Procedure for Processing Grievances. A. Immediate Supervisor - Level I The grievant and the Association representative or the Association may orally present a grievance to the immediate supervisor. If the grievance is not settled orally, a written statement of grievance shall be presented to the immediate supervisor within twenty (20) working days after the occurrence of the grievance or within twenty (20) working days from the time the grievant or the Association should have reasonably become aware of the occurrence of the events giving rise to the grievance, whichever is later. The "Statement of Grievance" shall name the grievant(s) involved, the specific facts giving rise to the grievance, the specific provision(s) of the Agreement alleged to be violated, and the remedy (specific relief) requested. The immediate supervisor, upon receipt of the written grievance, shall sign and date the grievance form and shall give a copy of the grievance form to the grievant(s), Association representative and the Superintendent. The immediate supervisor shall answer the grievance in writing. The immediate supervisor's answer shall include the specific reasons upon which the decision was based, within five (5) working days of receiving the grievance and shall concurrently send a copy of the grievance, his/her decision and all supportive evidence to the grievant(s), association representative and the Superintendent. B. Superintendent - Level II If no satisfactory settlement is reached at Step I, the grievance may be appealed to Step II, Superintendent or designated representative, within eight (8) working days of receipt of the decision rendered in Step I. The Superintendent or designated representative shall arrange for a grievance meeting with the grievant(s) and/or Association representative and such meeting shall be scheduled within eight (8) working days of the receipt of the Step II Appeal. The purpose of this meeting shall be to affect a resolution of the grievance. The Superintendent or designated representative shall provide a written decision, incorporating the specific reasons upon which the decision was based to the grievant(s), association representative, and immediate supervisor within five (5) working days from the conclusion of the meeting. C. Board - Level III If the grievant is not satisfied with the proceedings in Level II, or if no decision has been given within eight days of the filed grievance, or within five days after the Superintendent's decision, a grievant may file grievance directly to the Board. Within thirty days of such filed grievance the Board will deliver its decision. D. Mediation/Arbitration The Employer and the Association may mutually agree to bypass the Board (level III) and to utilize instead the mediation/arbitration process in accordance with the rules stated in Appendix C attached. E. Arbitration If no satisfactory settlement is reached at Step III, the Association within fifteen (15) working days of the receipt of the Step III decision may appeal the final decision of the Employer to the American Arbitration Association for arbitration under the voluntary rules. Any grievance arising out of a violation of this Agreement may be submitted to arbitration unless specifically and expressly excluded within this Article. The Arbitrator shall hold a hearing within twenty (20) working days of his appointment. Ten (10) working days notice shall be given to both parties of the time and place of the hearing. The arbitrator will issue his decision within twenty (20) days from the date final written briefs have been submitted or if revised by both parties, twenty (20) days after the completion of the hearing. The Arbitrator's decision will be in writing and will set forth his/her finding of fact, reasoning, and conclusions on the issues submitted to his/her. The decision of the Arbitrator shall be final and binding upon the Employer, the Association and the grievant(s).
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure for Processing Grievances.
A. Immediate Supervisor - Level I The grievant and the Association representative or the Association may orally present a grievance to the immediate supervisor. If the grievance is not settled orally, a written statement of grievance shall be presented to the immediate supervisor within twenty (20) working days after the occurrence of the grievance or within twenty (20) working days from the time the grievant or the Association should have reasonably become aware of the occurrence of the events giving rise to the grievance, whichever is later. The "Statement of Grievance" shall name the grievant(s) involved, the specific facts giving rise to the grievance, the specific provision(s) of the Agreement alleged to be violated, and the remedy (specific relief) requested. The immediate supervisor, upon receipt of the written grievance, shall sign and date the grievance form and shall give a copy of the grievance form to the grievant(s), Association representative and the Superintendent. The immediate supervisor shall answer the grievance in writing. The immediate supervisor's answer shall include the specific reasons upon which the decision was based, within five (5) working days of receiving the grievance and shall concurrently send a copy of the grievance, his/her decision and all supportive evidence to the grievant(s), association representative and the Superintendent.
B. Superintendent - Level II If no satisfactory settlement is reached at Step I, the grievance may be appealed to Step II, Superintendent or designated representative, within eight (8) working days of receipt of the decision rendered in Step I. The Superintendent or designated representative shall arrange for a grievance meeting with the grievant(s) and/or Association representative and such meeting shall be scheduled within eight (8) working days of the receipt of the Step II Appeal. The purpose of this meeting shall be to affect a resolution of the grievance. The Superintendent or designated representative shall provide a written decision, incorporating the specific reasons upon which the decision was based to the grievant(s), association representative, and immediate supervisor within five (5) working days from the conclusion of the meeting.
