collective Agreement
Grievances. SECTION 1 For 1. A grievance must be presented in writing to the purposes other party within forty-five (45) calendar days from the date of this Agreement, knowledge of the facts upon which the grievance is based by the party submitting the grievance.
2. If a grievance is alleged by the District, it shall be defined as: Any complaint presented in writing to the Union and, if appropriate, to the affected employee.
3. If a grievance is alleged by a teacher an employee covered by this Agreement that:
(1) the teacher has been subject to a violation, inequitable applicationcontract, or misinterpretation by the Union, it shall be presented to the Transportation Manager or the Superintendent of Transportation. After submission of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth belowabove, the parties shall meet promptly, and in any event within fifteen (15) calendar days from receipt thereof, unless the time is extended by mutual written agreement of the parties. The first level hearing may be waived by mutual consent.
4. At the completion of the grievance hearing, a written decision of such hearing shall be deemed rendered within fifteen (15) calendar days and copies furnished to the Union and the employee. Failure of the Transportation Manager to render a decision within the time specified shall result in an automatic decision in favor of the grievant. If the grievant is dissatisfied with the decision rendered by either the Transportation Manager or Superintendent of Transportation, they shall have been waivedthe right to appeal through the Union President, to the Bus Transit Manager or the Bus Transit Manager’s duly authorized representative. Appeals shall be filed within fifteen (15) calendar days after the Union is notified of the decision.
5. Grievance hearings on appeal shall be held within fifteen (15) calendar days after receipt of demand, unless they are continued through mutual consent. The Superintendent or designee will respond in writing hearing officer shall make a decision on the appeal within ten (10) calendar days of the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure conclusion of the teacher filing hearing, and notify the Union and the affected employee of the same. Employees who are required by the District to attend investigations, grievance meetings or hearings will be reimbursed for lost time. Any employee or employees ultimately found to appeal a decision within be entitled to reinstatement upon the time limit specified will mean that resolution of the grievance shall be considered settled on the basis reinstated with no loss of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the partiespay.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 1 contract
Sources: Memorandum of Understanding
Grievances. SECTION Section 1 For the purposes of this Agreement, a grievance shall be defined as: Any complaint by a teacher covered by this Agreement that:
(1) the teacher has been subject to a violation, inequitable application, or misinterpretation as an alleged violation of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION Section 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems alleged grievances, which may from time to time arise affecting the welfare or working conditions of teachersarise. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION Section 3 All documents, communications, and records dealing with the processing of a grievance will be filed separately from the personnel file of the participants.
Section 4 Nothing herein contained will shall be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an any appropriate member of the administration Administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one Level 1 and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant Level 1.
Section 5 Any party in interest (i.e., the person or persons, including the Association, making the claim and any person who might be required to take action or against whom action might be taken to resolve the claim) may be represented at all stages of the grievance procedure by a person of the teacher's own choosing, except that the teacher may not elect to have anyone be represented by a representative or an officer of any teacher organization other than the exclusive bargaining representative Association or its affiliates. When a teacher is not represented by the Association, the Association shall have the right to be present or and to represent him/her during the grievance/arbitration procedure without the express written consent state its views at all stages of the Associationgrievance procedure except at Level 1. The Association must A class action grievance (defined as a grievance which affects a group or class of employees) may be notified filed directly at Level 2 of the outcome of any level one grievance at which an Association representative is not presentprocedure.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Section 6 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by prior mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between any matter in the parties arising out process of being grieved at the time this Agreement is signed shall continue to be processed and settled in conformity with the procedures and terms of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedureprevious Agreement.
SECTION 6 If Section 7 If, at the end of twenty ten (2010) school days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is latergrievance, the grievance shall not have been presented in writing at Level One, as One set forth below, the grievance shall be deemed to have been waived, and any grievance in course under such procedure shall also be deemed to have been waived if the action required to present it to the next level in the procedure shall not have taken place within the time specified therefore in this Article.
Section 8 The Association, through its officers, may initiate action on behalf of a group of grievants.
Section 9 No reprisals of any kind will be taken by the Superintendent or by any member of the administration against any party of interest, any school representative, or any other participants in a grievance by reason of such participation.
Section 10 Subject to the foregoing, all grievances must be processed in accordance with the steps, time limits, and conditions set forth below.
Level 1: The teacher/Association shall present the grievance in writing during the teacher's non-teaching hours to the teacher's school principal. The grievance shall explicitly cite the section(s) of the Agreement alleged to have been violated as well as a description of how the section allegedly was violated. The principal shall give an answer in writing within five (5) school days. If the grievance is not satisfactorily settled at this step, it may Level 2: Be appealed in writing by the teacher/Association within five (5) school days after receipt of the principal's answer and be presented to the Superintendent of Schools. The Superintendent and/or the Superintendent's designee and the teacher/Association, and if the teacher so elects, the president of the Association and/or the president's designee, shall meet to discuss the grievance within five (5) school days after receipt of the written grievance. The Superintendent shall elect whether this discussion shall take place during working hours or not. In the event the Superintendent (or the Committee) elects to hold a grievance session during working hours, the grievance or parties in interest (including witnesses or representatives) will not have any pay deducted for time spent during school hours. The Superintendent or designee will respond the Superintendent's designated representative shall give a written answer to the grievance within five (5) school days following the conclusion of the meeting. If the grievance is not satisfactorily settled at this step, it may Level 3: Be appealed in writing within five (5) school days after receipt of the written answer of the Superintendent by the teacher/Association to the Committee. The Committee or its designated representatives and the teacher, and if the teacher so elects, representatives of the Grievance Committee shall meet to discuss the grievance as promptly as possible, normally within fifteen (15) school days, at a time mutually agreed upon between the Chairperson of the Committee and the President of the Association. If any person or persons are to represent the teacher at this meeting, the Committee and the Association will be notified within twenty-four (24) hours before the meeting of the names and titles of such persons. The Committee or its designated representatives shall elect whether this discussion shall take place during working hours. If the Committee plans to have counsel or a representative present, it will so notify the Chairperson of the Grievance Committee within twenty-four (24) hours of the hearing. The Committee will give its written answer to the grievance within five (5) school days following the conclusion of the meeting, or within five (5) school days of the next Committee meeting that follows the grievance meeting. If no satisfactory settlement of the grievance is made, it may Level 4: Be appealed to arbitration by filing notice of such appeal with the American Arbitration Association within ten (10) school days after the receipt of the written answer under Level Two meeting3. No matter will be referred to arbitration without the approval of the Association. This appeal to arbitration shall be in accordance with the procedure and conditions set forth in Article V (Arbitration).
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 Section 11 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance Association to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School principal, the Superintendent, or the Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In . During the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interestsummer months, the time limits set forth herein will term “school days” shall be reduced so that the grievance procedure may be exhausted prior interpreted to the end of the school year or as soon thereafter as is practicablemean business days.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION 1 For The parties recognize the purposes value of informal discussions between employees and their supervisors to the end that problems might be resolved without recourse to a formal grievance. When an employee, within the time limits prescribed in stage gives notice that he wishes to take advantage of this clause, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits. Employeeswho feel themselves to be aggrieved by the interpretation of alleged violation of the provisions of this Agreement, shall have the right to present a formal written grievance in keeping with the following procedure: Employees shall have the right to discuss with and settle through the Supervisor concerned any complaints they may have. Employees will have fifteen (15) days in which to submit a grievance from the day on which they first became aware of the action or circumstances giving rise to the grievance. Employees shall state the precise nature of the grievance, the of the CollectiveAgreement of which the interpretation is in dispute or which is alleged to have been violated, and the redress sought. The Director, Patron Services, or designate, shall be defined as: Any complaint by the Employer's representative authorized to deal with Grievances at Stage The designated manager shall forward a teacher covered by this Agreement that:
(1) the teacher has been subject to a violation, inequitable application, or misinterpretation of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions written reply to the problems which grievance by hand or by registered mail, with a copy to the ▇▇▇▇▇▇▇, the President of the Local and the National Component of the Alliance within ten days of the receipt of the grievance. The Director Patron Services or his Delegate may from time request to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance meeting take place to discuss the matter informally with an appropriate member grievance. In such cases a meeting shall be scheduled within a period of ten (1O) days of the administration and to have the grievance adjusted without intervention receipt of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may for the reply will commence only the day that the meeting is held. Employees may, if they so desire, be extended only assisted or represented by mutual agreementthe Alliance. It is understood Failing a satisfactory settlement at Stage employees will have twelve (12) days in which to submit grievances to Stage from the date on which the reply at Stage was delivered or postmarked by registered mail or was due, provided that the support of and agreed that no grievance, dispute, misunderstandingrepresentation by the Alliance has been obtained. The Director General, or difference between designate, shall be the parties arising out at Stage representative authorized to deal with grievances The Director General, or designate, shall schedule a hearing within the prescribed time limits, and the hearing shall be scheduled within a period of nine (9) days following receipt of the acts which occurred prior submission to Stage The time limits for the written reply at Stage will only commence from the day that the hearing is held. The Director General or designate shall forward a written reply, by hand or by registered mail, with a copy to the execution to this Agreement shall be submitted to ▇▇▇▇▇▇▇, the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion President of the contract will remain operative in local and the subsequent contract period unless settled in negotiations. A teacher may contact National Component of the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty Alliance, within nine (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. The Superintendent or designee will respond in writing within ten (109) days of the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general naturehearing at Stage Where the Corporation discharges an employee, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents set forth in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.Clause applies except that:
Appears in 1 contract
Sources: Collective Agreement
Grievances. SECTION 1 1. For the purposes of this Agreement, a grievance shall be defined as: Any as any complaint by a teacher any Employee covered by this Agreement that:
(1) the teacher that s/he has been subject subjected to a violation, inequitable application, violation or misinterpretation of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 2. The purpose of this procedure is to secure, secure at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or of working conditions of teachersthe Employees. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 3. Nothing contained herein contained will shall be construed as limiting the right rights of any teacher Employee having a grievance complaint to discuss the matter informally with an any appropriate member of the administration and to have the grievance problem adjusted without intervention of the AssociationUnion, provided the provided, however, that any such adjustment is not inconsistent shall be consistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its viewsAgreement. If the teacher Employee so chooses, a representative of the Association Union may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent adjustment of the Associationcomplaint. The Association must be notified Only those unresolved complaints that directly relate to a violation or misinterpretation of a specific provision of this Agreement are subject to the outcome of any level one grievance at which an Association representative is not presentprocess.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 4. Since it is important that grievances the grievance be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out a prior express agreement of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Articlerespective parties or their representatives.
5. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during If the grievance procedure.
SECTION 6 If has not been properly presented at Level One at the end of twenty ten (2010) working days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrencegrievance, whichever is later, the grievance shall not have been presented at Level One, as set forth below, then the grievance shall be deemed to have been settled, or waived. The Superintendent or designee will respond in writing within ten (10) days of the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appealaction. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l whichFurthermore, if left unresolved until the beginning of the following school year could result in irreparable harm grievant does not adhere to a party in interest, the time limits set forth herein will be reduced so that at each level of the grievance procedure may process, then the grievance shall be exhausted prior deemed settled, or waived, and shall not be eligible for further action.
6. If the Employer or Administrator fails to adhere to the end of time limits at any level in the school year or as soon thereafter as is practicablegrievance process, then the grievance shall be considered to be denied at that level, and the grievant may submit the grievance in writing, within the required time limit, to the appropriate Administrator at the next level in the process.
SECTION 10 7. Subject to the foregoing provisions of this Article, all grievances must in all cases be processed in accordance with the levels, time limits, and conditions herein set forth: The School Committee will, upon request, provide grievant shall present the Association with copies of any documents in its possession including approved minutes of grievance to the School Committee which may be necessary for the Association to process grievances under the Agreement.appropriate immediate supervisor within ten
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION 1 For (a) It is the purposes mutual desire of the Employer and the Union that all complaints and grievances shall be resolved as quickly as possible. The parties also agree that it is desirable to resolve differences amicably and informally if possible, and that Employees and Supervisors should try to do so before matters become formal grievances.
(b) All meetings at which grievances are processed shall be held in camera.
(c) Employees who are covered by this Agreement, a Agreement shall be required to follow the procedures laid down in this Article and any Employee who appeals directly to any Trustee or official of the Employer shall thereby forfeit all rights under this Article.
(d) A grievance shall be defined as: Any complaint by a teacher covered by this Agreement that:
(1) the teacher has been subject to a violation, inequitable application, or misinterpretation of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties differences arising out of the acts which occurred prior interpretation, application, administration or alleged violation of the Collective Agreement including any question as to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. whether a matter is arbitrable.
(e) It is understood that any grievances pending the same person will not hear the grievance at the conclusion more than one step of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If (f) A copy of all grievance replies shall be forwarded to the Executive Superintendent of Human Resources Services or his/her designate, and the President and Chief ▇▇▇▇▇▇▇ of the Union at all steps.
(a) In the end event of twenty a grievance by an Employee, the Employee shall take the matter up with the Employer within and not after ten (2010) working days next following either after the occurrence Employee became aware of any the incident or circumstances giving rise to the grievance. The grievor is entitled to be present at all steps in the Grievance Procedure.
(b) A policy grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the group grievance shall be deemed taken up within and not after ten (10) working days of the Union/Employee(s) becoming aware of the incident or circumstances giving rise to have been waivedthe grievance. A grievance filed by a group of Employees or a policy grievance of the Union shall be taken up at Step 2 of the Grievance Procedure.
(c) A grievance concerning a layoff by reason of a redundancy in the work force may be taken up at Step 3 of the Grievance Procedure.
12.03 The following procedure shall be adhered to in processing grievances, save as otherwise provided in this Article:
STEP 1 The Employee shall take the matter up with the Employee’s immediate Supervisor. The Superintendent or designee will respond Employee may, if desired, be accompanied by a Union ▇▇▇▇▇▇▇. The immediate Supervisor shall have three (3) working days within which to reply in writing to the grievance.
STEP 2 If the Step 1 reply is not satisfactory to the Employee, the ▇▇▇▇▇▇▇ or the Chief ▇▇▇▇▇▇▇/Deputy Chief ▇▇▇▇▇▇▇ may, within and not after ten (10) working days of the receipt of the reply, advise the appropriate Department Manager or designate of their intent to proceed to Step 2. Should there not be a Department Manager , the Manager of Human Resource Services or designate shall be so advised. The Manager or designate shall hear the grievance within ten (10) working days of the Level Two meetingreceipt of the notice and shall give his/her reply in writing within five (5) working days following the hearing. A grievance at Step 2 shall be in writing, shall contain a concise statement of the facts complained of, redress sought and be signed by the Employee and the ▇▇▇▇▇▇▇ or Chief ▇▇▇▇▇▇▇.
