Common use of Other Provisions Relating to the Grievance Procedure Clause in Contracts

Other Provisions Relating to the Grievance Procedure. 1. No act of recrimination may be taken against the grievant by the administration or any agent of the Board because of the grievant’s decision to file a grievance, including providing a prospective employer with any information regarding the grievance procedure. 2. The grievance shall (1) name the employee involved, (2) state the facts giving rise to the grievance, (3) identify the specific provisions of this Contract alleged to be violated, (4) state the contention of the grievant with respect to the grievance and, (5) indicate the specific relief requested, as provided on the grievance form, Appendix D. 3. Hearings shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses, entitled to be present to attend. Hearings shall be conducted during non-teaching hours, unless there is mutual agreement for other arrangements. 4. All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the personnel file of the participant and are not valid bases for evaluations or consideration of awarding any professional advantage to such a teacher. 5. In the event a grievance is filed so that sufficient time as indicated under all steps of the procedure cannot be provided before the last day of the school term and should it be necessary to pursue the grievance to all steps of the appeals, then said grievance shall be resolved under the terms of this Contract and this Article, and not under the succeeding Contract. 6. No grievant, witness, or representative to the grievant who is employed by the corporation shall incur loss of salary as a direct result of participating in the grievance procedure during regular school hours. 7. Nothing contained herein shall deny to any employee rights under State or Federal Constitutions and laws. 8. No employee shall use the grievance procedure to appeal any decision of the Board or administration if such decision is pursuant to any order of or written agreement with any State or Federal Regulatory Commission or Agency. 9. Should a grievance be filed which has as its cause an act or decision made by the Superintendent or Board, the grievant(s) may bypass level one.

Other Provisions Relating to the Grievance Procedure. 1(cont’d) E. Nothing in this agreement shall prevent the SEIU/FPSU or an individual grievant who is not represented by SEIU/FPSU from withdrawing the grievance at any step of the process with prejudice. No act A grievance, once withdrawn may not be refiled without the mutual written agreement between the District and SEIU/FPSU. ▇. ▇▇▇▇▇▇▇ of recrimination may be taken against the grievant by to proceed with the administration or any agent grievance within the timelines herein stipulated shallresult in the dismissal of the Board because grievance. A dismissed grievance may not be refiled without the mutual written agreement between the District and SEIU/FPSU. Failure of the grievant’s decision District or its representative to file a grievance, including providing a prospective employer with any information regarding take the required action within the times provided shall entitle the grievant toproceed to the next step of this grievance procedure. 2G. The grievant may have representatives at any level above the informal level of the grievance procedure. However, the grievant must be present at these hearings. ▇. The grievance shall (1) name Parties acknowledge that, as a principle of interpretation, employees are obligated to work, as directed while grievances are pending. I. The investigation and hearing of grievances by a Union ▇▇▇▇▇▇▇ will be conducted during the employee involved, (2) state the facts giving rise to the grievance, (3) identify the specific provisions of this Contract alleged to be violated, (4) state the contention regular working hours of the grievant with respect grievant(s). Stewards shall be allowed reasonable time off withoutloss of pay during regular shift hours for investigating grievances; however, each will first obtainverbal permission from his/her supervisor. Permission will not be unduly withheld by the supervisor. J. The commencing of legal proceedings against the District in a court of law or equity, or before PERC, the Department of Administrative Hearings (DOAH) or any other administrative agency, byan employee(s) or the SEIU/FPSU, for an alleged violation or violations of the express terms or this agreement shall be deemed a waiver by said employee(s), or SEIU/FPSU, of its/their right toresort to the grievance and, (5) indicate the specific relief requested, as provided on the grievance form, Appendix D. 3. Hearings shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses, entitled to be present to attend. Hearings shall be conducted during non-teaching hours, unless there is mutual arbitration procedure contained in this agreement for other arrangements. 4. All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the personnel file resolution of the participant and are not valid bases for evaluations alleged violation or consideration of awarding any professional advantage to such a teacher. 5. In the event a grievance is filed so that sufficient time as indicated under all steps violations of the procedure cannot be provided before the last day of the school term and should it be necessary to pursue the grievance to all steps of the appeals, then said grievance shall be resolved under the express terms of this Contract and this Article, and not under the succeeding Contractagreement. 6K. If the Parties are in dispute concerning the timeliness of filing or of appealing a grievance and thegrievance is appealed to Level Four, the Parties agree to bifurcate the arbitration hearing to allowthe issue of timeliness to be presented to the arbitrator first and then for the arbitrator to issuea bench ruling on this procedural threshold issue. No If the timeliness procedural issue is found in favor of the Union/grievant, witness, or representative the hearing can proceed with arguments relating to the grievant who merits of the grievance. If the timeliness procedural issue is employed found in favor of the District, the provisions of Section 4 F of the Grievance Procedure will be operative and the grievance will be considereddismissed. If the arbitrator determines he/she requires additional time (more than an hour) to consider the timeliness procedural issue and elects not to issue a bench ruling on this threshold issue, the arbitration proceedings will be adjourned to allow the arbitrator the time necessary to make this determination andhe/she may rely on briefs submitted by the corporation shall incur loss Parties relating to this threshold procedural issue. If the timeliness procedural issue is found in favor of salary as a direct result of participating in the Union/grievant, the grievance procedure during regular school hours. 7hearing will be reconvened to proceed with arguments relating to the merits of the grievance. Nothing contained herein shall deny to any employee rights under State or Federal Constitutions If the timeliness procedural issue is found in favor of the District, the provisions of Section 4 F of the Grievance Procedurewill be operative and laws. 8. No employee shall use the grievance procedure to appeal any decision of the Board or administration if such decision is pursuant to any order of or written agreement with any State or Federal Regulatory Commission or Agencywill be considered dismissed. 9. Should a grievance be filed which has as its cause an act or decision made by the Superintendent or Board, the grievant(s) may bypass level one.

Other Provisions Relating to the Grievance Procedure. 1. No act reprisal of recrimination may any kind shall be taken by or against the grievant by the administration or any agent of the Board because of the grievant’s decision to file a grievance, including providing a prospective employer with any information regarding participant in the grievance procedureprocedure by reason of such participation. 2. The grievance shall (1) name the employee involved, (2) state the facts giving rise to the grievance, (3) identify the specific provisions of this Contract alleged to be violated, (4) state the contention of the grievant with respect to the grievance and, (5) indicate the specific relief requested, as provided on the grievance form, Appendix D. 3. Hearings shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses, entitled to be present to attend. Hearings shall be conducted during non-teaching hours, unless there is mutual agreement for other arrangements. 4. All documents, communications, communications and records dealing with the processing of a grievance shall be filed separately from the personnel file of the participant participant(s) and are not valid bases for evaluations or consideration evaluation, and shall not be used in any recommendation for job placement. 3. Time limits herein may be extended only by mutual agreement, signed by the parties. 4. Time limits herein apply to teachers on leave of awarding any professional advantage to absence, other than sick leave, as if such a teacherteacher were present and working. 5. In the event a grievance is filed so that sufficient time as indicated under all All steps of the grievance procedure cannot be provided before the last day of the school term and should it be necessary to pursue the grievance to all steps of the appeals, then said grievance shall be resolved under the terms of this Contract and this Article, and not under the succeeding Contractconducted during non-regular work hours or at mutually convenient times. 6. No grievantIf there is a failure at any step to communicate the decision on a grievance within the specified time limit, witness, or representative to the grievant who is employed by shall then have the corporation shall incur loss right to appeal at the next step of salary as a direct result of participating in the grievance procedure during regular school hoursprocedure. 7. Nothing contained herein Any grievance not advanced from one step to the next within the time limits shall deny be deemed resolved by the answer of the previous step. However, if an individual grievant(s) fails to advance a grievance, the Association may attach to the grievance a statement that the resolution of the particular grievance shall not be considered as having any employee rights under State or Federal Constitutions and lawsprecedent value. 8. Any grievance which arose prior to the effective date of this Agreement or after the termination date of this Agreement shall not be processed. 9. Grievances filed toward the end of the school year will be expedited as soon thereafter as possible. 10. The parties to this Agreement, the Association and the School Corporation, incorporate this grievance procedure herein for the purpose of enforcing their mutual agreements accordingly: a. The Association shall have the right to have a representative present at all grievance conferences and hearings, from and including Step Two, and the School Corporation agrees to notify the Association of the time and place of any conference or hearing on any written grievance. b. The Association may at any time prior to a hearing before an arbitrator withdraw any grievance whatsoever in its sole discretion. If the VCTA does so, this action will not be utilized by the School Corporation as precedent for future grievances raising the same issue. 11. No employee recording devices shall be used at the first three steps of this procedure. No person shall be present at either of these steps for the purpose of recording the discussion. 12. No non-tenure teacher may use the grievance procedure, beyond Step Three of that procedure, in any way to appeal discharge or a decision by the Board not to renew such teacher’s contract. 13. No teacher shall use the grievance procedure, beyond Step Three of that procedure, to dispute any action by the Board which is in accordance with the state tenure laws. 14. No teacher shall use the grievance procedure to appeal any decision of the Board or administration if such decision is pursuant to any court order of or written pursuant to a conciliation agreement with any State state or Federal Regulatory Commission federal regulatory commission or Agencyagency. 915. Should a grievance There shall be filed which has no appeal from an arbitrator’s decision if within the scope of his/her authority as its cause an act or decision made by set forth above. It shall be final and binding on the Superintendent or BoardAssociation, the grievant(s) may bypass level one), all members of the bargaining unit, the Board, and the School Corporation.

Other Provisions Relating to the Grievance Procedure. 1. No act of recrimination may be taken against Failure to proceed to the grievant by the administration or any agent next step of the Board because of grievance procedure within the grievant’s decision time allowed under steps 1, 2, 3, or 4, shall result in the grievance being considered dismissed. Nothing in the Agreement shall be construed to file prevent grievances from being processed in lesser time limits, when agreeable to both parties, or to prevent the time limits from being extended for the specific periods by mutual consent. However, if an individual grievant(s) fails to advance a grievance, including providing a prospective employer with any information regarding the grievance procedure. 2. The grievance shall (1) name the employee involved, (2) state the facts giving rise to the grievance, (3) identify the specific provisions of this Contract alleged to be violated, (4) state the contention of the grievant with respect Association may attach to the grievance anda statement that the resolution of the particular grievance shall not be considered as having any precedent value. If there is failure at any step to communicate the decision on a grievance within the specified time limit, (5) indicate the specific relief requested, as provided on grievant or Association shall then have the right to appeal at the next step of the procedure. If the grievance formconcerns an employee’s dismissal, Appendix D. 3. Hearings the Association may, within twenty (20) workdays of receipt of the Board’s action concerning said employee’s dismissal, submit the grievance to the Director of Human Resources and the processing of such grievance shall be conducted commenced at Step 4 of the Grievance Procedure. Notwithstanding the expiration of this Agreement, any claim or grievance arising thereunder may be processed through the grievance Procedure through resolution. An employee shall have the right to present a grievance to his/her immediate supervisor without loss of time to the aggrieved employee. All other steps of the Grievance Procedure shall be handled outside the employee’s working hours or at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses, entitled to be present to attendmutually agreed upon convenient time. Hearings shall be conducted during non-teaching hours, unless there is mutual agreement for other arrangements. 4. All documents, communications, and records dealing with Employees participating in the processing of a grievance to his/her immediate supervisor without loss of time to the aggrieved employee. All other steps of the Grievance Procedure shall be filed separately from handled outside the personnel file employee’s working hours or at a mutually agreed upon convenient time. Employees participating in the processing of a grievance, except Step 4, may make arrangements with their supervisor to make up regular time lost. Arrangements for make-up work should be made in advance of the participant and are not valid bases for evaluations or consideration grievance proceedings. Such employee shall notify his supervisor in advance of awarding any professional advantage to such an appearance at a teacher. 5grievance proceeding. Make-up work should be done on the same day by rescheduling the work hours of the employee. In no case will make-up work result in the event payment of overtime. If the Board schedules a grievance meeting or hearing at Step 4 during working hours of an employee where testimony is filed so that sufficient time as indicated under necessary to the presentation of the grievance, the employee shall suffer no loss in pay. Any aggrieved employee may be represented at all steps of the procedure cannot be provided before the last day of the school term and should it be necessary to pursue the grievance to all steps of the appeals, then said grievance shall be resolved under the terms of this Contract and this Article, and not under the succeeding Contract. 6. No grievant, witnessGrievance Procedure by himself, or representative to the grievant who is employed at his option, accompanied and represented by the corporation shall incur loss of salary as a direct result of participating in the grievance procedure during regular school hours. 7an Association representative(s). Nothing contained herein shall deny be construed to prevent any aggrieved employee rights under State or Federal Constitutions from presenting a grievance and laws. 8settling the grievance at any step if the settlement is not consistent with the terms of this Agreement and the Association has been given an opportunity to be present at all such meetings and/or hearing. No employee reprisal of any kind shall use be taken by or against any participant in the Grievance Procedure by reason of such participation. The grievant and/or the Association must exhaust Steps 1, 2, 3 and 4 in this grievance procedure to appeal procedure, except as specified in the third (3rd) paragraph of Other Provisions above, before seeking any decision other type of the Board or administration if such decision is pursuant to any order of or written agreement with any State or Federal Regulatory Commission or Agencyrelief. 9. Should a grievance be filed which has as its cause an act or decision made by the Superintendent or Board, the grievant(s) may bypass level one.

Other Provisions Relating to the Grievance Procedure. 1. No act of recrimination may be taken against Failure to proceed to the grievant by the administration or any agent next step of the Board because of grievance procedure within the grievant’s decision time allowed under steps 1, 2, 3, or 4, shall result in the grievance being considered dismissed. Nothing in the Agreement shall be construed to file prevent grievances from being processed in lesser time limits, when agreeable to both parties, or to prevent the time limits from being extended for the specific periods by mutual consent. However, if an individual grievant(s) fails to advance a grievance, including providing a prospective employer with any information regarding the grievance procedure. 2. The grievance shall (1) name the employee involved, (2) state the facts giving rise to the grievance, (3) identify the specific provisions of this Contract alleged to be violated, (4) state the contention of the grievant with respect Association may attach to the grievance anda statement that the resolution of the particular grievance shall not be considered as having any precedent value. Notwithstanding the expiration of this Agreement, (5) indicate the specific relief requested, as provided on any claim or grievance arising thereunder may be processed through the grievance form, Appendix D. 3Procedure through resolution. Hearings An employee shall have the right to present a grievance to his/her immediate supervisor without loss of time to the aggrieved employee. All other steps of the Grievance Procedure shall be conducted handled outside the employee’s working hours or at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses, entitled to be present to attendmutually agreed upon convenient time. Hearings shall be conducted during non-teaching hours, unless there is mutual agreement for other arrangements. 4. All documents, communications, and records dealing with Employees participating in the processing of a grievance to his/her immediate supervisor without loss of time to the aggrieved employee. All other steps of the Grievance Procedure shall be filed separately from handled outside the personnel file employee’s working hours or at a mutually agreed upon convenient time. Employees participating in the processing of a grievance, except Step 4, may make arrangements with their supervisor to make up regular time lost. Arrangements for make-up work should be made in advance of the participant and are not valid bases for evaluations or consideration grievance proceedings. Such employee shall notify his supervisor in advance of awarding any professional advantage to such an appearance at a teacher. 5grievance proceeding. Make-up work should be done on the same day by rescheduling the work hours of the employee. In no case will make-up work result in the event payment of overtime. If the Board schedules a grievance meeting or hearing at Step 4 during working hours of an employee where testimony is filed so that sufficient time as indicated under necessary to the presentation of the grievance, the employee shall suffer no loss in pay. Any aggrieved employee may be represented at all steps of the procedure cannot be provided before the last day of the school term and should it be necessary to pursue the grievance to all steps of the appeals, then said grievance shall be resolved under the terms of this Contract and this Article, and not under the succeeding Contract. 6. No grievant, witnessGrievance Procedure by himself, or representative to the grievant who is employed at his option, accompanied and represented by the corporation shall incur loss of salary as a direct result of participating in the grievance procedure during regular school hours. 7an Association representative(s). Nothing contained herein shall deny be construed to prevent any aggrieved employee rights under State or Federal Constitutions from presenting a grievance and laws. 8settling the grievance at any step if the settlement is not consistent with the terms of this Agreement and the Association has been given an opportunity to be present at all such meetings and/or hearing. No employee reprisal of any kind shall use be taken by or against any participant in the Grievance Procedure by reason of such participation. The grievant and/or the Association must exhaust Steps 1, 2, 3 and 4 in this grievance procedure to appeal procedure, except as specified in the third (3rd) paragraph of Other Provisions above, before seeking any decision other type of the Board or administration if such decision is pursuant to any order of or written agreement with any State or Federal Regulatory Commission or Agencyrelief. 9. Should a grievance be filed which has as its cause an act or decision made by the Superintendent or Board, the grievant(s) may bypass level one.

Other Provisions Relating to the Grievance Procedure. 1. A. No act reprisals of recrimination may any kind shall be taken by or against any participant in the grievant grievance procedure by reason of such participation. B. If SEIU/FPSU decides to withdraw its support of an alleged grievance, the administration or any agent of individual may continue to process the Board because claim on his/her own, so long as all costs are borne by that individual. ▇. ▇▇▇▇▇▇▇▇▇ hearings at Levels One, Two and Three will be conducted during the regular workday of the grievant’s decision to file a grievance, including providing a prospective employer with any information regarding the grievance procedure. 2. The grievance shall (1) name the employee involved, (2) state the facts giving rise to the grievance, (3) identify the specific provisions of this Contract alleged to be violated, (4) state the contention of the grievant with respect to the grievance and, (5) indicate the specific relief requested, as provided on the grievance form, Appendix D. 3. Hearings shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses, entitled to be present to attend. Hearings shall be conducted during non-teaching hours, unless there is mutual agreement for other arrangements. 4. D. All documents, communications, and records dealing with originating as a result of the processing filing of a grievance shall be filed separately in a separate grievance file and shall not be kept in the grievant's official personnel file. E. Nothing in this agreement shall prevent the SEIU/FPSU or an individual grievant who is not represented by SEIU/FPSU from withdrawing the personnel file grievance at any step of the participant process with prejudice. A grievance, once withdrawn, may not be re-filed without the mutual written agreement between the District and are not valid bases for evaluations or consideration of awarding any professional advantage to such a teacherSEIU/FPSU. 5. In the event a grievance is filed so that sufficient time as indicated under all steps F. Failure of the procedure cangrievant to proceed with the grievance within the timelines herein stipulated shall result in the dismissal of the grievance. A dismissed grievance may not be provided before refilled without the last day mutual written agreement between the District and SEIU/FPSU. Failure of the school term and should it be necessary District or its representative to pursue take the required action within the times provided shall entitle the grievant to proceed to the next step of this grievance procedure. G. The grievant may have representatives at any level above the informal level of the grievance procedure. However, the grievant must be present at these hearings. ▇. The Parties acknowledge that, as a principle of interpretation, employees are obligated to all steps work, as directed while grievances are pending. I. The investigation and hearing of grievances by a Union ▇▇▇▇▇▇▇ will be conducted during the regular working hours of the appeals, then said grievance grievant(s). Stewards shall be resolved under allowed reasonable time off without loss of pay during regular shift hours for investigating grievances, however, each will first obtain verbal permission from his/her supervisor. Permission will not be unduly withheld by the supervisor. J. The commencing of legal proceedings against the District in a court of law or equity, or before PERC, the Department of Administrative Hearings (DOAH) or any other administrative agency, by an employee(s) or the SEIU/FPSU, for an alleged violation or violations of the express terms or this agreement shall be deemed a waiver by said employee(s), or SEIU/FPSU, of its/their right to resort to the grievance and arbitration procedure contained in this agreement for resolution of the alleged violation or violations of the express terms of this Contract and this Article, and not under the succeeding Contractagreement. 6. No grievant, witness, K. If the Parties are in dispute concerning the timeliness of filing or representative to the grievant who is employed by the corporation shall incur loss of salary as a direct result of participating in the grievance procedure during regular school hours. 7. Nothing contained herein shall deny to any employee rights under State or Federal Constitutions and laws. 8. No employee shall use the grievance procedure to appeal any decision of the Board or administration if such decision is pursuant to any order of or written agreement with any State or Federal Regulatory Commission or Agency. 9. Should appealing a grievance be filed which has as its cause an act or decision made by the Superintendent or Board, the grievant(s) may bypass level one.and the