C. Board - Level III If the grievant is not satisfied with the proceedings in Level II, or if no decision has been given within eight days of the filed grievance, or within five days after the Superintendent's decision, a grievant may file grievance directly to the Board. Within thirty days of such filed grievance the Board will deliver its decision.
D. Mediation/Arbitration The Employer and the Association may mutually agree to bypass the Board (level III) and to utilize instead the mediation/arbitration process in accordance with the rules stated in Appendix C attached.
E. Arbitration If no satisfactory settlement is reached at Step III, the Association within fifteen (15) working days of the receipt of the Step III decision may appeal the final decision of the Employer to the American Arbitration Association for arbitration under the voluntary rules. Any grievance arising out of a violation of this Agreement may be submitted to arbitration unless specifically and expressly excluded within this Article. The Arbitrator shall hold a hearing within twenty (20) working days of his appointment. Ten (10) working days notice shall be given to both parties of the time and place of the hearing. The arbitrator will issue his decision within twenty (20) days from the date final written briefs have been submitted or if revised by both parties, twenty (20) days after the completion of the hearing. The Arbitrator's decision will be in writing and will set forth his/her finding of fact, reasoning, and conclusions on the issues submitted to his/her. The decision of the Arbitrator shall be final and binding upon the Employer, the Association and the grievant(s).Ten
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure for Processing Grievances.
A. Immediate Supervisor - Level I The grievant and the Association representative or the Association may orally present a grievance to the immediate supervisor. If the grievance is not settled orally, a written statement of grievance shall be presented to the immediate supervisor within twenty (20) working days after the occurrence of the grievance or within twenty (20) working days from the time the grievant or the Association should have reasonably become aware of the occurrence of the events giving rise to the grievance, whichever is later. The "Statement of Grievance" shall name the grievant(s) involved, the specific facts giving rise to the grievance, the specific provision(s) of the Agreement alleged to be violated, and the remedy (specific relief) requested. The immediate supervisor, upon receipt of the written grievance, shall sign and date the grievance form and shall give a copy of the grievance form to the grievant(s), Association representative and the Superintendent. The immediate supervisor shall answer the grievance in writing. The immediate supervisor's answer shall include the specific reasons upon which the decision was based, within five (5) working days of receiving the grievance and shall concurrently send a copy of the grievance, his/her decision and all supportive evidence to the grievant(s), association representative and the Superintendent.
B. Superintendent - Level II If no satisfactory settlement is reached at Step I, the grievance may be appealed to Step II, Superintendent or his designated representative, within eight (8) working days of receipt of the decision rendered in Step I. The Superintendent or his designated representative shall arrange for a grievance meeting with the grievant(s) and/or Association representative and such meeting shall be scheduled within eight (8) working days of the receipt of the Step II Appeal. The purpose of this meeting shall be to affect a resolution of the grievance. The Superintendent or his designated representative shall provide a written decision, incorporating the specific reasons upon which the decision was based to the grievant(s), association representative, and immediate supervisor within five (5) working days from the conclusion of the meeting.
C. Board - Level III If the grievant is not satisfied with the proceedings in Level II, or if no decision has been given within eight days of the filed grievance, or within five days after the Superintendent's decision, a grievant may file grievance directly to the Board. Within thirty days of such filed grievance the Board will deliver its decision.
D. Mediation/Arbitration The Employer and the Association may mutually agree to bypass the Board (level III) and to utilize instead the mediation/arbitration process in accordance with the rules stated in Appendix C D attached.
E. Arbitration If no satisfactory settlement is reached at Step III, the Association within fifteen (15) working days of the receipt of the Step III decision may appeal the final decision of the Employer to the American Arbitration Association for arbitration under the voluntary rules. Any grievance arising out of a violation of this Agreement may be submitted to arbitration unless specifically and expressly excluded within this Article. The Arbitrator shall hold a hearing within twenty (20) working days of his appointment. Ten (10) working days notice shall be given to both parties of the time and place of the hearing. The arbitrator will issue his decision within twenty (20) days from the date final written briefs have been submitted or if revised by both parties, twenty (20) days after the completion of the hearing. The Arbitrator's decision will be in writing and will set forth his/her finding of fact, reasoning, and conclusions on the issues submitted to his/her. The decision of the Arbitrator shall be final and binding upon the Employer, the Association and the grievant(s).
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure for Processing Grievances.