SECTION 7 STEP 3 If there the Step 2 reply is a grievance which directly affects a group or class of teachers or is of a general naturenot satisfactory, the Association ▇▇▇▇▇▇▇ or Chief ▇▇▇▇▇▇▇/Deputy Chief ▇▇▇▇▇▇▇ may submit such a grievance in writing directly to within and not after ten (10) working days of the level receipt of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated reply (or if no decision is received within the time specified shall be deemed waived. Failure of the teacher filing limits established in Step 2 submit the grievance to appeal the Executive Superintendent of Human Resource Services or designate. Within ten (10) working days the Executive Superintendent of Human Resource Services or designate shall hear the grievance and shall render a written decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.ten
Appears in 1 contract
Sources: Collective Agreement
Grievances. SECTION 1 For Section 1. A grievance is hereby defined as an actual dispute between the purposes of this Agreement, a grievance shall be defined as: Any complaint by a teacher city and the union or an employee covered by this Agreement that:
(1) agreement concerning only the teacher has been subject to a violation, inequitable application, meaning or misinterpretation interpretation of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement agreement as they affect the members of the Union or said employees.
(a) All discipline, reprimands, suspensions and that discharges shall be for just cause only.
(b) Disciplinary reprimands, both oral and written, may be grieved pursuant to the Association has been given provisions hereof, but such reprimands may not be referred to arbitration as provided in Section 7 hereof; as to such reprimands, the opportunity decision of the City Manager is final. All other disciplinary actions are subject to the provisions of this Article, as modified by this section.
(c) Suspensions, and discharges, may be grieved pursuant to the provisions hereof, including binding arbitration, and in lieu of any proceedings otherwise available before the Civil Service Commission. In such cases, it shall be unnecessary to file said grievance pursuant to Sections 4 and 5 hereof, the notice to the City Manager's Office provided for herein being sufficient to give the arbitrator jurisdiction of the matter, and said time limits herein provided being the only such limits regarding notice of intent to arbitrate required to be present at met by such adjustment above level one and employee, any provisions of Section 8 to state its viewsthe contrary notwithstanding. If In order to exercise the teacher so choosesoption provided for hereunder to refer a matter to an arbitrator rather than the Civil Service Commission, or to have an arbitrator adjudicate a suspension not within the jurisdiction of the Civil Service Commission, an employee must file with the City Manager's Office, in writing, a representative notice that such employee wishes such suspension or discharge to be referred to arbitration, which arbitration shall be conducted pursuant to the provisions of this Chapter except where expressly modified by the provisions hereof. Such a notice must be filed not later than the end of the Association may fifth business day following the notice to the employee of the discipline to be present at level oneimposed. The grievant may not elect Failure to file such a notice within the time limits provided herein shall constitute a waiver of the right of such employee to have anyone other than said matter arbitrated, and any disciplinary proceedings initiated following such failure to file such notice, if any are required, shall be pursuant to the exclusive bargaining representative present Civil Service law. A decision by either the Civil Service Commission or to represent him/her during the grievance/arbitration procedure without the express written consent an arbitrator shall preclude consideration of the Association. The Association must be notified of same matter by the outcome of any level one grievance at which an Association representative is not presentother.
SECTION 4 No written communication, other document, (d) The filing of a grievance or record relating a notice of intent to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee arbitrate under the provisions of this ArticleArticle precludes the employee from any other review, appeal or hearing otherwise available or required by law, unless expressly permitted herein.
Section 3. It No arbitration order or award entered under the provisions hereof may limit or interfere with the powers, duties and responsibilities vested in the City Council under applicable State law.
Section 4. The Union or any employee covered by this Agreement shall first attempt to resolve any grievance orally with the appropriate battalion or division chief. The battalion or division chief will attempt to resolve the dispute whenever possible, and if not settled, state reasons why such was not possible. Grievances settled at this level are not precedent for future grievances.
Section 5. A Battalion Chief shall respond to the Union’s grievance within five (5) business days. If the Union is understood that any grievances pending at not satisfied with the conclusion particular battalion or division chief's response, the written grievance may be filed with the Fire Chief. The grievance shall state in simple and concise terms the nature of the contract will remain operative dispute and shall specify the portion of the Agreement which the Union or the employees feels is being violated. The Fire Chief shall meet with two (2) representatives within ten (10) business days after receiving the grievance. The Fire Chief shall give said officer's response in the subsequent contract period unless settled in negotiationswriting within five (5) business days thereafter. A teacher may contact "business day", for the Association at purposes of this Article, shall be any time prior to or during day on which the grievance procedureCity's Administrative Offices are open and conducting business.
SECTION 6 Section 6. If at the end of twenty (20) days next following either union is not satisfied with the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is laterFire Chief's response, the written grievance shall may be referred to the City Manager within five (5) business days after the Fire Chief's decision.
Section 7. If the union is not have been presented at Level One, as set forth belowsatisfied with the City's response, the written grievance shall and the City's responses may be deemed referred to have been waived. The Superintendent or designee will respond arbitration by so notifying the City Manager's Office in writing within ten (10) days of after the Level Two meetingCity Manger's decision.
SECTION 7 If there is Section 8. The arbitrator shall have no authority to amend, modify, nullify, ignore, add to or subtract from the provisions of this agreement. He shall only consider and make a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly decision with respect to the level of administration having the appropriate specific issue submitted to him in writing, and shall have no authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal make a decision within as to any other issue not so submitted to him or as to any issue not covered by the time limit specified will mean that the grievance shall be considered settled on the basis terms of the decision last made and shall not be eligible for further appealthis agreement. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event that the arbitrator finds a grievance is filed on or after June l which, if left unresolved until the beginning violation of the following school year could result in irreparable harm terms of this agreement, he shall fashion an appropriate remedy within the limits provided herein. The arbitrator shall have no power to make a party in interest, the time limits set forth herein will be reduced so decision that the grievance procedure may be exhausted prior is contrary to the end laws of the school year State of Illinois or as soon thereafter as is practicable.
SECTION 10 the United States. The School Committee will, upon request, provide arbitrator shall submit his written decision to the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.parties within thirty
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION 1 For the purposes of this Agreement, a grievance shall be defined as: Any complaint by a teacher an employee covered by this Agreement that:
(1) the teacher that he or she has been subject to a treatment in violation, inequitable application, misapplication or misinterpretation of a specific provision of this Agreement. As used in this Article, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practiceterm "employee" shall mean also a group of employees having the same grievance.
SECTION 2 Section 2. The purpose of this procedure is to secure, secure at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachersthe employees. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Section 3. Nothing contained herein contained will shall be construed as limiting the right rights of any teacher employee having a grievance complaint to discuss the matter informally with an any appropriate member of the administration and and, with the agreement of the individual employee, to have the grievance problem adjusted with or without intervention of the Association, provided the that any adjustment made is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its viewsAgreement
Section 4. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite . A grievance not initiated within the process. For grievances and arbitration specified time limits, "days" limits shall be defined as days deemed waived. Failure of the grievant to appeal a decision within the work year specified time limits will mean that the grievance is settled on the basis of the most recent disposition. Failure of the Board or its representatives to answer a grievance within the specified time limits will activate the time limits for teachers when students are in scheduled classesappealing the grievance to the next step. Finally, including part-days and exam days. The the time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out a prior written agreement of the acts which occurred prior respective parties or their representatives.
Section 5. Subject to the execution to this Agreement foregoing, all grievances must in all cases be processed in accordance with the steps, time limits and conditions herein set forth:
1. The employees shall be submitted present the grievance or dispute in writing to the Committee under Director of Student Services within ten (10) school days following the provisions of this Article. It is understood that any grievances pending at the conclusion date of the contract will remain operative in the subsequent contract period unless settled in negotiationsincident giving rise to the
2. A teacher may contact the Association at any time prior to or during Within 10 school days of receiving the grievance procedurein writing from the employee, the employee(s) and one Immediate Supervisor of the program as well as the Director of Student Services may confer on the grievance with a view of arriving at a mutually satisfactory resolution of the complaint. At the conference, the employee may present the grievance personally or he may be represented by a Union Representative, but where the employee is represented he must be present. Whenever a grievance is presented to the Immediate Supervisor by the employee personally, the Director shall give the Union representative the opportunity to be present.
SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived3. The Superintendent Immediate Supervisor shall attempt to adjust the matter and shall respond to the employee or designee will respond to the Union Representative who participated in writing within ten (10) school days after the conference described in Step One, #2 occurs.
1. If the grievance has not been settled, it may be appealed in writing to the Executive Director within five (5) school days after the response at Step One is due.
2. The appeal shall be in writing and shall set forth specifically the act or incident and the grounds on which the grievance is based.
3. The Executive Director may meet and confer with the aggrieved employee(s) and his or her union representative, if any.
4. Where the employee is not represented by the Union at this step, the Executive Director shall furnish the Association with a copy of the Level Two meeting.appeal from Step One, together with notice of the date of the conference. In such cases, the Union may be present
SECTION 7 5. The Executive Director shall respond to the employee or to the Union Representative(s) who participated within eight (8) school days after receiving the appeal. If there the decision of the Executive Director at Step two of the Grievance Procedure is a grievance which directly affects a group or class of teachers or is of a general natureunsatisfactory, only the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit arbitration as specified will mean that herein. The Association may submit the grievance to arbitration by giving the Executive Director written notice of such intention to appeal within ten (10) school days after the response under Step Two is due. This appeal to arbitration shall be considered settled on in accordance with the basis of the decision last made procedures and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits conditions set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.Article I.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION 1 Section 1. For the purposes purpose of this Agreement, a grievance shall be defined as: Any complaint by a teacher covered by this the Agreement that:
that (1) the teacher he/she has been subject to a violation, inequitable application, or misinterpretation of a specific provision of this Agreement, or
Agreement or (2) the teacher he/she has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 Section 2. The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise arise, affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure. Consultation between the Association and the superintendent is encouraged as a means of resolving problems.
SECTION 3 Section 3. Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an any appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one Level 1 and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not presentLevel 1.
SECTION 4 Section 4. No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham Winthrop for any teacher involved in presenting such grievance.
SECTION 5 Section 5. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by prior mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to of this Agreement shall be submitted to the Committee under the provisions provision of this Article. It is understood that any grievances grievance pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 Section 6. If at the end of twenty the fifteen (2015) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One▇▇▇▇▇ ▇, as set forth below, the grievance shall be deemed to have been waived. The Superintendent Such time limit may be extended by mutual agreement.
Level 1. A teacher with a grievance will first discuss it with his/her principal or designee will respond immediate supervisor during non-teaching hours.
Level 2. If at the end of three (3) school days next following such presentation, the grievance shall not have been disposed of to the aggrieved’s satisfaction, the teacher may file with the president of the Association a written statement of the grievance. Such statement shall be reviewed with the teacher by the said president or his/her designee, and if after such review the teacher so desires, the grievance shall be presented in writing by the teacher to the superintendent or his/her designee within five (5) school days.
Level 3. If at the end of ten (10) school days next following presentation of the grievance in writing to the superintendent the grievance shall not have been disposed of to the satisfaction of the teacher, the teacher may refer the grievance in writing to the chair of the School Committee within five (5) school days. The Committee or its designated representative and the teacher and, if the teacher so elects, counsel and/or an authorized representative of the Association shall meet to discuss the grievance as promptly as possible, normally within fourteen (14) school days at a time mutually agreed upon by the chair of the School Committee and the president of the Teachers’ Association. If any person or persons are to represent the teacher at this meeting, the School Committee will be informed in writing prior to three (3) school days before the meeting of the titles and names (if possible) of such person or persons anticipated. The School Committee or its designated representative shall elect whether this discussion shall take place during working hours. The School Committee will give its written answer to the grievance within ten (10) school days following the conclusion of the meeting. If no satisfactory settlement of the grievance is made, it may Level Two meeting4. Be appealed to arbitration by written notice of such intention to appeal within ten (10) school days after the receipt of the written answer under Level 3. This appeal to arbitration shall be in accordance with the procedure and conditions set forth in Article VII.
SECTION 7 Section 7. If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance. If appropriate, an individual grievance may be filed directly at the lowest level of the administration having the appropriate authority to resolve the grievance.
SECTION 8 Section 8. A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 Section 9. In the event a grievance is filed on or after June l 1, which, if left unresolved until the beginning of the following school year year, could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable. For grievances being processed during the summer, the time limits stated in terms of school days will be interpreted as referring to regular workdays (Monday through Friday, exclusive of any legal holidays).
SECTION 10 Section 10. The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the this Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION 1 For Failing settlement under the purposes foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether the matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If arbitration is to be invoked, the request for arbitration must be made in writing within fifteen (15) days after the decision at Step is given. When either party requests that a grievance be submitted to arbitration, it shall be defined as: Any complaint by a teacher covered by this Agreement that:
(1) make such request in writing addressed to the teacher has been subject to a violation, inequitable application, or misinterpretation of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to secureother party and, at the lowest possible administrative levelsame time, equitable solutions either propose a sole arbitrator or name a nominee to a board of arbitration. Within five (5) days thereafter, the other party shall respond to the problems which proposal (by accepting the proposed soie arbitrator or proposing another sole arbitrator) or shall appoint a nominee, as the case may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its viewsbe. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possibleapplicable, the number two nominees shall attempt to select by agreement a chairperson for the board of days indicated at each level should be considered as maximum, and every effort should be made arbitration. If they are unable to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. The Superintendent or designee will respond in writing agree upon such chairperson within ten (10) days days, either may request the Minister of Labour to assist them in a chairperson. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. jointly bear the expenses of the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure Chairman of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and Arbitration Board, if any. The Arbitration Board shall not be eligible for further appealauthorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. Failure No matter may be submitted to arbitration which has not been properly carried through all previous steps of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediatelygrievance procedure. The above limitations may be waived by mutual agreement proceedings of the parties.
SECTION 9 In Arbitration Board will be expedited by the event a grievance is filed on or after June l whichParties hereto, if left unresolved until and the beginning decision of the following school year could result majority of such board will be final and binding upon the Parties hereto. If a majority decision is not possible, then within a ten (10) day period the decision in irreparable harm writing of the Chairman shall be final and binding upon the Parties hereto. At any stage of the grievance procedure including arbitration, the conferring Parties may have the assistance of the employee or employees and any necessary witnesses, and all reasonable arrangements will be made to a party in interest, permit the conferring Parties to fully investigate all the circumstances. The parties acknowledge that the time limits set forth herein will be reduced so that out in both the grievance procedure may and arbitration procedures must be exhausted prior strictly complied with except by written agreement to the end of the school year or as soon thereafter as is practicableextend them.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 1 contract
Sources: Collective Agreement
Grievances. SECTION 1 For 1. Grievances, complaints and communications from employees associated with the purposes of this Agreement, a grievance Omaha Education Association shall be defined as: Any complaint by a teacher covered by this Agreement thatinitiated in the following manner:
(1) a. If the teacher employee has been subject to a violationgrievance, inequitable applicationthe employee should, or misinterpretation within 20 working days of a specific provision of this Agreementthe incident, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to first discuss the matter informally with an appropriate member of immediate superior (at the administration and building level the immediate superior is the principal) in an effort to have resolve the grievance adjusted without intervention problems informally. A representative of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity 's staff may be invited to be present at such adjustment above level one and to state its viewsattend by either party. If the teacher so chooses, a representative subject of the Association grievance extends beyond the authority and jurisdiction of the building principal, the employee may be present at level onediscuss the matter with the Assistant Superintendent for Human Resources. The grievant may If the employee is not elect satisfied, the employee shall have the right to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative representative's assistance in farther efforts to resolve theproblem.
b. If the problem is not present.
