Common use of Levels of Grievance Clause in Contracts

Levels of Grievance. L evel One—Supervisor The grievant may first discuss their grievance with their principal or supervisor with the objective of resolving the matter informally. If the matter is not resolved informally, the grievant may within 20 days following the act or condition which is the basis of the complaint, or within 20 days of the first knowledge, reduce the grievance to writing and file with their immediate supervisor. The written grievance shall set forth the facts and contract article, Board policy or administrative regulation, as applicable, that they claim was violated and the reasons why the grievant considers the decision rendered at the informal step to be unacceptable. The immediate supervisor shall communicate a decision in writing within five days to the grievant. Within five days of receipt of the decision rendered by the immediate supervisor, the grievant, if they are not satisfied with the decision of the immediate supervisor, may appeal in writing to the Superintendent or their designee. L evel Two—Superintendent Appeals to the Superintendent or their designee shall be heard within 10 days of their receipt of the appeal. Written notice of the time and place of the hearing shall be given five days prior thereto to the grievant and the Association. Attendance at the hearing of appeal shall be restricted to the grievant, their representative, the designated representatives of the District and the Association. The parties will have the opportunity to call witnesses and present their case. Within 10 days of hearing the appeal, the Superintendent or their designee shall communicate to the grievant and the Association their written decision, which shall include supporting reasons thereof. If the grievant is not satisfied with the decision of the Superintendent or their designee and if the grievance is a contract or policy grievance as defined in Section A. hereof, they may file a written appeal with the Superintendent within 10 days from the receipt of the Superintendent’s or their designee’s decision. The appeal shall state the grievant’s reasons for appealing the decision of the Superintendent and request appeal to Level Three—Board for Policy Grievances. For Contract Grievances, the appeal may be taken either to the Board or to Arbitration, but not both. If the Board is selected, its decision shall be final and binding upon the parties. L evel Three—Board Only the specific grievance as filed at Level One may be submitted to the Board, unless new evidence or a new basis for the grievance becomes known as a result of the Level Two hearing. In such a case the Association may file a revised grievance at Level One. Within 10 days of receipt of the appeal, the Superintendent or their designee shall establish a date for a Board hearing on the grievance, which shall be not more than 30 calendar days from the date of receipt of the grievance, and notify the grievant and the Association thereof. The Board shall have no power to subtract from, modify, or amend any terms of this Agreement, and shall further be limited to determining if there has been a violation or erroneous application of established District policy. Within 10 days of hearing the appeal, the Board shall communicate to the grievant and the Association its written decision. L evel Three—Arbitration Only the Association may pursue a grievance to Level Three—Arbitration. Only the specific grievance as filed at Level One may be submitted to arbitration. Within five days of receipt of the appeal, the Superintendent or their designee and the Association shall attempt to select a mutually acceptable arbitrator. If this is not done, the parties shall, on the sixth day, initiate a request to the Employment Relations Board for a list of arbitrators. The parties agree to abide by the AAA rules for the conduct of the hearing. The arbitrator shall have no power to advise on salary adjustments, except as to the improper application thereof, nor to add to, subtract from, modify or amend any terms of this Agreement. The arbitrator shall have no power to substitute their discretion for that of the Board in any manner not specifically contracted away by the Board. A decision and award of the arbitrator shall, within the scope of their authority, be binding upon the parties. C ost of Arbitration Expenses of the arbitrator shall be borne equally by the parties; however, each party shall be responsible for compensating actual expenses or fees of its own representatives and witnesses. If either party desires a verbatim recording of the proceedings, it may cause such a record to be made, provided it pays for the record and makes a copy available without charge to the arbitrator. If the other party desires a copy, both parties shall jointly share the cost of the transcript and all copies.

Levels of Grievance. L evel Level One—Supervisor . The grievant may first shall discuss their a grievance with their the principal or supervisor immediate supervisor, either directly or through the Association’s designated representative, with the objective of resolving the matter informally. If the matter grievant is not resolved informallysatisfied with the disposition of their grievance, the grievant they may file a written grievance with their immediate supervisor within 20 ten (10) days following the act or condition which is the basis of the complaint, or if the grievant had no knowledge of said occurrence at the time of its happening, then within 20 ten (10) days of the first knowledge, reduce or the grievance to writing and file with their immediate supervisortime the grievant reasonably should have had knowledge. The This written grievance complaint shall set forth the facts and contract article, Board policy or administrative regulation, as applicable, that they claim was violated grounds upon which the complaint is based and the reasons reason why the grievant considers the decision rendered at unacceptable. The complaint shall contain: a. Statement of the informal step to be unacceptablenature of the grievance. b. Specific provisions of Agreement allegedly violated. c. Remedy requested. d. Signature of grievant and the Council’s representative. The immediate supervisor shall communicate a their decision in writing within five (5) days to of receipt of the grievantwritten complaint. Within five (5) days of receipt of the decision rendered by the immediate supervisor, the grievant, if they are is not satisfied with the decision of the immediate supervisor, may appeal in writing to the Superintendent/Principal. The appeal shall state the grievant’s reason for appealing the decision at Level One and request appeal to Level Two, the Superintendent and or their designeePrincipal. L evel Two—Superintendent Appeals to the Superintendent or their designee shall be heard by the Superintendent within 10 ten (10) days of their receipt of the appeal. Written notice of the time and place of the hearing shall be given five (5) days prior thereto to the grievant and grievant, their representative or any other person officially involved in the Associationgrievance. Attendance at the hearing of appeal shall be restricted to the grievantpersons officially involved, and their representative, the designated representatives of the District and the Associationrepresentatives. The parties will have the opportunity Parties in interest may elect to call witnesses and present their casewho shall appear individually at the hearing. Within 10 five (5) days of hearing the appeal, the Superintendent or their designee shall communicate to the grievant and all other parties officially present at the Association hearing their written decision, which shall include supporting reasons thereofreasons. If the grievant is not satisfied with the decision of the Superintendent or their designee and if the grievance is a contract or policy grievance as defined in Section A. hereofSuperintendent, they may file a written appeal with the Superintendent within 10 five (5) days from the receipt of the Superintendent’s or their designee’s Superintendent decision. The appeal shall state the grievant’s reasons reason for appealing the decision of the Superintendent and request appeal to Level Three—Board for Policy Grievances. For Contract Grievances, the appeal may be taken either to the Board or to Arbitration, but not both. If the Board is selected, its decision shall be final and binding upon the parties. L evel Three—Board Only the specific grievance as filed at Level One may be submitted to the School Board, unless new evidence or a new basis for the grievance becomes known as a result of the Level Two hearing. In such a case the Association may file a revised grievance at Level One. Within 10 days of receipt of the appeal, the Superintendent or their designee shall establish a date for a Board hearing on the grievance, which shall be not more than 30 calendar days from the date of receipt of the grievance, and notify the grievant and the Association thereof. The Board shall have no power to subtract from, modify, or amend any terms of this Agreement, and shall further be limited to determining if there has been a violation or erroneous application of established District policy. Within 10 days of hearing the appeal, the Board shall communicate to the grievant and the Association its written decision. L evel Three—Arbitration Only the Association may pursue a grievance to Level Three—Arbitration. Only the specific grievance as filed at Level One may be submitted to arbitration. Within five days of receipt of the appeal, the Superintendent or their designee and the Association shall attempt to select a mutually acceptable arbitrator. If this is not done, the parties shall, on the sixth day, initiate a request to the Employment Relations Board for a list of arbitrators. The parties agree to abide by the AAA rules for the conduct of the hearing. The arbitrator shall have no power to advise on salary adjustments, except as to the improper application thereof, nor to add to, subtract from, modify or amend any terms of this Agreement. The arbitrator shall have no power to substitute their discretion for that of the Board in any manner not specifically contracted away by the Board. A decision and award of the arbitrator shall, within the scope of their authority, be binding upon the parties. C ost of Arbitration Expenses of the arbitrator shall be borne equally by the parties; however, each party shall be responsible for compensating actual expenses or fees of its own representatives and witnesses. If either party desires a verbatim recording of the proceedings, it may cause such a record to be made, provided it pays for the record and makes a copy available without charge to the arbitrator. If the other party desires a copy, both parties shall jointly share the cost of the transcript and all copies.

Levels of Grievance. L evel One—Supervisor a. Level One With a view to informal settlement, disputes shall be thoroughly discussed between the grievant and the supervisor to seek grounds for resolution. The grievant supervisor/director may first discuss their grievance with their principal have present the Deputy Superintendent or supervisor with the objective of resolving the matter informallydesignee at this discussion. If the matter grievant is not resolved informallysatisfied with the disposition of the grievance, a written grievance may be filed with the grievant may supervisor/director who has administrative authority to act within 20 ten (10) days following the act or condition which is the basis of the complaint, or within 20 days of the first knowledge, reduce the grievance to writing and file with their immediate supervisorinformal meeting. The written This grievance shall set forth the facts and contract article, Board policy or administrative regulation, as applicable, that they claim was violated grounds upon which the grievance is based and the reasons why the grievant considers the decision rendered at the informal step to be unacceptable. The immediate supervisor supervisor/director shall communicate a the decision in writing within five (5) days to the grievant. Within five ten (10) days of receipt of the decision rendered by the immediate supervisor/director, the grievant, if they are not satisfied with the decision of the immediate supervisor/director, may appeal in writing to the Superintendent or their designee. L evel Two—Superintendent Superintendent. b. Level Two Appeals to the Superintendent or their designee shall be heard by the Superintendent or designee within 10 ten (10) days of their receipt of the appeal. Written Prior written notice of the time and place of the hearing meeting shall be given five days prior thereto to the grievant and grievant, the Associationrepresentative or any other persons officially involved. Attendance at the hearing meeting of appeal shall be restricted to the grievant, their representative, the designated representatives persons officially involved. The Superintendent may allow for parties in interest to call witnesses. Within ten (10) days of the District and the Association. The parties will have the opportunity to call witnesses and present their case. Within 10 days of hearing the appeal, the Superintendent or their designee shall communicate to the grievant and all other parties officially present at the Association their meeting the written decision, which shall include supporting reasons thereoftherefore. If the grievant is not satisfied with the decision of the Superintendent or their designee and if the grievance is a contract or policy grievance as defined in Section A. hereofSuperintendent, they may file a written appeal may be filed with the Superintendent within 10 ten (10) days from the receipt of the Superintendent’s or their designee’s decision. The appeal shall state the grievant’s reasons for appealing the decision of the Superintendent and request appeal to Level Three—, Board for Policy Grievances. For Contract Grievances, the of Directors. c. Level Three The appeal may be taken either to the Board or to Arbitration, but not both. If the Board is selected, its decision shall be final in writing and binding upon copies delivered to Board members, Superintendent and persons officially involved. The BOARD shall conduct the parties. L evel Three—Board Only the specific grievance as filed at Level One may be submitted to the Board, unless new evidence or a new basis for the grievance becomes known as a result of the Level Two hearing. In such a case the Association may file a revised grievance at Level One. Within 10 days of receipt of the appeal, the Superintendent or their designee shall establish a date for a Board hearing on the grievance, which shall be not more than 30 calendar days from the date of receipt of the grievance, and notify the grievant and the Association thereof. The Board shall have no power to subtract from, modify, or amend any terms of this Agreement, and shall further be limited to determining if there has been a violation or erroneous application of established District policy. Within 10 days of hearing the appeal, the Board BOARD shall communicate to the grievant and all other parties officially present at the Association hearing, its written decisiondecision and the facts that are the basis for that decision within ten (10) working days from the date of the hearing. L evel Three—Arbitration Only All BOARD meetings shall be conducted in accordance with the Association Oregon Public Meeting Law. Meetings may pursue a be open as required by the Public Meetings Law. The UNION will have ten (10) days following the BOARD’s decision to notify the DISTRICT of its intent to request arbitration of the dispute or if no decision has been rendered within ten (10) working days after the presentation, the UNION may request to submit the grievance to arbitration. d. Level Three—Arbitration. Only Four Grievances not settled in Level Three of the specific grievance as filed at Level One procedure may be submitted appealed to arbitration. Within five arbitration provided that a written notice of a request for arbitration is made by the UNION to the Superintendent within ten (10) working days of the receipt of the appealBOARD’s answer in Level Three. When timely request has been made for arbitration, the Superintendent parties or their designee and the Association designated representatives shall attempt to select a mutually acceptable an impartial arbitrator. If this is not doneFailing to do so, they shall within ten (10) days of the appeal jointly request the Oregon Employment Relations Board to submit a list of seven (7) arbitrators. As soon as the list has been received, the parties or their designated representatives shall determine by lot the order of elimination and thereafter each shall, in that order, alternately strike a name from the list, and the seventh (7th) and remaining name shall act as the arbitrator. The arbitrator shall schedule a meeting on the sixth daygrievance and, initiate after hearing such evidence as the parties desire to present, shall render a request to the Employment Relations Board for a list of arbitrators. The parties agree to abide by the AAA rules for the conduct of the hearingwritten decision. The arbitrator shall have no power to advise on salary adjustments, except as to the improper application thereof, nor to add to, subtract from, modify modify, or amend any terms of this Agreement. The arbitrator shall have no power to substitute their the arbitrator’s discretion for that of the Board BOARD in any manner not specifically contracted away by the BoardBOARD. A decision and award of the arbitrator shall, within the scope of their the arbitrator’s authority, be final and be binding upon the parties. C ost There shall be no valid claim of Arbitration Expenses a violation of the arbitrator shall be borne equally by Agreement regarding any act or condition, which occurs after the parties; however, each party shall be responsible for compensating actual expenses or fees of its own representatives and witnesses. If either party desires a verbatim recording of the proceedings, it may cause such a record to be made, provided it pays for the record and makes a copy available without charge to the arbitrator. If the other party desires a copy, both parties shall jointly share the cost of the transcript and all copiesexpiration thereof.

Levels of Grievance. L evel One—Supervisor a. Level One With a view to informal settlement, disputes shall be thoroughly discussed between the grievant and the supervisor to seek grounds for resolution. The grievant supervisor/director may first discuss their grievance with their principal have present the Deputy Superintendent or supervisor with the objective of resolving the matter informallydesignee at this discussion. If the matter grievant is not resolved informallysatisfied with the disposition of the grievance, a written grievance may be filed with the grievant may supervisor/director who has administrative authority to act within 20 ten (10) days following the act or condition which is the basis of the complaint, or within 20 days of the first knowledge, reduce the grievance to writing and file with their immediate supervisorinformal meeting. The written This grievance shall set forth the facts and contract article, Board policy or administrative regulation, as applicable, that they claim was violated grounds upon which the grievance is based and the reasons why the grievant considers the decision rendered at the informal step to be unacceptable. The immediate supervisor supervisor/director shall communicate a the decision in writing within five (5) days to the grievant. Within five ten (10) days of receipt of the decision rendered by the immediate supervisor/director, the grievant, if they are not satisfied with the decision of the immediate supervisor/director, may appeal in writing to the Superintendent or their designee. L evel Two—Superintendent Superintendent. b. Level Two Appeals to the Superintendent or their designee shall be heard by the Superintendent or designee within 10 ten (10) days of their receipt of the appeal. Written Prior written notice of the time and place of the hearing meeting shall be given five days prior thereto to the grievant and grievant, the Associationrepresentative or any other persons officially involved. Attendance at the hearing meeting of appeal shall be restricted to the grievant, their representative, the designated representatives persons officially involved. The Superintendent may allow for parties in interest to call witnesses. Within ten (10) days of the District and the Association. The parties will have the opportunity to call witnesses and present their case. Within 10 days of hearing the appeal, the Superintendent or their designee shall communicate to the grievant and all other parties officially present at the Association their meeting the written decision, which shall include supporting reasons thereoftherefore. If the grievant is not satisfied with the decision of the Superintendent or their designee and if the grievance is a contract or policy grievance as defined in Section A. hereofSuperintendent, they may file a written appeal may be filed with the Superintendent within 10 ten (10) days from the receipt of the Superintendent’s or their designee’s decision. The appeal shall state the grievant’s reasons for appealing the decision of the Superintendent and request appeal to Level Three—, Board for Policy Grievances. For Contract Grievances, the of Directors. c. Level Three The appeal may be taken either to the Board or to Arbitration, but not both. If the Board is selected, its decision shall be final in writing and binding upon the parties. L evel Three—copies delivered to Board Only the specific grievance as filed at Level One may be submitted to the Board, unless new evidence or a new basis for the grievance becomes known as a result of the Level Two hearing. In such a case the Association may file a revised grievance at Level One. Within 10 days of receipt of the appealmembers, the Superintendent or their designee and persons officially involved. The Superintendent shall establish a date for a Board hearing on notify the grievance, which shall be not more than 30 calendar grievant within ten (10) working days from of the date of receipt of the grievance, and notify the grievant and the Association thereofBOARD hearing. The Board BOARD shall have no power to subtract from, modify, or amend any terms of this Agreement, and shall further be limited to determining if there has been a violation or erroneous application of established District policyconduct the hearing. Within 10 days of hearing the appeal, the Board The BOARD shall communicate to the grievant and all other parties officially present at the Association hearing, its written decisiondecision and the facts that are the basis for that decision within ten (10) working days from the date of the hearing. L evel Three—Arbitration Only All BOARD meetings shall be conducted in accordance with the Association Oregon Public Meeting Law. Meetings may pursue a be open as required by the Public Meetings Law. The UNION will have ten (10) days following the BOARD’s decision to notify the DISTRICT of its intent to request arbitration of the dispute or if no decision has been rendered within ten (10) working days after the presentation, the UNION may request to submit the grievance to arbitration. d. Level Three—Arbitration. Only Four Grievances not settled in Level Three of the specific grievance as filed at Level One procedure may be submitted appealed to arbitration. Within five arbitration provided that a written notice of a request for arbitration is made by the UNION to the Superintendent within ten (10) working days of the receipt of the appealBOARD’s answer in Level Three. When timely request has been made for arbitration, the Superintendent parties or their designee and the Association designated representatives shall attempt to select a mutually acceptable an impartial arbitrator. If this is not doneFailing to do so, they shall within ten (10) days of the appeal jointly request the Oregon Employment Relations Board to submit a list of seven (7) arbitrators. As soon as the list has been received, the parties or their designated representatives shall determine by lot the order of elimination and thereafter each shall, in that order, alternately strike a name from the list, and the seventh (7th) and remaining name shall act as the arbitrator. The arbitrator shall schedule a meeting on the sixth daygrievance and, initiate after hearing such evidence as the parties desire to present, shall render a request to the Employment Relations Board for a list of arbitrators. The parties agree to abide by the AAA rules for the conduct of the hearingwritten decision. The arbitrator shall have no power to advise on salary adjustments, except as to the improper application thereof, nor to add to, subtract from, modify modify, or amend any terms of this Agreement. The arbitrator shall have no power to substitute their the arbitrator’s discretion for that of the Board BOARD in any manner not specifically contracted away by the BoardBOARD. A decision and award of the arbitrator shall, within the scope of their the arbitrator’s authority, be final and be binding upon the parties. C ost There shall be no valid claim of Arbitration Expenses a violation of the arbitrator shall be borne equally by Agreement regarding any act or condition, which occurs after the parties; however, each party shall be responsible for compensating actual expenses or fees of its own representatives and witnesses. If either party desires a verbatim recording of the proceedings, it may cause such a record to be made, provided it pays for the record and makes a copy available without charge to the arbitrator. If the other party desires a copy, both parties shall jointly share the cost of the transcript and all copiesexpiration thereof.

Levels of Grievance. L evel One—Informal with Principal or Immediate Supervisor The grievant may aggrieved will first discuss their his/her grievance with their his/her principal or supervisor immediate supervisor, either individually or through the school grievance representative, or accompanied by an Association representative, with the objective of resolving the matter informally. If the matter aggrieved is not resolved informallysatisfied with the disposition of his/her grievance, the grievant he/she may file a written grievance with his/her immediate superior (who has administrative authority to act) within 20 ten (10) days following the act or condition which is the basis of the his/her complaint, or or, if the aggrieved had no knowledge of said occurrence at the time of its happening, then within 20 ten (10) days of the first such knowledge, reduce the grievance to writing and file with their immediate supervisor. The written grievance This complaint shall set forth the facts and contract articlegrounds upon which the complaint is based, Board policy or administrative regulationthe remedy sought, as applicable, that they claim was violated and the reasons why the grievant considers aggrieved considered the decision rendered at the informal step to be is unacceptable. The immediate supervisor shall communicate a his/her decision in writing within five (5) days to the grievantaggrieved. Within five (5) days of receipt of the decision rendered by the immediate supervisor, the grievantaggrieved, if they are he/she is not satisfied with the decision of the immediate supervisor, may appeal in writing to the Superintendent superintendent or their designeethe superintendent's representative. L evel Two—Superintendent Appeals to the Superintendent or their designee superintendent shall be heard by the superintendent within 10 ten (10) days of their his receipt of the appeal. Written notice of the time and place of the hearing shall be given five (5) days prior thereto to the grievant and aggrieved, his/her representative or any other persons officially involved in the Associationgrievance. Attendance at the hearing of appeal shall be restricted to the grievant, their representative, the designated representatives of the District and the Associationpersons officially involved. The parties will have the opportunity Parties in interest may elect to call witnesses and present their casewho shall appear individually at the hearing. Within 10 five (5) days of hearing the appeal, the Superintendent or their designee superintendent shall communicate to the grievant aggrieved and all other parties officially present at the Association their hearing of his/her written decision, which shall include supporting reasons thereoftherefore. If the grievant aggrieved is not satisfied with the decision of the Superintendent or their designee and if the grievance is a contract or policy grievance as defined in Section A. hereofsuperintendent, they he/she may file a written appeal with the school district board of directors via the Superintendent within 10 five (5) days from the receipt of the Superintendent’s or their designee’s superintendent's decision. The appeal shall state the grievantaggrieved’s reasons for appealing the decision of the Superintendent superintendent and request appeal to Level Three—Board for Policy Grievances. For Contract Grievances, the appeal may be taken either to the Board or to Arbitration, but not both. If the Board is selected, its decision shall be final and binding upon the parties. L evel Three—Board Only the specific grievance as filed at Level One may be submitted to the Board, unless new evidence or a new basis for the grievance becomes known as a result Within five (5) days of the Level Two hearing. In such a case the Association may file a revised grievance at Level One. Within 10 days of receipt of the appeal, the Superintendent or their designee shall establish school district board of directors will notify all official parties of a date for a Board hearing on the grievance, which shall to be not more than 30 calendar held within ten (10) days from the date of receipt of the grievance, and notify the grievant and the Association thereof. The Board shall have no power to subtract from, modify, or amend any terms of this Agreement, and shall further be limited to determining if there has been a violation or erroneous application of established District policy. Within 10 days of hearing the appeal, the Board shall communicate to the grievant and the Association its written decision. L evel Three—Arbitration Only the Association may pursue a grievance to Level Three—Arbitration. Only the specific grievance as filed at Level One may be submitted to arbitration. Within five days of receipt of the appeal, . The board of directors shall hear arguments of the Superintendent or their designee superintendent and the Association shall attempt to select a mutually acceptable arbitrator. If this is not done, the parties shall, on the sixth day, initiate a request to the Employment Relations Board for a list of arbitratorsaggrieved. The parties agree to abide by the AAA rules for the conduct of the hearing. The arbitrator shall have no power to advise on salary adjustments, except as to the improper application thereof, nor to add to, subtract from, modify or amend any terms of this Agreement. The arbitrator shall have no power to substitute their discretion for that of hearing before the Board in any manner not specifically contracted away by the Board. A decision and award of the arbitrator shall, within the scope of their authority, be binding upon the parties. C ost of Arbitration Expenses of the arbitrator shall be borne equally a public hearing if required by Oregon law. Within five (5) days following the hearing the school board of directors shall render a decision in writing to all official parties; however, each party shall be responsible for compensating actual expenses or fees of its own representatives and witnesses. If either party desires a verbatim recording of the proceedings, it may cause such a record to be made, provided it pays for the record and makes a copy available without charge to the arbitrator. If the other party desires a copy, both parties shall jointly share the cost of the transcript and all copies.