A. Immediate Supervisor - Level I Step 1: Informal Communications The District and Association acknowledge that it is usually most desirable for an employee and immediate supervisor to resolve problems through free and informal communications. The grievant and the and/or Association representative or the Association representative(s) may orally present a grievance to the immediate supervisor. Such meeting shall be held within five (5) days of the request. The employee shall request a meeting with the immediate supervisor within fifteen (15) days from the time of the occurrence of the event or the time that the employee should have reasonably become aware of the occurrence of the event, whichever is later. If no solution is reached at the Informal Meeting, the grievance will be reduced to writing. The following steps shall be followed in the processing of a formal grievance.
Step 2: Formal Meeting with the Immediate Supervisor:
A. If the grievance is not settled orally, a written statement of the grievance shall be presented to the immediate supervisor within twenty five (205) working days after of the occurrence meeting. If no informal meeting is held, the written statement of the grievance or shall be presented to the immediate supervisor within twenty fifteen (2015) working days from the time the grievant act or the Association should have reasonably become aware of the occurrence of the events giving event that gave rise to the grievance.
B. The written grievance at this step and at all steps, whichever thereafter, shall contain the following information:
1. A statement of the grievance and the facts upon which it is laterbased;
2. The "Statement of Grievance" shall name the grievant(s) involved, the specific facts giving rise to the grievance, the specific provision(s) provisions of the Agreement alleged to be allegedly violated, and the remedy (specific relief) requested;
3. The immediate supervisor, upon remedy or adjustment sought; and
4. The signature of the aggrieved.
C. Upon receipt of the written grievance, shall sign and date the grievance form and shall give a copy of the grievance form to the grievant(s), Association representative and the Superintendent. The immediate supervisor shall answer the grievance in writing. The immediate supervisor's answer shall include the specific reasons upon which the decision was basedshall, within five (5) working days of receiving the grievance and shall concurrently send a copy after receipt of the grievance, his/her decision and all supportive evidence to the grievant(s), association representative and the Superintendent.
B. Superintendent - Level II If no satisfactory settlement is reached at Step I, the grievance may be appealed to Step II, Superintendent or designated representative, within eight (8) working days of receipt of the decision rendered in Step I. The Superintendent or designated representative shall arrange for a grievance meeting to take place with the grievant(s) and/or Association representative and such meeting shall be scheduled within eight (8) working days of the receipt of the Step II Appeal. representative(s).
D. The purpose of this meeting shall be to affect a resolution of the grievance. The Superintendent or designated representative supervisor shall provide the aggrieved party and the Association with a written decision, incorporating the specific reasons upon which the decision was based response to the grievant(s), association representative, and immediate supervisor grievance within five (5) working days from after the conclusion meeting. The written response at this step and at all steps thereafter shall contain the following information:
1. An affirmation or denial of the meetingfacts upon which the grievance is based,
2. Findings of the alleged violation of the Agreement,
3. The remedy or adjustment, if any, to be made; and
4. The signature of the immediate supervisor.
C. Board - Level III Step 3: Superintendent/Designee
A. If the grievant grievance is not satisfied with the proceedings in Level IIresolved at Step 2, or if no decision has been given rendered within eight days of the filed grievance, or within five days after the Superintendent's decision, a grievant may file grievance directly to the Board. Within thirty days of such filed grievance the Board will deliver its decision.
D. Mediation/Arbitration The Employer and the Association may mutually agree to bypass the Board (level III) and to utilize instead the mediation/arbitration process in accordance with the rules stated in Appendix C attached.
E. Arbitration If no satisfactory settlement is reached at Step III, the Association within fifteen (15) working days of the receipt of the Step III decision may appeal the final decision of the Employer to the American Arbitration Association for arbitration under the voluntary rules. Any grievance arising out of a violation of this Agreement may be submitted to arbitration unless specifically and expressly excluded within this Article. The Arbitrator shall hold a hearing within twenty (20) working days of his appointment. Ten (10) working days notice shall be given to both parties of the time and place of the hearing. The arbitrator will issue his decision within twenty (20) days from the date final written briefs have been submitted or if revised by both parties, twenty (20) days after the completion of the hearing. The Arbitrator's decision will be in writing and will set forth his/her finding of fact, reasoning, and conclusions on the issues submitted to his/her. The decision of the Arbitrator shall be final and binding upon the Employer, the Association and the grievant(s).ten
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure for Processing Grievances. 1. Stage 1: Principal
A. Immediate Supervisor - Level I (a) The grievant Aggrieved Party having a grievance shall discuss it with the Principal in charge of the administrative unit where the Aggrieved Party experienced the alleged violation. The party may do so directly or in the presence of the Grievance Representative with the objective of resolving the problem informally. The Principal will confer with all parties in interest, but on arriving at the decision, will not consider any material or statements offered by or on behalf of any such party in interest with whom consultation has been had without the Aggrieved Party and/or the Grievance Representative present. The Principal may require any member of the bargaining unit having information or knowledge relating to such grievance to present such information in the presence of the Principal, the Aggrieved Party, and/or Grievance Representative. The Principal shall communicate the decision to the Aggrieved Party, the Grievance Representative and the Association representative or the Association may orally present a grievance to the immediate supervisor. If the grievance is not settled orally, a written statement of grievance shall be presented to the immediate supervisor within twenty (20) working days after the occurrence of the grievance or within twenty (20) working days from the time the grievant or the Association should have reasonably become aware of the occurrence of the events giving rise to the grievance, whichever is later. The "Statement of Grievance" shall name the grievant(s) involved, the specific facts giving rise to the grievance, the specific provision(s) of the Agreement alleged to be violated, and the remedy (specific relief) requested. The immediate supervisor, upon receipt of the written grievance, shall sign and date the grievance form and shall give a copy of the grievance form to the grievant(s), Association representative and the Superintendent. The immediate supervisor shall answer the grievance in writing. The immediate supervisor's answer shall include the specific reasons upon which the decision was based, President within five (5) working days of receiving the grievance and shall concurrently send a copy of the grievance, his/her decision and all supportive evidence to the grievant(s), association representative and the Superintendentfollowing their informal discussion.
B. Superintendent - Level II If no satisfactory settlement is reached at Step I, the grievance may be appealed to Step II, Superintendent or designated representative, within eight (8) working days of receipt of the decision rendered in Step I. The Superintendent or designated representative shall arrange for a grievance meeting with the grievant(sb) and/or Association representative and such meeting shall be scheduled within eight (8) working days of the receipt of the Step II Appeal. The purpose of this meeting shall be to affect a resolution of the grievance. The Superintendent or designated representative shall provide a written decision, incorporating the specific reasons upon which the decision was based to the grievant(s), association representative, and immediate supervisor within five (5) working days from the conclusion of the meeting.
C. Board - Level III If the grievant Aggrieved Party is not satisfied with the proceedings in Level IIdecision at Stage 1.(a), or if no decision has been given rendered within eight five (5) days, the Aggrieved Party may file the written grievance with the Grievance Representative or with the Principal within the following five (5) days. If the written grievance has been filed through the Grievance Representative, said Grievance Representative shall refer it to the Principal within two (2) days of after receiving it. Within five (5) days after receiving the filed written grievance, or within five days after the Superintendent's decision, Principal shall render a grievant may file grievance directly written decision with supporting reasons and present it to the Board. Within thirty days of such filed grievance Aggrieved Party, the Board will deliver its decision.
D. Mediation/Arbitration The Employer Grievance Representative and the Association may mutually agree to bypass President.
2. Stage 2: Superintendent
(a) If the Board (level III) and to utilize instead Aggrieved Party initiating the mediation/arbitration process in accordance Grievance is not satisfied with the rules stated written decision at the end of Stage 1 and wishes to proceed further under this grievance procedure, the Aggrieved Party, within five (5) days, shall file the grievance in Appendix C attachedwriting with the PPRR Committee for its consideration or proceed independently of the Association through Stage 2.
E. Arbitration (b) If no satisfactory settlement the PPRR Committee determines that the grievance is reached meritorious, it will then file a written request for a meeting with the Superintendent at Step III, the Association within fifteen (15) working days of the receipt of the Step III decision may appeal the final decision of the Employer to the American Arbitration Association for arbitration under the voluntary rulesStage 2. Any grievance arising out of a violation of this Agreement may be submitted to arbitration unless specifically and expressly excluded within this Article. The Arbitrator shall hold a hearing within twenty (20) working days of his appointment. Ten (10) working days notice This request shall be given to both parties of filed with the time and place of the hearing. The arbitrator will issue his decision Superintendent within twenty (20) days from the date final written briefs have been submitted or if revised by both parties, twenty (20) days after the completion of the hearing. The Arbitrator's decision will be in writing and will set forth his/her finding of fact, reasoning, and conclusions on the issues submitted to his/her. The decision of the Arbitrator shall be final and binding upon the Employer, the Association and the grievant(s).twenty
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure for Processing Grievances.
A. Immediate Supervisor - Level I The grievant parties acknowledge that it is usually most desirable for a professional person and his immediate supervisor to resolve problems through free and informal communications. When requested by the professional person, the Association representative may intervene to assist in this resolution. However, should such informal process fail to satisfy the professional person or the Association may orally present Association, then a grievance to shall be processed as follows:
Step 1. The grievance procedure shall be initiated by the immediate supervisoraggrieved person,
Step 2. If the grievance is not settled orallysatisfactorily resolved in Step 1 the aggrieved person, a either with or without the assistance of the Association, may appeal the grievance in writing within six (6) days of the supervisor's written statement of grievance shall be presented answer to the immediate supervisor school principal; or in the event the school principal is the supervisor, to the superintendent or designee as set forth in Step 3. The school principal and/or his representative shall meet with the aggrieved person and/or his Association representative in an effort to resolve the grievance. Such meeting shall take place within six (6) days after receipt of the appeal by the principal. The principal shall give his written decision within six (6) days of the close of the meeting.
Step 3. If the grievance is not satisfactorily resolved in Step 2, the aggrieved person, either with or without the assistance of the Association, may appeal the grievance to the superintendent and/or his representative within six (6) days of the principal's written answer. The superintendent and/or his representative shall meet with the aggrieved person and/or his Association representative in an effort to resolve the grievance. Such meeting shall take place within ten (10) days after receipt of the appeal by the superintendent or designee. The superintendent and/or his representative shall give his written decision within ten (10) days after the close of the meeting.
Step 4. In the event a grievance is not satisfactorily resolved as a result of Step 3, the Association may demand arbitration of the matter by giving the, superintendent or designee written notice within twenty (20) working days after the occurrence of the grievance or within twenty (20) working days from the time the grievant or the Association should have reasonably become aware of the occurrence of the events giving rise to the grievance, whichever is later. The "Statement of Grievance" shall name the grievant(s) involved, the specific facts giving rise to the grievance, the specific provision(s) of the Agreement alleged to be violated, and the remedy (specific relief) requested. The immediate supervisor, upon receipt of the written grievance, shall sign and date the grievance form and shall give a copy of the grievance form to the grievant(s), Association representative and the Superintendent. The immediate supervisor shall answer the grievance in writing. The immediate supervisor's answer shall include the specific reasons upon which the decision was based, within five (5) working days of receiving the grievance and shall concurrently send a copy of the grievance, his/her decision and all supportive evidence to the grievant(s), association representative and the Superintendent.
B. Superintendent - Level II If no satisfactory settlement is reached at Step I, the grievance may be appealed to Step II, Superintendent or designated representative, within eight (8) working days of receipt of the decision rendered in Step I. The Superintendent or designated representative shall arrange for a grievance meeting with the grievant(s) and/or Association representative and such meeting shall be scheduled within eight (8) working days of the receipt Step 3 answer. In cases where the parties are unable to agree on the appointment of the Step II Appeal. The purpose of this meeting shall be to affect a resolution of the grievance. The Superintendent or designated representative shall provide a written decision, incorporating the specific reasons upon which the decision was based to the grievant(s), association representative, and immediate supervisor within five (5) working days from the conclusion of the meeting.
C. Board - Level III If the grievant is not satisfied with the proceedings in Level II, or if no decision has been given within eight days of the filed grievance, or within five days after the Superintendent's decision, a grievant may file grievance directly to the Board. Within thirty days of such filed grievance the Board will deliver its decision.
D. Mediation/Arbitration The Employer and an arbitrator the Association may mutually agree to bypass shall refer the Board (level III) and to utilize instead the mediation/arbitration process in accordance with the rules stated in Appendix C attached.
E. Arbitration If no satisfactory settlement is reached at Step III, the Association within fifteen (15) working days of the receipt of the Step III decision may appeal the final decision of the Employer grievance to the American Arbitration Association for arbitration under selection of an arbitrator within forty (40) days following issuance of the voluntary rulesStep 3 decision or the grievance shall be deemed withdrawn. Any grievance arising out arbitration hereunder shall be conducted in accordance with the Voluntary Labor Arbitration Rules of a violation the American Arbitration Association subject to the provisions of this Agreement may be submitted to arbitration unless specifically and expressly excluded within this ArticleAgreement. The Arbitrator parties shall hold a hearing within twenty (20) working days of his appointment. Ten (10) working days notice shall be given to both parties share equally in the compensation and the expenses of the time and place of the hearing. The arbitrator will issue his decision within twenty (20) days from the date final written briefs have been submitted or if revised by both parties, twenty (20) days after the completion of the hearing. The Arbitrator's decision will be in writing and will set forth his/her finding of fact, reasoning, and conclusions on the issues submitted to his/her. The decision of the Arbitrator shall be final and binding upon the Employer, the Association and the grievant(s)arbitrator.
Appears in 1 contract
Sources: Collective Bargaining Agreement