SECTION 4 No written communicationresolved through the aforesaid procedure, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days then within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. The Superintendent or designee will respond in writing within ten (10) 20 working days of the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general natureincident, the Association may aggrieved person must submit such a grievance in writing directly to the level of administration having principal or to the appropriate authority person to resolve said grievancewhom the aggrieved is directly responsible. The person to whom the grievance has been submitted shall have a reasonable period, not to exceed 10 working days, to render a decision and the reasons therefore in writing to both the aggrieved person and to the Association.
SECTION 8 A grievance c. If the aggrieved person is not initiated satisfied with the disposition of the grievance, an appeal to the Superintendent should follow within 10 working days. Within 10 working days after receipt of the time specified written appeal, the Superintendent or designated representative(s) shall meet with the aggrieved person. The Association's staff may be invited to attend, by either party, and participate in any meeting of the Superintendent or designated representative(s) with the aggrieved person. The Superintendent shall within IO working days of the hearing render a decision and the reasons thereof in writing to the aggrieved person with copies to the Association and to members of the Board of Education.
d. Should the aggrieved person so desire, the decision of the Superintendent may be appealed to the Board of Education. Such a request should be sent to the Director of the Office of the Board of Education within 10 working days of the receipt of the Superintendent's decision in the matter. Such an appeal shall be deemed waivedin the form of a written request for a hearing before the Board of Education. Failure At the first meeting after receiving a grievance, the Board of Education shall set a hearing date which shall be within IO working days. The aggrieved person shall, at this hearing, have the right to be assisted by a member of the teacher filing staff of the grievance to appeal Association and/or an attorney of his/her choice. The Board of Education shall within IO working days of the hearing render a decision within in the time limit specified will mean that matter and direct its Director to provide written notification of its decision to the grievance aggrieved person and the Association. A similar procedure shall be considered settled on the basis followed by employees other than those who are members of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the partiesOmaha Education Association.
SECTION 9 In e. If the event employee has a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to complaint other than a party in interestgrievance, the time limits set forth herein will be reduced so that employee may use steps a through c outlined in the grievance procedure may be exhausted prior above. Employees or groups of employees desiring to address the Board of Education on any matter shall direct their communications to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee willDirector, upon requestnot to individual members, provide the Association with except that copies of any documents in its possession including approved minutes communication may be sent to all members. An advisory committee of selected personnel shall be appointed by the Superintendent upon the advice of the School Committee which Assistant Superintendent for Human Resources, to maintain a continuous liaison with all employees relative to maintaining high morale and professional growth among all employees.
2. All complaints shall be in writing, and no anonymous correspondence may be necessary for considered officially by the Association to process grievances under Board of Education. It shall be understood by all parties involved in the Agreementgrievance procedure that no reprisals of any kind, implied or intended, shall be brought against the person or persons involved in the resolving of the grievance.
Appears in 1 contract
Sources: Master Agreement
Grievances. SECTION 1 For the purposes purpose of this Agreement, Agreement a grievance shall be defined as: Any "any complaint by a teacher an employee covered by this Agreement that:
that (1) the teacher he or she has been subject to a violation, inequitable application, application or misinterpretation of a specific provision of this the Agreement, or
or (2) the teacher he or she has been subjected subject to an unfair or discriminatory act contrary to established policy and practice."
SECTION Section 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems problems, which may from time to time arise arise, affecting the welfare or working conditions of teachersemployees. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION Section 3 Nothing herein contained will be construed as limiting the right rights of any teacher employee having a grievance problem to discuss the matter informally with an any appropriate member of the administration and to have the grievance problem adjusted without intervention of the AssociationUnion, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association Union has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher employee so chooses, a representative of the Association Union may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION Section 4 No written communication, other document, or record relating to any grievance grievance, shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher employee involved in presenting such grievance.
SECTION Section 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by prior mutual agreement. It is understood and agreed that no grievance, grievance dispute, misunderstanding, misunderstanding or difference between the parties arising out of the acts which occurred prior to the execution to of this Agreement shall be submitted to the Committee Town under the provisions provision of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. .
Section 6 The employee's grievance must contain the following information:
(a) A teacher may contact the Association at any time prior to or during statement of the grievance procedure.
SECTION 6 If at which cites that part of the end of twenty (20) days next following either the occurrence of any grievance Agreement which has been violated, or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. The Superintendent or designee will respond in writing within ten (10) days of the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly circumstances that gave rise to the level grievance;
(b) A statement of administration having remedial action or relief sought;
(c) Evidence (documentary, if available) to support the appropriate authority to resolve said grievance.; and
SECTION 8 (d) A grievance not initiated within statement of reasons why the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean grievant believes that the grievance shall remedy should be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the partiesgranted.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION 1 For (a) It is the purposes mutual desire of the Employer and the Union that all complaints and grievances shall be resolved as quickly as possible. The parties also agree that it is desirable to resolve differences amicably and informally if possible, and that Employees and Supervisors should try to do so before matters become formal grievances.
(b) All meetings at which grievances are processed shall be held in camera.
(c) Employees who are covered by this Agreement, a Agreement shall be required to follow the procedures laid down in this Article and any Employee who appeals directly to any Trustee or official of the Employer shall thereby forfeit all rights under this Article.
(d) A grievance shall be defined as: Any complaint by a teacher covered by this Agreement that:
(1) the teacher has been subject to a violation, inequitable application, or misinterpretation of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties differences arising out of the acts which occurred prior interpretation, application, administration, or alleged violation of the Collective Agreement including any question as to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. whether a matter is arbitrable.
(e) It is understood that any grievances pending the same person will not hear the grievance at the conclusion more than one step of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If (f) A copy of all grievance replies shall be forwarded to the Executive Superintendent of Human Resources Services or his/her designate, and the President and Chief ▇▇▇▇▇▇▇ of the Union at all steps.
(a) In the end event of twenty a grievance by an Employee, the Employee shall take the matter up with the Employer within and not after ten (2010) working days next following either after the occurrence Employee became aware of any the incident or circumstances giving rise to the grievance. The grievor is entitled to be present at all steps in the Grievance Procedure.
(b) A policy grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the group grievance shall be deemed taken up within and not after ten (10) working days of the Union/Employee(s) becoming aware of the incident or circumstances giving rise to have been waivedthe grievance. A grievance filed by a group of Employees or a policy grievance of the Union shall be taken up at Step 2 of the Grievance Procedure.
(c) A grievance concerning a layoff by reason of a redundancy in the work force may be taken up at Step 3 of the Grievance Procedure.
12.03 The following procedure shall be adhered to in processing grievances, save as otherwise provided in this Article:
STEP 1 The Employee shall take the matter up with the Employee’s immediate Supervisor.
STEP 2 If the Step One (1) reply is not satisfactory to the Employee, the ▇▇▇▇▇▇▇ or the Chief ▇▇▇▇▇▇▇/Deputy Chief ▇▇▇▇▇▇▇ may, within and not after ten (10) working days of the receipt of the reply, advise the appropriate Department Manager or designate of their intent to proceed to Step Two (2). Should there not be a Department Manager, the Manager of Human Resource Services or designate shall be so advised. The Superintendent Manager or designee will respond in writing designate shall hear the grievance within ten (10) working days of the Level receipt of the notice and shall give his/her reply in writing within five (5) working days following the hearing. A grievance at Step Two meeting(2) shall be in writing, shall contain a concise statement of the facts complained of, redress sought and be signed by the Employee and the ▇▇▇▇▇▇▇ or Chief ▇▇▇▇▇▇▇.
SECTION 7 STEP 3 If there the Step Two (2) reply is a grievance which directly affects a group or class of teachers or is of a general naturenot satisfactory, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on ▇▇▇▇▇▇▇ or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.Chief ▇▇▇▇▇▇▇/Deputy
Appears in 1 contract
Sources: Collective Agreement
Grievances. SECTION 1 For The parties recognize the purposes value of informal discussions between employees and their supervisors to the end that problems might be resolvedwithout recourse to a formal grievance. When an employee, within the time limits prescribedin stage gives notice that he wishes to take advantage of this clause, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits. Employees who feel themselves to be aggrieved by the interpretationof alleged violation of the provisions of this Agreement, shall have the right to present a formal written grievance in keeping with the following procedure: Employees shall be defined as: Any complaint by a teacher covered by this Agreement that:
have the right to discuss with and settle through the Supervisor concerned any complaintsthey may have. Employees will have fifteen (115) days in which to submit grievance from the teacher has been subject to a violation, inequitable application, day on which they first became aware Of the action or misinterpretation of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions circumstances giving rise to the problems which may from time to time arise affecting grievance. Employees shall state the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member precise nature of the administration and to have grievance, the grievance adjusted without intervention of the Association, provided Collective Agreement of which the adjustment interpretation is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present in dispute or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed alleged to have been waivedviolated, and the redress sought. The Superintendent Manager, Patron Services, or designee will respond in writing designate, shall be the Employer's representative to deal with Grievances at Stage The designated manager shall forward a written reply to the grievance by hand or by registeredmail, with a copy to the ▇▇▇▇▇▇▇, the President of the Local and the National Component of the Alliance within ten (10) days of the Level Two meeting.
SECTION 7 If there receipt of the grievance. The designated manager may request to the that meetingtake place to discuss the grievance. In such cases meeting shall be scheduledwithin a period of ten days Of the receipt of the grievance. The time limits for the reply commence only the day that the meeting is held. Employees may, if they so desire, be assisted or representedby the Alliance. Failing a grievance satisfactory settlement at Stage employees will have twelve (12) days in which directly affects to submit grievancesto Stage from the date on which the reply at Stage was delivered or postmarked by registered mail or was due, providedthat the support of and representationby the Alliance has been obtained. The Director General, or designate, shall be the Employer'srepresentativeauthorizedto deal with grievances at Stage The Director General, or designate. shall schedule a group hearing within the prescribed time limits. and the hearing shall be scheduled within a period of nine (9) days following receipt of the submission to Stage The time limits for the written Stage will only commence from the day that the hearing held. The Director General or class of teachers designate shall forward a written reply. by hand or is of by registered mail. with a general naturecopy the ▇▇▇▇▇▇▇, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure President of the teacher filing local and the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis National at Stage of the decision last made and shall not be eligible for further appeal. Failure Alliance, within nine (9) days of the School Committee to answer hearing Where the Corporation discharges an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l whichemployee, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents set forth in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.Clause applies except that:
Appears in 1 contract
Sources: Collective Agreement
Grievances. SECTION 1 For A grievance by the purposes Union may be initiated in writing at the second stage of this Agreementthe grievance procedure, provided the subject matter of the grievance is not such that it could be disposed of at the first stage of the grievance procedure on the grievance of an employee. Any one or more of the employees may present and appeal grievances singly or in groups as individuals or through committee members and the committee in accordance with the procedure provided herein. Whenever in any stage of the procedure it is provided that action be taken by a committee member or the committee, the same action may be taken by the employee or group of employees desiring to present and settle a grievance singly or in a group as individuals. It shall be optional with the Company to decline to consider any grievance, the alleged circumstances of which originated or occurred more than five (5) working days prior to its presentation, provided however, that in the case where an employee could not have become aware of alleged circumstances within said five (5) working days, the said period will commence to run from the time when did become aware of them. FIRST STAGE: Any employee having a grievance shall first submit the same during working hours to his Supervisor and if requests, be defined as: Any complaint accompanied by a teacher covered by this Agreement that:
(1) the teacher has been subject to a violation, inequitable application, or misinterpretation of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its viewshis committee person. If the teacher so choosesgrievance cannot be settled by the Supervisor, a representative the employee may during working hours refer it to the committee member in the employees’ department. The committee member, if shall consider the grievance reasonable but not otherwise, shall during working hours present it in writing to the Supervisor in the presence of the Association may be present at level oneaggrieved employee. The grievant may Supervisor shall receive and discuss the grievance and shall endeavour to arrange a satisfactory settlement with the committee member and/or the aggrieved employee and shall in any event render his decision in writing not elect to have anyone other later than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at regular working day followingthe day upon which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waivedreceived. Further time may be allowed by the committee member the’ employee. The Superintendent or designee will respond may be appealed from by lodging an appeal in writing within ten (10) days with the Company management directly or through the chairperson of the Level Two meeting.
SECTION 7 If there committee within two regular working days after receipt of the supervisors’ decision. The grievanceshall be discussed at a meeting or meetings between the Personnel Manager, General Supervisor and the committeeto be held on notice to be given not later than five (5) working days the receipt of the supervisors’decision, at such time as may be agreed upon and if no time is agreed upon, within five regular working days following the receipt of the notice. Further time may be allowed by either party. An international or local representative may attend such meetings. To expedite the settlementof a grievance which directly affects a group or class of teachers or is of a general naturegrievance, the Association may submit such management shall begin an investigationas soon as possible after the grievance is reported by the committee and shall make every effort to become fully informed concerningand to be prepared to act promptly upon the grievance. An aggrieved employee represented by a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure committee member of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l whichcommittee shall, if left unresolved until requested by the beginning Company or the Union, participate in the discussion, if any, of his grievance with the following school year could result in irreparable harm to a party in interest, Factory Manager or the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicablemanagement.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 1 contract
Sources: Collective Agreement
Grievances. SECTION 1 For Subject to the purposes provisions of this AgreementArticle VI, a grievance shall be defined as: Any as a complaint by a teacher the Association's Grievance Committee in the unit covered by this Agreement that:
(1) that the teacher employee has been subject to a violationdirect violation of an express provision ofthis Agreement. Before a formal grievance is filed under Section 2, inequitable applicationan ▇▇▇▇▇▇▇ effort shall be made to adjust such grievance immediately and informally by a conference between the employee, or misinterpretation of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy Association representative and practicethe immediate supervisor.
SECTION 2 A grievance must be represented within seven (7) working days of the time ofthe occurrence of the alleged contract violation and must be processed in accordance with the steps, time limits and conditions set forth below:
Step 1 - The purpose of this procedure is to secure, at Association shall represent the lowest possible administrative level, equitable solutions grievance in writing to the problems Supervisor ofthe building in which may from time he/she is employed. The grievance must state the specific provision ofthe Agreement which is alleged to time arise affecting the welfare or working conditions of teachershave been violated. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance The Supervisor shall attempt to discuss adjust the matter informally and shall give his/her answer within seven (7) working days. In the event the Supervisor is not involved with an appropriate member the specific grievance, he/she will immediately refer the matter on to Step 2 - Be presented in writing to the Superintendent of Schools or his Designee, within seven (7) days after the answer of the administration Supervisor is due. The matter shall be investigated and a meeting set up within ten (10) working days of the receipt of the written grievance. The Superintendent shall respond in writing to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at within seven (7) working days after such adjustment above level one and to state its viewsmeeting. If the teacher so choosesmatter is not satisfactorily settled at this Step, it may Step 3 - Be appealed in writing to the Superintendent and when appropriate to the School Committee within seven (7) working days The Committee or its designated representatives and the employee together with a representative of the Association may be present at level one. The grievant may not elect shall meet to have anyone other than discuss the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly promptly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days normally within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty fourteen (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. The Superintendent or designee will respond in writing within ten (1014) days of the Level Two reference to the Committee. The School Committee will give its written answer to the grievance within the ten-(10) days following the conclusion of that meeting. If no satisfactory settlement of the grievance is made at this Step, it may Step 4 - Be submitted to arbitration within seven (7) working days after the Committee's answer is due. The appeal to arbitration shall be initiated by submitting a written notice of the intention to arbitrate within the period of fifteen (15) working days and shall be governed by the procedures set forth in Article VII.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 3 A grievance not initiated within the time limits specified shall be deemed waived. Failure of the teacher filing the grievance a party to appeal a decision within the time limit limits specified will shall mean that the grievance shall be is considered settled on the basis of the ofthe decision last made and shall not be eligible for further appeal. Failure of In the event that the principal, supervisor or School Committee shall fail to answer an appeal within the time limit specified limits specified, the grievant shall mean that have the appeal may be taken right to take the grievance to the next step immediately. The above time limitations may be amended or waived by mutual written agreement of the parties.
. SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning 4 No reprisals of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein any kind will be reduced so that taken by the grievance procedure may be exhausted prior to the end of the school year Committee or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide any member ofthe administration or by the Association with copies of against any documents participant in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.grievance. SECTION 1
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION 1 For In a mutual effort to provide harmonious working relations between the purposes of parties to this Agreement, a it is agreed and understood that both parties agree to the following procedures for the resolution of grievances:
A. A bargaining unit employee or group of employees shall utilize the grievance shall be defined as: Any complaint by a teacher procedure established under this Article.
B. An employee or group of employees covered by this Agreement that:shall have the right to be represented or refrain from exercising the right to be represented in the determination of grievances arising under the terms and conditions of employment covered by this Agreement. Nothing in this Article shall be construed to prevent any employee from presenting his own grievances, and having such grievances adjusted without the intervention of the bargaining agent.
C. Should an employee or group of employees elect to process their own grievance, the Fraternal Order of Police, Pinellas Lodge # 43SCPBA shall be notified of any meeting where a resolution of the grievance may occur as provided in F.S. section 447.301 (1) 4).
D. In the teacher has been subject case of a class grievance one employee shall be chosen as spokesperson, and only that employee need sign the grievance, provided however, that all names associated with the class action shall be listed.
▇. With prior approval of the chief of policeChief of Police or his designee, the Fraternal Order of Police, Pinellas Lodge # 43 SCPBA representative shall be allowed reasonable time off with pay by charging the time to a violationthe Fraternal Order of Police, inequitable applicationPinellas Lodge # 43SCPBA Pool Time Bank for investigating, presenting and appealing grievances. The performance of this function by the Fraternal Order of Police, Pinellas Lodge # 43SCPBA representative shall in no way interrupt or misinterpretation interfere with normal functioning of the Department.
F. The Fraternal Order of Police, Pinellas Lodge # 43SCPBA agrees to guard against the use of excessive time for the investigation of grievances. The Fraternal Order of Police, Pinellas ▇▇▇▇▇ # 43SCPBA representative will provide advance notice to his/her supervisor to allow planning arrangements to enable the representative time for investigative activity. If permission is denied to the representative at the particular time requested, the City shall advise the representative when he/she can reasonably expect to contact the employees concerned. In the event permission is denied, the time periods established under Section 3 of the grievance procedure will be extended to the time permission is granted for the concerned employee's contact.
G. For the purpose of this Article, the working day is defined as the days City Hall is open, during the hours 8 AM to 4:30 PM.
H. A grievance is defined as an alleged violation or dispute as to the interpretation or application of a specific provision of this Agreementagreement Agreement or a matter involving disciplinary action, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree except that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant probationary employee may not elect grieve a disciplinary matter up to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not presentand including discharge.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. The Superintendent or designee will respond in writing within ten (10) days of the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION 1 For In cases of discharge or suspension or any other meeting at which a supervisor plansto discipline an employee, a Union ▇▇▇▇▇▇▇ shall be present. The Unionshall receive a copy of any written disciplinary action within three working days Union meaning Chief ▇▇▇▇▇▇▇. d In the purposes event the Chief ▇▇▇▇▇▇▇ does not receive such a copy within three (3) ays and a grievance is to be filed, the limits in next step of the grievance procedure shall be extendedto equally compensate for any delay of the receipt of the copy of the disciplinary action. Both partiesof this Agreement agree that any dispute grievance concerningthe interpretation,application administrationof this Agreement, includingany quest as to whether a grievance shall be defined as: Any complaint by a teacher covered by this Agreement that:
(1) the teacher has been subject to a violation, inequitable applicationmutter is arbitrable, or misinterpretation of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms alleged of this Agreement and that the Association which has been given properly carried through all the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative steps of the Association grievance procedure with the time limits outlined in above, and which not been settled, be referredto a Board of at the request of either of the parties hereto. The Board of Arbitration will be composed of one appointed by the Board, one person appointed by Union and a third personto act as Chair chosen by other two members of the Board of Arbitration. No person may be present at level oneappointed as an arbitrator who been involvedin an attempt to settle a grievance or alleged Within ten working days of the request by either party for the Board of each shall the other of the name of its appointee. Should the person chosen by the Boardto act on the Board of and the personchosen by the fail to a on a third person twenty work days mentionedin above, the Minister of Labour of the Province of Ontario will be to nominate someone as an impartial Chair utilizing services of the Labour Management Commission. The grievant may of the Board of Arbitration, or a majority thereof, constituted in the above manner shall be binding on both parties. there is no award, award of the Chair shall govern. The Boardof Arbitration shall not elect have any power to have anyone other than or change any of the exclusive bargaining representative present provisionsof this Agreement or to represent him/her during substitute any new provisionsfor the grievance/arbitration procedure without the express written consent existing provisions. Each of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement will bear the expenses of the arbitrator appointedto it; and the will jointly bear the expense of the proceedings, A single arbitrator may be proposed by either and, If the parties reach such agreement, then the conditions of Article shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance proceduredisregarded.
SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. The Superintendent or designee will respond in writing within ten (10) days of the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION 1 For Any employee to whom this Agreement is applicable and who feels aggrieved because he/she has been discharged or suspended by the purposes GCRTA or because of what he/she believes is a misapplication or misconstruction of the terms or intent of this AgreementAgreement herein provided for may proceed in the following manner (unless any step is waived in writing by mutual consent), provided that orders of authorized representatives of the GCRTA shall be complied with while carrying out the grievance procedure. As used in this Article, “days” shall mean business days (Monday through Friday Not including Holidays). Any evidence submitted by the FOP/OLC at any grievance step will be added to the grievance file. FOP/OLC representatives will have access to investigative documents, police reports, recorded interviews, audio/video recordings, and related materials associated with current discipline investigations/grievances upon request. Information may not be released if it is a current/active Internal Affairs or other investigation or if it is not subject to public records release. Requests shall be filled in a timely manner to allow adequate time for FOP/OLC representatives to prepare for meetings/hearings.
Step 1. An employee may present a grievance personally or through a duly appointed grievance representative of the FOP/OLC, Inc. The grievance shall be defined as: Any complaint by a teacher covered by this Agreement that:
(1) the teacher has been subject to a violation, inequitable application, or misinterpretation of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions presented in writing to the problems which may from time to time arise affecting the welfare or working conditions Director of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level Security/Chief of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. The Superintendent Police or designee will respond in writing within ten (10) days of the Level Two meetingevent, which is the source of the grievance. Such written grievance shall set forth specifically the alleged acts, act or failure to act giving rise to the grievance as well as the specific provision(s) of this Agreement alleged to have been violated by the GCRTA. The Director of Security/Chief of Police or designee shall notify the Grievant or his/her representative, hold a hearing and issue a written decision within twenty (20) days after the appeal is received.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, Step 2. Appeal to the Association may submit such a grievance Deputy General Manager shall be made in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.no later than five
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION Section 1 For the purposes of this Agreement, a grievance shall be defined as: Any complaint by a teacher covered by this Agreement that:
(1) the teacher has been subject to a violation, inequitable application, or misinterpretation as an alleged violation of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION Section 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems alleged grievances, which may from time to time arise affecting the welfare or working conditions of teachersarise. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION Section 3 All documents, communications, and records dealing with the processing of a grievance will be filed separately from the personnel file of the participants.
Section 4 Nothing herein contained will shall be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an any appropriate member of the administration Administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one Level 1 and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant Level 1.
Section 5 Any party in interest (i.e., the person or persons, including the Association, making the claim and any person who might be required to take action or against whom action might be taken to resolve the claim) may be represented at all stages of the grievance procedure by a person of the teacher's own choosing, except that the teacher may not elect to have anyone be represented by a representative or an officer of any teacher organization other than the exclusive bargaining representative Association or its affiliates. When a teacher is not represented by the Association, the Association shall have the right to be present or and to represent him/her during the grievance/arbitration procedure without the express written consent state its views at all stages of the Associationgrievance procedure except at Level 1. The Association must A class action grievance (defined as a grievance which affects a group or class of employees) may be notified filed directly at Level 2 of the outcome of any level one grievance at which an Association representative is not presentprocedure.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Section 6 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by prior mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between any matter in the parties arising out process of being grieved at the time this Agreement is signed shall continue to be processed and settled in conformity with the procedures and terms of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedureprevious Agreement.
SECTION 6 If Section 7 If, at the end of twenty ten (2010) school days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is latergrievance, the grievance shall not have been presented in writing at Level One, as One set forth below, the grievance shall be deemed to have been waived, and any grievance in course under such procedure shall also be deemed to have been waived if the action required to present it to the next level in the procedure shall not have taken place within the time specified therefore in this Article.
Section 8 The Association, through its officers, may initiate action on behalf of a group of grievants.
Section 9 No reprisals of any kind will be taken by the Superintendent or by any member of the administration against any party of interest, any school representative, or any other participants in a grievance by reason of such participation.
Section 10 Subject to the foregoing, all grievances must be processed in accordance with the steps, time limits, and conditions set forth below.
Level 1: The teacher/Association shall present the grievance in writing during the teacher's non-teaching hours to the teacher's school principal. The grievance shall explicitly cite the section(s) of the Agreement alleged to have been violated as well as a description of how the section allegedly was violated. The principal shall give an answer in writing within five (5) school days. If the grievance is not satisfactorily settled at this step, it may Level 2: Be appealed in writing by the teacher/Association within five (5) school days after receipt of the principal's answer and be presented to the Superintendent of Schools. The Superintendent and/or the Superintendent's designee and the teacher/Association, and if the teacher so elects, the president of the Association and/or the president's designee, shall meet to discuss the grievance within five (5) school days after receipt of the written grievance. The Superintendent shall elect whether this discussion shall take place during working hours or not. In the event the Superintendent (or the Committee) elects to hold a grievance session during working hours, the grievance or parties in interest (including witnesses or representatives) will not have any pay deducted for time spent during school hours. The Superintendent or designee will respond the Superintendent's designated representative shall give a written answer to the grievance within five (5) school days following the conclusion of the meeting. If the grievance is not satisfactorily settled at this step, it may Level 3: Be appealed in writing within ten five (105) school days after receipt of the Level Two written answer of the Superintendent by the teacher/Association to the Committee. The Committee or its designated representatives and the teacher, and if the teacher so elects, representatives of the Grievance Committee shall meet to discuss the grievance as promptly as possible, normally within fifteen (15) school days, at a time mutually agreed upon between the Chairperson of the Committee and the President of the Association. If any person or persons are to represent the teacher at this meeting.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Committee and the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.notified within twenty-four
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION 1 For the purposes of this Agreement, a grievance shall be defined as: Any as any complaint by a teacher covered by this Agreement that:
(1) the teacher has been subject to a violation, inequitable application, or misinterpretation of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. The Superintendent or designee will respond in writing within ten (10) days of the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION 1 For the purposes purpose of this Agreement, a grievance shall grievances may be defined asclassified as either: Any complaint by a teacher covered by this Agreement that:
(1) Personal Grievances which are complaints regarding: alleged unjust treatment or discrimination; alleged unfair working conditions; any disciplinary action. Contractual grievances which concern the teacher has been subject to a violationinterpretation, inequitable application, operation or misinterpretation of a specific provision alleged violation of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions including any questions as to the problems which may from time to time arise affecting arbitrable nature of the welfare or working conditions of teachersmatter shall be dealt with in accordance with the following procedures. Both parties agree that these proceedings Grievances as identified in Clause shall be initiated by the Employee as follows: the Employee and/or the Union representative will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member subject of the administration and to have proposed grievance with the Employee’s first level classified Supervisor within thirty (30) calendar days of the date upon which the subject of the grievance adjusted without intervention occurred or the time the Employee first became aware of the Associationsubject of the grievance, provided in an attempt to resolve the adjustment matter; if the Employee continues to be dissatisfied, he should submit the grievance in writing within fourteen (14) calendar days of discussion with the first level classified Supervisor to the Department Manager. The Manager, in consultation with Human Resources, will undertake to deal with the matter at issue and will respond in writing to the within seven (7) calendar days; if the Union does not accept the decision of the Department Manager, they may request in writing within seven (7) calendar days of receiving the Department Manager’s decision that the Chief Administrative Officer review the grievance. The Chief Administrative Officer shall hear the matter within ten (10) calendar days and will advise the Union in writing within fourteen (14) calendar days of the hearing; if the grievance is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, settled as a representative result of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possibleChief Administrative Officer’s decision, the number of days indicated at each level should be considered as maximum, and every effort should be made Union may refer the matter to expedite arbitration pursuant to the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only Labour Relations Code; by mutual agreement, the time limits stated above may be extended. It is understood and agreed Contractual Grievances concerning Clause may be initiated either by the Union or the County in the following manner: Contractual Grievances shall be initiated either by the Union or the County in writing, within sixty (60) calendar days from the day that no grievance, dispute, misunderstanding, or difference between the parties arising out matter giving rise to the grievance came to the attention of the acts which occurred prior to Designated Officer of the execution to this Agreement Union or Official of the County. The written notice of the grievance shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion Secretary of the contract will remain operative in Union or the subsequent contract period unless settled in negotiations. A teacher may contact Manager, Legislative and Legal Services Department of County and shall stipulate the Association at any time prior to or during general particulars of the grievance procedure.
SECTION 6 If at together with to the end allegedly violated clause of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance Agreement; Grievances submitted in accordance with Clause shall be deemed referred to have been waiveda Grievance Committee which shall endeavour to resolve the difference. The Superintendent or designee This Committee will respond in writing be composed of two representatives of the County and two members of the Union appointed by the Executive. This Committee shall meet within ten fifteen (1015) calendar days of the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class submission of teachers or is of a general naturethe written notice by either party; after the parties have met in accordance with the preceding clause, the Association may submit such a grievance each party will give any decision made in writing directly to the level other party within fifteen (15) calendar days. In the event that the two parties reach a mutually acceptable agreement concerning the matter in question, a written and signed notice of administration having agreement will supersede the appropriate authority to resolve said grievance.
SECTION 8 A grievance aforementioned notice of decision; in the event that the parties do not initiated within reach a mutually acceptable agreement, or that either party does not accept the time specified shall be deemed waived. Failure written notice of decision of the teacher filing opposite party within thirty (30) calendar days of the Chief Administrative Officer’s decision as per ▇▇▇▇▇▇ either party may notify the other party in writing of its intention to submit the grievance to appeal a decision within arbitration pursuant to the time limit specified will mean that the grievance shall be considered settled on the basis provision of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived Labour Relations Code; by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interestagreement, the time limits set forth herein will be reduced so that out in the grievance procedure above articles may be exhausted prior extended. In the event the matter being grieved is presented to an Arbitration Board, each Party shall bear the end expense of its respective nominee and shall bear one-half of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes expenses of the School Committee which may Chairman of the Arbitration Board. The Arbitration Board by its decision shall not alter, amend or otherwise change the terms of this Collective Agreement. All Union members submitting a grievance have the right to be necessary for the Association to process grievances under the Agreementassisted by an attending Union Representative.
Appears in 1 contract
Sources: Collective Agreement
Grievances. SECTION 1 For 14.1 Except where a remedy is otherwise provided for, any Employee shall have the purposes right to present a grievance arising from his employment in accordance with the rules and regulations of this Agreement, a procedure. A grievance shall be defined as: Any complaint by as a teacher covered by this Agreement that:
(1) dispute between the teacher has been subject to a violation, inequitable application, District and the Union arising over the interpretation or misinterpretation application of a specific provision of this Agreement, or
(2) the teacher has been subjected Agreement which is not a management right. Grievances as defined above shall be resolved pursuant to an unfair or discriminatory act contrary to established policy and practicethis Article.
SECTION 2 The purpose of this procedure is 14.2 All parties so involved must act in good faith and strive for objectivity, while endeavoring to secure, reach a solution at the lowest earliest possible administrative level, equitable solutions step of the procedure. The aggrieved Employee shall have the assurance that the filing of a grievance will not result in reprisal of any nature. The aggrieved Employee shall have the right to be represented or accompanied by a Representative of the problems which may from time to time arise affecting Union at all stages of the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this grievance procedure.
SECTION 3 Nothing herein contained 14.3 Certain time limits in the grievance procedure are designed to quickly settle a grievance. It is realized, however, that on occasion the parties concerned may be unable to comply with the established limitations. In such instances, the limitations may be extended upon the mutual agreement of all parties concerned in writing, in advance of the expiration of the time limits. Deadlines which fall on a District non-business day will automatically be construed extended to the next business day. A business day is Monday through Friday, excluding observed holidays.
14.4 Failure of the aggrieved Employee to file an appeal within the prescribed time limit for any step of the procedure shall constitute abandonment of the grievance. Employer shall abide by prescribed time limits.
14.5 Any person responsible for conducting any conference, meeting or hearing under the formal grievance procedure shall give due and timely notice to all persons concerned.
14.6 When two or more Employees experience a common grievance, they may initiate a single grievance proceeding. The initial hearing of the grievance shall be by the immediate Supervisor, Manager or Department Head who has the prime responsibility for all of the aggrieved Employees.
14.7 The grievance procedure shall be as limiting the right of any teacher having a grievance to follows:
Step 1. When an Employee becomes aware that dissatisfaction exists with their work or work situation, Employee should discuss the matter informally with an appropriate member their immediate supervisor. Initial discussion should be sought by the Employee not later than ten (10) working days after the event giving rise to the grievance occurred, or ten (10) working days after the Employee should have had knowledge of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrenceevent, whichever is later. The following provisions relating to formal grievance procedure does not restrict the Employee and Supervisor from seeking advice and counsel from Managers and Department Heads when:
a) Mutually consented to by the Employee and Supervisor.
b) It appears that settlement can be reached at this informal level.
Step 2. The Supervisor will hear the grievance and give their written decision within five (5) working days of the receipt of the formal grievance papers.
Step 3. If the written decision of the Supervisor is unsatisfactory to the Employee, the grievance shall not have been presented at Level One, as set forth below, Employee may request that the grievance shall be deemed presented to have been waivedthe Department Head for review. This request must be made in writing within five (5) working days of the receipt of the Supervisor's decision. The Superintendent or designee Department Head will respond in writing hear the grievance and give their written decision within ten (10) working days of the Level Two meetingreceipt of the formal grievance papers.
SECTION 7 Step 4. If there the written decision of the Department Head is a grievance which directly affects a group or class of teachers or is of a general natureunsatisfactory to the Employee, the Association Employee may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean request that the grievance be presented to the General Manager for review. This request must be made in writing within five (5) working days of the receipt of the Department Head's decision. The General Manager will hear the grievance and give their written decision within ten (10) working days of the receipt of the formal grievance papers.
Step 5. If the written decision of the General Manager is unsatisfactory to the Employee, the Union or Employee within ten (10) working days may request the grievance be advanced to arbitration. The arbitrator list will be requested within one-hundred twenty (120) days and the arbitrator from a list of seven (7) names supplied by the Federal Mediation and Conciliatory Service (FMCS), or another arbitration service mutually agreeable to the Employer and Union. The parties shall select the arbitrator by alternately striking names until one name remains. The Union representative shall strike the first name. The decision of the arbitrator shall be considered settled on the basis of the decision last made final and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the binding upon both parties.
SECTION 9 In 14.8 The arbitrator shall have no authority to alter, amend, add to or subtract in any way the event terms and conditions of this Agreement. The arbitrator shall confine their decision to a grievance is filed on or after June l which, if left unresolved until the beginning determination of the following school year could result in irreparable harm facts and an interpretation and application of this Agreement. The parties agree to a party in interest, each pay one-half the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end costs of the school year or as soon thereafter as is practicablearbitrator.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.14.9 COMPLAINT RESOLUTION PROCEDURE
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION 1 For the purposes of this AgreementThe Union shall elect or otherwise appoint a Grievance Committee, a grievance which shall be defined as: Any complaint by a teacher covered by this Agreement that:
(1) the teacher has been subject to a violation, inequitable application, or misinterpretation of a specific provision of this Agreement, or
(2) University for the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to secure, at grievance adjustment. The Union shall advise the lowest possible administrative level, equitable solutions to University of the problems which names of the Committee as well as such changes in its personnel as may occur from time to time arise affecting the welfare or working conditions of teacherstime. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher Any employee having a grievance to complaint should discuss the matter informally with an appropriate his or her immediate supervisor. An employee, upon his or her request, may be accompanied by a member of the administration and to have the grievance adjusted without intervention Grievance Committee during such discussions. Any employee may present his/her complaint personally or may be represented or assisted by a member of the AssociationGrievance Committee. Such employee shall be entitled to examine documents pertinent to his/her personal complaint. (Stage One) Any complaint that has not been dealt with to the satisfaction of the employee concerned may be presented as a written grievance to the Department Head/Designate within fifteen working days of the circumstances giving rise to the grievance. The Department Head/Designate shall, provided upon receipt of the adjustment is not inconsistent grievance, schedule a meeting with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative of the Association Union to hear and discuss the grievance. This meeting shall be held within ten working days after receipt of the grievance. Following the meeting, the Department Head/Designate will give a written decision within three working days. (Stage Two) If the grievance is not resolved at Stage One, it may be present at level one. The grievant may not elect presented to have anyone other than the exclusive bargaining representative present Manager, Staff Relations in Human Resources or to represent himhis/her during designate within ten working days after the Stage One decision has been received. Upon receipt of the grievance, the Manager, Staff Relations in Human Resources or his/arbitration procedure without her designate will meet with the express written consent Grievance Committee, and representative of the AssociationCanadian Union of Public Employees, to discuss the matter. The Association must This meeting shall be notified held ten working days after the receipt of the outcome of any level one grievance. A written decision on the grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall will be filed in given within five working days after the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam daysmeeting. The time limits specified in and may be extended only by mutual agreementconsent. It The parties agree that employees should not harbour grievances; they should bring them to the attention of the Employer without delay. Accordingly, it is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. The Superintendent or designee will respond in writing within ten (10) days of the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on unless submitted in writing within fifteen working days or as soon as the basis circumstances giving rise to the grievance are known. Any difference arising directly between the Union and the Employer involving the interpretation or alleged violation of this Agreement which cannot otherwise be dealt with under this Article because of the decision last made inability or refusal of an employee to submit a grievance, or where the grievance affects a group of employees, or a department, or the University as a whole, may be submitted by the Union in writing, at the second stage, and shall not be eligible for further appealdealt with as a proper grievance under the grievance procedure. Failure of the School Committee to answer an appeal Failing satisfactory solution within the time limit specified shall mean that the appeal period spelled out in Article such grievances may be taken referred to Arbitration. Any such grievance, as described above, which refers to a matter involving only one department shall be submitted at Stage One to the next step immediately. The above limitations may be waived by mutual agreement Department Head/Designate of the partiesdepartment concerned.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION 1 For A claim by an employee that he has been disciplined or discharged without just cause will be treated as a special grievance commencing at Step No. of the purposes Grievance Procedure, provided the grievance is submitted within five (5) calendar days after the occurs. Such special grievances may be settled by confirming the discipline or discharge, or by reinstating the employee with full compensation, or by any other arrangement which is just and equitable in the opinion of this Agreementthe conferring parties. It is agreed that the stewards will be notified immediately of the dismissal of any employee in the bargaining unit. Where an employee receives a written disciplinary warning and receives no further written discipline for a period of eighteen (18) clear months from the date of the warning, or the warning is withdrawn by grievance or arbitrationprocedure,such warning shall be removed fromthe employee's record and shall not be used in any subsequent disciplinary action or arbitration proceedings. When either party requests that a grievance be submitted to arbitration as provided under Article it shall be defined as: Any complaint by make such a teacher covered by request in writing addressed to the other party to this Agreement that:
and, at the same time, nominate a nominee. Within seven (17) calendar days thereafter, the teacher other party shall nominate their nominee provided, however, that if such other party fails to nominate their nominee as herein required, and the time has been subject to a violationextended by mutualagreementbetweenthe two parties, inequitable application, or misinterpretation of a specific provision of this Agreement, or
the hall have powerto effect such appointment upon applicationthereto by the party invoking arbitration procedure. The two (2) nominees so nominated shall confer immediatelyand shall attempt to select, by agreement, a Chairperson of the teacher Arbitration Board. they are unable to agree upon such Chairpersonwithin a period of seven (7)calendar days after the nomination of the second nominee, they or either of them may requestthe Federal Minister of Labour to appoint a Chairperson. No person may be appointed a nominee who has been subjected involved in an attempt to an unfair negotiate or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during settle the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified matter may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to arbitrationwhich has not beencarriedthrough all previous steps of the Committee Grievance Procedure. Each of the parties hereto shall bear the expenses of the representative appointed on its behalf, and the parties hereto shall jointly bear the expense of the Chairperson of the Board of Arbitration. Any and all time limits referred to under the Grievance and Arbitration Procedures herein may, at any time, be extended by written agreement between the Employer and the Union. The decision of the majority of the Arbitration Board shall be the decision of the Board, and shall be final and binding on the Employer, the Union and the affected, provided, however, that in no event shall the Board of Arbitration have the power to changethis Agreementor to alter, modify, or amend any of its provisions, nor to make any decision in conflict with the provisions of this ArticleAgreement. It is understood that In determining any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is laterdischarge, the grievance Board of Arbitration shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. The Superintendent or designee will respond in writing within ten (10) days of the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.to:
Appears in 1 contract
Sources: Collective Agreement
Grievances. SECTION 1 For All grievances must be initiated at the purposes lowest appropriate level. All formal grievances within the scope of this AgreementAgreement shall be presented in writing. No grievance shall be processed anonymously. However, the ASSOCIATION may initiate grievance involving a group of EMPLOYEES. If a grievance is not initiated within 15 days after the grievant knew of the act or conditions on which the grievance is based, then the grievance shall be considered to have been waived. An EMPLOYEE processing a grievance shall be defined as: Any complaint by a teacher covered by this Agreement that:
(1) the teacher has been subject to a violationassured freedom from restraint, inequitable applicationinterference, coercion, discrimination, or misinterpretation reprisal. In the presentation of a specific provision of this Agreementgrievance, or
(2) the teacher has been subjected EMPLOYEE shall have the right to an unfair present his/her own appeal or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is designate a representative to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate appear with him/her at any level of this procedure.
SECTION 3 step in his/her appeal. GE/United is recognized as the sole representative organization with a right to present or process a grievance. Nothing herein contained will shall be construed as limiting to limit the right of any teacher EMPLOYEE having a grievance to discuss the matter informally process it through all prescribed levels with an appropriate member of the administration and to have the grievance adjusted or without intervention of by the AssociationASSOCIATION, provided as the adjustment is not inconsistent with the terms of this Agreement and that the Association has been EMPLOYEE may elect. The ASSOCIATION shall, however, be given the opportunity to be present at such adjustment above all meetings conducted after Level One, and shall have access to all pertinent documentation. Written notification of all meetings conducted on all levels, except the information level one and of the grievance procedure, shall be forwarded to state its viewsthe grievant with a copy to the ASSOCIATION Grievance Chairperson. If the teacher so choosesASSOCIATION does not represent the grievant, it shall be provided by the BOARD copies of all written grievances and responses. Failure at any level of this procedure to communicate the decision on a representative grievance within the specified time limits shall permit the aggrieved EMPLOYEE to proceed to the next level. Failure at any level of this procedure to appeal a grievance to the next level within the specified time limits shall be deemed to be abandonment of the Association grievance or acceptance by the EMPLOYEE of the decision rendered at this level. Time limits may be present at level one. The grievant may not elect to have anyone other than waived only with the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated parties at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Articlelevel. It is understood that the EMPLOYEE shall, during and notwithstanding the pendency of any grievances pending at the conclusion grievance, continue to observe all assignments and applicable rules and regulations of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at BOARD until such grievance and any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance effect thereof shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waivedfully resolved. The Superintendent or designee will respond in writing within ten (10) days binding arbitration provisions of the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly Agreement shall pertain only to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure interpretation, application, or violation of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis terms and provisions of the decision last made and shall not be eligible for further appealthis written Agreement. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result Steps in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicablebypassed by mutual agreement.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION 1 For §1. Any grievance that arises regarding the purposes meaning, application or interpretation of this Agreement, a grievance Health Department rules and regulations shall be defined as: Any complaint by a teacher covered by this Agreement that:
(1) the teacher has been subject to a violation, inequitable application, or misinterpretation of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member of the administration and to have follow the grievance adjusted without intervention procedure below through Step 3. Such non-contractual grievances shall not proceed to arbitration. Any grievance that arises regarding the meaning, application or interpretation of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that shall follow the Association has been given grievance procedure below:
Step 1: A grievance shall be submitted by the opportunity employee in writing within 10 business days after its occurrence, in duplicate, to be present at such adjustment above level the IAEP Representative, who shall forthwith file one and to state its viewscopy with the EMS Supervisor. If the teacher so choosesgrievance is not filed in writing, the employee shall be barred from proceeding further with said grievance. If the grievance is filed in writing, the IAEP Representative and EMS Supervisor shall forthwith attempt to resolve the grievance. The EMS Supervisor will respond to the employee in writing within five business days or it shall be considered a representative denial of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it Step 2: If the grievance is important that grievances be processed as rapidly as possiblenot resolved at Step 1, the number IAEP Representative shall take the matter up with the EMS Chief within five business days of the Step 1 answer in an endeavor to resolve the grievance. The EMS Chief will respond to the employee in writing within 10 business days indicated or it shall be considered a denial of the grievance.
Step 3: If the grievance is not resolved at each level should Step 2, the IAEP Representative shall refer the matter to the IAEP President, who shall, take the matter up with the Business Administrator within five business days of the Step 2 answer in an endeavor to resolve the grievance. The Business Administrator or designee will respond to the employee in writing within 20 business days or it shall be considered a denial of the grievance.
Step 4: If the grievance is not resolved at Step 3, the IAEP or City may refer the matter to arbitration as stated below, provided that written notice is given to the other party within 90 business days of the Step 3 answer. If 90 business days written notice is not given, then the grievance answer shall be considered as maximumaccepted between the parties, and every effort should arbitration shall not be available as a remedy.
§2. Only the IAEP or City may submit a grievance to arbitration. Either party may request PERC to resolve the grievance through arbitration, and request that a list of arbitrators be furnished to the IAEP and City. If the parties cannot arrive at a mutually satisfactory arbitrator within 30 business days after receipt of the list, PERC shall select an arbitrator. The arbitrator shall hear the matter on the evidence and within the meaning of this Agreement and applicable CSC rules and regulations, and render his/her award in writing, which shall be final and binding. The cost of the arbitrator’s fee shall be shared equally by the parties. Any IAEP representative or employee required in the grievance procedure to settle disputes on any arbitration shall be released from work without loss of pay for such purpose, and any witness reasonably required shall be made to expedite available during working hours without loss of pay for the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out purpose of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty (20) days next following either the occurrence disposing of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. The Superintendent or designee will respond in writing within ten (10) days of the Level Two meetingarbitration matter.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived§3. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and Arbitration shall not be eligible for further appeal. Failure obtainable as a matter of right if the School Committee to answer an appeal within grievance:
a. involves the time limit specified shall mean that existence of alleged violation of any agreement other than the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of present Agreement between the parties.
SECTION 9 In b. would require an arbitrator to rule on, consider or change the event a grievance is filed appropriate hourly, salary or incentive rate set forth in Exhibit “A”, by which an employee shall be paid, or the method by which his/her pay shall be determined.
c. would require an arbitrator to consider, rule on or after June l which, if left unresolved until the beginning decide any of the following school year could result following:
i. the elements of a job assignment.
ii. the level, title or other designation of an employee’s job classification.
iii. the right of Management to assign or reassign work.
iv. pertains in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior any way to the end establishment or administration of the school year insurance, pension, savings or as soon thereafter as is practicableother benefit plans in which employees are eligible to participate.
SECTION 10 The School Committee willv. the right of Management to determine and assign shift hours, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the except as limited by this Agreement.
vi. involves discipline or discharge of employees.
vii. involves violations of State laws and regulations.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION 1 For Should a dispute arise respecting the purposes interpretation, application, operation, or any alleged violation of this Agreement, including any question as to whether a matter is arbitrable, or the dismissal, discipline or suspension of an employee bound by this Agreement, an ▇▇▇▇▇▇▇ effort shall be made to settle the dispute in the manner described in this Article. Every effort shall be made by an employee and immediate supervisor to resolve the issue verbally. An employee shall have the right to have ▇▇▇▇▇▇▇ present at such a discussion. If unresolved, an employee may, within twenty-one (21) calendar days of first becoming aware of the action or circumstance giving rise to the grievance, submit a grievance in writing to the Employer's designate. The Employer's designate will sign and date the grievance form to confirm receipt. The Employer's designate shall meet with the Union's designate within fifteen (1 5) calendar days after receipt of the grievance. This meeting may be defined as: Any complaint waived by a teacher covered by this Agreement thatmutual agreement. The Employer's designate shall reply in writing to the employee's grievance within twenty-one (2 calendar days of receiving the grievance at Step Failing satisfactory settlement at Step the Union's Area Staff Representative may submit the grievance to arbitration within twenty-one (21) calendar days of the date of receipt of the Employer's Step reply or of the date it was due. The Union's Area Staff Representative may:
(1a) Submit the teacher has been subject grievance to arbitration, pursuant to Article 9; Make application under Section of the Labour Relations Code for a violationSettlement Officer; Where Section is used, inequitable the twenty-one (21) day requirement to file the grievance at arbitration shall commence from the date of the hearing with the Settlement Officer; and Contracting Page agree to submit the grievance to expedited arbitration in accordance with Article Either Party may submit a policy grievance respecting the general application, interpretation, or misinterpretation an alleged violation of a specific provision an Article of this Agreement, or
within twenty-one (221) calendar days of the teacher has been subjected occurrence giving rise to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to securethe grievance, at the lowest possible administrative level, equitable solutions arbitration pursuant to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having Clause If a grievance to discuss the matter informally with an appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent initiated in accordance with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration prescribed time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the such grievance shall be deemed to have been waivedbe abandoned by the Union. The Superintendent or designee will respond in writing within ten (10) days of the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general natureHowever, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance Union will not initiated within the time specified shall be deemed waivedto have prejudiced its position on any future grievance. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, Should either Party exceed the time limits set forth herein out in this Article, or fail to request an extension of the time limits in writing, within the time limits, the Party exceeding the time limits must concede the grievance. However either Party will not be reduced so that deemed to have prejudiced its position on any future grievance. Request for time limit extensions shall not be unreasonably withheld. Administrative Provisions Grievances and replies at Steps and of the grievance procedure may procedure, which are required in writing, shall be exhausted prior sent by registered mail, facsimile transmission, or other mutually agreeable means. Written replies and notification shall be deemed to be presented on the end date which they are registered, sent by facsimile transmission, or accepted by a courier and received on the day they were delivered or received by facsimile transmission in the appropriate office. Receipt of facsimile transmissions must be confirmed by the school year or as soon thereafter as is practicableappropriate office in which they are received.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 1 contract
Sources: Collective Agreement
Grievances. SECTION 1 For 7.01 The parties acknowledge the desirability of ensuring prompt, fair and final resolution of employee grievances. The parties’ recognition of this principle has contributed stability and certainty to the grievance procedure. Accordingly the parties view any attempt to reinstate a grievance properly disposed of as contrary to the purpose for which the grievance procedure was established and violates the fundamental principles of collective bargaining. However, in those instances where the National Union CAW, by either its Executive Board, Public Review Board or Constitutional Convention Appeals Committee, has reviewed the disposition of a grievance and found that such disposition was improperly effected by the Union or a Union representative, the National Union CAW may inform the Coca-Cola Labour Relations Director in writing, that such grievance is reinstated in the grievance procedure at the step at which the original disposition of the grievance occurred. It is specifically understood however, that the Company shall not be responsible for any liabilities which may have accrued from the date of the initial withdrawal of the grievance by the Union, up to and including the date on which the grievance is reinstated. In addition, in those instances where the Company, by either its Director of Labour Relations or a Coca-Cola Refreshments Executive member, has reviewed the disposition of a Company grievance and found that such disposition was improperly effected by the Company or a Company representative, the Company may inform the National Union CAW in writing, that such Company grievance is reinstated in the grievance procedure at the step at which the original disposition of the grievance occurred. It is specifically understood however, that the Union shall not be responsible for any liabilities which may have accrued from the date of the initial withdrawal of the Company grievance, up to and including the date on which the grievance is reinstated. It is understood that the foregoing does not allow either party to nullify any settlement.
7.02 The Union Stewards herein referred to shall be employees of the Company and shall not be more than three (3) in number. The Union will notify the Company in writing of the names of such Stewards and may also notify the Company of the names of not more than an equal number of additional employees who may serve as alternate Stewards in the absence from work of a regular ▇▇▇▇▇▇▇. The Company will not recognize any individual as a ▇▇▇▇▇▇▇ until it has received such notification from the Union.
7.03 A ▇▇▇▇▇▇▇ shall be permitted reasonable time off work without loss of regular pay for the purposes of this Agreement, a grievance investigating and processing of grievances. Such time off shall be defined as: Any complaint by granted within 24 hours, excluding Saturdays and Sundays, unless a teacher covered by ▇▇▇▇▇▇▇ is available at work on Saturday or Sunday. The employee shall first seek permission from his/her supervisor and will notify his/her supervisor upon their return to work. Such permission shall not be unreasonably withheld.
(a) In this Agreement that:
(1) a "grievance" shall consist only of a difference concerning the teacher has been subject to a violationinterpretation, inequitable application, administration or misinterpretation alleged violation of a specific any provision of this Agreement, or
(2) the teacher has been subjected including any question as to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure whether a matter is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachersarbitratable. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a A grievance to discuss the matter informally with an appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days taken up within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty fifteen (2015) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. The Superintendent or designee will respond in writing within ten (10) working days of the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class employee becoming aware of teachers or is of a general nature, the Association may submit such a grievance in writing directly circumstances giving rise to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall . It will be deemed waived. Failure of the teacher filing understood that a verbal discussion at Step One in the grievance to appeal a decision within procedure will meet the time limit specified will mean that in which to take up the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the partiesgrievance(s).
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 1 contract
Sources: Collective Agreement
Grievances. SECTION 1 For It is understood that the purposes Employer may submit to the Union's Executive Committee any complaint with respect to the conduct of Union officers, Committee Members, stewards or members concerning the interpretation, application, administration or alleged violation of the provisions of this Agreement, and if such complaint by the Employer is not settled satisfactorily, it may be treated as a policy grievance and referred to Arbitration in the same manner as a policy grievance of the Union. Similarly, the Union shall have the right to process a policy grievance which could not otherwise be processed by individual employees and which deals with any difference which arises between the Parties from the interpretation, application, administration or alleged violation of the provisions of this Agreement. An Employer Policy grievance shall be defined as: Any complaint filed within thirty (30) working days of the day on which the circumstances giving rise to the grievance occurred or came to the attention of the Employer. All policy grievances shall be initiated at the Step level of the Grievance Procedure. days thereafter, but not later. When either party requests that any matter be submitted to arbitration, it shall make Agreement Expiring March Children's Aid Society of the Region and Local such request in writing addressed to the other party to this Agreement, and at the same time nominate an arbitrator. Within five (5) working days thereafter the other party shall nominate an arbitrator; provided, however, that if such party fails to nominate an arbitrator as herein required, the Ministry of Labour for the Province of Ontario shall have power to effect such appointment upon applicationthereto by the party invoking arbitration procedure. The two arbitratorsso nominatedshall attempt to select by agreement a teacher covered by this Agreement that:
chairperson of the Arbitration Board. If they are unable to agree upon such a chairperson within a period of ten (110) working days, they shall then request the teacher Minister of Labour for the Province of Ontario to appoint an impartial chairperson. No person may be appointed as an arbitrator who has been subject involved in an attempt to a violation, inequitable application, negotiate or misinterpretation settle the grievance. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of a specific provision the grievance procedure. The Arbitration Board shall not be authorized to make any decision inconsistentwith the provisions of this Agreement, or
(2) the teacher has been subjected not to an unfair alter, modify, add to, or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose amend any part of this procedure is to secure, at Agreement. The proceedings of the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings Arbitration Board will be kept as informal expedited by the parties hereto and confidential as may be appropriate at any level the decision of this procedure.
SECTION 3 Nothing herein contained the majority, and where there is no majority, the decision of the Chairperson will be construed as limiting final and binding upon the right of any teacher having a grievance to discuss parties hereto and the matter informally with an appropriate member employee or employees concerned. Each of the administration parties hereto will bear the expense of the arbitrator appointed by it and to have the parties will share equally the expenses, if any, of the chairperson of the Arbitration Board. The parties acknowledge that the time limits set out in both the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association procedures must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No strictly complied with except by written communication, other document, or record relating agreement to any grievance extend them and failure to so comply shall be filed result in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be being deemed to have been waivedabandoned subject only to the provisions of Article of the Ontario Labour Relations Act, as amended. Upon mutual agreement by both parties, a single arbitrator may be appointed in lieu of an Arbitration Board. Upon mutual agreement, the parties may utilize the services of a Grievance Mediation Officer prior to proceeding to arbitration. The Superintendent or designee will respond in writing within ten (10) days of mediator must be mutually agreed to and the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified mediator's expenses shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived shared equally by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.. ARTICLE
Appears in 1 contract
Sources: Collective Agreement
Grievances. SECTION 1 For the purposes of this Agreement, a grievance shall be defined as: Any as any complaint by a teacher covered by this Agreement that:
(1) the teacher has been subject to a violation, inequitable application, or misinterpretation of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Draft - Awaiting SC 9/6/22 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. The Superintendent or designee will respond in writing within ten (10) days of the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 Draft - Awaiting SC 9/6/22 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION 1 For Subject to the purposes provisions of this AgreementArticle VI, a grievance shall be defined as: Any as a complaint by a teacher the Associations Grievance Committee in the unit covered by this Agreement that:
(1) that the teacher employee has been subject to a violation, inequitable application, or misinterpretation direct violation of a specific an express provision of this Agreement. Before a formal grievance is filed under Section 2, or
(2) an ▇▇▇▇▇▇▇ effort shall be made to adjust such grievance immediately and informally by a conference between the teacher has been subjected to an unfair or discriminatory act contrary to established policy employee, the Association representative and practicethe immediate supervisor.
SECTION 2 A grievance must be represented within ten (10) working days of the time of the occurrence of the alleged contract violation and must be processed in accordance with the steps, time limits and conditions set forth below: Step 1 ‑ The purpose of this procedure is to secure, at Association shall represent the lowest possible administrative level, equitable solutions grievance in writing to the problems Principal or Supervisor under whom he/she is employed of the building in which may from time he/she is employed. The grievance must state the specific provision of the Agreement which is alleged to time arise affecting the welfare have been violated. The Principal or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance Supervisor under whom he/she is employed shall attempt to discuss adjust the matter informally and shall give his/her answer within ten (10) working days. In the event the Principal or Supervisor under whom he/she is employed is not involved with an appropriate member the specific grievance, he/she will immediately refer the matter to Step 2 ‑ Be presented in writing to the Superintendent of Schools or his/her Designee, within fifteen (15) days after the answer of the administration Supervisor is due. The matter shall be investigated and a meeting set up within ten (10) working days of the receipt of the written grievance. The Superintendent shall respond in writing to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at within ten (10) working days after such adjustment above level one and to state its viewsmeeting. If the teacher so choosesmatter is not satisfactorily settled at this Step, it may Step 3 ‑ Be appealed in writing to the Superintendent and, when appropriate, to the School Committee within ten (10) working days The Committee or its designated representatives and the employee together with a representative of the Association may be present at level one. The grievant may not elect shall meet to have anyone other than discuss the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly promptly as possible, normally within fifteen (15) days of the number of days indicated at each level should be considered as maximum, and every effort should be made reference to expedite the processCommittee. For grievances and arbitration time limits, "days" shall be defined as days The School Committee will give its written answer to the grievance within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. The Superintendent or designee will respond in writing within ten (10) days following the conclusion of that meeting. If no satisfactory settlement of the Level Two meetinggrievance is made at this Step, it may Step 4 ‑ Be submitted to arbitration within twenty (20) working days after the Committee's answer is due. The appeal to arbitration shall be initiated by submitting a written notice of the intention to arbitrate within the period of fifteen (15) working days and shall be governed by the procedures set forth in Article VII.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 3 A grievance not initiated within the time limits specified shall be deemed waived. Failure of the teacher filing the grievance a party to appeal a decision within the time limit limits specified will shall mean that the grievance shall be is considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of In the event that the principal, supervisor or School Committee shall fail to answer an appeal within the time limit specified limits specified, the grievant shall mean that have the appeal may be taken right to take the grievance to the next step immediately. The above time limitations may be amended or waived by mutual written agreement of the parties.
SECTION 9 In 4 No reprisals of any kind will be taken by the event a grievance is filed on Committee or after June l which, if left unresolved until the beginning any member of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year administration or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide by the Association with copies of against any documents participant in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreementgrievance.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION 1 For the purposes of this AgreementIn accordance with Los Angeles Administrative Code Section 4.865a(3), a grievance shall be defined as: Any complaint by a teacher covered by this Agreement that:
(1) the teacher has been subject to a violation, inequitable application, or misinterpretation of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as employee may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, represented by a representative of the Association may be present at level one. The grievant employee’s choice in the informal discussion with the employee’s immediate supervisor, in all formal review levels, and in arbitration, provided, however, that such representative may not elect to have anyone other than be an employee or officer of another labor organization except with the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Los Angeles City Attorneys Association or the successor labor organization granted exclusive representation. The Association may designate a reasonable number of grievance representatives who must be members of the Unit, and shall provide the City Attorney's Office with a written list of employees who have been so designated. Management will quarterly accept changes to the list presented by the Association. The Association must be notified grievant and the representative may have a reasonable amount of paid time off for this purpose. However, the representative will receive paid time off only if he/she is the representative of record; is a member of the outcome same bargaining unit and Association as the grievant; and to the extent possible is employed within a reasonable distance from the work location of any level one grievance at which an Association the grievant. On occasion, where the representative of choice is not on the Association’s designated list, paid time off may be allowed with reasonable advance notification to Management if the representative is a member of the same bargaining unit and Association as the grievant, and to the extent possible is employed within a reasonable distance from the work location of the grievant. If a grievance representative must leave his/her work location to represent a grievant, he/she shall first obtain permission from his/her supervisor for such purpose. Permission to leave will be granted unless such absence would cause an undue interruption of work. If such permission cannot present.
SECTION 4 be granted promptly, the representative will be informed when time can be made available. Such time will not be more than forty-eight (48) hours, excluding scheduled days off and/or legal holidays, after the time of the representative's request unless otherwise mutually agreed to. Denial of permission to leave at the time requested will automatically constitute an extension of time limits provided in the grievance procedure, equal to the amount of the delay. Time spent on grievances outside of regular working hours of the employee and/or his/her representative shall not be counted as work time for any purpose. Whenever a grievance is to be presented during the working hours of the grievant and/or his/her representative, only that amount of time necessary to bring about a prompt disposition of the grievance will be allowed. No written communication, other document, or record relating to any grievance representative shall be filed transferred because of activity performed on behalf of an employee in accordance with this Article. Prior to conducting any investigatory interview with an employee that Management believes may result in disciplinary action against the personnel file maintained by employee, Management shall inform the School Department employee of the Town general nature of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam daysinterview. The employee shall have a reasonable amount of time limits specified may be extended only by mutual agreementto obtain representation. The term “reasonable amount of time” means that the employee shall have a maximum of three (3) business days to choose a representative who is available to represent the employee at the interview. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out employee’s responsibility to secure the attendance of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending his/her chosen representative at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiationsinterview. A teacher may contact the Association at any time prior If he/she is unable to or during the grievance procedure.
SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is laterdo so, the grievance employee shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. The Superintendent or designee will respond in writing within ten (10) days of the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced select another representative so that the grievance procedure interview may proceed. The representative may be exhausted prior to the end of the school year an Association member or as soon thereafter as is practicableoutside legal counsel.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 1 contract
Sources: Memorandum of Understanding
Grievances. SECTION 1 For If the purposes Employer has a complaint against the Union, it shall submit its grievance in accordance with the provisions of this AgreementStep Two, except that the notice shall be given to the President of the Local or other designated executive officer of the Union. The Union may file a grievance shall be defined as: Any complaint by a teacher covered by this Agreement that:
(1) the teacher has been subject to a violation, inequitable application, or misinterpretation on behalf of a specific provision of this Agreement, or
two (2) the teacher has been subjected or more employees commencing at Step One, if specifically requested in writing to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 do so by said employees. The purpose written request of this procedure is to secure, at the lowest possible administrative level, equitable solutions said employees shall be attached to the problems which grievance. Group grievances may from time to time arise affecting the welfare or only be filed within ten working conditions days of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member either Party becoming aware of the administration and circumstances giving rise to the complaint, or within ten working days after the event when the event could reasonably have the grievance adjusted without intervention been detected. Trillium Lakelands Collective Agreement Page When a dispute arises involving a question of the Association, provided the adjustment is not inconsistent with general application or general interpretation of the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so choosescollective agreement, a representative of the Association Policy Grievance may be present filed by either party at level one. The grievant may not elect Step In all situations involving the discipline of a Bargaining Unit member, the disciplinary letter shall be copied to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communicationUnion, other document, or record relating to and any grievance resulting therefrom shall be filed in at Step Two. Newly hired probationary employees shall not be entitled to grieve a termination during the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Articleprobationary period. It is understood that any grievances pending the Parties may mutually agree in writing to submit the grievance to a mutually agreed upon single Arbitrator at Step Three rather than an Arbitration Board. In the conclusion event that the Parties are unable to agree upon a single Arbitrator, having previously mutually agreed to proceed with a single Arbitrator, the Parties may request the Minister of Labour to make the contract will remain operative in appointment. It is understood that an employee, through the subsequent contract period unless settled in negotiations. A teacher may contact Local, has the Association right to have a National Representativeto assist the member at any time prior to or during formal stage of this procedure. At any stage in the grievance procedure.
SECTION 6 If , the parties by mutual consent in writing may elect to resolve the grievance by using grievance mediation. The parties shall agree on the individual to be the mediator and the time frame in which a resolution is to be reached. The timelines outlined in the grievance procedure shall be frozen at the end of twenty (20) days next following either time the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, parties mutually agreed in writing to use the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. The Superintendent or designee will respond in writing within ten (10) days mediation Upon written notification of the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly either party to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean other party indicating that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance mediation is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interestterminated, the time limits set forth herein will be reduced so that timelines in the grievance procedure may shall continue from the point at which they were frozen. The fees for the mediator shall be exhausted prior shared equally by the parties. The Employer acknowledges the right of the Union to elect or otherwise appoint a Grievance -Committee and/or Union Stewards, whose role is to assist Bargaining Unit members in relation to the end procedure. The Union recognizes and agrees that members of the school year or Grievance Committee, and Stewards, have regular duties to perform in connection with their employment. As a result, it is understood that the business of administering this agreement will be attended to, as soon thereafter much as possible, outside of regular working hours or, where that is practicablenot possible, with the least possible interference with regular duties.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 1 contract
Sources: Collective Agreement
Grievances. SECTION 1 For the purposes of this Agreement, a 8.1 A grievance shall be defined as: Any complaint by a teacher covered by this Agreement that:
(1) the teacher has been subject to a violation, inequitable application, or misinterpretation of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or any difference between the parties arising out concerning the interpretation, application, administration or alleged violation of this Collective Agreement.
8.2 It is agreed that the maintenance of harmonious relations between the parties requires the prompt filing and disposition of grievances.
8.3 It is agreed that in processing a grievance a teacher may have the assistance of the acts which occurred prior to Executive Director of the execution to this Agreement Local Association.
8.4 Grievances shall be submitted dealt with in successive steps as follows:
Step 1: A grievance must be presented within 15 teaching days of its occurrence or from the date on which the teacher ought to reasonably have become aware of its occurrence. The grievance shall be in writing and outline the Committee under nature and circumstances of its occurrence and the provisions section or sections of this Article. It the collective agreement alleged to have been violated as well as the remedy sought.
Step 2: If the grievance is understood that any grievances pending not settled at Step 1, the Board or The Alberta Teachers' Association, may, within the 30 calendar days following receipt of the written decision of administration at the conclusion of Step 1, refer the contract will remain operative grievance to a Board of Arbitration, and in such case, notify the other party of its intent to proceed to arbitration. The arbitrators shall be appointed and the proceedings carried on as described in the subsequent contract period unless settled in negotiationsLabour Relations Code, as amended from time to time. A teacher may contact the Association at any time prior to or during If the grievance procedure.
SECTION 6 If at is not taken to arbitration as herein provided within the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below30 calendar day period, the grievance shall be deemed to have been waived. The Superintendent or designee will respond in writing within ten (10) days settled at the conclusion of Step 1.
8.5 It is understood that should a satisfactory disposition of the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class not be reached at any step of the grievance procedure within the allotted times, the Board, the teachers or is of a general nature, the Local Association may submit such a grievance in writing directly proceed to the level of administration having next step. If the appropriate authority grieving teacher or the Local Association permits the times to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that lapse, the grievance shall be considered settled on the basis of the decision last made and shall not deemed to be eligible for further appealat an end. Failure of the School Committee to answer an appeal within the These time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived limits are mandatory unless extended by mutual agreement of the partiesagreement.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 1 contract
Sources: Collective Agreement
Grievances. SECTION 1 For The parties recognize the purposes value of discussions between employees and their supervisors to the end that problems might be resolved recourse to a formal grievance. When an employee, within the time limits prescribed in stage gives notice that wishes to take advantage of this clause, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits. Employees who feel themselves to be aggrieved by the interpretation of alleged violation of the provisions of this Agreement, shall have the right to present a formal written grievance in keeping with the following procedure: Employees shall have the right to discuss with and settle through the Supervisor any complaints they may have. Employees will have fifteen (15) days in which to submit a grievance shall be defined as: Any complaint by a teacher covered by this Agreement that:
(1) from the teacher has been subject to a violation, inequitable application, day on which they first became aware of the action or misinterpretation of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions circumstances giving rise to the problems which may from time to time arise affecting grievance. Employees shall state the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member precise nature of the administration and to have grievance, the grievance adjusted without intervention of the Association, provided Collective Agreement of which the adjustment interpretation is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present 'in dispute or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed alleged to have been waivedviolated, and the redress sought. The Superintendent Parking Services Director, or designee will respond in writing designate shall be the Employer's representative authorized to deal with Parking Services grievances at Stage Director of Management or designate, shall be the Employer's representative authorized to deal General Trades and Maintenance grievances at Stage The Security Officers Director. or designate, shall be the Employer's representative authorized to deal with Security Officers' grievances at Stage The designate Director shall forward a written reply to the grievance by hand or registered mail, with a copy to the ▇▇▇▇▇▇▇, the President of the Local and the National Component of the Alliance within ten (10) days of the Level Two meeting.
SECTION 7 If there receipt of grievance. The designated Director may request to the that a meeting take place to discuss the grievance. In such cases a meeting be scheduled within a period of ten (10) days of the receipt of the grievance. The time limits for the reply will commence on the day that the meeting is held. Employees may, if they so desire, be assisted or represented by the Alliance. Failing a grievance satisfactory settlement at Stage employees will have twelve (12) days in which directly affects to submit grievances to Stage from the date on which the reply at Stage was delivered or postmarked by registered mail or was due, provided that the support of and representation by the Alliance has been obtained. The President and CEO,or designate. shall be the Employer's representative authorized to deal with grievances at Stage The President and CEO,or designate, shall schedule a group hearing within the prescribed time limits, and the hearing shall be scheduled within a period of nine (9) days following receipt of the submission to Stage The time limits for the written reply at Stage will only from the day that the hearing is held. The President and CEO or class of teachers designate shall forward a written reply, by hand or is of by registered mail, with a general naturecopy to the ▇▇▇▇▇▇▇, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure President of the teacher filing and the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis National Component of the decision last made and shall not be eligible for further appeal. Failure Alliance, within nine (9) days of the School Committee to answer hearing at Stage Where the Corporation discharges an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l whichemployee, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents set forth in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.Clause applies except that:
Appears in 1 contract
Sources: Collective Agreement
Grievances. SECTION 1 Section 1. For the purposes of this Agreement, a grievance shall be defined as: Any complaint by a teacher an employee in the unit covered by this Agreement that:
agreement that (1) the teacher he has been subject to a violation, inequitable application, application or misinterpretation of a specific provision of this Agreement, or
Agreement or (2) the teacher he has been subjected to an unfair or discriminatory act contrary to established policy and practice. A "party in interest" is the person or persons making the claim and any person who might be required to take action or against whom action might be taken in order to resolve the claim.
SECTION 2 Section 2. The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems problems, which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure. Whenever a grievance is concerned directly with the School Committee or the Superintendent, the aggrieved person may initiate said grievance at Level 2. The grievance shall be returned to Level 1 if so decided at Level 2 or Level 3.
SECTION 3 Nothing herein contained Section 3. All documents, communications, and records dealing with the processing of a grievance will be construed as limiting filed separately from the personnel files of the participants.
Section 4. Each employee shall have the right to bring matters of personal concern or grievances as herein defined later to the attention of appropriate officials. Nothing contained in this Agreement shall be construed to prevent any teacher or group of teachers not acting on behalf of any teacher having a grievance to discuss employee organization or representing anyone but themselves from at any time discussing any problems with any of their supervisors, the matter informally with an appropriate member School Committee, or other representatives of the administration and to have School Committee without the grievance adjusted without intervention previous consent of the Association, provided nor shall any action taken by said supervisors, School Committee or its representative as a result of such discussion be the adjustment subject of a grievance or otherwise legally contested by said Association unless such action is not inconsistent with the terms in specific and direct contravention of a specific provision of this Agreement Agreement. The Association will be notified and have the right to attend any such session above the level of Principal. Any teacher covered by this contract may present individually his grievance without representation by the Association; provided, however, that with respect to any grievance above ▇▇▇▇▇ ▇, the Association has been shall be given timely notice of the grievance's presentation at such steps and shall have opportunity to be heard on the grievance before its disposition if the Association shall, within the five (5) days following receipt of such notice, advise the Superintendent of its desire to be so heard.
Section 5. Any party in interest may be represented at all stages of the grievance procedure by a person of his own choosing except that he may not be represented by a representative or an officer of any teacher organization other than the Association or its affiliates. When a teacher is not represented by the Association, the Association shall have the right to be present at such adjustment above level one and to state its views. If the teacher so chooses, a representative views at all stages of the Association may be present grievance procedure, except at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not presentLevel 1.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Section 6. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, maximum and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by prior mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, misunderstanding or difference between the parties arising out of the acts which occurred prior to the execution to of this Agreement agreement shall be submitted to the Committee under the provisions provision of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If Section 7. If, at the end of twenty the fifteen (2015) school days next following either the occurrence of any grievance grievance, (or the date when the teacher should reasonably have had first knowledge of its such occurrence, whichever is later, ) the grievance shall not have been presented in writing at Level One1, as set forth below, the grievance shall be deemed to have been waived; and any such grievance in course under such procedure shall also be deemed to have been waived if the action required to present it to the next level in the procedure shall not have been taken within the time specified thereof in this Article.
Section 8. The Superintendent Subject to the foregoing, all grievances must be processed in accordance with the steps, time limits, and conditions set forth below:
Level 1. A teacher with a grievance shall first discuss it with his principal or designee will respond immediate supervisor with the object of resolving the matter informally.
Level 2. If the teacher is not satisfied with the disposition of his grievance at Level 1 or if no decision has been rendered within five (5) school days after presentation of the grievance, he may submit the grievance in writing simultaneously with the Superintendent of Schools and with the President of the Association within five (5) days after the decision at Level 1 or ten (10) school days of the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing after the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appealwas initially presented, whichever is sooner. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.Within five
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION 1 For A. In a mutual effort to provide a harmonious working relationship between the purposes parties to this agreement, it is agreed to and understood by both parties, that there shall be a procedure for the resolution of grievances between the parties.
B. Every effort will be made by the parties to settle any grievance as expeditiously as possible. Should the grieving party fail to observe the time limits as set out in the steps of this Article, their grievance shall be considered conclusively abandoned. Any grievance not answered by management within the prescribed time limits shall automatically advance to the next higher step.
C. A grievance is defined as, and is limited to, any dispute involving the interpretation or application of this Agreement. A dispute over disciplinary action is not a grievance, a grievance but is considered an appeal of disciplinary action and shall be defined asprocessed as set forth in this Agreement.
D. For the purpose of this Article, time is considered to be of the utmost importance. Accordingly, any grievance not submitted in accordance with the time limits provided below shall be considered exclusively abandoned and shall be barred, forfeited and forever foreclosed for all contractual purposes and shall result in the forfeiture of all rights to arbitration. Any grievance not answered or processed by the CITY within the time limits provided below shall equate to a denial and the UNION may, at its discretion, advance the grievance to the next step in the process. STEP ONE: Any complaint by a teacher In the event an Employee covered by this Agreement that:
(1) believes that there is a basis for a grievance, as that term is defined above, the teacher has been subject to a violation, inequitable application, or misinterpretation of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to Employee shall first discuss the matter informally with an appropriate member of the administration and to have the alleged grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its viewsUNION. If the teacher so choosesUNION determines that the issue warrants a formal grievance, the UNION may file a representative of the Association may be present at level oneformal written grievance. STEP TWO: The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance form shall be filed in with the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days CITY Manager within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiations. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty (20) days next following either of the occurrence act or omission which gives rise to the grievance. In conjunction with filing, the UNION, at its option to request a meeting with the CITY Manager or the UNION may request the meeting by other writing. The CITY Manager or designee shall meet with the UNION to discuss the grievance if the UNION has elected to request a meeting. STEP THREE: Within twenty (20) days after the date of any receipt of the grievance or of the date when meeting with the teacher should reasonably have had first knowledge of its occurrenceUNION, whichever is laterif one was requested, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. The Superintendent CITY Manager or designee will respond to the UNION in writing writing. STEP FOUR: If the UNION is not satisfied with the response from the CITY Manager or designee, the UNION may submit the grievance to arbitration by filing a request for a seven (7) name arbitration panel to the American Arbitration Association. The submission must be made within ten thirty (1030) days of the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class date of teachers or is the CITY Manager’s letter to the UNION, as evidenced by actual filing with the American Arbitration Association. The parties shall select an arbitrator by each striking three (3) names in alternating fashion, until the parties select an arbitrator. The party striking first shall be determined by the toss of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the School Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual coin or agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning . The selection process shall occur within thirty (30) days of receipt of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicablepanel list.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION 1 For the purposes The purpose of this Agreement, Article is to establish a grievance shall be defined as: Any complaint by a teacher covered by this Agreement that:
(1) procedure for the teacher has been subject to a violation, inequitable application, or misinterpretation settlement of grievances which involve the interpretation and application of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings All such grievances will be kept handled as informal and confidential as may be appropriate at any level of provided in this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above level one and to state its viewsArticle. If the teacher so chooses, a representative of the Association may be present at level one. The grievant may not elect to have anyone other than the exclusive bargaining representative present or to represent him/her during the grievance/arbitration procedure without the express written consent of the Association. The Association must be notified of the outcome of any level one grievance at which an Association representative is not present.
SECTION 4 No written communication, other document, or record relating to any grievance shall be filed in considered under the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since grievance procedure unless it is important that grievances be processed presented as rapidly as possible, provided herein with reasonable promptness after the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior circumstances giving rise to the execution to this Agreement shall be submitted to the Committee under the provisions of this Article. It is understood that any grievances pending at the conclusion of the contract will remain operative in the subsequent contract period unless settled in negotiationsgrievance first occurred. A teacher may contact the Association at any time prior to or during the grievance procedure.
SECTION 6 If at the end of twenty (20) days next following either the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. The Superintendent or designee will respond in writing within ten (10) days of the Level Two meeting.
SECTION 7 If there is a grievance which directly affects a group or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly to the level of administration having the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated within the time specified shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made answer given. If a grievance is once settled in any of the following steps, it shall be considered closed and shall not thereafter be eligible for further appeal. Failure of the School Committee subject to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure or to arbitration hereunder.
Step 1. The aggrieved employee, either with or without a Union representative, shall first take up the matter with the immediate supervisor. The grievance of the employee may be exhausted prior adjusted in a manner not inconsistent with the terms of this Agreement, provided that the Union representative has been given an opportunity to be present. If the matter is not satisfactorily settled as a result of their discussion, the Union representative, shall submit the written grievance to the end same immediate supervisor who shall add an answer in writing and send the grievance to the Department Head (or designee) with a copy to the Union. If the grievance concerns discharge or discipline of an employee, the grievance must also be signed by the employee involved in order to advance beyond Step 2.
Step 2. Within one (1) week after the written grievance is received by the Department Head (or designee), but not more than ten (10) days after it is submitted to the supervisor in Step 1, the Department Head (or designee) shall meet with the Union representative after which an answer in writing shall be submitted to the Union within one (1) week.
Step 3. If no satisfactory settlement is reached in Step 2, the Union may submit the grievance to the Director of Labor and Employee Relations (or designee), who shall meet with the Chief ▇▇▇▇▇▇▇ and a Business agent within one (1) week after submission and shall give an answer in writing to the Union within one
(1) week after such meeting. If the nature of the school year or as soon thereafter as is practicable.
SECTION 10 The School Committee willgrievance makes it appropriate, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which written grievance may be necessary for submitted directly by the Association Union to process grievances under the AgreementDirector of Labor and Employee Relations or by the Director of Labor and Employee Relations to the Union. The procedure set forth in the preceding paragraph shall apply.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievances. SECTION 1 For Section 1. A grievance is hereby defined as an actual dispute between the purposes of this Agreement, a grievance shall be defined as: Any complaint by a teacher city and the union or an employee covered by this Agreement that:
(1) agreement concerning only the teacher has been subject to a violation, inequitable application, meaning or misinterpretation interpretation of a specific provision of this Agreement, or
(2) the teacher has been subjected to an unfair or discriminatory act contrary to established policy and practice.
SECTION 2 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.
SECTION 3 Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member of the administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement agreement as they affect the members of the Union or said employees.
(a) All discipline, reprimands, suspensions and that discharges shall be for just cause only.
(b) Disciplinary reprimands, both oral and written, may be grieved pursuant to the Association has been given provisions hereof, but such reprimands may not be referred to arbitration as provided in Section 7 hereof; as to such reprimands, the opportunity decision of the City Manager is final. All other disciplinary actions are subject to the provisions of this Article, as modified by this section.
(c) Suspensions, and discharges, may be grieved pursuant to the provisions hereof, including binding arbitration, and in lieu of any proceedings otherwise available before the Civil Service Commission. In such cases, it shall be unnecessary to file said grievance pursuant to Sections 4 and 5 hereof, the notice to the City Manager's Office provided for herein being sufficient to give the arbitrator jurisdiction of the matter, and said time limits herein provided being the only such limits regarding notice of intent to arbitrate required to be present at met by such adjustment above level one and employee, any provisions of Section 8 to state its viewsthe contrary notwithstanding. If In order to exercise the teacher so choosesoption provided for hereunder to refer a matter to an arbitrator rather than the Civil Service Commission, or to have an arbitrator adjudicate a suspension not within the jurisdiction of the Civil Service Commission, an employee must file with the City Manager's Office, in writing, a representative notice that such employee wishes such suspension or discharge to be referred to arbitration, which arbitration shall be conducted pursuant to the provisions of this Chapter except where expressly modified by the provisions hereof. Such a notice must be filed not later than the end of the Association may fifth business day following the notice to the employee of the discipline to be present at level oneimposed. The grievant may not elect Failure to file such a notice within the time limits provided herein shall constitute a waiver of the right of such employee to have anyone other than said matter arbitrated, and any disciplinary proceedings initiated following such failure to file such notice, if any are required, shall be pursuant to the exclusive bargaining representative present Civil Service law. A decision by either the Civil Service Commission or to represent him/her during the grievance/arbitration procedure without the express written consent an arbitrator shall preclude consideration of the Association. The Association must be notified of same matter by the outcome of any level one grievance at which an Association representative is not presentother.
SECTION 4 No written communication, other document, (d) The filing of a grievance or record relating a notice of intent to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Needham for any teacher involved in presenting such grievance.
SECTION 5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. For grievances and arbitration time limits, "days" shall be defined as days within the work year for teachers when students are in scheduled classes, including part-days and exam days. The time limits specified may be extended only by mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of the acts which occurred prior to the execution to this Agreement shall be submitted to the Committee arbitrate under the provisions of this ArticleArticle precludes the employee from any other review, appeal or hearing otherwise available or required by law, unless expressly permitted herein.
Section 3. It No arbitration order or award entered under the provisions hereof may limit or interfere with the powers, duties and responsibilities vested in the City Council under applicable State law.
Section 4. The Union or any employee covered by this Agreement shall first attempt to resolve any grievance orally with the appropriate battalion or division chief. The battalion or division chief will attempt to resolve the dispute whenever possible, and if not settled, state reasons why such was not possible. Grievances settled at this level are not precedent for future grievances.
Section 5. A Battalion Chief shall respond to the Union’s grievance within five (5) business days. If the Union is understood that any grievances pending at not satisfied with the conclusion particular battalion or division chief's response, the written grievance may be filed with the Fire Chief. The grievance shall state in simple and concise terms the nature of the contract will remain operative dispute and shall specify the portion of the Agreement which the Union or the employees feels is being violated. The Fire Chief shall meet with two (2) representatives within ten (10) business days after receiving the grievance. The Fire Chief shall give said officer's response in the subsequent contract period unless settled in negotiationswriting within five (5) business days thereafter. A teacher may contact "business day", for the Association at purposes of this Article, shall be any time prior to or during day on which the grievance procedureCity's Administrative Offices are open and conducting business.
SECTION 6 Section 6. If at the end of twenty (20) days next following either union is not satisfied with the occurrence of any grievance or the date when the teacher should reasonably have had first knowledge of its occurrence, whichever is laterFire Chief's response, the written grievance shall may be referred to the City Manager within five (5) business days after the Fire Chief's decision.
Section 7. If the union is not have been presented at Level One, as set forth belowsatisfied with the City's response, the written grievance shall and the City's responses may be deemed referred to have been waived. The Superintendent or designee will respond arbitration by so notifying the City Manager's Office in writing within ten (10) days after the City Manger's decision.
Section 8. The arbitrator shall have no authority to amend, modify, nullify, ignore, add to or subtract from the provisions of this agreement. He shall only consider and make a decision with respect to the specific issue submitted to him in writing, and shall have no authority to make a decision as to any other issue not so submitted to him or as to any issue not covered by the terms of this agreement. In the event that the arbitrator finds a violation of the Level Two meetingterms of this agreement, he shall fashion an appropriate remedy within the limits provided herein. The arbitrator shall have no power to make a decision that is contrary to the laws of the State of Illinois or the United States. The arbitrator shall submit his written decision to the parties within thirty (30) business days of the close of the hearings or the submission of briefs, whichever is later, unless the parties agree to an extension. A decision rendered consistent with the terms hereof shall be final and binding and may be enforced at the instance of either party pursuant to the procedure in the Illinois Public Labor Relations Act. The pendency of any proceedings for review of the arbitrator's decision as allowed by law shall not automatically stay the order of the arbitrator.
SECTION 7 Section 9. For all arbitrations, the losing party shall bear the cost of the arbitration, as well as the cost of providing the arbitrator a transcript of the hearings. In the event that the decision of the arbitrator finds in part for each party the arbitrator shall provide in his order for the assessment and division of such costs. All proceedings shall be transcribed unless mutually agreed to the contrary. Each party shall be responsible for compensating its own representatives and witnesses.
Section 10. No grievance shall be entertained or processed unless submitted, in writing to the Fire Chief, as per Section 5 hereof, within fifteen (15) business days of the date that the employee knew or should have known of the event giving rise to a grievance. Any award to an aggrieved employee for a violation of the terms of this agreement shall be limited to consideration of only the said fifteen (15) business days immediately preceding the filing of the grievance plus any period thereafter during which such practice continued. If there is a grievance which directly affects a group is not appealed by the union or class of teachers or is of a general nature, the Association may submit such a grievance in writing directly employee to the level of administration having next step in the appropriate authority to resolve said grievance.
SECTION 8 A grievance not initiated procedure set out herein within the time specified limits set forth or as mutually extended in writing, it shall be deemed waived. Failure of the teacher filing the grievance to appeal a decision within the time limit specified will mean that the grievance shall be considered waived and settled on the basis of the decision city's last made and response.
Section 11. The affected employee shall not have the right to be eligible for further appeal. Failure present at any of the School Committee hearings provided for herein if such employee so chooses.
Section 12. If a request for arbitration is made as provided in Section 7 hereof and the parties are unable to answer mutually agree upon an appeal arbitrator within the time limit specified shall mean that the appeal may 10 business days thereof, then FMCS must be taken so notified in writing, and asked to submit a panel of arbitrators as therein
Section 13. An employee receiving a suspension may, upon written notification to the next step immediately. The above limitations may be waived by mutual agreement of the parties.
SECTION 9 In the event a grievance is filed on or after June l which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted Fire Chief and prior to the end commencement of such suspension, elect to use any accumulated vacation leave for the duration of such suspension. If an employee elects to use accumulated vacation leave for the duration of the school year suspension, the employee waives their right to a hearing before the Civil Service Commission or as soon thereafter as is practicablebefore an Arbitrator pursuant to Article 18.
SECTION 10 The School Committee will, upon request, provide the Association with copies of any documents in its possession including approved minutes of the School Committee which may be necessary for the Association to process grievances under the Agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement