Procedure for Handling. 1) The employee who feels that he has a grievance should first take the matter up verbally with his immediate supervisor who will attempt to resolve it with him. 2) If this fails to resolve the grievance, the employee and/or the Union shall reduce the grievance to writing (within ten (10) working days following the knowledge of the act or condition which is the basis of the grievance) specifying the section of the contract he alleges is violated, the events that caused the alleged violation and the remedy he seeks. 3) Within five (5) working days of receipt of the written grievance, the supervisor shall arrange a conference with the view of satisfactorily resolving the grievance. At the time of conference, the employee may appear personally or he may be represented by the Federation stewards, or both. Such conference shall be scheduled at a time when there is no disruption of normal school routine and duties of the employees. 4) Within five (5) working days after such conference, or longer if mutually agreed to, the supervisor shall answer such grievance in writing. 5) If the grievance is not appealed from the written answer within five (5) working days after receipt of such answer, the supervisor’s decision will be final. 6) If the Federation does not accept the supervisor’s written answer, the grievance may be appealed to the Superintendent of Schools by sending such notice in writing to him within five (5) working days from the date of the supervisor’s written decision. 7) Within ten (10) working days of receipt of the written appeal, the Superintendent or his designated representative will arrange for a conference to satisfactorily resolve the grievance. Such conference shall be scheduled at a time when there is no disruption of normal school routine and duties of the employees 8) Within ten (10) working days after the conference, or longer if mutually agreed to, the Superintendent or his designated representative shall answer such grievance in writing. 9) Such answer shall be final and binding unless appealed to the next step within thirty (30) calendar days from the date of the Superintendent’s written decision. 10) If the grievance is not settled at the preceding step, it may be submitted to binding arbitration at the election of the Union. The matters to be arbitrated shall be submitted to a board of three (3) arbitrators as follows: a. Within the thirty (30) days referred to above (Step 9) the party choosing to arbitrate must give written notice to the other party setting forth specifically the nature of the dispute to be arbitrated and designating one (1) arbitrator selected by it. b. Within five (5) working days from the receipt of such notice, the other party shall notify the first party its statement of the matter to be arbitrated. c. The parties may waive the three (3) member panel by mutual agreement. d. Within five (5) days after the selection of the second arbitrator, the two (2) arbitrators shall select a third. If they are unable to agree on a third arbitrator within five (5) days, the American Arbitration Association will be asked to submit a panel in accordance with their rules. 11) The fees and expenses of the third impartial arbitrator, cost of transcript (if one is requested by the Board of Arbitration), and cost of the hearing room shall be borne equally by both parties. All other expenses incurred shall be paid by the party incurring them. 12) The Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the Board of Arbitration in the same manner as other collective bargaining agreements. The function and purpose of the Board of Arbitration is to determine disputed interpretations of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The Board of Arbitration shall, therefore, not have authority nor shall it consider its function to include, the decision of any issue not submitted or to so interpret or apply the Agreement as to change what can fairly be accepted rules of contract construction. The Board of Arbitration shall not give any decision which in practical or actual effect modifies, revises, detracts from or adds to, any of the terms or provisions of this Agreement. Past practice of the parties in interpreting or applying terms of the Agreement can be relevant evidence, but may not be used so as to justify or result in, what is in effect a modification (whether by addition or detraction) of written terms of this Agreement. The Board of Arbitration has no obligation or function to render a decision or not to render a decision merely because in its opinion such decision is fair or equitable or because in its opinion it is unfair or inequitable. 13) Unless expressly agreed to by the parties, in writing, the Board of Arbitrators is limited to hearing one issue or grievance upon its merits at any one hearing. Separate Boards of Arbitration shall be constituted for each grievance appealed to binding arbitration.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure for Handling. 1) The employee . A teacher who feels that he he/she has a grievance should must first take up the matter up verbally with his immediate supervisor who will attempt to resolve it with himhis/her principal within five (5) calendar days from when he/she became aware of the alleged grievance. Relief sought in any grievance shall be limited from the date of the first step of the grievance procedure.
2) . If this fails to resolve the grievance, the employee and/or the Union teacher shall reduce the grievance to writing (within ten (10) working days following the knowledge of the act or condition which is the basis of the grievance) writing, specifying the section of the contract he he/she alleges is violated, the events that caused the alleged violation and the remedy he seekssought and present it to the Principal within ten (10) calendar days of when he/she became aware of the act or condition.
3) . Within five (5) working days of receipt of the written grievance, the supervisor shall Principal will arrange a conference with the view of satisfactorily resolving the grievance. At the time of the conference, the employee teacher may appear personally alone or he he/she may be represented by the Federation stewards, Association or both. Such conference shall be scheduled at a time when there is no disruption of normal school routine and duties of the employeesteacher.
4) . Within five (5) working days after such conference, or longer if mutually agreed to, the supervisor Principal shall answer such the grievance in writing.
5) . If the grievance is not appealed from the written answer within five (5) working days after receipt of such answer, the supervisor’s decision will be final.
6) If the Federation grievant does not accept the supervisor’s Principal's written answer, the grievance may be appealed to the Superintendent of Schools by sending such notice in writing to him him/her within five (5) working calendar days from the date of the supervisor’s Principal's written decision. If the grievance arises from the action or authority higher than the Principal of the School, the Association may present such grievance at the Superintendent level within the time limit specified in Section B.1. above.
7) 6. Within ten (10) working calendar days of receipt of the written appeal, the Superintendent or his his/her designated representative will arrange for a conference to satisfactorily resolve the grievance. Such conference shall be scheduled at a time when there is no disruption of the normal school routine and duties of the employeesteacher.
8) 7. Within ten (10) working days after the conference, or longer if mutually agreed tocalendar days, the Superintendent or his his/her designated representative shall answer such grievance in writing.
9) . Such answer shall be final and binding unless appealed to the next step within thirty ten (3010) calendar days from the date of the Superintendent’s 's written decision.
8. At the next Board meeting, the Board shall hear the grievance and shall render a decision on the grievance within ten (10) If days of the hearing. The decision of the Board shall be final unless within ten (10) days of receipt of the decision of the Board, the grievant and the Association shall invoke the arbitration provision of this Article, by notifying the Board in writing.
9. At the request of the Association (not the individual teacher), the grievance is not settled at the preceding step, it may be submitted to binding arbitration at the election of the Unionbefore an impartial arbitrator. The matters to be arbitrated shall parties may select an impartial arbitrator within ten (10) days. If an arbitrator is not agreed upon, the dispute may be submitted to the American Arbitration Association, who will submit a board list of three (3) arbitrators as follows:
a. Within the thirty (30) days referred to above (Step 9) the party choosing to arbitrate must give written notice to the other party setting forth specifically the nature arbitrators. The decision of the dispute to be arbitrated and designating one
(1) arbitrator selected by it.
b. Within five (5) working days from the receipt of such notice, the other party shall notify the first party its statement of the matter to be arbitrated.
c. The parties may waive the three (3) member panel by mutual agreement.
d. Within five (5) days after the selection of the second arbitrator, the two (2) arbitrators shall select a third. If they are unable to agree on a third arbitrator within five (5) days, the American Arbitration Association will be asked binding upon both parties.
10. Only one (1) grievance at a time may be taken to submit a panel in accordance with their rulesparticular arbitrator.
11) . The fees and expenses of the third impartial arbitrator, cost of transcript (if one is requested Arbitrator shall be shared equally by the Board of Arbitration), and cost of the hearing room shall be borne equally by both partiesAssociation. All other expenses incurred shall be paid borne by the party incurring themthem and neither party shall be responsible for any expense of witnesses or representatives of the other party.
12) The Agreement constitutes a contract between . Notwithstanding the parties which shall be interpreted and applied by the parties and by the Board of Arbitration in the same manner as other collective bargaining agreements. The function and purpose of the Board of Arbitration is to determine disputed interpretations of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The Board of Arbitration shall, therefore, not have authority nor shall it consider its function to include, the decision of any issue not submitted or to so interpret or apply the Agreement as to change what can fairly be accepted rules of contract construction. The Board of Arbitration shall not give any decision which in practical or actual effect modifies, revises, detracts from or adds to, any of the terms or provisions expiration of this Agreement. Past practice of the parties in interpreting or applying terms of the Agreement can be relevant evidence, but may not be used so as to justify or result in, what is in effect a modification (whether by addition or detraction) of written terms of this Agreement. The Board of Arbitration has no obligation or function to render a decision or not to render a decision merely because in its opinion such decision is fair or equitable or because in its opinion it is unfair or inequitable.
13) Unless expressly agreed to by the parties, in writing, the Board of Arbitrators is limited to hearing one issue any claim or grievance upon its merits at any one hearing. Separate Boards of Arbitration shall arising thereunder may be constituted for each processed through the grievance appealed to binding arbitrationprocedure until resolution.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure for Handling. 1) The . Any employee who feels that she/he has a grievance should grievance, must first take the matter up verbally initiate a conference with his his/her immediate supervisor who will attempt to resolve it with himwithin five (5) working days of when the alleged grievance occurred, or within five (5) working days of when the grievant should have known that the alleged grievance occurred. At the time of the conference, the employee may appear personally or be accompanied by the classification ▇▇▇▇▇▇▇ and/or the Union President. Such conference shall be scheduled at a time when there is no interruption of normal school routine and duties of the employee.
2) . If this the conference fails to resolve the grievance, the employee and/or the Union shall reduce the grievance to writing (within ten (10) working days following the knowledge of the act or condition which is conference. The grievance must specify the basis of the grievancesection(s) specifying the section of the contract he alleges is allegedly violated, the events event that caused the alleged violation and the remedy he seekssought.
3) . Within five (5) working days, the supervisor shall answer the grievance in writing.
4. If the Federation and the employee do not accept the supervisor’s written answer, the grievance may be appealed to the superintendent of schools by sending such notice in writing, along with the written grievance, to him or her within five (5) working days of the date of the supervisor’s written decision.
5. Within ten (10) working days of receipt of the written grievanceappeal, the supervisor shall superintendent or his/her designated representative will arrange for a conference with the view of satisfactorily resolving the grievance. At the time of conference, the employee may appear personally or he may be represented by the Federation stewards, or both. Such conference shall be scheduled at a time when there is no disruption of normal school routine and duties of the employees.
4) Within five (5) working days after such conference, or longer if mutually agreed to, the supervisor shall answer such grievance in writing.
5) If the grievance is not appealed from the written answer within five (5) working days after receipt of such answer, the supervisor’s decision will be finalemployee.
6) If the Federation does not accept the supervisor’s written answer, the grievance may be appealed to the Superintendent of Schools by sending such notice in writing to him within five (5) working days from the date of the supervisor’s written decision.
7) . Within ten (10) working days of receipt of the written appealdays, the Superintendent superintendent or his designated representative will arrange for a conference to satisfactorily resolve the grievance. Such conference shall be scheduled at a time when there is no disruption of normal school routine and duties of the employees
8) Within ten (10) working days after the conference, or longer if mutually agreed to, the Superintendent or his her designated representative shall answer such grievance in writing.
9) Such 7. In the event that the Employer does not answer any grievance in writing within the time limits, it shall be final and binding unless construed to be a denial at which point the grievance may be appealed to the next step. If the Union fails to move a grievance from one step within thirty (30) calendar days from to another in a timely fashion, the date grievance shall be considered settled on the basis of the SuperintendentEmployer’s written decisionlast answer.
10) 8. If the grievance is not settled at the preceding step, it may be submitted to binding arbitration at the election of the Union. The matters to be arbitrated shall be submitted to a board of three (3) arbitrators as follows:
a. Within the thirty (30) days referred to above (Step 9) the party choosing to arbitrate must give written notice to the other party setting forth specifically the nature of the dispute to be arbitrated and designating one
(1) arbitrator selected by itFederation.
b. Within five (5) working days from the receipt of such notice, the other party shall notify the first party its statement of the matter to be arbitrated.
c. The parties may waive the three (3) member panel by mutual agreement.
d. Within five (5) days after the selection of the second arbitrator, the two (2) arbitrators shall select a third. If they are unable to agree on a third arbitrator within five (5) days, the American Arbitration Association will be asked to submit a panel in accordance with their rules.
11) The fees and expenses of the third impartial arbitrator, cost of transcript (if one is requested by the Board of Arbitration), and cost of the hearing room shall be borne equally by both parties. All other expenses incurred shall be paid by the party incurring them.
12) The Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the Board of Arbitration in the same manner as other collective bargaining agreements. The function and purpose of the Board of Arbitration is to determine disputed interpretations of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The Board of Arbitration shall, therefore, not have authority nor shall it consider its function to include, the decision of any issue not submitted or to so interpret or apply the Agreement as to change what can fairly be accepted rules of contract construction. The Board of Arbitration shall not give any decision which in practical or actual effect modifies, revises, detracts from or adds to, any of the terms or provisions of this Agreement. Past practice of the parties in interpreting or applying terms of the Agreement can be relevant evidence, but may not be used so as to justify or result in, what is in effect a modification (whether by addition or detraction) of written terms of this Agreement. The Board of Arbitration has no obligation or function to render a decision or not to render a decision merely because in its opinion such decision is fair or equitable or because in its opinion it is unfair or inequitable.
13) Unless expressly agreed to by the parties, in writing, the Board of Arbitrators is limited to hearing one issue or grievance upon its merits at any one hearing. Separate Boards of Arbitration shall be constituted for each grievance appealed to binding arbitration.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure for Handling. 1) . The employee who feels that he he/she has a grievance should shall first take identify it as a grievance issue, cite the appropriate contract section or sections, and shall discuss it with their supervisor with the object of resolving the matter up verbally with his immediate supervisor who will attempt to resolve it with himinformally.
2) . If this fails to resolve the grievance, the employee and/or the Union shall or his/her ▇▇▇▇▇▇▇ will reduce the grievance to writing (on their own time, this to be presented to his/her supervisor within ten (10) working days following the knowledge of the act or condition which is the basis of for the grievance) , specifying the section of the contract he alleges is Agreement he/she alleged was violated, the events that caused the alleged violation and the remedy he he/she seeks. The written grievance may be given to his/her supervisor by either the employee or the Association ▇▇▇▇▇▇▇.
3. Within ten (10) Within five (5) working days of the receipt of the written grievance, the supervisor shall will arrange a conference conference, with the view intent of satisfactorily resolving the grievance. At the time of the conference, the employee may shall appear personally or he personally, and may be represented by the Federation stewardsAssociation ▇▇▇▇▇▇▇, or both. Such conference conferences shall be scheduled during normal business hours at a time when where there is no disruption of normal school routine and duties of the employees.
4. Within ten (10) Within five (5) working days after such conference, conference or longer if mutually agreed tolonger, the supervisor shall answer such grievance in writingwriting to the ▇▇▇▇▇▇▇ or employee.
5) . If the grievance is not appealed from the written answer within five (5) working days after receipt of such answer, the supervisor’s decision will be final.
6) If the Federation Association does not accept the supervisor’s 's written answer, the grievance may be appealed to the Superintendent of Schools or his/her designee by sending such notice to him/her, in writing to him writing, within five ten (510) working days from after the date of the supervisor’s 's written decision.
7) 6. Within ten (10) working days of after receipt of the written appeal, the Superintendent or his his/her designated representative representative, will arrange for a conference to satisfactorily resolve the grievance. Such conference Every attempt will be made to schedule grievance hearings so that the employees involved shall not lose any regular scheduled pay nor will the District be obligated to pay any additional monies to hear any scheduled grievances. Conferences will be scheduled at a time when there is no disruption of normal school routine routines and duties of the employees.
8) 7. Within ten (10) working days after the conference, or longer if mutually agreed to, conference the Superintendent or his his/her designated representative shall answer such grievance grievances in writing.
9) 8. Such answer shall be final and binding unless appealed to the next step within thirty twenty (3020) calendar days from the date of the Superintendent’s 's written decision.
10) 9. If the grievance is not settled at the preceding step, it may be submitted to binding arbitration at mediation by the election of Association through the Union. The matters to be arbitrated shall be submitted to a board of three Michigan Employment Relations Commission within twenty (320) arbitrators as follows:
a. Within the thirty (30) days referred to above (Step 9) the party choosing to arbitrate must give written notice to the other party setting forth specifically the nature of the dispute to be arbitrated and designating one
(1) arbitrator selected by it.
b. Within five (5) working days from the receipt date of such noticethe Superintendent’s disposition. No individual shall have the right to appeal to mediation or arbitration. If mediation fails to achieve a settlement of the grievance, the other party shall notify the first party its statement Association may within ten (10) days of the matter mediation session, file a Demand to be arbitrated.
c. The parties may waive the three (3) member panel by mutual agreement.
d. Within five (5) days after the selection of the second arbitrator, the two (2) arbitrators shall select a third. If they are unable to agree on a third arbitrator within five (5) days, Arbitrate with the American Arbitration Association whose Rules and Regulations shall govern the proceeding. The individual grievant will be asked put in writing that they wish to submit a panel in accordance with take their rulescase to arbitration. In the case of an Association grievance, this is waived.
11) The fees and expenses of the third impartial arbitrator, cost of transcript (if one is requested by the Board of Arbitration), and cost of the hearing room shall be borne equally by both parties10. All other expenses incurred shall be paid by the party incurring them.
12) The This Agreement constitutes a contract between the parties which and shall be interpreted and applied by the parties and by the Board of Arbitration arbitrator in the same manner as other collective bargaining agreements. The function and purpose of the Board of Arbitration arbitrator is to determine disputed interpretations of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The Board of Arbitration arbitrator shall, therefore, not have authority nor shall it he/she consider its his/her function to include, include the decision of any issue not submitted or to so interpret or apply the Agreement as to change what can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. The Board of Arbitration arbitrator shall not give any decision which in practical or actual effect modifies, revises, detracts from from, or adds to, to any of the terms or provisions of this Agreement. Past practice of the parties in interpreting or applying terms of the this Agreement can be relevant evidence, but may not be used so as to justify or result inin what is, what is in effect effect, a modification (modification, whether by addition addition, or detraction) detraction of written terms of this Agreement. The Board of Arbitration arbitrator has no obligation or function to render a decision or not to render merely because, in his/her opinion, such a decision merely because in its opinion such decision is fair or equitable and equitable, or because in its his/her opinion it is unfair or inequitable.
13) Unless 11. It is expressly agreed to by the parties, in writing, the Board of Arbitrators arbitrator is limited to hearing one issue or grievance upon its merits at any one hearing. Separate Boards of Arbitration arbitrators shall be constituted for each grievance appealed to binding arbitration.
12. Neither party may assert in arbitration proceedings any events not disclosed to the other party prior to the arbitration hearing.
13. No claim for back wages shall exceed the amount of wages the employee would otherwise have earned less any unemployment compensation received by the employee during the period covered by back pay.
Appears in 1 contract
Sources: Master Agreement
Procedure for Handling. 1) The employee . A grievant who feels that he has they have a grievance should must first take the matter up verbally with his immediate supervisor who will attempt to resolve it with himthe principal of the school within five (5) days of when they became aware of the matter. At the grievant’s option, a representative of the Association may be present.
2) . If this fails to resolve the grievance, the employee and/or the Union grievant shall reduce the grievance to writing (within ten (10) working days following the knowledge of the act or condition which is the basis of the grievance) writing, specifying the section of the contract he the grievant alleges is violated, the events that caused the alleged violation and the remedy sought and present it to the principal within ten (10) days of when he seeksbecame aware of the act or condition.
3) . Within five (5) working days of receipt of the written grievance, the supervisor shall principal will arrange a conference with the view of satisfactorily resolving the grievance. At the time of the conference, the employee grievant may appear personally alone or he they may be represented by the Federation stewardsAssociation, or both. Such conference shall be scheduled at a time when there is no disruption of the normal school routine and duties of the employeesgrievant.
4) . Within five (5) working days after such conference, or longer if mutually agreed to, the supervisor principal shall answer such grievance the grievance, in writing.
5) . If the grievance is not appealed from the written answer within five (5) working days after receipt of such answerthe written answer of the principal’s decision, the supervisorprincipal’s decision will shall be final.
6) . If the Federation grievant does not accept the supervisorprincipal’s written answer, the grievance may be appealed to the Superintendent of Schools by sending such notice notice, in writing writing, to him within five (5) working days from the date of the supervisorprincipal’s written decision. If the grievance arises from the action or authority higher than the principal, the Association may present such grievance at the Superintendent level within the time limit specified in Section B-1 above.
7) . Within ten (10) working days of receipt of the written appeal, the Superintendent or his designated representative will arrange for a conference with the grievant and/or the Association representative to satisfactorily resolve the grievance. Such conference shall be scheduled at a time when there is no disruption of the normal school routine and the duties of the employeesgrievant.
8) 8. Within ten five (105) working days after the conference, or longer if mutually agreed todays, the Superintendent or his designated representative shall answer such grievance in writing.
9) . Such answer shall be final and binding unless appealed to the next step within thirty five (305) calendar days from the date of the Superintendent’s written decision.
10) If the grievance is not settled at the preceding step, it may be submitted to binding arbitration at the election of the Union. The matters to be arbitrated shall be submitted to a board of three (3) arbitrators as follows:
a. Within the thirty (30) days referred to above (Step 9) the party choosing to arbitrate must give written notice to the other party setting forth specifically the nature of the dispute to be arbitrated and designating one
(1) arbitrator selected by it.
b. Within five (5) working days from the receipt of such notice, the other party shall notify the first party its statement of the matter to be arbitrated.
c. The parties may waive the three (3) member panel by mutual agreement.
d. Within five (5) days after the selection of the second arbitrator, the two (2) arbitrators shall select a third. If they are unable to agree on a third arbitrator within five (5) days, the American Arbitration Association will be asked to submit a panel in accordance with their rules.
11) The fees and expenses of the third impartial arbitrator, cost of transcript (if one is requested by the Board of Arbitration), and cost of the hearing room shall be borne equally by both parties. All other expenses incurred shall be paid by the party incurring them.
12) The Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the Board of Arbitration in the same manner as other collective bargaining agreements. The function and purpose of the Board of Arbitration is to determine disputed interpretations of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The Board of Arbitration shall, therefore, not have authority nor shall it consider its function to include, the decision of any issue not submitted or to so interpret or apply the Agreement as to change what can fairly be accepted rules of contract construction. The Board of Arbitration shall not give any decision which in practical or actual effect modifies, revises, detracts from or adds to, any of the terms or provisions of this Agreement. Past practice of the parties in interpreting or applying terms of the Agreement can be relevant evidence, but may not be used so as to justify or result in, what is in effect a modification (whether by addition or detraction) of written terms of this Agreement. The Board of Arbitration has no obligation or function to render a decision or not to render a decision merely because in its opinion such decision is fair or equitable or because in its opinion it is unfair or inequitable.
13) Unless expressly agreed to by the parties, in writing, the Board of Arbitrators is limited to hearing one issue or grievance upon its merits at any one hearing. Separate Boards of Arbitration shall be constituted for each grievance appealed to binding arbitration.
Appears in 1 contract
Sources: Master Contract Agreement
Procedure for Handling. 1) The employee . A teacher who feels that he he/she has a grievance should must first take up the matter up verbally with his immediate supervisor who will attempt to resolve it with himhis/her principal within five (5) calendar days from when he/she became aware of the alleged grievance. Relief sought in any grievance shall be limited from the date of the first step of the grievance procedure.
2) . If this fails to resolve the grievance, the employee and/or the Union teacher shall reduce the grievance to writing (within ten (10) working days following the knowledge of the act or condition which is the basis of the grievance) writing, specifying the section of the contract he Agreement he/she alleges is violated, the events that caused the alleged violation and the remedy he seekssought and present it to the Principal within ten (10) calendar days of when he/she became aware of the act or condition.
3) . Within five (5) working days of receipt of the written grievance, the supervisor shall Principal will arrange a conference with the view of satisfactorily resolving the grievance. At the time of the conference, the employee teacher may appear personally alone or he he/she may be represented by the Federation stewards, Association or both. Such conference shall be scheduled at a time when there is no disruption of normal school routine and duties of the employeesteacher.
4) . Within five (5) working days after such conference, or longer if mutually agreed to, the supervisor Principal shall answer such the grievance in writing.
5) . If the grievance is not appealed from the written answer within five (5) working days after receipt of such answer, the supervisor’s decision will be final.
6) If the Federation grievant does not accept the supervisor’s Principal's written answer, the grievance may be appealed to the Superintendent of Schools by sending such notice in writing to him him/her within five (5) working calendar days from the date of the supervisor’s Principal's written decision. If the grievance arises from the action or authority higher than the Principal of the School, the Association may present such grievance at the Superintendent level within the time limit specified in Section B.1. above.
7) 6. Within ten (10) working calendar days of receipt of the written appeal, the Superintendent or his his/her designated representative will arrange for a conference to satisfactorily resolve the grievance. Such conference shall be scheduled at a time when there is no disruption of the normal school routine and duties of the employeesteacher.
8) 7. Within ten (10) working days after the conference, or longer if mutually agreed tocalendar days, the Superintendent or his his/her designated representative shall answer such grievance in writing.
9) . Such answer shall be final and binding unless appealed to the next step within thirty ten (3010) calendar days from the date of the Superintendent’s 's written decision.
8. At the next Board meeting, the Board shall hear the grievance and shall render a decision on the grievance within ten (10) If days of the hearing. The decision of the Board shall be final unless within ten (10) days of receipt of the decision of the Board, the grievant and the Association shall invoke the arbitration provision of this Article, by notifying the Board in writing.
9. At the request of the Association (not the individual teacher), the grievance is not settled at the preceding step, it may be submitted to binding arbitration at the election of the Unionbefore an impartial arbitrator. The matters to be arbitrated shall parties may select an impartial arbitrator within ten (10) days. If an arbitrator is not agreed upon, the dispute may be submitted to the American Arbitration Association, who will submit a board list of three (3) arbitrators as follows:
a. Within the thirty (30) days referred to above (Step 9) the party choosing to arbitrate must give written notice to the other party setting forth specifically the nature arbitrators. The decision of the dispute to be arbitrated and designating one
(1) arbitrator selected by it.
b. Within five (5) working days from the receipt of such notice, the other party shall notify the first party its statement of the matter to be arbitrated.
c. The parties may waive the three (3) member panel by mutual agreement.
d. Within five (5) days after the selection of the second arbitrator, the two (2) arbitrators shall select a third. If they are unable to agree on a third arbitrator within five (5) days, the American Arbitration Association will be asked binding upon both parties.
10. Only one (1) grievance at a time may be taken to submit a panel in accordance with their rulesparticular arbitrator.
11) . The fees and expenses of the third impartial arbitrator, cost of transcript (if one is requested Arbitrator shall be shared equally by the Board of Arbitration), and cost of the hearing room shall be borne equally by both partiesAssociation. All other expenses incurred shall be paid borne by the party incurring themthem and neither party shall be responsible for any expense of witnesses or representatives of the other party.
12) The Agreement constitutes a contract between . Notwithstanding the parties which shall be interpreted and applied by the parties and by the Board of Arbitration in the same manner as other collective bargaining agreements. The function and purpose of the Board of Arbitration is to determine disputed interpretations of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The Board of Arbitration shall, therefore, not have authority nor shall it consider its function to include, the decision of any issue not submitted or to so interpret or apply the Agreement as to change what can fairly be accepted rules of contract construction. The Board of Arbitration shall not give any decision which in practical or actual effect modifies, revises, detracts from or adds to, any of the terms or provisions expiration of this Agreement. Past practice of the parties in interpreting or applying terms of the Agreement can be relevant evidence, but may not be used so as to justify or result in, what is in effect a modification (whether by addition or detraction) of written terms of this Agreement. The Board of Arbitration has no obligation or function to render a decision or not to render a decision merely because in its opinion such decision is fair or equitable or because in its opinion it is unfair or inequitable.
13) Unless expressly agreed to by the parties, in writing, the Board of Arbitrators is limited to hearing one issue any claim or grievance upon its merits at any one hearing. Separate Boards of Arbitration shall arising thereunder may be constituted for each processed through the grievance appealed to binding arbitrationprocedure until resolution.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure for Handling. 1) The employee who feels that he has a grievance should first take the matter up verbally with his immediate supervisor who will attempt to resolve it with him.
2) If this fails to resolve the grievance, the employee and/or the Union shall reduce the grievance to writing (within ten (10) working days following the knowledge of the act or condition which is the basis of the grievance) specifying the section of the contract he alleges is violated, the events that caused the alleged violation and the remedy he seeks.
3) Within five (5) working days of receipt of the written grievance, the supervisor shall arrange a conference with the view of satisfactorily resolving the grievance. At the time of conference, the employee may appear personally or he may be represented by the Federation stewards, or both. Such conference shall be scheduled at a time when there is no disruption of normal school routine and duties of the employees.
4) Within five (5) working days after such conference, or longer if mutually agreed to, the supervisor shall answer such grievance in writing.
5) If the grievance is not appealed from the written answer within five (5) working days after receipt of such answer, the supervisor’s 's decision will be final.
6) If the Federation does not accept the supervisor’s 's written answer, the grievance may be appealed to the Superintendent of Schools by sending such notice in writing to him within five (5) working days from the date of the supervisor’s 's written decision.
7) Within ten (10) working days of receipt of the written appeal, the Superintendent or his designated representative will arrange for a conference to satisfactorily resolve the grievance. Such conference shall be scheduled at a time when there is no disruption of normal school routine and duties of the employees
8) Within ten (10) working days after the conference, or longer if mutually agreed to, the Superintendent or his designated representative shall answer such grievance in writing.
9) Such answer shall be final and binding unless appealed to the next step within thirty (30) calendar days from the date of the Superintendent’s 's written decision.
10) If the grievance is not settled at the preceding step, it may be submitted to binding arbitration at the election of the Union. The matters to be arbitrated shall be submitted to a board of three (3) arbitrators as follows:
a. Within the thirty (30) days referred to above (Step 9) the party choosing to arbitrate must give written notice to the other party setting forth specifically the nature of the dispute to be arbitrated and designating one
(1) arbitrator selected by it.
b. Within five (5) working days from the receipt of such notice, the other party shall notify the first party its statement of the matter to be arbitrated.
c. The parties may waive the three (3) member panel by mutual agreement.
d. Within five (5) days after the selection of the second arbitrator, the two (2) arbitrators shall select a third. If they are unable to agree on a third arbitrator within five (5) days, the American Arbitration Association will be asked to submit a panel in accordance with their rules.
11) The fees and expenses of the third impartial arbitrator, cost of transcript (if one is requested by the Board of Arbitration), and cost of the hearing room shall be borne equally by both parties. All other expenses incurred shall be paid by the party incurring them.
12) The Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the Board of Arbitration in the same manner as other collective bargaining agreements. The function and purpose of the Board of Arbitration is to determine disputed interpretations of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The Board of Arbitration shall, therefore, not have authority nor shall it consider its function to include, the decision of any issue not submitted or to so interpret or apply the Agreement as to change what can fairly be accepted rules of contract construction. The Board of Arbitration shall not give any decision which in practical or actual effect modifies, revises, detracts from or adds to, any of the terms or provisions of this Agreement. Past practice of the parties in interpreting or applying applYing terms of the Agreement can be relevant evidence, but may not be used so as to justify or result in, what is in effect a modification (whether by addition or detraction) of written terms of this Agreement. The Board of Arbitration has no obligation or function to render a decision or not to render a decision merely because in its opinion such decision is fair or equitable or because in its opinion it is unfair or inequitable.
13) Unless expressly agreed to by the parties, in writing, the Board of Arbitrators is limited to hearing one issue or grievance upon its merits at any one anyone hearing. Separate Boards of Arbitration shall be constituted for each grievance appealed to binding arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure for Handling. 1) The employee who feels that he has a grievance should first take the matter up verbally with his immediate supervisor who will attempt to resolve it with him.
2) If this fails to resolve the grievance, the employee and/or the Union shall reduce the grievance to writing (within ten (10) working days following the knowledge of the act or condition which is the basis of the grievance) specifying the section of the contract he alleges is violated, the events that caused the alleged violation and the remedy he seeks.
3) Within five (5) working days of receipt of the written grievance, the supervisor shall arrange a conference with the view of satisfactorily resolving the grievance. At the time of conference, the employee may appear personally or he may be represented by the Federation stewards, or both. Such conference shall be scheduled at a time when there is no disruption of normal school routine and duties of the employees.
4) Within five (5) working days after such conference, or longer if mutually agreed to, the supervisor shall answer such grievance in writing.
5) If the grievance is not appealed from the written answer within five (5) working days after receipt of such answer, the supervisor’s 's decision will be final.
6) If the Federation does not accept the supervisor’s 's written answer, the grievance may be appealed to the Superintendent of Schools by sending such notice in writing to him within five (5) working days from the date of the supervisor’s 's written decision.
7) Within ten (10) working days of receipt of the written appeal, the Superintendent or his designated representative will arrange for a conference to satisfactorily resolve the grievance. Such conference shall be scheduled at a time when there is no disruption of normal school routine and duties of the employees
8) Within ten (10) working days after the conference, or longer if mutually agreed to, the Superintendent or his designated representative shall answer such grievance in writing.
9) Such answer shall be final and binding unless appealed to the next step within thirty (30) calendar days from the date of the Superintendent’s 's written decision.
10) If the grievance is not settled at the preceding step, it may be submitted to binding arbitration at the election of the Union. The matters to be arbitrated shall be submitted to a board of three (3) arbitrators as follows:
a. Within the thirty (30) days referred to above (Step 9) the party choosing to arbitrate must give written notice to the other party setting forth specifically the nature of the dispute to be arbitrated and designating one
(1) arbitrator selected by it.
b. Within five (5) working days from the receipt of such notice, the other party shall notify the first party its statement of the matter to be arbitrated.
c. The parties may waive the three (3) member panel by mutual agreement.
d. Within five (5) days after the selection of the second arbitrator, the two (2) arbitrators shall select a third. If they are unable to agree on a third arbitrator within five (5) days, the American Arbitration Association will be asked to submit a panel in accordance with their rules.
11) The fees and expenses of the third impartial arbitrator, cost of transcript (if one is requested by the Board of Arbitration), and cost of the hearing room shall be borne equally by both parties. All other expenses incurred shall be paid by the party incurring them.
12) The Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the Board of Arbitration in the same manner as other collective bargaining agreements. The function and purpose of the Board of Arbitration is to determine disputed interpretations of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The Board of Arbitration shall, therefore, not have authority nor shall it consider its function to include, the decision of any issue not submitted or to so interpret or apply the Agreement as to change what can fairly be accepted rules of contract construction. The Board of Arbitration shall not give any decision which in practical or actual effect modifies, revises, detracts from or adds to, any of the terms or provisions of this Agreement. Past practice of the parties in interpreting or applying terms of the Agreement can be relevant evidence, but may not be used so as to justify or result in, what is in effect a modification (whether by addition or detraction) of written terms of this Agreement. The Board of Arbitration has no obligation or function to render a decision or not to render a decision merely because in its opinion such decision is fair or equitable or because in its opinion it is unfair or inequitable.
13) Unless expressly agreed to by the parties, in writing, the Board of Arbitrators is limited to hearing one issue or grievance upon its merits at any one anyone hearing. Separate Boards of Arbitration shall be constituted for each grievance appealed to binding arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure for Handling. 1) The employee . A grievant who feels that he has they have a grievance should must first take the matter up verbally with his immediate supervisor who will attempt to resolve it with himthe principal of the school within five (5) days of when they became aware of the matter. At the grievant’s option, a representative of the Association may be present.
2) . If this fails to resolve the grievance, the employee and/or the Union grievant shall reduce the grievance to writing (within ten (10) working days following the knowledge of the act or condition which is the basis of the grievance) writing, specifying the section of the contract he the grievant alleges is violated, the events that caused the alleged violation and the remedy sought and present it to the principal within ten (10) days of when he seeksbecame aware of the act or condition.
3) . Within five (5) working days of receipt of the written grievance, the supervisor shall principal will arrange a conference with the view of satisfactorily resolving the grievance. At the time of the conference, the employee grievant may appear personally alone or he they may be represented by the Federation stewardsAssociation, or both. Such conference shall be scheduled at a time when there is no disruption of the normal school routine and duties of the employeesgrievant.
4) . Within five (5) working days after such conference, or longer if mutually agreed to, the supervisor principal shall answer such grievance the grievance, in writing.
5) . If the grievance is not appealed from the written answer within five (5) working days after receipt of such answerthe written answer of the principal’s decision, the supervisorprincipal’s decision will shall be final.
6) . If the Federation grievant does not accept the supervisorprincipal’s written answer, the grievance may be appealed to the Superintendent of Schools by sending such notice notice, in writing writing, to him within five (5) working days from the date of the supervisorprincipal’s written decision. If the grievance arises from the action or authority higher than the principal, the Association may present such grievance at the Superintendent level within the time limit specified in Section B-1 above.
7) . Within ten (10) working days of receipt of the written appeal, the Superintendent or his designated representative will arrange for a conference with the grievant and/or the Association representative to satisfactorily resolve the grievance. Such conference shall be scheduled at a time when there is no disruption of the normal school routine and the duties of the employeesgrievant.
8) 8. Within ten five (105) working days after the conference, or longer if mutually agreed todays, the Superintendent or his designated representative shall answer such grievance in writing.
9) . Such answer shall be final and binding unless appealed to the next step within thirty five (305) calendar days from the date of the Superintendent’s written decision.
10) If 9. At the next Board meeting, the Board, in executive session, only if the nature of the grievance is not settled at consistent with the preceding stepOpen Meeting Act exemptions, it shall hear the grievance by the grievant and with association representation, and shall render a decision, in writing, on the grievance ten (10) days from the hearing. The decision of the Board shall be final unless within ten (10) working days of receipt of the decision of the Board the grievant and the Association shall invoke the arbitration provision of this Article by notifying the Board, in writing.
10. At the request of the grievant and the Association, the grievance may be submitted to binding arbitration at the election of the Unionbefore an impartial arbitrator. The matters to be arbitrated shall parties may select an impartial arbitrator within fifteen (15) days. If the arbitrator is not agreed upon, the dispute may be submitted to the American Arbitration Association who will submit a board list of three (3) arbitrators as follows:
a. Within the thirty (30) days referred to above (Step 9) the party choosing to arbitrate must give written notice to the other party setting forth specifically the nature arbitrators. The decision of the dispute to be arbitrated and designating one
(1) arbitrator selected by it.
b. Within five (5) working days from the receipt of such notice, the other party shall notify the first party its statement of the matter to be arbitrated.
c. The parties may waive the three (3) member panel by mutual agreement.
d. Within five (5) days after the selection of the second arbitrator, the two (2) arbitrators shall select a third. If they are unable to agree on a third arbitrator within five (5) days, the American Arbitration Association will be asked to submit a panel in accordance with their rulesbinding.
11a. The failure to re-employ a probationary teacher shall not be the subject of a grievance, but shall be governed by the applicable law.
b. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement.
c. Only one grievance at a time may be taken to a particular arbitrator, unless mutually agreed to do otherwise.
d. The arbitrator may not, in effect, grant the Association that which it was unable to secure during the collective bargaining negotiations.
e. The word “day(s)” as used in this Article shall mean school day(s), except during the summer vacation when it shall mean calendar days.
f. If at any time during this process the grievant or administration requires more days for research at any step, either party may request up to five (5) more days. This is to be done in writing, dated before the final day in that step.
12. The fees and expenses of the third impartial arbitrator, cost of transcript (if one is requested arbitrator shall be shared equally by the Board of Arbitration), and cost of the hearing room shall be borne equally by both partiesAssociation. All other expenses incurred shall be paid borne by the party incurring them.
12) The Agreement constitutes a contract between the parties which them and neither party shall be interpreted and applied by the parties and by the Board responsible for any expense of Arbitration in the same manner as other collective bargaining agreements. The function and purpose witnesses or representatives of the Board of Arbitration is to determine disputed interpretations of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The Board of Arbitration shall, therefore, not have authority nor shall it consider its function to include, the decision of any issue not submitted or to so interpret or apply the Agreement as to change what can fairly be accepted rules of contract construction. The Board of Arbitration shall not give any decision which in practical or actual effect modifies, revises, detracts from or adds to, any of the terms or provisions of this Agreement. Past practice of the parties in interpreting or applying terms of the Agreement can be relevant evidence, but may not be used so as to justify or result in, what is in effect a modification (whether by addition or detraction) of written terms of this Agreement. The Board of Arbitration has no obligation or function to render a decision or not to render a decision merely because in its opinion such decision is fair or equitable or because in its opinion it is unfair or inequitableother party.
13) Unless expressly agreed to by the parties, in writing, the Board of Arbitrators is limited to hearing one issue or grievance upon its merits at any one hearing. Separate Boards of Arbitration shall be constituted for each grievance appealed to binding arbitration.
Appears in 1 contract
Sources: Management Rights Agreement
Procedure for Handling. 1) . The employee teacher who feels that he has a grievance should first take the matter up verbally with his immediate supervisor the principal of the school, who will attempt to resolve it with him.
2) . If this fails to resolve the grievance, the employee and/or the Union teacher shall reduce the grievance to writing ([within ten (10) working days following the knowledge of the act or condition which is the basis of the grievance) ] specifying the section of the contract he alleges is violated, the events that caused the alleged violation violation, and the remedy he seeks.seeks as per the Grievance Form in Appendix I.
3) . Within five (5) working days of receipt of the written grievance, the supervisor principal shall arrange a conference with the view of satisfactorily resolving the grievance. At the time of conference, the employee teacher may appear personally or he may be represented by the Federation stewards, representative or both. Such conference shall be scheduled at a time when there is no disruption of normal school routine and duties of the employeesteachers.
4) . Within five (5) working days after such conference, or longer if mutually agreed to, the supervisor principal shall answer such grievance in writing.
5) . If the grievance is not appealed from the written answer within five (5) working days after receipt of such answer, the supervisor’s principal's decision will be final.
6) . If the Federation does not accept the supervisor’s principal's written answer, the grievance may be appealed to the Superintendent superintendent of Schools schools by sending such notice in writing to him within five (5) working days from the date of the supervisor’s principal's written decision.
7) . Within ten (10) working days of receipt of the written appeal, the Superintendent superintendent or his designated representative will arrange for a conference to satisfactorily resolve the grievance. Such conference shall be scheduled at a time when there is no disruption of normal school routine and duties of the employeesteachers.
8) 8. Within ten (10) working days after the conference, or longer if mutually agreed to, the Superintendent superintendent or his designated representative shall answer such grievance in writing.
9) . Such answer shall be final and binding unless appealed to the next step within thirty (30) calendar days from the date of the Superintendent’s superintendent's written decision.
10) . If the grievance is not settled at the preceding step, it may be submitted to binding arbitration at the election of the Unioneither party. The matters to be arbitrated shall be submitted to a board of three (3) arbitrators as follows:
a. Within the thirty (30) days referred to above (Step 9) ), the party choosing to arbitrate must give written notice to the other party party, setting forth specifically the nature of the dispute to be arbitrated and designating one
one (1) arbitrator selected by it.
b. Within five (5) working days from the receipt of such notice, the other party shall notify the first party its statement of the matter to be arbitrated.
c. The parties may waive the three (3) member panel by mutual agreement.
d. Within five (5) days after the selection of the second arbitrator, the two (2) arbitrators shall select a third. If they are unable to agree on a third arbitrator within five (5) days, the American Arbitration Association will be asked to submit a panel in accordance with their rules.
11) . The fees and expenses of the third impartial arbitrator, cost of transcript (if one is requested by the Board of Arbitration), and cost of the hearing room shall be borne equally by both parties. All other expenses incurred shall be paid by the party incurring them.
12) . The Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the Board of Arbitration in the same manner as other collective bargaining agreements. The function and purpose of the Board of Arbitration is to determine disputed interpretations of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The Board of Arbitration shall, therefore, not have authority authority, nor shall it consider its function to include, include the decision of any issue not submitted or to so interpret or apply the Agreement as to change what can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. The Board of Arbitration shall not give any decision which in practical or actual effect modifies, revises, detracts de-tracts from or adds to, to any of the terms or provisions of this Agreement. Past practice of the parties in interpreting or applying terms of the Agreement can be relevant evidence, but may not be used so as to justify or result in, in what is in effect a modification (whether by addition or detraction) of written terms of this Agreement. The Board of Arbitration has no obligation or function to render a decision or not to render a decision merely because in its opinion such a decision is fair or equitable or because in its opinion it is unfair or inequitable.
13) . Unless expressly agreed to by the parties, in writing, the Board of Arbitrators is are limited to hearing one issue or grievance upon its merits at any one hearing. Separate Boards of Arbitration shall be constituted for each grievance appealed to binding arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement