Procedure. A grievance shall be presented and adjusted in the following manner: 1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2. 2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting. 3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting. 4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. Level One. A grievance shall lodged with the Transportation Director or the appropriate administrator must be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen ten (1510) school working days after knowledge by the staff member grievant knew or should have known of the facts event or action giving rise to the act or condition which is the basis of his/her alleged grievance. The grievant and the immediate administrator Continuing grievances shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same be recognized but any relief afforded may be limited to the Step 1 administrator time period within which grievances are to be filed. The grievance conference shall occur within five (5) school days, but in no event should work days after the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievanceis filed. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting grievant shall be held and accompanied by the local Representative and/or any other OAPSE agent. Level Two. In the event a decision in writing rendered grievance has not been satisfactorily resolved at Level One, the Association may file, within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision work days of the foregoing step may be appealed in writing by Transportation Director's or of the grievant to appropriate administrator's written decision at Level One, a copy of the Step 2 administrator within grievance with the Superintendent. Within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school work days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of written grievances is filed, the foregoing step may be appealed in writing by grievant, the grievant Association Representative and the Principal, Superintendent and/or his designee shall meet to attempt to resolve the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been receivedgrievance. The CEO Superintendent or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer designee shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final his decision within five (5) school days after it has heard of the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses Level Two meeting and to the Hearing Officer's findingsgrievant and the Association. For all grievances except those protesting an employee’s termination the decision of the Superintendent at Level Two shall be the final decision in the grievance procedure. Level Three. Only grievance protesting an employee’s termination may be advanced to Level Three. If the aggrieved is not satisfied with the disposition at Level Two of the grievance procedure, he/she may initiate Level Three of this procedure. The Association may refer the grievance to the arbitrator by giving written notice to the Superintendent and/or the Board of its desire to do so within thirty (30) days of the date on the Level Two decision. The parties will mutually agree to either AMS or FMCS. The arbitrator shall be chosen from a list provided by the Federal Mediation and Conciliation Service (FMCS) or Arbitration Mediation Services (AMS). The Board and the Association shall split the cost of the list. Selection and hearing shall be in accordance with the voluntary rules and regulations of the FMCS or AMS. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to each party present at the hearing. The decision of the arbitrator shall be binding on both the Board and the Association, and the Bargaining Unit members. Renewal of limited contracts for employees may be taken through the grievance procedure, short of binding arbitration. Binding arbitration is specifically excluded from application to disputes over the renewal of employees whose contracts are in a noncontinuing status. The arbitrator shall expressly confine himself/herself to the precise issue(s) submitted for arbitration and shall have no responses authority to determine any other issue(s) not so submitted to him/her or to submit observations or declarations of opinion which are receivednot directly essential in reaching the final decision or in any way interfere with management prerogatives involving Board discretion nor limit or interfere in any way with the powers, duties and rules and regulations having the force and effect of law. The Arbitrator shall have no power to add to, delete from, disregard or modify any of the terms of the Agreement. The cost for arbitration shall be paid by the losing party. The arbitration cost incurred by each party to the arbitration shall be paid by that party. In a case where there is no clear losing party, the Board shall render its final decision within five (5) school days after receipt of arbitrator has the Hearing Officer's findingsright and duty to apportion the costs to each party as that arbitration case dictates.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A. Step I A grievant shall first discuss the grievance with the appropriate immediate supervisor. This meeting shall be presented on an informal basis and adjusted in the shall be held within ten (10) days following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her for the grievance. The grievant and shall let it be known that the immediate administrator meeting is the Informal Step 1 of the grievance procedure. All potential grievances shall confer with be submitted to a view Union Grievance Committee composed of one representative from each classification for approval prior to arriving at a mutually satisfactory resolution. going to the Step II level.
B. Step II If the grievance is not resolved at by the informal procedure Step 1I, then or if the grievant shall reduce elects not to use the informal procedure, it may be pursued further by submitting a completed Grievance Report Form. On the grievance to writing and submit form, the same grievant must clearly indicate the Article and/or paragraph in which the alleged misapplication, misinterpretation or violation occurred of the express written provisions of this Agreement. A copy of this form shall be submitted by the grievant to the Step 1 administrator immediate supervisor. Within five (5) days of receipt of the Grievance Report Form, the immediate supervisor shall meet with the grievant. The immediate supervisor shall write a disposition of the grievance within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position such meeting by completing Step II of the aggrieved employee - A statement of the grievance, including the relevant date - A reference Grievance Report Form and returning a copy to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, the Union and such meeting the Superintendent.
C. Step III If the grievant is not satisfied with the disposition of the grievance at Step II, the grievant shall be held complete Grievance Report Form, Step III, and a decision in writing rendered submit same to the Superintendent within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision days of the foregoing step may be appealed in writing by the grievant receipt of its disposition at Step II. Failure to the Step 2 administrator file such appeal within five (5) school days after the decision from receipt of the written disposition at Step 1 administrator or his designated representative has been receivedII shall constitute a waiver of the right to appeal. The Step 2 administrator or his/her designated representative shall meet with the grievant within five Within ten (510) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of grievance form, the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative Superintendent shall meet with the grievant within five (5) school days of receipt of the appealgrievant. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than Within ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by meeting, the aggrieved party to the Board within five (5) school days after the decision of the CEO or Superintendent shall write his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt disposition of the appeal grievance by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit completing his/her findings portion of factStep III, conclusions of law and recommendations forwarding a copy to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are receivedgrievant, the Board shall render its final decision within five (5) school days after receipt of Union and the Hearing Officer's findingsimmediate supervisor.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted in Level 1 With the following manner:
1. Immediate Administrator-Step 1 The grievant shall Principal Any teacher may present a grievance orally to his immediate administrator within a reasonable timegrievance, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise writing, to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, building principal within ten (10) school days after the completion event or decision upon which the grievance is based comes to the attention of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Boardteacher. The findings of the Hearing Officer principal shall be distributed to both parties. Either party shall have the right to submit set a written response to the Board date within five (5) school days after receipt which is mutually agreeable with the grievant for a hearing of the findingsgrievance. The Board Following the hearing of the grievance, the principal shall render its final give the grievant a written decision and rationale within the next five school days.
Level 2 With the Superintendent If the grievant is not satisfied with the decision of the principal, he/she may appeal in writing within five (5) school days after it has heard of the receipt of the decision to the superintendent for a hearing of the grievance. The superintendent shall hear the grievance within five school days after the receipt of the request for hearing. Those attending the hearing with the superintendent shall include the grievant, ora representative of the grievant, if desired, the matter building principal, if involved, and the superintendent. The superintendent shall give the grievant a written decision and rationale within five school days of the hearing. If the grievant wishes to meet with the superintendent rather than the designee, the parties will determine a mutually agreeable time.
Level 3 With the Board of Education In the event the grievant is not satisfied with the decision of the superintendent, he/she may appeal the decision to the board by notifying the superintendent in writing at least five (5) school days prior to the next regular meeting of the board. The superintendent shall place the grievance hearing on the agenda. The board may make its decision immediately following the hearing; however, the board shall make a decision no later than the conclusion of their next regular board meeting. The clerk of the board will provide the grievant written notification as to the decision of the board and their rationale. Level 4 – Arbitration
a. If the grievance involves a claim by the grievant that there has been referred a violation, misapplication or misinterpretation of the agreement, and he/she is not satisfied by the decision at level three, he/she may submit to the association a Hearing Officerrequest, in writing, within five (5) school days after it has received of the responses receipt of the board’s decision that the association submit the grievance to arbitration. The association may, by written notice to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision board within five ten (510) school days after receipt of the Hearing Officer's findingsrequest from the aggrieved person, submit the grievance to arbitration if they feel the grievance involves a violation misapplication, or misinterpretation of the agreement.
b. Within ten school days after such written notice of submission to arbitration, the board or its designee, and the association or its designee, will attempt to agree upon a mutually acceptable arbitrator and to obtain a commitment from such arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such commitment within ten (10) school days, a request for a list of five arbitrators shall be made by either party to the American Association of Arbitrators in accordance with its procedures. Upon receipt of the list, the parties shall determine by lot which party shall have the right to strike the first name from the list. The party having the right to remove the first name shall do so within two (2) school days, and the parties shall have alternately strike until one name remains. The striking process shall take no more than three (3) school days. The person whose name remains on the list shall be the arbitrator.
c. The arbitrator, so selected, will confer with the representatives of the board and the association. If the board contends that the grievance does not involve a violation, misapplication or misinterpretation of the agreement, the arbitrator will determine whether an arbitrable issue exists. If an arbitrable issue exists, the arbitrator will hold hearings promptly and will issue his/her decision no later than 20 school days from the date of the close of such hearings, or if oral arguments have been waived, then from the date of submission of the final statements and proofs. Neither party shall assert in the arbitration proceedings any evidence which was not submitted to the other part in prior hearings on this grievance. The arbitrator may not make any decision which requires the commission of an act prohibited by law or which is in violation of the terms of the negotiated agreement. The decision of the arbitrator will be submitted to the board and the association and will be final and binding upon the parties of interest. Neither the board nor the association shall appeal the ruling of the arbitrator to the district court or any other formal body.
d. The cost of the services of the arbitrator, including per diem, travel and hearing room expenses will be borne equally by the board and the association. All other expenses will be borne by the party incurring them.
Appears in 4 contracts
Sources: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
Procedure. A An employee and the immediate Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be presented finally and adjusted in conclusively settled without stoppage of work by the following mannersteps:
1. Immediate Administrator-Step 1 The grievant employee shall present a formally take up the grievance orally to his immediate administrator with the Supervisor from whose decision it arose within a reasonable time, but in no event longer than fifteen ten (1510) school working days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. grievance arising.
Step 2 If the grievance is not resolved at Step 1, then the grievant shall reduce employee wishes to pursue the grievance to writing and submit further the same to the Step 1 administrator employee shall, within five (5) school days, but in no event should working days of having taken the grievance remain unresolved at up with the Supervisor in Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply 1, present such grievance in writing, on a form to be approved by the standard grievance form which shall contain City and the following information: - Name and position of the aggrieved employee - A statement of the grievanceUnion, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - Department Head. The corrective action requested - Signature of Department Head will provide a reply to the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In working days of receipt of the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2grievance.
2. Director IIIa) If, Area Executive Officer or Designee —Step 2 The decision of having received a reply from the foregoing step may be appealed in writing by Department Head, the grievant employee wishes to pursue the Step 2 administrator grievance further, the employee shall, within five (5) school working days after of receiving said reply, forward the decision completed grievance form to the Office of the Step 1 administrator or his designated representative has been receivedCity Manager. The Step 2 administrator or his/her designated representative Manager's Office shall meet with refer the grievant grievance to a Grievance Sub-Committee within five one (51) school days working day.
b) The Grievance Sub-Committee shall consist of receipt an appointee of the appeal. The aggrieved party will receive at least two (2) school day's notice Union and an appointee of the meeting and an opportunity City Manager.
c) The Grievance Sub-Committee shall have the right to be heard. The Step 1 administrator, or his/her designated representative, may be present at jointly investigate all aspects of the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant grievance and to interview the Step 1 administrator as soon as possibleGrievor, but not later than five (5) school days after such meetingthe Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
3. Area Executive Officer or Designee —Step 3 d) The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. BoardGrievance Sub-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing OfficerCommittee shall, within ten (10) school working days after from the completion time of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard receiving the grievance, orcommunicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, if or its failure to agree, to the matter has been referred Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to a Hearing Officerpursue the grievance further, it shall, within five (5) school working days after it has received of receiving said reply, refer the responses matter in writing to the Hearing Officer's findingsCity Manager. If no responses are received, The City Manager or his designate shall provide a written response to the Board shall render its final decision Union within five (5) school days after receipt of the Hearing Officer's findings.ten
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Procedure. Informal As soon as a teacher becomes aware of an event, which may lead to the submission of a written grievance, the teacher or one designated member of a group having a grievance, shall request that a meeting be held with the particular administrator involved. The purpose of this meeting shall be an attempt to resolve the matter informally. Level II - Administration A copy of the written grievance shall be presented and adjusted in submitted to the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his aggrieved’ s immediate administrator within a reasonable time, but in no event longer than fifteen thirty (1530) school days after knowledge by the staff member of becoming aware of the facts giving rise to alleged violation. A meeting shall be mutually agreed upon between the act or condition which is the basis of his/her grievance. The grievant aggrieved and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement filing of the grievance, including . Either the relevant date - A reference aggrieved or the administrator may have present such people who may provide information related to the applicable provisions of grievance. Discussion at this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held confined to the issues as stated in the grievance and the relief sought. Within five (5) days of the meeting the administrator shall provide the aggrieved with a decision written response stating his position and suggestion for resolvement of the grievance. Level III - Superintendent If the aggrieved is not satisfied with the suggestion for resolvement received in writing rendered Level I, he may within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officerdays of receipt of such written response, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant submit his written grievance to the Step 2 administrator superintendent and request a meeting to discuss the grievance. The meeting shall be within five (5) school days after the decision of the Step 1 administrator or his designated representative has been receivedrequest. The Step 2 administrator or his/her designated representative meeting shall meet with the grievant within be conducted in a manner as stated in Level I. Within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, superintendent shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by provide the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt stating his position and suggestion for resolvement of the findingsgrievance. The Level IV - School Board shall render its final decision within five (5) school days after it has heard If the grievanceaggrieved is not satisfied with the suggestion for resolvement received in Level II, or, if the matter has been referred to a Hearing Officerhe may, within five (5) school days after it has received the responses of receipt of such written response, submit his written grievance to the Hearing Officer's findingsBoard of Education and request a meeting to discuss the grievance. If no responses are received, the Board The meeting shall render its final decision be within five (5) school days after receipt of the Hearing Officer's findingsrequest. The meeting shall be conducted in a manner as stated in Level I. Within five (5) days of the meeting the Board of Education shall provide the aggrieved with a written response stating their position and suggestion for resolvement of the grievance. The decision of the Board does not necessarily mean concurrence by the Commerce Association of Classroom Teachers or the aggrieved and no other hearing shall prevent the aggrieved from securing legal counsel or seeking whatever further legal recourse that is available to the aggrieved.
Appears in 3 contracts
Sources: Commerce Association of Classroom Teachers Agreement, Commerce Association of Classroom Teachers Agreement, Commerce Association of Classroom Teachers Agreement
Procedure. The parties agree to act in good faith to attempt to resolve the grievance promptly and expeditiously. All grievances must be submitted in writing using the grievance form found in Appendix H, stating the facts of the complaint, the section(s) of this Agreement involved and the relief requested at the appropriate initial step. All grievances must progress through the appropriate steps in order to be considered unless the parties mutually agree in writing to file a grievance at an advanced step. A grievance shall be presented and adjusted processed in the following manner:
1. Immediate Administrator-Step 1 The - After verbal notification to their immediate supervisor, any grievant shall present who has a grievance orally shall submit the same in writing to his immediate administrator the supervising Lieutenant within a reasonable time, but in no event longer than fifteen five (155) school calendar days after knowledge by the staff member grievant knows, or through the exercise of reasonable diligence, should have known of the facts event giving rise to the act or condition which is the basis of his/her grievance. The grievant and supervising Lieutenant shall give a written answer within three (3) scheduled work days after receipt of the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. grievance.
Step 2 - If the grievance is not resolved at settled in Step 1, then 1 and an Officer or the grievant shall reduce Association wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be referred in writing and submit the same to the Step 1 administrator Police Chief within five three (53) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school calendar days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of response, from the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school dayssupervising Lieutenant. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Each Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal signed by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing Police Officer or receipt of documents submitted by Association ▇▇▇▇▇▇▇▇▇ and Appellee. The Police Chief, or designated representative, shall discuss the grievance with the Officer, the Hearing Officer shall submit his/her findings of fact, conclusions of law Association's designated representative and recommendations to any additional persons the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board parties deem necessary within five (5) school calendar days after receipt of the findingsgrievance. The Board Police Chief shall render its final decision give a written answer to the grievance within five (5) school calendar days of the meeting.
Step 3 - If the grievance is not settled in Step 2 and the Association wishes to appeal, it shall be referred in writing to the City Manager and/or a designated representative within three (3) calendar days after it has heard the grievanceAssociation Grievance Committee's approval of an appeal but in no event more than ten (10) days after the Police Chief's answer at Step 2. A meeting between the City Manager and/or representative, orthe Police Officer, if and the matter Association's designated representative shall be held at a time mutually agreeable to the parties. This meeting shall be held not later than ten (10) calendar days after the grievance has been referred filed with the City Manager. Should the Association fail to attend the scheduled meeting, the grievance will be considered waived. If the grievance is settled as a Hearing Officerresult of such a meeting, the settlement shall be reduced to writing and signed by the City Manager, or his representative, and the Association. The City Manager shall give a written response within five (5) school calendar days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsmeeting.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall Since it is important that the grievances be presented processed as rapidly as possible, the number of days indicated at each level should be considered as a maximum, and adjusted in every possible effort should be made to expedite the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievanceprocess. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but time limits contained in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall Article may be held and a decision in writing rendered within five (5) school daysextended by mutual agreement. In the event a grievance is filed which might not be resolved finally at Level Four under the time limits set forth herein by the end of the school year and could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced if at all practicable so that the grievant's grievance procedure may be exhausted prior to the end of the school term or as soon thereafter as possible. During the summer all references to school days shall be read as calendar days. It is agreed that where the immediate administrator supervisor is a Director III the Principal, Levels One and Two may be combined to expedite the grievance process. A grievance that cannot be resolved by the Principal at Level One or Area Executive OfficerTwo may be filed at the Level at which it may reasonably be resolved, then he/she shall skip Step 2i.e., Level Three.
21. Director IIILevel One: A teacher with a grievance will first discuss it with his/her Principal or immediate supervisor, Area Executive Officer either directly or Designee —Step 2 The decision through the Association's representative, with the object of resolving the matter informally, or file the grievance at Level Two. Except for class action grievances, the grievance must be presented in writing within thirty (30) calendar days from the date the grievant knows or should reasonably have known of the foregoing step may be appealed in writing by the grievant event given rise to the Step 2 administrator grievance. The grievance shall be answered within five (5) school days after a hearing. Class action grievances must be presented in writing within thirty (30) calendar days from the decision date that the Narragansett Teachers' Association President knows or should reasonably have known of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons event giving rise to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meetinggrievance.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. 1. Level One A grievance shall lodged with a principal or the appropriate administrator must be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen ten (1510) school working days after knowledge by the staff member grievant could reasonably be assumed to have known of the facts event or action giving rise to the act or condition which is the basis of his/her alleged grievance. Continuing grievances shall be recognized. The grievant and the immediate administrator grievance conference shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator occur within five (5) school days, but in no event should working days after the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievanceis filed. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting grievant shall be held and accompanied by the local Representative and/or any other OEA/NEA agent.
2. Level Two In the event a decision in writing rendered grievance has not been satisfactorily resolved at Level One, the Association may file, within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision working days of the foregoing step may be appealed in writing by Principal’s or of the grievant to appropriate administrator’s written decision at Level One, a copy of the Step 2 administrator within grievance with the Superintendent. Within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school working days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of written grievance is filed, the foregoing step may be appealed in writing by grievant, the grievant Association Representative and the Principal, Superintendent and/or his designee shall meet to attempt to resolve the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been receivedgrievance. The CEO Superintendent or his designated representative designee shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or file his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school working days after of the Level Two filing and communicate it has heard to the grievancegrievant and the Association.
3. Level Three If the aggrieved is not satisfied with the disposition at Level Two of the grievance procedure, or, if he/she/they may initiate Level Three of this procedure. The Association and the matter has been referred aggrieved may refer the grievance to an arbitrator by giving written notice to the Superintendent and/or the Board of its desire to do so. The parties shall file a Hearing Officer, joint request for a list of arbitrators from the Federal Mediation and Conciliation Service (FMCS) or Arbitration Mediation Services (AMS) within five (5) school working days after it has received of the responses appeal to arbitration. The cost of the Hearing Officer's findingslist or obtaining the panel shall be split by the parties. If no responses are received, The arbitrator shall be chosen from a list provided by the Board shall render its final decision Federal Mediation and Conciliation Service (FMCS) or Arbitration Mediation Services (AMS) within five thirty (530) school days after of the receipt of the Hearing Officer's findingsFMCS list of arbitrators. Either party may reject one (1) list by notifying the other party prior to striking names. The party requesting the new list shall be responsible for the cost. Selection and hearing shall be in accordance with the voluntary rules and regulations of the FMCS or AMS. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to each party present at the hearing. The decision of the arbitrator shall be binding on both the Board and the Association.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:
1. Immediate AdministratorLevel One (1) - Within twenty-Step 1 The one (21) days of the occurrence of the grievance, or within twenty-one (21) days of the time that the aggrieved party becomes aware of the occurrence of the grievance, or with reasonable diligence should have become aware of the occurrence of the grievance, the grievant shall present the appropriate administrator with the signed, written complaint on the appropriate form. An attempt to resolve the grievance through co-mediated discussion shall be made within fourteen days. The administrator must render a grievance orally to his immediate administrator decision within a reasonable time, but in no event longer than fifteen (15) school seven days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievanceco- mediated discussion.
2. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. Level Two (2) - If the grievance is not resolved at Step Level One (1), then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by on the grievant appropriate form to the Step 2 administrator within five (5) school days after the decision office of the Step 1 administrator Superintendent or his designated representative has been receiveddesignee within seven days of the receipt of the Level One (1) decision. The Step 2 administrator If the grievance is properly appealed, the Superintendent or his/her designated representative designee shall meet with the grievant aggrieved party, Association representative, and the parties of interest within five (5) school seven days of receipt of to discuss and attempt to resolve the appealgrievance. The aggrieved party will receive at least two decision reached in Level Two (2) school day's notice of the meeting and an opportunity to shall be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons issued in writing to the grievant aggrieved party if not represented by the Association and to the Step 1 administrator as soon as possible, but not Association no later than five fourteen (514) school days after such following the Level Two (2) meeting.
3. Area Executive Officer or Designee —Step 3 The Level Three (3) - If the grievance has not been resolved at Level Two (2), the decision of the foregoing step may be appealed in writing by the grievant to the CEO Board for consideration within five (5seven(7) school days after the decision of the Step 2 administrator receipt of the Level Two (2) decision or his/her designated representative within fourteen (14) days of the date of the meeting in the event no decision has been receivedrendered, by filing a written copy thereof with the Clerk of the Board and with the Superintendent or designee. The CEO Board or his designated representative a committee thereof shall meet with the grievant aggrieved party, Association representative, and the parties of interest at its next regular meeting. The disposition of the grievance shall be indicated in writing to the aggrieved and to the Association if not represented by the Association no later than the next regularly scheduled Board meeting following the meeting during which the grievance was originally considered by the Board or committee thereof.
4. Level Four (4)
a) If the grievance remains unresolved at the conclusion of Level Three (3), the grievance may be submitted to the Board by the Association for binding arbitration, provided written notice of the request for submission to arbitration is delivered to the Clerk of the Board and to the Superintendent or designee within five fourteen (514) school days of the date of receipt of the appeal. The grievant will receive decision at least two Level Three (23) school days' notice or within twenty-one (21) days of the date of the Level Three (3) meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at in the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written event no decision together with supporting reasons has been rendered.
b) If the parties cannot agree as to the grievant and to arbitrator within seven (7) days from the Step 1 administrator as soon as possibledate of notification that arbitration will be pursued, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance Personnel Appeals shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right called upon to submit a written response to the Board within five (5) school days after receipt list of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.seven
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. 5.1 A grievance shall by a member or group of members will be presented and adjusted handled in the following manner:
1. Immediate Administrator-: Step 1 One - The grievant shall present member or group of members, who wish to voice a grievance orally to his immediate administrator within a reasonable timegrievance, but in no event longer than fifteen (15) school days after knowledge by may address the staff member of the facts giving rise concern to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolutionNKAAA Executive Board. If the grievance is not resolved at board supports the concern, the member may proceed to Step 1, then the Two. Step Two - The grievant shall reduce may address the grievance to writing and submit the same to the Step 1 administrator within five (5) respective school days, but in no event should athletic coordinator or that person’s school designee. Upon learning of the grievance remain unresolved at Step 1 for twenty (20) the school days after knowledge of grievanceathletic coordinator, or designee, will set up a meeting within three days. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a After meeting with the grievant, and such meeting shall be held and the school athletic coordinator, or designee, will deliver a decision in writing rendered within five (5) school four days. In Should the event that athletic coordinator and/or designee not resolve the grievance to the satisfaction of the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant has three days to the proceed to Step 2 administrator within five Three. Step Three A - (5Procedure for Middle School Grievance) school days after the decision of the Step 1 administrator or his designated representative has been received. - The Step 2 administrator or his/her designated representative shall meet grievant may file a grievance with the grievant within five (5) school days District Athletic Director. Upon learning of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, orthe District Athletic Director will schedule a meeting within three days. After meeting with the grievant, if the matter has been referred to District Athletic Director will deliver a Hearing Officer, decision within five (5) school days after it has received four days. Should the responses District Athletic Director not resolve the grievance to the Hearing Officer's findings. If no responses are receivedsatisfaction of the grievant, the Board shall render its final grievant has three days to proceed to Step Four. Step Three B - (Procedure for High School Grievance) - The grievant may file a grievance with the school administrator or designee. Upon learning of the grievance, the school administrator or designee will schedule a meeting within three days. After meeting with the grievant, the school administrator or designee will deliver a decision within five (5) four days. Should the school days after receipt administrator or designee not resolve the grievance to the satisfaction of the Hearing Officer's findingsgrievant, the grievant has three days to proceed to Step Four. Step Four – The grievant may file a grievance with the District Athletic Director. Upon learning of the grievance, the District Athletic Director will schedule a meeting within three days. After meeting with grievant, the District Athletic Director will deliver a decision within four days. Should the District Athletic Director not resolve the grievance to the satisfaction of the grievant, the grievant has three days to proceed to Step Five.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:
Step 1. Immediate Administrator-Step 1 The grievant shall present Any employee who believes he/she has a grievance must submit the grievance orally to his immediate administrator supervisor within a reasonable time, but in no event longer than fifteen five (155) school days after the employee reasonably should have had knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and supervisor shall render his verbal decision within five (5) days after the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolutiongrievance is submitted.
Step 2. If the grievance is not resolved at settled in Step 1, then it shall be reduced to writing, state the grievant shall reduce facts upon which it is based and when they occurred, specify the grievance section of the Agreement which is alleged to writing have been violated, be signed by the grieving employee and submit the same an Association Representative, and be submitted to the Step 1 administrator immediate supervisor or his designee within fifteen (15) days after the employee reasonably should have had knowledge of the grievance. The supervisor shall make a written reply within five (5) school days, but in no event should days after receipt of the written grievance.
Step 3. If the grievance remain unresolved at is not settled in Step 1 2, the Association may submit a written request for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievantSuperintendent or his designee, and such meeting which request shall be held and a decision in writing rendered made within five (5) school days. In days after the event that the grievantAssociation's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision receipt of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator decision. The Superintendent or his designee and the Association representative, together with such additional representatives as either party may desire, shall meet and discuss the grievance within five (5) school days after the decision of the Step 1 administrator grievance is presented at this step. The Superintendent or his designated representative has been received. The Step 2 administrator or his/her designated representative designee shall meet with give a written answer to the grievant Association within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after the date of such meeting.
Step 4. If the grievance is not settled in Step 3. Area Executive Officer or Designee —Step 3 The decision of , the foregoing step Association may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such the Employer's Step 3 decision, appeal the grievance to the Board of Education. The Board of Education will meet to consider the grievance at the next regularly scheduled Board meeting and will give its written decision within ten (10) days of that meeting.
Step 5. If the grievance is not settled in Step 4. Board-Step 4 The decision of , the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing OfficerAssociation may, within ten (10) school days after the completion Employer's Step 4 decision, submit the grievance to binding arbitration in accordance with the American Arbitration Association's Voluntary Labor Arbitration Rules. The arbitrator shall have no authority to alter, add to, subtract from, or disregard the expressed terms of the hearing this Agreement or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit to substitute his/her findings judgment for that of fact, conclusions of law and recommendations the Employer or Association as to the Boardreasonableness of the provisions of this Agreement. The findings arbitrator shall have no power to rule on an issue excluded from the grievance procedure or arbitration by the terms hereof, to establish salaries or wage schedules different than those provided in this Agreement or to award damages other than back pay. The arbitrator shall also have no authority to interpret law or issue a ruling on a subject where there is a procedure available under law for seeking relief. The cost of the Hearing Officer arbitrator shall be distributed to both partiesborne by the losing party. Either party An arbitrator's award shall not be made retroactive beyond the date of the occurrence or nonoccurrence of the event upon which the grievance is based and the arbitrator shall have the right no power to submit issue a written response back pay award for a period to exceed ten (10) days prior to the Board within five (5) school days after receipt date the written grievance was filed. The decision of the findings. The Board arbitrator shall render its be final decision within five (5) school days after it has heard and binding subject to review in accordance with the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsapplicable standards for judicial review.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. 1. Filing a grievance: A grievance may be filed by the Association on its own behalf or on behalf of any Association Member. Grievances must be initiated at the lowest possible level. All time limits shall be determined by calendar days. The aggrieved person shall have the right to representation at all levels. Time limits may be altered if mutually agreed to by both parties.
2. If the Association or Association Member fails to meet the time limits specified in this Agreement, the grievance shall be presented and adjusted in deemed resolved according to the following manner:
1status quo. Immediate Administrator-Step 1 The grievant shall present a grievance orally If the party appealed to his immediate administrator for determination at Level I, II or III fails to respond within a reasonable the specified time, but the grievance shall be deemed moved to the next higher level. The aggrieved person shall first present his/her grievance claim to the Assistant Superintendent within thirty (30) days of its occurrence with objective of resolving the grievance informally through discussion. If the matter has first been presented to the Assistant Superintendent and is not resolved to the satisfaction of the grieving Association Member within fourteen (14) days of the discussion, the claim shall be presented in no event longer writing to the Superintendent within seven (7) days. The Superintendent shall within five (5) days of receipt of the grievance fix a time and place for a meeting with the aggrieved person. Said meeting shall take place not later than fifteen (15) school days after knowledge the receipt of the grievance. The Superintendent shall present a written determination of the grievance within ten (10) days of this meeting. In the event that the grievance is not resolved to the satisfaction of the grieving Association Member, he/she may request a review by the staff member Board. Said request for review shall be made within seven (7) days of receipt of the facts giving rise Superintendent's determination. The Board, or a committee thereof, shall take the necessary steps to provide an opportunity for the act or condition which is the basis of aggrieved person to present his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1Board will make known its decision, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator in writing, within five twenty-one (521) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appealgrievance. The aggrieved party will receive In the event the proceedings at least two (2) school day's notice the lower level fail to resolve the grievance, the grieving Association Member may submit the claim to arbitration under the Voluntary Labor Rules of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five American Arbitration Association within thirty (530) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appealBoard's decision. The grievant will receive at least two (2) school days' notice parties agree that the arbitrator's decision shall be binding upon them. Any and all cost involved in the use of the meeting and an opportunity to arbitrator shall be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to equally shared between the Board within five (5) school days after and the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsAssociation.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance A. Step One: An attempt shall be presented made to resolve any grievance in informal, verbal discussion between complainant and adjusted in the following manner:his or her immediate supervisor.
1. Immediate Administrator-B. Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. Two: If the grievance is cannot be resolved at Step 1informally, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement shall file the grievance in writing within 25 days of the occurrence of the event. The written grievance shall state the nature of the grievance, including shall note the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature specific clause or clauses of the aggrieved employee - Date submitted agreement allegedly violated and time The Step 1 administrator or his/her designee shall schedule a meeting with state the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school daysremedy requested. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school Within 15 days of receipt of the appealgrievance, the immediately involved supervisor will arrange for a meeting to take place with the grievant and, if desired, a local Association representative. The immediate supervisor who has authority to make a decision on the grievance shall make such decision and communicate it in writing to the employee and superintendent within 15 days after the Step Two meeting with the employee.
C. Step Three: In the event a grievance has not been satisfactorily resolved at Step Two, the aggrieved employee shall within 10 days of the immediate supervisor’s written decision or answer at Step Two, file a copy of the grievance with the superintendent. The aggrieved party will receive at least two (2) school day's notice employee may send a copy of such grievance to the Association president. Failure to file an appeal with 10 days shall be deemed a waiver of the meeting and an opportunity right to be heardappeal. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school Within 10 days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision written grievance is filed, the aggrieved, a representative of the foregoing step may be appealed in writing by aggrieved as desired, the grievant principal and the superintendent or his designee, shall meet to resolve the CEO grievance. The superintendent or his designee shall file an answer within five (5) school 10 days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the Three grievance meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons it in writing to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appelleeemployee, the Hearing Officer shall submit his/her findings of factimmediate supervisor, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsAssociation president.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted In cases where the immediate supervisor or administrator has no involvement in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts circumstances giving rise to the act grievance, the informal conference shall be held with the Superintendent or condition which designee. If not settled, the grievance shall follow Step Two as it applies.
1. Step One
a. Any member who has a grievance shall first try to resolve it with their immediate supervisor or administrator, or the person who has the power to grant the remedy.
b. If, as a result of the informal discussion in (a), the matter is not resolved to the basis satisfaction of his/her the grievant, the grievant shall set forth their grievance in writing to their administrator and/or their immediate supervisor within five contract (5) days after the informal discussion.
c. A formal conference shall be held within five contract (5) days after the administrator receives the written copy of the grievance. The grievant conference shall include the grievant, their representative, if they wish, the administrator and the immediate supervisor, or a person of the administrator choice. The administrator shall confer with render a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to decision in writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should contract days following the conference.
2. Step Two
a. If the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference has not been resolved to the applicable provisions of this Agreement and/or Board policygrievant’s satisfaction after receiving the written decision from the administrator, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision grievant may appeal in writing rendered to the Superintendent within five contract (5) school daysdays of receiving the written decision from the administrator.
b. The grievant may request non-binding mediation as an alternative to a Superintendent hearing. If the parties mutually agree to mediate, selection of a mediator will be made using the same process described in this article (Section F3) for selecting an arbitrator. The parties will schedule to meet with a mediator to attempt to resolve the grievance. In the event that the grievant's immediate administrator is a Director III or Area Executive Officerparties are unsuccessful in resolving the dispute within twenty contract (20) days, then he/she shall skip Step 2the grievant may appeal to Level E or F where applicable.
2. Director IIIc. If the parties do not mutually agree to mediate, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator Superintendent shall grant a hearing within five contract (5) school days after receiving the appeal, and they shall render a decision within five contract (5) days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meetinghearing.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. INFORMAL LEVEL - A grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a discuss the grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of with his/her grievance. The grievant and principal with the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolutionobjective of resolving the grievance informally. If the grievance issue is the result of a district level decision the dispute should be discussed directly with the appropriate personnel at that level. FORMAL LEVEL 1 - If the grievant is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting satisfied with the grievant, and such meeting shall be held and a informal disposition or in the event that no decision in writing is rendered within five (5) school days. In days after presentation of the event that the grievant's immediate administrator is a Director III or Area Executive Officerinformal claim, then he/she may then submit a written grievance to the building principal, and shall skip Step 2.
2file a copy with the Association. Director III, Area Executive Officer The building principal or Designee —Step 2 The decision of the foregoing step may be appealed in writing by designee shall submit to the grievant and the Association a written answer to the Step 2 administrator grievance within five (5) days of receipt. (In the event the cause of the grievance is an action that occurs at the school corporation level, then the teacher may skip the preceding levels and move directly to Formal Level 2.) FORMAL LEVEL 2 - If the grievant is not satisfied with the disposition of Formal Level 1, within five (5) days of receipt of the principal's answer or within ten (10) days of the submission of the grievance to the principal in the event the principal has failed to give a written answer, the grievant or the Association may submit the written grievance to the Superintendent, or designee and so notify the Association. Within ten (10) days after the decision receipt of the Step 1 administrator written grievance, the Superintendent or his designated representative has been received. The Step 2 administrator or his/her designated representative designee shall meet with the grievant and thereafter shall submit to the grievant and the Association a written answer to the grievance within five (5) school days. FORMAL ▇▇▇▇▇ ▇ - If the grievant is not satisfied with the disposition at Formal Level 2, within five (5) days of receipt of the appealSuperintendent's answer or within twenty (20) days of the grievant’s submission of the grievance to the Superintendent in the event the Superintendent has failed to give a written answer, submit the written grievance to the Secretary of the Board, and so notify the Association. The aggrieved party will receive at least At its next regularly scheduled meeting, the Board shall designate a committee to meet with the grievant for the purpose of resolving the grievance. This committee shall be comprised of three (3) Administrators appointed by the Board and three (3) members appointed by the Association and two (2) school day's notice members of the meeting and an opportunity to be heardBoard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party committee must submit a recommendation to the Board within five (5) school days after meeting with the decision of the CEO or his/her designated representative has been receivedgrievant. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within Within ten (10) school days after receiving the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are receivedcommittee’s recommendation, the Board shall render its final decision within five (5) school days after receipt of submit to the Hearing Officer's findingsgrievant and the Association a written answer to the grievance or decide to hear the grievance.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:
1. Level One - Immediate Administrator-Step 1 Supervisor The grievant shall present a first discuss the grievance orally to his with the immediate administrator within a reasonable time, but in no event longer than fifteen supervisor with the objective of resolving the grievance. Within thirty (1530) school days after knowledge by the staff member date of the facts occurrence of the act or omission giving rise to the grievance, the grievant shall formally present his or her grievance in writing to his or her immediate supervisor. The written grievance shall include a clear, concise statement of the grievance, the circumstances involved, a listing of the provisions of the Agreement which are alleged to have been violated, and a statement of the action(s) requested of the District to resolve the grievance. Within ten (10) days after receipt of the written grievance, the immediate supervisor shall meet with the grievant, and the grievant’s representative if so desired. Within five (5) days thereafter, a written decision shall be given to the grievant. Level Two - Superintendent If the grievant is not satisfied with the decision at Level One, he or she may, within five (5) days, appeal the decision in writing to the Superintendent or his or her designee. The written grievance shall include a clear, concise statement of the grievance and the circumstances involved, a listing of the provisions of the Agreement which are alleged to have been violated, and a statement of the action(s) requested of the District to resolve the grievance. Within ten (10) days after receipt of the written grievance, the Superintendent or designee shall meet with the grievant and the grievant's representative. Within five (5) days thereafter, a written decision shall be given to the grievant. When the Association is considered to be the grievant, as defined in Section 1, Level Two shall be the initial step in the procedure. The Association shall formally present its grievance in writing to the Superintendent within thirty (30) days of the date of the occurrence of the act or condition which is omission giving rise to the basis of his/her grievance. The grievant written grievance shall include a clear, concise statement of the grievance and the immediate administrator circumstances involved, a listing of the provisions of the Agreement which are alleged to have been violated, and a statement of the action(s) requested of the District to resolve the grievance. The remaining time limits shall confer with a view to arriving be the same as for all other grievances filed at a mutually satisfactory resolutionLevel Two. Level Three - Arbitration If the grievance is not resolved at Step 1Level Two, then the grievant shall reduce the grievance to writing and submit the same may present a request for arbitration, in writing, to the Step 1 administrator Superintendent, within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal date the decision was rendered at Level Two. As soon as practicable thereafter, or as otherwise agreed to by the Boardparties, an arbitrator shall hear the grievance. Alternatively, PSASA may elect at The parties shall either sign a joint issue submission statement or execute and sign separate alternate issue statements after discussion of the time issue(s). The fees and expenses of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, arbitrator shall in accordance with procedures (if any) established all cases be shared equally by the Board for such a reviewDistrict and the Association. In all matters referred to a Hearing Officer, within ten (10) school days after Arbitration hearings shall be in private. The arbitrator shall be selected by the completion mutual agreement of the hearing or receipt parties. If the parties cannot agree upon an arbitrator, a list of documents submitted seven (7) names shall be requested from the American Arbitration Association (AAA), and selection shall proceed by ▇▇▇▇▇▇▇▇▇ and AppelleeAAA rules. Should this process fail to yield a selection, the Hearing Officer parties shall submit his/her findings request a second list of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.seven
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:
Step 1. Immediate Administrator-Step 1 The grievant shall present An employee and his union representative having a grievance orally to must meet with his immediate administrator within supervisor for a reasonable timesimple direct decision, but in no event longer than fifteen (15) school days after knowledge by if possible. If “Step 1” does not resolve the staff member of grievance, the facts giving rise immediate supervisor will issue his written answer to the act or condition which is grievance within seven (7) City business days. Nothing in this agreement prohibits the basis of his/her grievance. The grievant and the immediate administrator shall confer with Union from filing a view to arriving at grievance on a mutually satisfactory resolutionmember’s behalf.
Step 2. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance desires to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of further process the grievance, including the relevant date - A reference it shall be referred in writing to the applicable provisions Fire Chief, or his designee, within seven (7) City business days of this Agreement and/or Board policy, if any - The corrective action requested - Signature receipt of the aggrieved employee - Date submitted and time “Step 1” response. The Step 1 administrator or his/her designee shall schedule a meeting with the grievantFire Chief, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative designee, shall meet with the grievant and his union representative within five seven (57) school City business days of receipt of the appealreferral. The aggrieved party will receive at least two Fire Chief, or his designee, shall issue his written answer to the grievance within ten (210) school day's notice City business days of receipt of the meeting and an opportunity grievance referral.
Step 3. If the grievant desires to further process the grievance, the grievance may be heardreferred in writing to the City Manager, or his designee, within seven (7) City business days of the receipt of the “Step 2” response. The Step 1 administratorCity Manager, or his/her designated representativehis designee, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant and/or his representatives within five seven (57) school City business days of receipt of the appealreferral. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO City Manager, or his designated representative designee, shall communicate his/her issue a written decision together with supporting reasons answer to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school City business days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findingsgrievance referral. If no responses are receivedthe Fire Chief, or the City Manager, appoints a designee under this Section, the Board designee shall render its final decision within five (5) school days after receipt of not be the Hearing Officer's findingssame supervisor who issued the prior written answer at the previous step, provided, however, that the informal meeting provided for in Section 5.2 does not prohibit any supervisor from participating in the later grievance procedure steps.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance A. STEP ONE Within twenty (20) school days of the time that the grievant knew, or reasonably should have known, of the grievance, the grievant shall be presented and adjusted in present the following manner:grievance, either personally or accompanied by the local Area 30 Certified Employee Organization representative, to the Director orally. Within three (3) working days after the oral presentation of the grievance, the Director shall orally answer the grievant.
B. STEP TWO
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen Within three (153) school days after knowledge of the oral answer, if the grievance is not resolved, it shall be stated in writing, signed by the staff member of grievant and submitted to the Director on the form provided in Appendix A.
2. The grievance shall (1) name the employee involved, (2) state the facts giving rise to the act grievance, (3) identify the specific provisions of the Agreement alleged to be violated, (4) state the contention of the grievant with respect to the grievance and, (5) indicate the specific relief requested.
3. Within Five (5) school days after receiving the written grievance, the Director shall communicate his answer in writing to the grievant.
4. If, in the judgment of the Area 30 Employee Organization, a grievance affects a group or condition which is class of teachers, the basis of his/her grievance. The grievant Area 30 Certified Employee Organization may submit such grievance in writing to the Director or his designee directly and the immediate administrator processing of such grievance shall confer with a view to arriving be commenced at a mutually satisfactory resolutionstep two of the formal grievance procedure.
C. STEP THREE
1. If the grievance is not resolved at in Step 1Two, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school daysmay, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school dayDirector's notice answer, appeal to the Board by filing the grievance and the Director's answer, along with any written response of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons grievant to the answer of the Director, with the Office of the Director, which shall issue a receipt thereof.
2. Within ten (10) working days, after the grievant and to has filed his written grievance with the Office of the Director as specified in Step Three, Item 1 administrator as soon as possibleabove, but not later than five (5) school days after such the Board shall hold a hearing on the Grievance at a regular or special meeting.
3. Area Executive Officer The Board may not consider any material or Designee —allegation that was not presented in Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been receivedTwo.
4. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than Within ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision hearing of the CEO or his/her designated representative has been received. The Board may hear with the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are receivedgrievant, the Board or its designated representative shall render give the grievant its final decision within five (5) school days after receipt of the Hearing Officer's findingsin writing.
Appears in 3 contracts
Sources: Tentative Agreement, Master Contract, Tentative Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant Level One – INFORMAL THEN WRITTEN A teacher shall present a first discuss the alleged grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge with the principal personally or accompanied by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolutionteacher’s Association Representative. If the grievance is not resolved at Step 1resolved, then the teacher may invoke the formal grievance procedure through the Association on the proper form, furnished by the Board, within thirty (30) calendar days. Extensions of the time to file will be freely granted upon the first request. The grievant shall reduce deliver one (1) copy of the grievance to writing the principal and submit the same a second copy to the Step 1 administrator within five Association President. Within one (51) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge calendar week of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position receipt of the aggrieved employee - A statement written grievance, the principal shall meet with a designated representative of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - Association. The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or principal shall indicate his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision disposition in writing rendered within five one (51) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2calendar week of such meeting.
2. Director IIILevel Two - SUPERINTENDENT If the Association is not satisfied with the disposition, Area Executive Officer or Designee —Step 2 The decision of if no disposition has been made within two (2) calendar weeks, from the foregoing step may be appealed in writing by date the grievant to the Step 2 administrator within five written grievance was filed or thirty (530) school days after the decision alleged violation, whichever is later, the grievance shall be transmitted to the Superintendent. If the grievance is not forwarded to the Superintendent within thirty (30) calendar days after the teacher or Association knew or should have known of the Step 1 administrator act or his designated representative has been receivedcondition on which the grievance is based, then the grievance shall be considered as waived. The Step 2 administrator Within one (1) calendar week from receipt, the Superintendent or his/her designated representative designee shall meet with the grievant within five Association to hear the grievance. If school is not in session, the time lines will automatically be extended to either two (5s) calendar weeks or, at either party’s choice, extended until school days of receipt of are back in session. During the appealSchool year, disposition to the Association in writing will be within one (1) calendar week following the meeting. The aggrieved party will receive at least If the Association is not satisfied with the Superintendent’s or Designee’s answer, or no answer is received within two (2) school day's notice calendar weeks from the date of filing with the meeting and an opportunity to be heard. The Step 1 administratorSuperintendent/Designee, or his/her designated representative, the grievance may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons submitted to the grievant and to the Step 1 administrator as soon as possible, but not later than five next level within two (52) school days after such meetingadditional calendar weeks.
3. Area Executive Officer Level Three - MERC MEDIATION If either party requests, the services of MERC mediator will be sought and used in an attempt to resolve the grievance short of arbitration. If the MERC mediator cannot meet within 3 weeks, the moving party may insist that MERC mediation step is skipped and file for arbitration. Level 4 timelines begin after Mediation is concluded or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meetingskipped.
4. Board-Step 4 Level Four – ARBITRATION If the Association elects to submit the grievance to arbitration, it shall notify the Superintendent in writing within three (3) calendar weeks following the disposition at Level Two or Level Three, if applicable.
a. An Arbitrator shall be selected by the American Arbitration Association in accord with its rules, which shall likewise govern the arbitration proceeding.
b. The decision Arbitrator so selected shall confer with representatives of the foregoing step may Board and Association; shall hold hearings promptly; and shall issue a decision not later than Thirty (30) calendar days from the date of the close of the hearings or, if oral hearings have been waived, then from the date the final statements and proofs are submitted to the Arbitrator. The Arbitrator’s decision shall be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance and shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her set forth findings of fact, reasoning, and conclusions on the issues submitted. The Arbitrator shall be without power and authority to make any decision which requires the commission of an act prohibited by law and recommendations or which violates the terms of this Agreement.
c. The parties shall usually not be permitted to assert in such arbitration proceeding any ground, or to rely on any evidence, not previously disclosed to the Boardother party. If however, such ground or evidence is asserted or relied upon, the other party may elect to postpone the hearing in order to have time to investigate and submit a rebuttal to that new evidence or ground.
d. The findings Arbitrator shall have no power to alter, add, to or subtract from the terms of this Agreement.
e. Both parties agree to be bound by the Arbitrator’s award and agree that judgment thereon may be entered in any court of competent jurisdiction for the enforcement of the Hearing Officer Arbitrator’s award.
f. The fees and expenses of the Arbitrator shall be distributed to both shared equally by the parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance The number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. All grievances, support of grievances, answers, and decisions shall be presented in writing beginning with Level II, and adjusted must be submitted on the Grievance Form. The Grievance Report Form shall be available in the following mannerplaces: Superintendent’s office, High School Principal's office, Elementary Principal's office, Community Ed office, Local Association President’s office and Middle School Office. All grievances must follow the steps described in this agreement starting with level one (I) and ending with level (V), with the exception of class or group grievances which have their own procedures (see Section C on Class or Group Grievances). In the event that there is a failure to appeal a decision at any level within the specified time lines, said failure shall be deemed an acceptance of the decision at that level and further proceeding of the case shall be prohibited. The teacher has at his/her disposal three (3) procedures for handling his/her grievance: 1) he/she may proceed to process the grievance by himself/herself, 2) with the Association agent, 3) he/she may elect to have the Association agent confer for him/her.
a. Level One - Oral - Immediate Supervisor: The aggrieved believing that there has been a violation shall within ten (10) school days of the alleged occurrence of the grievance, orally discuss the grievance with the Building Principal and the representative of the Local Association in an attempt to resolve the matter. If no resolution is obtained following the discussion, the grievance will continue in accordance with Level Two, on the Grievance form as shown in the Appendix. An oral grievance must contain the following:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member A synopsis of the facts giving rise to the act alleged violation.
2. Specific sections or condition which is subsections of the basis of his/her grievancecontract alleged to have been violated.
3. The grievant and Specific relief requested.
b. Level Two - Written - Immediate Supervisor: Any written grievance filed by the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator aggrieved must be received within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply from the standard grievance form which shall contain the following information: - Name alleged violation and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five no later than ten (510) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been receivedLevel I meeting. The Step 2 Board hereby designates for its representatives for such purposes, the Principal in each school building and the program administrator or his/her designated representative shall meet with the grievant within for programs not having a principal. Within five (5) school days of the receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administratorgrievance, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated and/or local association representative shall meet with the grievant within five (5) school days of receipt building principal or program administrator in an effort to resolve the grievance. The written grievance must include:
1. The signature of the appealAssociation President or Grievance Chair.
2. The grievant will receive at least two (2) school days' notice A synopsis of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons facts giving rise to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meetingalleged violation.
43. Board-Step 4 The decision Specific sections or subsections of the foregoing step may be appealed in writing by the aggrieved party contract alleged to the Board within five (5) school days after the decision of the CEO or his/her designated representative has have been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsviolated.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:
1. Immediate AdministratorLevel One (1) - Within twenty-Step 1 The one (21) days of the occurrence of the grievance, or within twenty-one (21) days of the time that the aggrieved party becomes aware of the occurrence of the grievance, or with reasonable diligence should have become aware of the occurrence of the grievance, the grievant shall present the appropriate administrator with the signed, written complaint on the appropriate form. An attempt to resolve the grievance through co-mediated discussion shall be made within fourteen days. The administrator must render a grievance orally to his immediate administrator decision within a reasonable time, but in no event longer than fifteen (15) school seven days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievanceco-mediated discussion.
2. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. Level Two (2) - If the grievance is not resolved at Step Level One (1), then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by on the grievant appropriate form to the Step 2 administrator within five (5) school days after the decision office of the Step 1 administrator Superintendent or his designated representative has been receiveddesignee within seven days of the receipt of the Level One (1) decision. The Step 2 administrator If the grievance is properly appealed, the Superintendent or his/her designated representative designee shall meet with the grievant aggrieved party, Association representative, and the parties of interest within five (5) school seven days of receipt of to discuss and attempt to resolve the appealgrievance. The aggrieved party will receive at least two decision reached in Level Two (2) school day's notice of the meeting and an opportunity to shall be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons issued in writing to the grievant aggrieved party if not represented by the Association and to the Step 1 administrator as soon as possible, but not Association no later than five fourteen (514) school days after such following the Level Two (2) meeting.
3. Area Executive Officer or Designee —Step 3 The Level Three (3) - If the grievance has not been resolved at Level Two (2), the decision of the foregoing step may be appealed in writing by the grievant to the CEO Board for consideration within five (5seven(7) school days after the decision of the Step 2 administrator receipt of the Level Two (2) decision or his/her designated representative within fourteen (14) days of the date of the meeting in the event no decision has been receivedrendered, by filing a written copy thereof with the Clerk of the Board and with the Superintendent or designee. The CEO Board or his designated representative a committee thereof shall meet with the grievant aggrieved party, Association representative, and the parties of interest at its next regular meeting. The disposition of the grievance shall be indicated in writing to the aggrieved and to the Association if not represented by the Association no later than the next regularly scheduled Board meeting following the meeting during which the grievance was originally considered by the Board or committee thereof.
4. Level Four (4)-
a) If the grievance remains unresolved at the conclusion of Level Three (3), the grievance may be submitted to the Board by the Association for binding arbitration, provided written notice of the request for submission to arbitration is delivered to the Clerk of the Board and to the Superintendent or designee within five fourteen (514) school days of the date of receipt of the appealdecision at Level Three (3) or within twenty-one (21) days of the date of the Level Three (3) meeting in the event no decision has been rendered.
b) If the parties cannot agree as to the arbitrator within seven (7) days from the date of notification that arbitration will be pursued, the Board of Personnel Appeals shall be called upon to submit a list of seven (7) names of arbitrators. Within seven (7) days of the receipt of the list, the parties shall select an arbitrator by striking names from the list in alternate order, and the name thus remaining shall be forwarded to the Board of Personnel Appeals. The grievant will receive at least two (2) school days' notice Board of Personnel Appeals shall notify the meeting and an opportunity to be heard. The Step 3 administrator or arbitrator of his/her designated representative may be present at the meeting and state his/her viewsselection. The CEO or his designated representative date of the arbitration hearing shall communicate his/her written decision together be arranged by the arbitrator in consultation with supporting reasons the Board and the Association. Within thirty (30) days of the date the hearing is closed, the arbitrator shall make an award unless other time limits are required of the arbitrator.
c) Rules of procedure to govern the hearing shall be fixed by the arbitrator, and the award, when signed by the arbitrator and submitted to the grievant Association and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5the prescribed time limits, shall be final and binding and shall be subject to rulings in a court of competent jurisdiction.
d) school days after The arbitrator shall have no power to add to, subtract from, or alter or vary in any way the decision express terms of this Agreement, nor imply any restriction or burden against either party that has not been assumed in this Agreement. The arbitrator shall have no authority to rule on a non-germane issue of law.
e) The fees and expenses of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance arbitrator shall be heard fifteen (15) school days after shared jointly and equally between the receipt Board and the Association. Neither party shall be required to pay any part of the appeal by cost of a stenographic record without its consent, provided that failure of a party to share the Board. Alternatively, PSASA may elect at the time cost of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such record shall be deemed a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion waiver of the hearing or receipt party's right of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations access to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsrecord.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance Class or group grievances will follow the steps and time lines specific to them, beginning at the Superintendent level. In the event that there is a failure to appeal a decision at any level within the specified time lines, said failure shall be presented deemed an acceptance of the decision at that level and adjusted further proceeding of the case shall be prohibited.
a. Level One - Oral - Superintendent The Association President or Grievance Chair must meet with the Superintendent or designee within five (5) days of the perceived contract violation in an effort to resolve the following mannerproblem. The oral discussion must include:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member A synopsis of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2alleged violation.
2. Director III, Area Executive Officer Specific sections or Designee —Step 2 The decision subsections of the foregoing step may be appealed in writing by the grievant contract alleged to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has have been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meetingviolated.
3. Area Executive Officer or Designee —Step 3 The decision of Specific relief requested. If no resolution is obtained following the foregoing step may be appealed in writing by discussion, the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant grievance will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, continue in accordance with procedures (if any) established Level II on the grievance form shown in the appendix.
b. Level Two - Written - Superintendent Any written grievance filed by the Board for such a review. In all matters referred to a Hearing Officer, Association must be received by the Superintendent within ten (10) school days after from the completion alleged violation. The written grievance must include:
1. The signature of the hearing Association President or Grievance Chair.
2. A synopsis of the facts giving rise to the alleged violation.
3. Specific sections or subsections of the contract alleged to have been violated.
4. Specific relief requested. The Superintendent shall respond to the Association within ten (10) days of the receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appelleethe written grievance form. If the response at this level is not satisfactory, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations Association may request the grievance move to the Board. next level.
c. Level Three - Board The findings of Superintendent must receive the Hearing Officer shall be distributed request to both parties. Either party shall have the right move to submit a written response to the Board Level III within five (5) school days after receipt of the findingsdate of the Level II response. The Board shall render its final decision within Association request to move to Level III must be received at least five (5) school days after prior to the next regular Board meeting in order to be considered at that meeting. When the Board considers the grievance it has heard may:
1. Hold a hearing, or
2. Designate one or more members to hold a hearing, or
3. Otherwise investigate the grievance or prescribe such procedure as it may deem appropriate for consideration of the grievance, or, if the matter has been referred to a Hearing Officer, . Final Board level response must be within five ten (510) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, of the Board shall render its final decision within five (5) school days after receipt of meeting in which the Hearing Officer's findingsgrievance was heard unless an extension is mutually agreed upon.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Procedure. A EASMC and the Board shall bear its own expenses in these arbitration proceedings, except that they shall share equally the fee and other expenses of the arbitrator in connection with the grievance shall be presented and adjusted in the following manner:submitted to them.
1. Immediate Administrator-a. Step 1 - The parties acknowledge that it is most desirable for an employee and the administrator who made the decision on the issue being grieved to resolve any problem relating to the terms of the Agreement through free and informal communications. However, if such informal processes fail to satisfy the employee, the problem may be further processed as a grievance provided that the grievance is submitted in writing within 20 days of the alleged grievance.
b. Step 2 - The grievant shall present must submit the grievance in writing to the administrator who made the decision on the issue being grieved. The administrator will arrange for a grievance orally meeting to his immediate administrator take place within a reasonable time, but in no event longer than fifteen (15) school four days after knowledge by the staff member receipt of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer be present for the meeting. EASMC and/or the Board’s representative may be present at this step and any step thereafter. The administrator shall provide the grievant with a view to arriving at a mutually satisfactory resolution. written answer on the grievance within four days after the meeting.
c. Step 3 - If the grievance grievant is not resolved satisfied with the decision rendered by the administrator at Step 12, then the grievant shall reduce the grievance to writing and submit the same they may appeal to the Step 1 administrator Superintendent within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school six days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement receipt of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature decision of the aggrieved employee - Date submitted and time administrator. The Step 1 administrator or his/her designee Superintendent shall schedule arrange for a meeting with the grievant, and such meeting shall be held and a decision in writing rendered grievant to take place within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of their receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either Each party shall have the right to submit include in its representation such witnesses and counselors as it deems necessary to develop facts pertinent to the grievance. Upon conclusion of the hearing, the Superintendent will have ten days in which to provide their written decision to the grievant.
d. Step 4 - If the grievant is not satisfied with the decision of the Superintendent in Step 3, or if the Superintendent fails to render a written response decision within the prescribed time, the grievance may within 15 days be submitted to arbitration by EASMC under the Voluntary Labor Rules of the American Arbitration Association. The arbitrator shall have no authority to add to, alter, amend or modify any provision of this Agreement or to make any award which will in any way deprive the Board of any of the powers delegated to the Board within five (5) school days after receipt by law. The award, in writing, of the findings. The Board arbitrator, except as noted in the above statement, shall render its be final decision within five (5) school days after it has heard and binding on the grievance, or, if aggrieved and the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsBoard.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present Level One - Within five days from the date of awareness of a grievance orally to his immediate administrator within a reasonable timeproblem, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce seek to resolve the matter informally with the building administrator. Said building administrator shall respond within five days.
2. Level Two - If the grievant is not satisfied with the decision in Level One, or if no decision has been rendered within the timeline, the grievant may file a written grievance to writing and submit with the same to the Step 1 building administrator within five (5) school days, but . The form to be used in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge Appendix of grievance. PSASA this master contract and a copy shall supply be provided to the standard grievance form which shall contain the following information: - Name and position President of the aggrieved employee - A statement Association at the same time. Within five days from the receipt of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 building administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt and the President of the appealAssociation to discuss the issue(s) involved. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her A written decision together with supporting reasons will be rendered to the grievant and to the Step 1 administrator as soon as possible, but not later than President of the Association within five (5) school days after such of said meeting.
3. Area Executive Officer Level Three - If the grievant is not satisfied with the decision in Level Two, or Designee —Step 3 if no decision has been rendered within the timeline, the grievant may appeal in writing to the Superintendent within five days. The decision form to be used in the Appendix of this master contract and a copy shall be provided to the President of the foregoing step may be appealed in writing by Association at the grievant to same time. Within five days from the CEO within five (5) school days after the decision receipt of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative appeal, the Superintendent shall meet with the grievant within five (5) school days of receipt and the President of the appealAssociation to discuss the issue(s) involved. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her A written decision together with supporting reasons will be rendered to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school President of the Association within 10 days after such of said meeting.
4. Board-Step 4 The Level Four - If the grievant is not satisfied with the decision of in Level Three, or if no decision has been rendered within the foregoing step timeline, the grievant may be appealed appeal in writing by to the aggrieved party to Clerk of the Board within five (5) school days after 10 days. The form to be used in the decision Appendix of this master contract and a copy shall be provided to the President of the CEO or his/her designated representative has been receivedAssociation at the same time. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school Within 15 days after from the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are receivedappeal, the Board shall render its final decision within five (5) school days after receipt schedule a Grievance Hearing with the grievant. Written notification of the Hearing Officer's findingshearing will be provided to the President of the Association. A written decision will be rendered to the grievant and the President of the Association within 10 days of said meeting.
Appears in 3 contracts
Sources: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
Procedure. 1. Level One A grievance shall lodged with a principal or the appropriate administrator must be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen ten (1510) school working days after knowledge by the staff member grievant could reasonably be assumed to have known of the facts event or action giving rise to the act or condition which is the basis of his/her alleged grievance. Continuing grievances shall be recognized. The grievant and the immediate administrator grievance conference shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator occur within five (5) school days, but in no event should working days after the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievanceis filed. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting grievant shall be held and accompanied by the local Representative and/or any other OEA/NEA agent.
2. Level Two In the event a decision in writing rendered grievance has not been satisfactorily resolved at Level One, the Association may file, within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision working days of the foregoing step may be appealed in writing by Principal’s or of the grievant to appropriate administrator’s written decision at Level One, a copy of the Step 2 administrator within grievance with the Superintendent. Within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school working days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of written grievance is filed, the foregoing step may be appealed in writing by grievant, the grievant Association Representative and the Principal, Superintendent and/or his designee shall meet to attempt to resolve the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been receivedgrievance. The CEO Superintendent or his designated representative designee shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or file his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school working days after of the Level Two filing and communicate it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findingsgrievant and the Association.
3. Level Three If no responses are receivedthe aggrieved is not satisfied with the disposition at Level Two of the grievance procedure, he/she/they may initiate Level Three of this procedure. The Association and the aggrieved may refer the grievance to an arbitrator by giving written notice to the Superintendent and/or the Board of its desire to do so. The parties shall render its final decision file a joint request for a list of arbitrators from the Federal Mediation and Conciliation Service (FMCS) or Arbitration Mediation Services (AMS) within five fifteen (515) school working days after of the appeal to arbitration. The cost of the list or obtaining the panel shall be paid by the losing party. The arbitrator shall be chosen from a list provided by the Federal Mediation and Conciliation Service (FMCS) or Arbitration Mediation Services (AMS) within thirty (30) days of the receipt of the Hearing Officer's findingsFMCS list of arbitrators. Either party may reject one (1) list by notifying the other party prior to striking names. The party requesting the new list shall be responsible for the cost. Selection and hearing shall be in accordance with the voluntary rules and regulations of the FMCS or AMS. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to each party present at the hearing. The decision of the arbitrator shall be binding on both the Board and the Association.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:Informal Step 1
1. Immediate Administrator-If the complaint is not resolved in the informal Step 1 The grievant of this procedure, the administrator shall present submit to the Assistant Superintendent of Human Services, within fourteen (14) days following the grievable occurrence, a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member statement of the facts and all relevant materials giving rise to the act or condition which is the basis of his/her grievance. The grievant Within fourteen (14) days of receipt of the alleged grievance, the Superintendent, Assistant Superintendent of Human Services, the administrator whom the grievance is being filed against, the aggrieved and an Association Representative shall meet to discuss the immediate administrator grievance. Within ten (10) days of this meeting, the Superintendent shall confer with a view respond in writing to arriving at a mutually satisfactory resolutionthe Grievant.
2. If the grievance is not resolved at Step 12 (a), then the grievant shall reduce may choose to take the grievance to writing and submit Step 3 of this procedure or request through the same association that a mediator be assigned by the Michigan Employment Relations Commission to hear the grievance.
3. If the grievant chooses to go to mediation, the grievance procedure ends at this Step 2, except for cases of dismissal or suspension, which may go to Step 4.
1. If the Superintendent receives no further correspondence within fourteen (14) days after the Step 1 administrator within five (5) school days2 written response, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply will be considered resolved on the standard grievance form which shall contain the following information: - Name and position basis of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 22 response.
2. Director IIIIf the grievance remains unresolved at the conclusion of Step 2, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed Grievant shall notify the Superintendent in writing by the grievant to within fourteen (14) days following the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been receivedwritten response. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer Superintendent shall submit his/her findings of fact, conclusions of law and recommendations the grievance to the Board’s Personnel Committee for review at its next regularly scheduled meeting. The findings Board’s Personnel Committee shall make a recommendation for resolution of the Hearing Officer grievance within fourteen (14) days of its meeting to review the grievance. A copy shall be distributed to both parties. Either party shall have the right to submit a written response provided to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsGrievant.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A Any party to the grievance at their own expense may retain and have present counsel at any or all steps. Grievance shall be processed in accordance with the following procedure.
a. Level One
i. An ▇▇▇▇▇▇▇ effort shall be made to settle the matter informally be tween the teacher and the appropriate principal.
ii. If the matter is not resolved, the grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge writing by the staff member of the facts giving rise teacher to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator principal within five (5) school days, but in no event should days after the facts become known. The principal shall give a written answer within ten (10) school days of the time the grievance remain unresolved was presented to him in writing.
b. Level Two -If not satisfied with the disposition of the grievance at Step 1 for twenty Level One, or if no decision has been rendered within ten (2010) school days after knowledge presentation of t he written grievance. PSASA shall supply , the standard grievant may file the grievance form which shall contain in writing with the following information: - Name and position chairman of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievantAssociation's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator Welfare Sub -Committee within five (5) school days after the decision of the Step 1 administrator at Level One or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five fifteen (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (515) school days after such meetingthe grievance was presented whic hever is sooner.
3. Area Executive Officer or Designee —Step 3 c. Level Three
i. The decision Chairman of the foregoing step may be appealed in writing by the grievant to the CEO Association's Welfare Sub -Committee shall within five (5) school days after receiving the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons grievance refer it to the grievant and to the Step 1 administrator as soon as possible, but no later than Superintendent.
ii. Within ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal written grievance by the BoardSuperintendent, the Superintendent shall meet with the grievant with or without the Association's Welfare Sub - Committee in an effort to resolve the grievance. Alternatively, PSASA may elect at The Superintendent sha ll render a decision in writing with the time Chairman of filing an appeal at Step 4 to proceed through the submission of documents Association's Welfare Sub -Committee and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, grievant within ten (10) school days after the completion first meeting.
d. Level Four
i. If not satisfied with the Superintendent's disposition of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appelleegrievance, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board grievant m ay within five (5) school days after receipt of the findingsSuperintendent's disposition, request in writing with the Chairman of the Association's Welfare Sub -Committee that the grievance be referred to the Board.
ii. Within five (5) days after receiving the grievant’s request, the Chairman of the Association's Welfare Sub -Committee shall refer it to the Board. Within ten (10) school days after receiving the written grievance, the Board shall meet with the grievant with or without the Association's Welfare Su b-Committee for the purpose of resolving the grievance. The Board shall render its final a decision in writing with the Chairman of the Welfare Sub -Committee and the grievant within five twenty (520) school days after it has heard first meeting.
e. Level Five -In order to process a gr ievance to arbitration, the grievance, or, if following must be complied with:
i. Written notice of a request for arbitration shall be given to the matter has been referred to a Hearing Officer, Board within five ten (510) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after of receipt of the Hearing OfficerBoard's findingswritten disposition of the grievance.
ii. The matter must have been proce ssed through the grievance procedure within the prescribed time limits.
iii. The issue must involve the interpretation or application of a specific provision of the agreement.
iv. Grievances involving the same act or same issue may be consolidated in one proceeding provided the grievances have been processed through the grievance procedure by the time the parties meet to select an impartial third party.
v. When a request has been made for arbitration, a three -member Arbitration Board shall be established in the followi ng manner:
vi. The employer and the grievant shall each appoint a member to the Arbitration B oard and shall notify the other of the name of its appointee within five days of the receipt of the written appeal. These appointees shall meet in an attempt to sele ct an impartial third party to act as Chairman of the Arbitration Board.
vii. The arbitration board shall meet with both parties, hear evidence and give an opinion within
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Procedure. A The parties hereto acknowledge that it is usually most desirable for an employee and the immediately involved supervisor to resolve problems through free and informal communications. If, however, such informal processes fail to satisfy the employee, a formal grievance shall must be presented and adjusted in the following mannerprocessed as follows:
1. Immediate Administrator-Step 1 A. The grievant shall present a the grievance orally in writing to his or her immediate administrator supervisor within a reasonable time, but in no event longer than fifteen fourteen (1514) school days after knowledge by the staff member of the facts occurrence of the event, giving rise to the act or condition which is the basis of his/her grievance. The grievant and supervisor shall provide a written answer to the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. grievance within ten (10) days of the receipt of the grievance.
Step B. If the grievance is not resolved at Step 1A, then the grievant shall reduce may refer the grievance to writing and submit the same to the Step 1 administrator Superintendent or official designee within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the BoardStep A. answer. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 The Superintendent shall arrange for a meeting to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, take place within ten (10) school days of his receipt of the appeal. Within ten (10) days of the meeting, the grievant shall be provided with the Superintendent’s written response.
Step C. If the grievance is not resolved at Step B, the grievant may refer the grievance to the Board of Education within ten (10) days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findingsStep B answer. The Board shall render its final decision within five (5) school days after it has heard arrange to hear the grievance, or, if grievance at the matter has been referred to a Hearing Officer, within five (5) school days after it has received regularly scheduled meeting next following submission of the responses grievance to the Hearing Officer's findingsBoard level. A special meeting may be called if mutually agreed upon by both parties. Within ten (10) days of the meeting, the grievant shall be provided with the Board’s written response.
Step D. If the Union and grievant are not satisfied with the disposition of the grievance at Step C or the time limits expire without the issuance of the Superintendent’s written reply, the grievant may submit the grievance to final and binding arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association, which shall act as the administrator of the proceedings. If a demand for arbitration is not filed within thirty (30) days of the date for the Step C answer, then the grievance shall be deemed withdrawn.
A. The arbitrator may interpret this agreement and apply it to the particular case submitted to him; but he shall, however, have no responses are receivedauthority to add to, subtract from, or in any way modify the terms of this agreement; nor shall he have any authority to limit or change any policies, practices or rules, except as they involve an application of this agreement; nor shall he have any authority to formulate or add any policies, practices or rules, except as they involve an application of this agreement; nor shall he have any authority to formulate or add any new policies or rules; nor substitute his discretion for the Board’s discretion in cases where the Board is given discretion by this Agreement.
B. Each party shall bear the full costs for its representation in the grievance procedure.
C. If either party requests a transcript of the proceedings, that party shall bear full costs for that transcript. If both parties order a transcript, the Board shall render its final decision within five (5) school days after receipt costs of the Hearing Officer's findingstwo transcripts shall be divided equally between the Board and the Association.
D. Each party shall share equally the costs of the arbitrator and the AAA.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A Each grievance shall be presented submitted in writing, and shall include a statement of the issues being grieved as well as reference to the specific provisions of the Agreement alleged to have been violated and the specific remedy sought. The grievance shall at all times and throughout all steps of the grievance procedure remain the exclusive property of the grievant, who shall retain the right to withdraw the grievance at any time or at any step of the grievance procedure. The grievance may be withdrawn at any level without establishing precedent. Nothing contained within this grievance procedure shall be construed as limiting the right of an employee to discuss a complaint informally with his supervisor to having the dispute adjusted in without the following mannerintervention of the Association, provided such adjustment is consistent with the terms of this Agreement. Should such informal process fail to resolve the grievance, then the procedure set forth below shall be initiated:
1. Immediate Administrator-Step STEP 1 - The grievant shall present forward a written copy of the grievance orally to his immediate administrator within a reasonable the Principal in the format indicated above. A copy thereof shall, at the same time, but in no event longer than fifteen be filed with the Superintendent and the Association. The Principal shall schedule a meeting with the grievant to take place within five (155) school days after knowledge by the staff member of the facts giving rise to receipt of the act or condition which is the basis of his/her grievance. The grievant and Principal shall provide a written decision to the immediate administrator grievant, which shall confer with a view to arriving at a mutually satisfactory resolution. include the reason upon which the decision is based, within five (5) days of said meeting.
STEP 2 - If the grievance is not resolved at Step 1, then the grievant shall reduce may appeal the grievance to writing and submit the same Principal’s decision by filing a written notice of appeal to the Step 1 administrator Superintendent within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - date that the decision was due. Said appeal must include reasons for the grievant’s dissatisfaction with the decision and the remedy sought. A statement of copy thereof shall at the grievance, including same time be filed with the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - Association. The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee Superintendent shall schedule arrange for a meeting with the grievant, and such meeting shall be held and a decision in writing rendered grievant to take place within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, Superintendent shall communicate his/her provide a written decision together with supporting reasons to the grievant and to grievant, which shall include the Step 1 administrator as soon as possiblereason upon which the decision is based, but not later than five within fifteen (515) school days after such of this meeting.
3. Area Executive Officer or Designee —STEP 3 - If the grievance is not resolved at Step 3 The decision of the foregoing step may be appealed in writing by 2, the grievant to may appeal the CEO Superintendent’s decision by filing a written notice of appeal within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been receiveddate that the Superintendent’s response was due. The CEO or his designated representative shall meet Said appeal must be filed in writing with the grievant within five Chairman of the Board, together with written reasons for the grievant’s dissatisfaction with the Superintendent’s decision and remedy sought. Within fifteen (515) school days of receipt of the appeal, the Boards shall arrange for a meeting with the grievant to hear the basis of the grievant’s dissatisfaction with the Superintendent’s response. The grievant will receive at least two (2) school days' notice of may present the meeting Board with such testimony and an opportunity witnesses as he deems necessary to be heard. The Step 3 administrator or his/her designated representative may be present at develop the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons facts pertinent to the grievant and to the Step 1 administrator as soon as possible, but no later than ten grievance. Within seven (107) school days after such of said meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final provide a written decision within five (5) school days after receipt of to the Hearing Officer's findingsgrievant, with copies provided to the Association.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A a. An employee with a grievance shall first discuss it with the Food Service Director in an attempt to resolve the matter mutually at that level. A decision will be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge rendered by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator Food Service Director within five (5) school days, but in no event should workdays.
b. If the aggrieved person is not satisfied with the informal resolution of the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply by the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievanceFood Service Director, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, or if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a no decision in writing has been rendered within five (5) school days. In workdays, the event that employee with a grievance shall submit the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed grievance in writing by the grievant to the Step 2 administrator Food Service Director. The Food Service Director shall meet with the employee within five (5) school days workdays after receiving the decision written grievance.
c. If the aggrieved person is not satisfied with the disposition of the Step 1 administrator grievance by the Food Service Director, or his designated representative if no decision has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant rendered within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or workdays after his/her designated representativefirst meeting, may the employee shall notify the Union within five (5) workdays if he/she wishes to proceed with the grievance. If the Union determines that the matter should be present at appealed, a written grievance shall be filed with the meeting and state his/her viewsDirector of Human Resources within five (5) workdays. The Step 2 administratorDirector of Human Resources shall meet with the employee, or his/her designated representativea representative of the Union, and the Food Service within five (5) work days after receiving the written grievance and shall communicate his/her written decision together with supporting reasons in writing to the grievant aggrieved person, the Union and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO Food Service Director within five (5) school work days after the decision meeting.
d. If the aggrieved person is not satisfied with the disposition of the Step 2 administrator grievance by the Director of Human Resources, or his/her designated representative if no decision has been received. The CEO or his designated representative shall meet with the grievant rendered within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or workdays after his/her designated representative may first meeting, the employee shall notify the Union within five (5) workdays if he/she wishes to proceed with the grievance. If the Union determines that the matter should be present at appealed, a written grievance shall be filed with the meeting and state his/her viewsSuperintendent within five (5) workdays. The CEO or his designated Superintendent shall meet with the employee, a representative of the Union, and the Food Service within five (5) work days after receiving the written grievance and shall communicate his/her written decision together with supporting reasons in writing to the grievant aggrieved person, the Union, the Food Service Director, and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision Director of the foregoing step may be appealed in writing by the aggrieved party to the Board Human Resources within five (5) school work days after the decision meeting.
e. If the aggrieved person is not satisfied with the disposition of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. AlternativelySuperintendent, PSASA may elect at he/she shall notify the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board Union within five (5) school days workdays after receipt of the findingsSuperintendent’s decision. The Board shall render its final decision within five (5) school days after it has heard If the grievance, or, if union determines that the matter has been referred to a Hearing Officershould be arbitrated, it shall so advise the Director of Human Resources in writing within five ten (5) school 10 working days after it has received of the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officeremployee’s request.
f. The parties will hereby designate a mutually agreed upon arbitrator for the resolution of grievances.
g. Within ten (10) workdays of notification to the Director of Human Resources of the Union's findingsdetermination that the matter should be arbitrated, the District shall contact each of the above arbitrators, notify the arbitrators as to the nature of the dispute, and determine when each arbitrator is available to hear the grievance.
h. The arbitrator who is available on the earliest date, which is mutually convenient for the parties, shall be selected to arbitrate the grievance. Following selection of the arbitrator, the District shall request that the arbitrator meet with the employee and representatives of the Union and the District to resolve said dispute within the terms of this Agreement.
i. After receiving notice of the request for arbitration, the arbitrator shall meet with the affected employee and parties representing the Union and the District, and shall proceed forthwith to make a binding disposition of the grievance by such means and methods as he may determine to be necessary. If the employee refuses to meet with the arbitrator, the decision of the Director of Human Resources shall be upheld. The arbitrator is limited in his authority to interpreting the Agreement in the resolution of the issue submitted to him by the parties and has no authority to alter, change or modify any provision of this Agreement.
j. The arbitrator shall prepare a written decision and no appeal thereafter shall be permitted.
k. The cost of arbitration, including arbitrator's fees and reasonable expenses, shall be born equally by the District and the Union.
l. No reprisals of any kind will be taken by the District or the Union against any party of interest or other participant in the grievance procedure. Any party of interest may be represented by counsel or by a representative selected by the Union. The Union may appear to be heard at any stage of the grievance procedure.
m. Forms for the grievance procedure will be jointly prepared by the Director of Human Resources and the Union and given appropriate distribution.
n. A grievance, which is not filed within forty five (45) workdays of the event or events underlying the alleged grievance, shall be waived, regardless of whether the employee knew or should have known of the act or condition on which the grievance is based.
o. A grievance involving a group of employees from different buildings may be submitted in writing by the Union directly to the Director of Human Resources. The Director of Human Resources may, in his/her sole discretion, process the grievance as if (1) it constituted a single grievance, or (2) it were a group of individual grievances, all of which had been processed through the preliminary steps described in this Agreement.
p. A grievance involving the discharge of an employee shall be submitted in writing by the Union directly to the Director of Human Resources.
q. Time limits for the processing of grievances may be extended by mutual agreement, in writing, executed by both parties.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:
Step 1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen : Within ten (1510) school days after knowledge by the staff member of the facts giving rise occurrence or knowledge of the occurrence, an attempt shall be made to resolve any grievance by means of an informal, verbal discussion between the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view lowest person in the administrative hierarchy who has the authority to arriving at a mutually satisfactory resolution. make decisions on the matter.
Step 2: If the grievance is cannot be satisfactorily resolved at Step 1, then the grievant shall reduce the grievance to writing within ten (10) school days of the Step 1 conference and submit the same present it to the Step 1 administrator. The written grievance shall specify the facts giving rise to the grievance, the clause or clauses of the contract allegedly violated and the remedy requested. The administrator shall afford the grievant and/or his/her union representative a meeting within five ten (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (2010) school days after knowledge of receipt of the written grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position Within ten (10) school days of the aggrieved employee - A statement of conference, the grievance, including the relevant date - A reference administrator shall render a written decision to the applicable provisions of this Agreement and/or Board policygrievant.
Step 3: If the grievance is not satisfactorily resolved at Step 2, if any the grievant may appeal the decision to the first step administrator (unless the first step administrator is the Superintendent - The corrective action requested - Signature of which moves the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with grievance to the grievant, and such meeting shall be held and a decision in writing rendered fourth step) within five ten (510) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision days of the foregoing step may be appealed in writing by the grievant to receipt of the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been receivedanswer. The Step 2 administrator or his/her designated representative Superintendent shall meet with afford the grievant a meeting within five ten (510) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice aggrieved, the union representative, the Superintendent or his designee, and such other representatives of the meeting and an opportunity District as either party deems necessary shall meet at a mutually agreeable time to be hearddiscuss the grievance. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five Within ten (510) school days after such of the meeting, the Superintendent shall render a written decision to the grievant.
Step 4: If the grievance is not satisfactorily resolved at Step 3. Area Executive Officer or Designee —Step 3 The decision of , the foregoing step Union may be appealed in writing by the grievant to the CEO within five (5) school days after appeal the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant to final and binding arbitration within five twenty (520) school days of receipt of the appealStep 3 answer or twenty (20) days if Step 3 is not required. The grievant will receive at least two American Arbitration Association shall serve as administrator of the proceedings. If the demand for arbitration is not filed within twenty (220) school days' notice of , the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsdeemed denied.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. Step One: A grievance shall may be presented and adjusted initiated in one (1) of the following mannerways:
1. Immediate Administrator-Step 1 The teacher shall meet with the building principal concerned and discuss the matter in his/her own behalf.
2. The teacher may request that a representative of the Association accompany the teacher and in such case the building principal shall not initiate any consultation with the grievant shall present a prior to any scheduled meeting at which the representative is to be present.
3. A grievance orally must be presented to his immediate administrator the building principal within a reasonable time, but in no event longer than fifteen twenty (1520) school days after knowledge by of the staff member date the grievant knew or should have known of the facts giving rise to the act grievance. Failure to timely present the grievance constitutes a waiver of the right to grieve the alleged contract violation or condition misapplication.
1. In the event that the grievance is resolved in Step One, the grievant may file a formal grievance in writing with the building principal. The grievance form shall be filed in quadruplicate with one (1) copy for the Association, the grievant, the building principal, and the school central office.
2. The grievance form shall (1) name the teacher(s) involved, (2) state the facts giving rise to the grievance, (3) identify the specific provisions of this Master Contract alleged to have been violated or misinterpreted, (4) state facts giving rise to grievance, (5) indicate the specific relief requested, and (6) be signed by the teacher(s).
3. The grievance form should be filed as soon as possible, but any grievance not presented in writing in Step Two within ten (10) days following completion of Step One shall be deemed waived and shall not be processed.
4. The teacher may request a meeting with the building principal and the Association representative may accompany the grievant. In such case the building principal shall not initiate any consultation with the grievant prior to any scheduled meeting at which the representative is to be present. In the basis of event the principal does not meet with the grievant and his/her Association representative, the principal must provide a written response to the grievant within five (5) days after receiving the written grievance. The In the event the principal meets with the grievant and his/her Association representative, the immediate administrator shall confer with principal must provide a view written response to arriving at a mutually satisfactory resolutionthe grievant within five (5) days after the meeting date.
1. If the grievance is not resolved at in Step 1Two, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator teacher may within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appealbuilding principal's answer, appeal to the Superintendent by filing the grievance and the principal's answer along with a written response of the teacher, if desired, attached to the grievance.
2. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing OfficerSuperintendent may, within ten (10) school days after of receiving the completion grievance, hold a meeting to investigate facts, allegations, exhibits, and remedy requested. Within ten (10) school days of such meeting, the Superintendent shall respond and answer the grievance submitted. If no meeting is held at the Superintendent's Step, the Superintendent shall respond within ten (10) school days of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, filing at his Step.
3. If the Hearing Officer shall submit hisgrievant is not satisfied with the Superintendent's answer at Step Three; he/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit she must file a written response appeal to the Board within five not later than ten (510) school days after receipt of receiving the findingsSuperintendent’s answer. The Board level grievance shall render its final decision be heard in executive session on the day of a regularly scheduled Board meeting if such meeting is to be held within five thirty (530) school days after it has heard and appropriate public notice can be given in advance. In the grievance, or, if the matter has been referred to a Hearing Officer, event that such meeting is not held within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are receivedsuch timeline, the Board or its designated representative and the Association Representative and the Grievant(s) shall render mutually establish a date and time for such hearings within the thirty (30) days. The Board or its final decision designated representatives' written answer shall be transmitted to the grievant and the Association within five ten (510) school days after receipt of the Hearing Officer's findingsmeeting and attached to the grievance. The Board’s decision shall be final and binding.
Appears in 2 contracts
Sources: Master Contract, Master Contract
Procedure. A grievance shall be presented and adjusted in By mutual agreement, the following manner:timelines on any level may be extended.
Level 1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and must request an informal conference with the immediate administrator most reasonably related to the matter in dispute within ten (10) days after becoming aware of the grievance. At this conference, the grievant shall confer with a view directly seek to arriving at a mutually satisfactory resolutionresolve the matter informally. At this level, neither party may have representation. At all other levels, each side shall be entitled to representation. If the grievance grievant is not resolved satisfied with the disposition of the grievance at Step Level 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in or if no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing has been rendered within five (5) school days. In days after presentation of the event that grievance, the grievant's immediate administrator is a grievant may file the grievance with the Director III or Area Executive Officeror, then he/she shall skip Step 2at the Director’s discretion, the Associate Director.
Level 2. Such grievance must be filed with the Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after of the decision of at Level 1. Within the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of after receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing grievance by the grievant to Director, the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall Director will meet with the grievant within five aggrieved person and a representative (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to if the grievant and chooses to have representation) in an effort to resolve it. If the Step 1 administrator as soon as possibleDirector or the grievant is unable to meet within the specified time frame, but a mutually agreed upon date for such a meeting, no later than an additional ten (10) school days shall be determined. If the grievant is not satisfied with the disposition of the grievance at Level 2, or if no decision has been rendered within ten (10) days after such meetingpresentation of the grievance, the grievant may file the written grievance with the Clerk of the Board.
4Level 3. Board-Step 4 The decision Such grievance must be filed with the Clerk of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after of the decision of the CEO or his/her designated representative has been receivedat Level 2. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within Within twenty-five (525) school days after receipt of the findingswritten grievance by the Clerk of the Board, the Board will meet with the aggrieved person and a representative (if the grievant chooses to have representation) in an effort to resolve it. The Board shall render its final a written decision within five (5) school days after it has heard following said meeting.
Level 4. The grievant may appeal the grievance, or, if decision of the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses Board to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsDistrict Court pursuant to K.S.A. 60-2101(d.)
Appears in 2 contracts
Sources: Professional Agreement, Professional Agreement
Procedure. A Grievances as defined in Section 1 shall be settled in the following manner and the steps set forth must be followed in the order listed within the time limits prescribed:
Step 1. The grievance shall be orally presented and adjusted to the employee's first level supervisor within ten (10) days after employee knew or should have known of violation. No settlement in the following manner:
1. Immediate Administrator-this Step 1 The grievant shall present be made in violation of the "written contract." If a grievance orally to his immediate administrator settlement is not reached within a reasonable time, but in no event longer than fifteen two (152) school days after knowledge by oral presentation to the staff member first level supervisor the grievance shall be reduced to writing on a form No. G-l with a clear statement of the facts giving rise issues involved. This shall be presented to the act or condition which is First Level Supervisor who shall promptly transmit the basis of his/her written grievance to the General Counsel for handling in accordance with Step 2.
Step 2. The General Counsel shall establish a Step 2 with the aggrieved and the appropriate Second Level Supervisor. The Step 2 meeting shall be held within ten (10) days after employee has filed the grievance. The grievant time and place for meetings under Step 2 shall be at the immediate administrator discretion of the General Counsel. The employee shall confer be allowed a maximum of three representatives at the meeting. The General Counsel shall prepare a report of the meeting, together with a view written disposition of the matter and forward copies thereof to arriving at a mutually satisfactory resolutionthe employee and to the employee's exclusive representative organization within ten (10) days after the Step 2 hearing. If the grievance settlement is not resolved at reached in this Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator 2 within five (5) school daysdays of the date of the disposition, but in no event should the grievance remain unresolved at is referred to Step 1 for twenty (20) school days after knowledge of grievance3.
Step 3. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference Grievances referred to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting 3 shall be held discussed between the employee's exclusive representative and a decision in writing rendered within five (5) school daysthe General Counsel. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she This discussion shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, take place within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter grievance has been referred to Step 3. If agreement is reached as a Hearing Officerresult of this meeting the General Counsel shall issue a disposition of the matter which shall be final and binding. If agreement is not reached, the aggrieved shall, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are receivedStep 3 meeting, notify, in writing, the Board General Counsel that arbitration is required.
Step 4. ARBITRATION: In cases referred to Step 4 the parties shall render its final decision attempt to agree on an arbitrator, if agreement is not reached within five (5) school days after receipt the parties shall petition the Bureau of Mediation Services for assistance under the rules of the Hearing Officer's findingsPELRA. The arbitrator shall set the time and place for the Step 4 hearing, the method of procedure and make all necessary rulings. The arbitrator shall have no power to add to, subtract from, or modify any of the terms of the written agreement or to any agreement made supplementary hereto, and shall only be allowed to rule on those cases that apply to the definition of a grievance as described in this article. The decision of the arbitrator, if within the scope of his power, shall be binding on both parties within the limitations of the PELRA. The expense and fees of the arbitrator shall be borne jointly by the school district and the employee organization.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Procedure. 1. Level One – Informal Meeting with Immediate Supervisor/Superintendent
a. In initiating the grievance procedure, the grievant shall present the grievance orally to the immediate Supervisor / Superintendent. The immediate Supervisor / Superintendent shall hold a personal conference within seven (7) days after the grievant’s request and an attempt shall be made to settle the grievance in an informal manner.
b. In the event the grievant is not satisfied with the disposition of the informal meeting, the grievant shall have the right within seven (7) days after the informal meeting date to present the grievance in writing to the Superintendent at Level Two.
2. Level Two – Formal Written Grievance to the Superintendent
a. A grievance shall be presented and adjusted in writing to the following manner:
1Superintendent using the grievance form, with a copy simultaneously provided to the Association. Immediate Administrator-Step 1 The grievant Superintendent shall present a grievance orally to his immediate administrator meet with the grievant(s) within a reasonable time, but in no event longer than fifteen seven (157) school days after knowledge by the staff member of receipt of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator Superintendent shall confer with provide a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement written disposition of the grievance, including the relevant reasons therefore, to all parties of interest within seven (7) days of such meeting. See Appendix C.
b. If the grievant and/or the Association is not satisfied with the disposition of the grievance, or if no disposition has occurred within seven (7) days of such meeting or seven (7) from the date - A reference of presentation of the grievance, the grievance may be appealed to Level Three, with a copy simultaneously provided to the applicable Association.
3. Level Three - Mediation
a. If the grievant and/or the Association is not satisfied with the disposition of the grievance, or if no disposition has occurred pursuant to the provisions of this Agreement and/or Board policyLevel Two, if the grievance shall be referred to grievance mediation.
b. The Association shall request that a conciliator/mediator from the California State Mediation/Conciliation Service, or from any - The corrective action requested - Signature other mutually agreeable recognized dispute resolution center, be assigned to assist the parties in the resolution of the aggrieved employee - Date submitted grievance.
c. If an agreement is reached, the agreement shall be reduced to writing and time The Step 1 administrator or his/her designee shall schedule a meeting with be signed by the grievant, the Association and such meeting the District. The agreement shall be held non-precedential and shall constitute a decision in writing rendered within five (5) school days. settlement of the grievance.
d. In the event that the grievant's immediate administrator is a Director III , the Association and the Superintendent or Area Executive Officer, then heher/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision his designee have not resolved the grievance with the assistance of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or hisconciliator/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, mediator within ten (10) school days after from the completion of first meeting held by the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appelleeconciliator/mediator, the Hearing Officer shall submit his/her findings of factAssociation may terminate Level Three and the grievance may proceed to Level Four, conclusions of law and recommendations to so long as the Boarddelay has not been caused in part by the mediator, association, or grievant.
4. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response Level Four - Appeal to the Board within five (5) school days after receipt of Trustees
a. If the grievant and/or the Association are not satisfied with the disposition of the findingsgrievance, or if no disposition has occurred pursuant to the provisions in Level Three, the grievance shall be referred to the Board of Trustees to be heard in an open or closed session meeting, as decided by the grievant, following proper legal notification of the Board meeting agenda.
b. The grievant/and or an Association representative shall be permitted to present information to the Board of Trustees during open session. The Board of Trustees shall render its final decision within five provide a written disposition of the grievance to the grievant, and simultaneously to the Association, no later than seven (57) school days after it has heard following the Board of Trustee meeting.
c. If the grievant and/or the Association is not satisfied with the disposition of the grievance, or, or if no disposition has occurred from the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are receivedBoard of Trustees as specified above, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsAssociation may appeal to Level Five.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance Class or group grievances will follow the steps and time lines specific to them, beginning at the Superintendent Level. In the event that there is a failure to appeal a decision at any level within the specified time lines, said failure shall be presented deemed an acceptance of the decision at that level and adjusted further proceeding of the case shall be prohibited.
a. Level One - Oral - Superintendent The Association President or Grievance Chair must meet with the Superintendent or designee within five (5) days of the perceived contract violation in an effort to resolve the following mannerproblem. The oral discussion must include:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member A synopsis of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2alleged violation.
2. Director III, Area Executive Officer Specific sections or Designee —Step 2 The decision subsections of the foregoing step may be appealed in writing by the grievant contract alleged to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has have been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meetingviolated.
3. Area Executive Officer or Designee —Step 3 The decision of Specific relief requested. If no resolution is obtained following the foregoing step may be appealed in writing by discussion, the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant grievance will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, continue in accordance with procedures (if any) established Level II on the grievance form shown in the appendix.
b. Level Two - Written - Superintendent Any written grievance filed by the Board for such a review. In all matters referred to a Hearing Officer, Association must be received by the Superintendent within ten (10) school days after from the completion alleged violation. The written grievance must include:
1. The signature of the hearing Association President or Grievance Chair.
2. A synopsis of the facts giving rise to the alleged violation.
3. Specific sections or subsections of the contract alleged to have been violated.
4. Specific relief requested. The Superintendent shall respond to the Association within ten (10) days of the receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appelleethe written grievance form. If the response at this level is not satisfactory, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations Association may request the grievance move to the Board. next level.
c. Level Three - Board The findings of Superintendent must receive the Hearing Officer shall be distributed request to both parties. Either party shall have the right move to submit a written response to the Board Level III within five (5) school days after receipt of the findingsdate of the Level II response. The Board shall render its final decision within Association request to move to Level III must be received at least five (5) school days after prior to the next regular Board meeting in order to be considered at that meeting. When the Board considers the grievance it has heard may:
1. Hold a hearing, or
2. Designate one or more members to hold a hearing, or
3. Otherwise investigate the grievance or prescribe such procedure as it may deem appropriate for consideration of the grievance, or, if the matter has been referred to a Hearing Officer, . Final Board level response must be within five ten (510) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, of the Board shall render its final decision within five (5) school days after receipt of meeting in which the Hearing Officer's findingsgrievance was heard unless an extension is mutually agreed upon.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Procedure. A grievance shall be presented and adjusted in a. Level One: Before filing a formal grievance, the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally attempt to his resolve it by an informal conference with his/her immediate administrator within a reasonable time, but in no event longer than fifteen supervisor.
b. Level Two: Within twenty (1520) school days after knowledge by the staff member grievant knew or should have reasonably known of the facts act or omission giving rise to the act or condition which is grievance, the basis of grievant must present the grievance in writing on the district grievance form to his/her grievance. The grievant immediate supervisor, with a copy to the Superintendent and the immediate administrator Association. This shall confer with be a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference specific provision of the Agreement allegedly violated, the circumstances constituting such alleged violation, the decision rendered at the informal conference, and the specific remedy sought. The immediate supervisor shall communicate his/her decision to the applicable provisions of this Agreement and/or Board policygrievant, if any - The corrective action requested - Signature Superintendent and the Association in writing, within ten (10) days after receiving the formal grievance. If the immediate supervisor does not respond within the time limits, the grievant may appeal to the next level.
c. Level Three: If the grievant believes the decision at Level Two to be incorrect, he/she may within ten (10) days appeal the decision on the appropriate district grievance appeal form to the Superintendent or his/her designee. Within ten (10) days after the receipt of the aggrieved employee - Date submitted and time written grievance by the Superintendent, the Superintendent or his/her designee will meet the grievant and/or the grievants representative to resolve the grievance. The Step 1 administrator Superintendent or his/her designee shall schedule a meeting with communicate his/her decision to the grievant, the immediate supervisor, and such meeting shall be held and a decision in writing rendered the Association within five fifteen (515) school days. In If the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator Superintendent or his/her designated representative shall meet designee does not respond within the time limits provided, the grievant may appeal to the next level.
d. Level Four: If not satisfied with the grievant within five (5) school days of receipt disposition of the appealgrievance at Level Three, or if there has been no written decision, the Association may submit the grievance to arbitration within twenty (20) days. The aggrieved party will receive at least two (2) school day's notice of the meeting and parties shall select a mutually acceptable arbitrator. Should they be unable to agree on an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, arbitrator within ten (10) school days after the completion of submission of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appelleegrievance to arbitration, the Hearing Officer grievance shall submit his/her findings of fact, conclusions of law and recommendations be submitted to the BoardState Conciliation and Mediation Service. The findings arbitrator’s decision will be in writing. The arbitrator will be without power or authority to alter, amend or modify this Agreement, or to make any decision which requires the commission of an act prohibited by law or which violates the terms of this Agreement. The decision of the Hearing Officer arbitrator will be submitted to the Superintendent, grievant and the Association, and shall be distributed binding to both all parties. Either party shall have All costs for the right to submit a written response to the Board within five (5) school days after receipt services of the findingsarbitrator, including but not limited to, per diem expenses, travel and subsistence expenses, and the cost of any hearing room, will be borne equally by the District and the Association. The Board shall render its final decision within five (5) school days after it has heard All other costs will be borne by the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findingsparty incurring them. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsExpedited arbitration may be used by mutual agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A 232 An employee shall not have a grievance unless the matter complained of is first brought to the attention of their department head, or their designated representative, by the employee. At that time, the department head or their designated representative, shall set a time and date, to discuss the matter with the employee and if appropriate, the employee's immediate supervisor. At the employee's request, the employee’s chief ▇▇▇▇▇▇▇/▇▇▇▇▇▇▇, as the case may be, shall be presented present during the discussion. If the matter is not resolved between the department head, or their designated representative, and adjusted in the employee within seven (7) calendar days, the employee may submit their grievance using the following manner:
1grievance procedure. Immediate Administrator-Step 1 233 The grievant following grievance procedure shall present a grievance orally to his immediate administrator within a reasonable timebe the sole and exclusive means for resolving all grievances: 234 An aggrieved employee promptly, but and in no event longer later than fifteen (15) school calendar days after knowledge by the staff member of the facts have occurred giving rise to the act or condition which is the basis of his/her their grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the their grievance to writing on a form provided by the University and submit the same it to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administratortheir department head, or his/her designated representative, may be present at the meeting and state his/her viewsfor written answer. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. 235 The grievance shall be heard fifteen (15) school days after the receipt of the appeal dated and signed by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents aggrieved employee and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by their chief ▇▇▇▇▇▇▇/▇▇▇▇▇▇▇ and Appelleeshall set forth the facts, including dates, and provisions of the Agreement that are alleged to have been violated and the remedy desired. 236 The grievance shall not be considered submitted until the department head, or designated representative, receives the written grievance. At the time it is received it shall be dated and a copy returned to the aggrieved employee. 237 If the aggrieved employee does not receive a satisfactory written answer within fifteen (15) calendar days after their written grievance is submitted to their department head, or his designated representative, the Hearing Officer shall employee may submit his/her findings of fact, conclusions of law and recommendations their written grievance to the BoardUniversity Review Committee for written answer provided the employee submits it within seven (7) calendar days following receipt of an unsatisfactory answer at Step One or within twenty-two (22) calendar days from the time the grievance was submitted at Step One. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after 238 Upon receipt of the findingswritten grievance, the University Review Committee shall set a mutually acceptable place and time within fifteen (15) calendar days, unless there is a mutual Agreement otherwise as to time, for discussion of the grievance. The Board aggrieved employee's chief ▇▇▇▇▇▇▇/▇▇▇▇▇▇▇ and a reasonable number of non-employee Union officials may assist them in the discussion. A written answer shall render its final decision be provided within five ten (510) school days after it has heard calendar days, except that this time limit may be extended by mutual Agreement of the University and the Union. 239 If the chief ▇▇▇▇▇▇▇/▇▇▇▇▇▇▇ from another representation area possesses technical or craft specialty skills and knowledge expertise related to the grievance issue that may contribute to the understanding and resolution of the grievance, orthat chief ▇▇▇▇▇▇▇/▇▇▇▇▇▇▇ may also be released, if in accordance with the matter has been referred ▇▇▇▇▇▇▇ release provisions of paragraph 240, to a Hearing Officer, within five (5) school days after it has received participate in the responses grievance hearings referenced in paragraphs 232 and 237 above. Such request for release shall be made with reasonable prior notice from the Union to the Hearing Officer's findingsappropriate University Human Resources Office, which will coordinate the release with the applicable operation units. If no responses are receivedThe parties recognize that this type of release would be an exception to normal hearing participation procedures, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsand it will not be abused.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance Should a dispute arise between the Employer and any employee or employees regarding the interpretation, application, operation or an alleged violation of this agreement, including any question as to whether a matter is arbitrable, the dispute shall be presented considered a grievance and adjusted an ▇▇▇▇▇▇▇ effort shall be made to settle the dispute in the following manner: An employee may, subject to the time limits in (c) below, initiate a grievance as follows:
1. Immediate Administrator-(a) Step 1 The grievant shall present a grievance orally - Informal Step - Subject to his immediate administrator within a reasonable timethe time limits in (c) below, but in no event longer than fifteen (15) school days after knowledge by the staff member first step of the facts giving rise grievance procedure, every reasonable effort shall be made to settle the act or condition which is dispute with the basis of his/her grievanceimmediate supervisor. The grievant and aggrieved employee shall have the immediate administrator shall confer with right to have a view to arriving ▇▇▇▇▇▇▇ present at such a mutually satisfactory resolutiondiscussion. If the grievance is not resolved settled at Step 1this step, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall it may be held and a decision presented in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip at Step 2.
2. Director III, Area Executive Officer or Designee —(b) Step 2 The decision - First Formal Step - Subject to the time limits in (c) below, an employee may present a grievance at this level by: • Recording the grievance on the appropriate grievance form, setting out the nature of the foregoing step may be appealed in writing by grievance and the grievant circumstances from which it arose; • Stating the article(s) or clause(s) of the agreement infringed upon or alleged to have been violated and the remedy or correction required; and • Transmitting the grievance to the Step 2 administrator within five (5) school days after the decision next level of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed management through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by union ▇▇▇▇▇▇▇. Time Limits to Present at Step 2 - An employee may initiate the written grievance at Step 2 of the grievance procedure not later than 30 days after the date: • On which he/she was notified orally or in writing, of the action or circumstances giving rise to the grievance; • On which he/she first became aware of the action or circumstances giving rise to the grievance. Time Limit to Reply at Step 2 The Employer’s Step 2 designate shall reply in writing to the ▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations (with a copy to the Board. The findings grievor and the staff representative) within 21 days of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. grievance at Step 2.
(c) Step 3 - Second Formal Step - The Board shall render its final decision within five (5) school staff representative may present the grievance at Step 3 or meet with the Manager of Human Resources and/or the Department Manager or Director to discuss the grievance and the proposed remedy at Step 3: • Within 21 days after it has heard the grievance, or, if the matter Step 2 reply has been referred to a Hearing Officer, within five (5) school received by the staff representative; or • Within 21 days after it has received the responses Employer’s Step 2 reply was due. Time Limit to Reply at Step 3 The employer designate will respond in writing to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision staff representative within five (5) school 21 days after of receipt of the Hearing Officer's findingsgrievance at Step 3.
(d) Where the attendance of the aggrieved employee at either the Step 2 or Step 3 meeting does not delay the timelines noted above, the aggrieved employee will be afforded the opportunity to attend. The Union will encourage the aggrieved employee to attend the Step 2 and Step 3 meeting.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Procedure. A grievance The following shall be presented the formal grievance process. The parties are encouraged to meet informally to resolve issues that may be potential grievances at the lowest possible level of supervision. Such informal meetings will not be considered a step of the grievance process and adjusted in will not stop the following manner:
1grievance timelines. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge If requested by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with employee, a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated Union representative may be present at present. Step One – Administrative. It is the meeting desire of both the Employer and state his/her viewsthe Union that grievances be adjusted informally whenever possible. The CEO If an employee or his designated representative shall communicate his/her written decision together with supporting reasons the Union wishes to file a grievance, such grievance must be filed within thirty (30) calendar days from the date the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to is aware that a Hearing Officer to be designated by said Boardgrievance exists. The grievance shall be heard fifteen (15) school days after the receipt in written form with a complete description of the appeal by alleged grievance, the Boarddate it occurred, the specific article(s) and section(s) of the contract, or Employer policy or rule alleged to have been violated and the remedy sought. Alternatively, PSASA may elect at A copy of the time of filing an appeal at Step 4 grievance will be sent to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such Medical Center's Human Resources Office. The parties will schedule a review. In all matters referred to a Hearing Officer, grievance meeting within ten (10) school calendar days of filing. If requested by the grievant, a representative or delegate may be present. The University will be represented by a manager with the authority to adjust the issues raised in the grievance and a representative from the Medical Center's Human Resources Office. The University will respond in writing within ten (10) calendar days of the meeting. Step Two – Review. If a satisfactory settlement is not reached within the required time period above, the employee and/or representative may submit the written grievance to Step Two within fourteen (14) calendar days after the completion decision at Step One. A copy of the hearing grievance will be sent to the Medical Center’s Human Resources Office and the Office of Labor Relations. The second step review meeting shall occur within ten (10) calendar days. The grievance review meeting shall include the grievant, the grievant's representative or receipt delegate, the head of documents the unit or designee, and representatives from the Medical Center's Human Resources Office and the University's Labor Relations Office. The University will respond in writing within ten (10) calendar days of the meeting. If a satisfactory settlement is not reached, the employee or representative may submit the written grievance to Step 3 within fourteen (14) calendar days. Step Three -Mediation/Arbitration. The written grievance may be submitted by ▇▇▇▇▇▇▇▇▇ and Appelleethe Union within fourteen (14) calendar days after the Step 2 decision to the PERC for mediation. If mediation fails to resolve the grievance, the Hearing Officer grievance may be submitted by the Union to arbitration. Such submittal must be within fourteen (14) calendar days from any of the following: the mediator’s impasse report, a written declination by a party to mediate, or the Step Two response if neither the Union nor the Employer requested mediation. The submittal must be in writing and served on the other party. The parties agree to establish a permanent panel of ten (10) arbitrators. These arbitrators shall submit be assigned cases by the parties on a rotating basis. If the arbitrator is not available to hear the case within ninety (90) calendar days of the decision by either party to go to arbitration, the parties may contact the next arbitrator in the rotation. If no arbitrator can hear the case within ninety (90) calendar days, the case will be assigned to the arbitrator who can hear the case on the earliest date. If an individual arbitrator decides to remove his/her findings name from the panel or if one or more members of factthe panel are not continued by either party, conclusions of law and recommendations the parties will meet to decide whether to substitute an additional name(s). No later than seven (7) working days prior to the Boardscheduled arbitration meeting, the parties will submit questions of arbitration eligibility to the arbitrator for preliminary determination, share the name of each witness intending to testify at the hearing, and attempt to agree upon the issue statement. A copy of written materials submitted to the arbitrator will be provided to the opposing party. The findings parties agree that the arbitrator shall have no power to render a decision that adds to, subtracts from, alters or modifies in any way the terms and conditions of the Hearing Officer shall Agreement. The parties further agree that the decision of the arbitrator will be distributed to both final and binding upon all parties. Either party shall The Union or the Employer will have the right to submit a written response request the arbitrator to require the Board presence of witnesses and/or documents. The arbitrator's decision shall be made in writing and the arbitrator shall be encouraged to render the decision within five thirty (530) school calendar days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt close of the Hearing Officer's findingsarbitration.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff Any member of the facts giving rise Association who has a grievance shall discuss it with his or her immediate supervisor or principal in an attempt to resolve the matter informally at that level. In the event that the member has no immediate supervisor or principal in their building, they are to report the grievance to the act Business Administrator. The principal or condition which is the basis of immediate supervisor shall give his/her grievance. The grievant and decision on the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator matter within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement date of the grievancediscussion. To be considered, including the relevant date - A reference to the applicable provisions employee must initiate a grievance within thirty (30) calendar days of its occurrence. The Association member may appeal this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered to the Business Administrator or the Principal, according to the district's current organizational chart, within five (5) school days. In The Business Administrator or the event that Principal shall have the grievant's immediate administrator is a Director III or Area Executive Officer, option to meet with the Association member and their representative and then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or will communicate his/her designated representative shall meet with decision in writing to the grievant Association member within five (5) school days of receipt of the appealwritten complaint. The aggrieved party will receive at least two (2) school day's notice of If the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present grievance is not settled at the meeting and state his/her views. The Step 2 administratorabove step, or his/her designated representative, the grievance shall communicate his/her written decision together with supporting reasons proceed in writing to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision Superintendent of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant Schools within five (5) school days of receipt of the appealabove decision. The grievant will Superintendent shall receive at least two (2) school days' notice of a report on the meeting grievance and an opportunity to be heardshall take such steps as he/she deems necessary and desirable. Either party may request a private conference. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her viewsSuperintendent shall determine whether a conference is necessary. The CEO or his designated representative Superintendent shall communicate his/her written decision together with supporting reasons attempt to resolve the grievant and to the Step 1 administrator matter as soon quickly as possible, but no later than within a period not to exceed ten (10) school days after such meeting.
4days. Board-Step 4 The Superintendent shall communicate the decision of in writing, along with supporting reasons, to the foregoing step Association member, the principal or immediate supervisor, and the Association. In the event that the grievance is not resolved at the Superintendent level, the following process should be followed: For Teaching Staff: If the grievance is not resolved to the Association member's satisfaction, the Association member may be appealed in writing request a review by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been receiveddays. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance request shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed submitted in writing through the submission Superintendent of documents Schools, who shall attach all related materials and without an evidentiary hearing, in accordance with procedures (if any) established by forward the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations request to the Board. The findings Board, or a committee thereof, shall review the grievance, hold a hearing with the Association member if requested, and render a decision within thirty-five (35) calendar days. If the Association is dissatisfied with the determination of the Hearing Officer Board and in the further event that the grievance involves the interpretation of application of this contract, but does not involve a tenure charge (18A:6-10), withholding of an increment (18A:29-14), or a non-renewal of a non-tenured teacher's contract (18A:27-10), then a request for arbitration shall be distributed made by the Association within fifteen (15) calendar days following the determination by the Board, with a copy sent to both partiesthe Board. Either party The parties shall have then be bound by the right rules and procedures of the Public Employment Relations Commission (P.E.R.C.) as to submit a written response the selection of an arbitrator. The Arbitrator's decision shall be in writing and shall be submitted to the Board within five (5) school days after receipt and the Association and shall be final and binding on the parties. The compensation of the findingsArbitrator shall be borne equally by the parties. The Board shall render its final decision within five (5) school days after it has heard Failure by the grievance, or, if the matter has been referred grievant at any step of this procedure to appeal a Hearing Officer, within five (5) school days after it has received the responses grievance to the Hearing Officer's findings. If no responses are received, the Board next step within a specified time limit shall render its final decision within five (5) school days after receipt be deemed to be acceptance of the Hearing Officer's findingsdecision rendered at that step. Failure at any step of the procedure to communicate a decision of the grievance to the grievant within the specified time limits shall automatically advance the grievance to the next level.
Appears in 2 contracts
Procedure. A Step One: It is desirable for an employee and the immediate supervisor(s) to resolve problems through free and informal communications. Therefore, before a grievance is filed, the claimant or the Union shall discuss the claim with the immediate supervisor(s). Step Two: If the complaint cannot be resolved informally, the aggrieved employee or the Union shall file the grievance in writing with the immediate supervisor(s), who shall certify by signature the date the grievance was received. This certification shall be witnessed by the grievant. The written grievance shall be presented and adjusted in state the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member nature of the facts grievance, shall note the specific clause or clauses of the Agreement which are applicable, and shall state the remedy requested. The filing of the formal, written grievance must be within 30 calendar days from the date of the occurrence of the event giving rise to the act or condition which is the basis of his/her grievance. The supervisor shall make a decision on the grievance and communicate it in writing to the employee, the OSPF President, and the Superintendent within 10 working days after receipt of the grievance. Step Three: In the event a grievance has not been satisfactorily resolved at the second step, the grievant or the Union shall file, within 10 working days of the immediate supervisor’s written decision at Step Two, a copy of the grievance with the Superintendent. Within 10 working days after receipt of the grievance, the Superintendent or his designees shall meet with the grievant and the immediate administrator supervisor. The Union has a right to review and terminate the grievance procedure at this point. Before proceeding to Step 4, the union requests that a written reply from the Superintendent be delivered within 10 working days after the grievance meeting. Step Four: If the grievance is to continue beyond Step Three, the grievance shall confer with a view proceed to arriving the Board. The grievance will be considered within 10 working days at a mutually satisfactory resolutionmeeting of the Board of Education and a written decision will be rendered by the Board within 10 working days of the fourth step grievance hearing. Step Five: If the grievance is not satisfactorily resolved at Step 1Four, then the grievance shall proceed to binding arbitration. The Union shall notify the Superintendent on behalf of the Union and the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference intent to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date enter into binding arbitration. This request must be submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school 20 working days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meetingFour answer.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.
Appears in 2 contracts
Sources: Professional Negotiation Agreement, Professional Negotiation Agreement
Procedure. A grievance Grievances, as defined by Section 6.1, shall be presented and adjusted resolved in conformance with the following manner:procedure.
Step 1. Immediate Administrator-Step 1 The grievant shall present An employee claiming a grievance orally to his immediate administrator violation concerning the interpretation or application of this Agreement shall, within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school calendar days after knowledge of grievancesuch alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. PSASA The Employer-designated representative shall supply discuss and give an answer to such Step 1 grievance within twenty (20) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement nature of the grievance, including the relevant date - A reference to facts on which it is based, the applicable provision or provisions of this Agreement and/or Board policythe agreement allegedly violated, if any - The corrective action the remedy requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —appealed to Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, Union within ten (10) school calendar days. A grievance not appealed to Step 2 in ten (10) days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appelleeshall be considered waived.
Step 2. If appealed, the Hearing Officer written grievance shall submit his/her findings of fact, conclusions of law be presented by LELS and recommendations to discussed with the BoardEmployer-designated Step 2 representative. The findings of Employer-designated representative shall give LELS the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board Employers Step 2 answer in writing within five ten (510) school calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days. A grievance not appealed in ten (10) days shall be considered waived.
Step 3. If appealed, the findingswritten grievance shall be presented by LELS and discussed with the Employer-designated Step 3 representative. The Board Employer-designated representative shall render its final decision give the Union the Employer’s answer in writing within five ten (510) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Hearing OfficerEmployer-designated representative's findingsfinal answer in Step 3. Any grievance not appealed in writing to Step 4 within ten (10) days shall be considered waived.
Step 4. Upon completion of the previous procedure and prior to requesting arbitration, either the Union or the Employer may request mediation of the grievance by the Bureau of Mediation Services. Such request must be made within ten (10) working days following the decision in Step 3. The time limit for requesting arbitration is tolled during mediation and if mediation does not resolve the grievance within 30 days, arbitration may commence as hereafter provided in Step 5.
Step 5. A grievance unresolved in Step 3 and appealed to Step 4 by LELS shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Procedure. A Step 1. The grievant and representative shall first discuss the grievance with his/her immediate supervisor, within seven (7) calendar days after the employee has knowledge of, or should have knowledge of, the incident upon which the alleged grievance is based. The Supervisor shall respond within seven (7) calendar days.
Step 2. If the grievant is unsatisfied with the answer of the Supervisor at Step 1, the grievance involves a pay issue, or if the grievance concerns an issue which the Supervisor has no discretion or authority to resolve, the grievance shall be reduced to writing and presented to the Chief within seventy-two (72) hours of the supervisor’s answer. The Chief shall investigate the grievance and, if necessary, schedule a joint grievance meeting within seven (7) calendar days after receipt of the grievance. The Chief shall reply to the grievant and adjusted his/her Union representative in writing within seven (7) calendar days after completion of the grievance meeting or receipt of the grievance, whichever is later.
Step 3. If the Union is unsatisfied with the answer of the Chief at Step 2, the Union representative may appeal the decision to the Safety-Service Director and/or the Mayor within seven (7) days of receiving the answer at Step 2. They shall investigate the grievance, and if necessary, schedule a joint grievance meeting within seven (7) calendar days after receipt of the grievance by the Safety-Service Director and/or the Mayor. The Safety-Service Director and/or the Mayor shall reply to the Union within seven (7) calendar days after completion of the grievance meeting or receipt of the grievance, whichever is later.
Step 4. If the answer is not satisfactory to the Union, the grievance may be appealed within seven (7) calendar days to arbitration. The City and Union shall jointly request a list of arbitrators from the Federal Mediation & Conciliation Service (FMCS) within (7) calendar days thereafter. Upon receipt of names from FMCS, an arbitrator shall be selected in accordance with the rules of FMCS.
A. All decision of the arbitrator shall be final and binding upon all parties participating. He/she shall have no power to add to, subtract from, change, modify or amend any of the provisions of this Agreement and he/she shall decide the issues presented on the basis of the reliable, substantial and preponderance of the evidence in the record of the proceedings and the express terms of this Agreement.
B. Employees who are called by either party as witnesses and who give non-repetitive testimony shall lose no pay for the time spent at an arbitration hearing if it is during regular working hours. Off-duty employees called by Management, as witnesses shall receive overtime payment pursuant to the provision of Article 9. The arbitrator will be paid in the following manner:
1C. The party that loses the arbitration shall pay one hundred percent (100%) of the arbitrator’s fee. Immediate Administrator-Step 1 The grievant Any additional cost, such as transcripts of the hearing, the use of legal counsel, etc., shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge be borne by the staff member individual party that makes use of such service.
D. Only the facts giving rise Union may authorize an appeal to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolutionarbitration. If Management fails to answer any grievance within the grievance is not resolved at Step 1prescribed limits, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after automatically referred to the receipt next higher step in this Article. The time limits imposed in the Article may be extended at any step by the written consent of the appeal parties. Any step herein may be waived by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion mutual written consent of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A Any grievance which may arise on the part of an employee concerning the correct application or interpretation of this Agreement shall be presented and adjusted handled in the following manner:
Step 1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen Within ten (1510) school working days after knowledge by the staff member of the facts event giving rise to the act grievance, or condition which is within ten (10) working days after the basis employee or Union could reasonably have been expected to have knowledge of histhe event, the employee or Union representative shall discuss the problems with the relevant immediate supervisor/her grievancemanagement or Human Resources representative. Both parties shall attempt to resolve the problem during this discussion. It shall be considered acceptable for such grievances to be presented in written format and submitted either physically or electronically.
Step 2. The grievant and the immediate administrator Union, not an individual employee, has exclusive authority to determine whether a grievance shall confer with a view to arriving at a mutually satisfactory resolutionbe escalated beyond Step 1. If the union decides that the grievance is has not been satisfactorily resolved at Step 1, then the grievant shall reduce Union may submit the grievance to in writing and submit the same to the Step 1 administrator affected employee’s supervisor within five (5) school days, but in no event working days of the initial Step 1 discussion. All grievances should be submitted on an AFSCME grievance form indicating: • The date of the Step 1 discussion; • A detailed statement of the facts; • A citation to the section of the Agreement that was allegedly violated. All documents relevant to the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievanceshould be attached to the grievance form. PSASA shall supply the standard The grievance form which shall contain must be signed and dated by an authorized official with the following information: - Name Union. The affected employee’s supervisor must sign and position date the grievance form to memorialize receipt by the employer. This does not exclude the Union from adding additional facts and materials throughout the grievance process as additional facts or relevant documents become known. Within five (5) working days of the aggrieved employee - A statement receipt of the grievance, including the relevant date - A reference supervisor and the Union and the affected employee shall meet and discuss the grievance in an effort to resolve it. Within five (5) working days following such meeting, the supervisor shall give the Union a written answer to the applicable provisions of this Agreement and/or Board policygrievance.
Step 3. If the Union decides that the grievance was not satisfactorily resolved at Step 2, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with Union may advance the grievant, and such meeting shall be held and a decision in writing rendered grievance to the Department Head within five (5) school daysworking days of receipt of the Supervisor’s answer. In Within ten (10) working days of receipt of the event grievance, the Department Head or his or her designee and the Union shall meet and attempt to resolve the grievance. Within five (5) working days following such meeting, the Department Head shall give the Union a written answer to the grievance.
Step 4. If the Union decides that the grievant's immediate administrator is a Director III or Area Executive Officergrievance was not satisfactorily resolved in Step 3, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step Union may be appealed submit in writing by the grievant grievance to the Step 2 administrator Mayor within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school working days of receipt of the appealDepartment Head’s answer. The aggrieved party will receive at least two (2) school day's notice of Mayor shall review the meeting matter promptly and an opportunity to shall make a final decision which shall be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons communicated to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed Union in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.fifteen
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be deemed waived and barred and outside the jurisdiction of an arbitrator if it is not presented and adjusted in writing within the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen of twenty (1520) school days of the occurrence complained of or twenty (20) school days after knowledge by the staff member administrator would be reasonably expected to know of its occurrence. An employee processing a grievance shall be assured freedom from interference, coercion, discrimination or reprisal. In the facts giving rise presentation of a grievance, an employee shall have the right to the act present his/her own appeal or condition which is the basis of to designate a representative to appear with him/her at any step in his/her appeal. An employee shall first present his/her grievance. The grievant and the , verbally, his/her immediate administrator shall confer with a view to arriving at a mutually satisfactory resolutionsupervisor. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator employee’s satisfaction within five (5) school days after discussing with the decision of immediate supervisor, the Step 1 administrator or his designated representative has been received. The Step 2 administrator or employee may submit his/her designated representative shall meet with grievance to the grievant within Superintendent of Schools in writing specifying:
a. The interpretation, application or violation of this Agreement or Board policy or Administrative decision which affects a term and condition of employment, and
b. The specific section of the Agreement, Board policy or Administrative decision allegedly violated, and
c. The extent of the injury, loss, or inconvenience resulting from the alleged violation of the term or condition of employment, and
d. The date of the alleged interpretation, application, or violation, and
e. The specific remedy sought. Within five (5) school days of from the receipt of this written grievance (unless a different period is mutually agreed upon) the appeal. The aggrieved party will receive Superintendent may hold a hearing at least two (2) school day's notice of which all parties in interest shall have the meeting and an opportunity right to be heard. The Step 1 administratorIf the Superintendent does not render a decision within ten (10) workdays of the receipt of the written grievance, or his/her designated representativeif the Superintendent’s decision is unsatisfactory to either party, then the dissatisfied party may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons appeal to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3Board of Education. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may Such appeal must be appealed in writing by the grievant to the CEO submitted within five (5) school days after the decision of the Step 2 administrator or Superintendent’s decision or, in the event the Superintendent does not render a timely decision, within fifteen (15) days of the date the written grievance was submitted to the Superintendent. Where an appeal is taken to the Board, there shall be submitted by the appellant:
a. the writings set forth in a through d, above.
b. a copy of said materials shall be furnished to the Superintendent If the grievant in his/her designated representative has been receivedappeal to the Board, does not request a hearing, the Board may consider the appeal on the written record submitted to it, or the Board may, on its own, conduct a hearing, or it may request the submission of additional written material. Where additional written materials are requested by the Board, copies thereof shall be served upon the adverse parties who shall have the right to reply thereto. Where the appellant requests in writing a hearing before the Board, a hearing shall be held. The CEO or his designated representative Board shall meet with the grievant make a determination within forty-five (545) school days of from the receipt of the appeal. The grievant will receive at least two (2) school days' notice of grievance and shall in writing notify the meeting and an opportunity to be heard. The Step 3 administrator or employee, his/her designated representative if there be one, the principal and the Superintendent of its determination. The time period may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision extended by mutual agreement of the foregoing step may be appealed in writing parties. If the aggrieved person is not satisfied with the disposition of the grievance as determined by the aggrieved party to Board, or if no decision has been rendered within the Board within forty- five (545) school days after the decision grievance was delivered to the Board of Education, a grievance which is based solely upon an alleged violation, misinterpretation or misapplication of the CEO or his/her designated representative has been receivedexpress written terms of this Agreement may be submitted to advisory arbitration. In all other grievances, the disposition of the grievance by the Board will be final. The Board and the Association shall attempt in good faith to agree upon a mutually acceptable arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such commitment within the specified period, a request for a list of arbitrators may hear be made to the appeal or it may refer the matter for hearing to a Hearing Officer to be designated American Arbitration Association by said Boardeither party. The grievance parties shall then be heard fifteen (15) school days after bound by the receipt rules and procedures of the appeal by American Arbitration Association in the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion selection of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsarbitrator.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:A. Initial Communication
1. Immediate Administrator-B. Step 1 The (Formal – Initial step) In the event that the grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by or grievants are not satisfied with the staff member disposition of the facts giving rise to grievance at the act Initial Communication, the employee or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If Association may present the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to in writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school work days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule employee’s supervisor who will arrange for a meeting with the grievant, and such meeting shall be held and a decision in writing rendered to take place within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision work days after receipt of the foregoing step may grievance. A member of the MEA, the aggrieved teacher, and his/her supervisor shall be appealed in writing by present at the grievant to meeting. The supervisor must provide the Step 2 administrator aggrieved teacher and the Association with a written answer on the grievance within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
C. Step 2
D. Step 3
E. Step 4
1. Area Executive Officer or Designee —Step 3 The decision If the grievant is not satisfied with the resolution of the foregoing step grievance at Step 3, a written request may be appealed in writing by the grievant submitted to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing OfficerAssociation, within five (5) school working days after it has received following receipt of the responses Step 3 written decision, that the grievance be submitted to arbitration. The Association President or designee shall notify the Superintendent of the appeal upon receipt. The Association shall make the final determination whether to appeal the grievance to arbitration, make such appeal by filing a written notice of appeal to arbitration with the Superintendent within ten (10) days of the grievant’s request. Any grievance not appealed to arbitration within the limits above shall constitute a waiver of such grievance.
2. Within twenty (20) days of submission of the appeal for arbitration, the Association shall petition the American Arbitration Association (AAA) to provide both parties a listing of arbitrators. Each party may request a second list of arbitrators.
3. The parties shall select an arbitrator in accordance with the voluntary labor arbitration rules of the AAA.
4. The arbitrator shall conduct such hearings, with the mutual approval of both parties, as are necessary to reach a fair and impartial decision on the grievance as stated in accordance with the rules and regulations of the AAA, unless otherwise stated herein.
5. The arbitrator’s decision shall be issued within a time limit agreed to by the Board, Association and the arbitrator.
6. Neither party shall be permitted to assert in such arbitration proceedings any grounds or evidence not previously disclosed to the Hearing Officer's findingsother party in the Initial Communication through Step 3. If no responses are receivedIn grievances alleging violations of the provisions for transfer and assignment, the arbitrator will not have the power to determine who shall be placed in position, but will have the power only to decide if there was a violation of the procedures.
7. The arbitrators shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this agreement, nor add to, detract from, or modify the language therein arriving at a determination of any issue presented. The arbitrator shall expressly confine himself to the precise issue(s) submitted for arbitration and have no authority to determine any other issues not so submitted to him/her or to submit observations or declarations of opinion which are not directly in reaching the determination. The decision of the arbitrator shall be in accordance with law and shall be binding on the Board of Education and the Association, and grievant(s).
8. Each party shall render bear its final decision within own costs or representation at the arbitration hearing, including the cost of any transcript ordered by that party in accordance with AAA guidelines. The cost of the AAA, the arbitrator, and his/her expenses shall be shared equally by the Board and the Association.
9. Employees required to appear at an arbitration hearing scheduled during the regular work day will be given release time without loss of pay. This will apply to a maximum of five (5) school days after receipt of the Hearing Officer's findingsemployees.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A In the event that an employee believes there is a basis for a grievance, the employee may first discuss the alleged grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of with his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolutionbuilding principal or other appropriate supervisor either personally or accompanied by his/her Association representative. If the grievance is not resolved at Step 1thus resolved, then formal grievance procedures may be instituted. However, the exhaustion of the informal procedure is not a condition precedent in invoking the formal grievance procedure.
STEP I The grievant shall reduce may invoke the formal grievance procedure through the Association on the grievance to writing and submit form which will be available from the same Association representative in each building. A copy of the grievance form shall be delivered to the Step 1 administrator within five (5) school days, but in no event should principal or appropriate supervisor. If the grievance remain unresolved at Step 1 for involves more than one school building, it may be filed with the Superintendent or a representative designated by the Superintendent. A grievance must be filed within twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement occurrence of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then which he/she shall skip Step 2.
2. Director III, Area Executive Officer complains or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five twenty (520) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with time when the grievant within learned of the occurrence of which he/she complains, whichever is later. Within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of written grievance, the meeting and an opportunity to be heard. The Step 1 administrator, principal or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative appropriate supervisor shall meet with the grievant in an effort to resolve the grievance. The principal or appropriate supervisor shall indicate his/her disposition of the grievance in writing within five (5) school days of receipt such meeting and shall furnish a copy thereof to the Association and grievant.
STEP II If the grievant is not satisfied with the disposition of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator grievance or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but if no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board disposition has been made within five (5) school days after of such meeting or ten (10) days from date of filing, whichever shall be later, the decision of grievance shall be transmitted to the CEO Superintendent. Within five (5) school days the Superintendent or his/her designated representative has been received. The Board may hear designee shall meet with the appeal or it may refer Association on the matter for hearing to a Hearing Officer to be designated by said Board. The grievance and shall be heard fifteen indicate his/her disposition of the grievance in writing within five (155) school days after of such meeting and shall furnish a copy thereof to the receipt Association and grievant.
STEP III If the grievant is not satisfied with the results of Step II, or in the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, event that no agreeable resolution is reached within ten (10) school days after he/she or the completion Association has first met with the Superintendent, he/she may ask the local Association to request a meeting with the Board of Directors through the hearing Superintendent or receipt through the Chairman of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings individual may, if he/she wishes, take such action himself, requesting such counsel or assistance from the Association as he/she may desire. The Board of Directors shall within twenty-five (25) days of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findingsrequest, confer with the individual and/or representatives of the local Association to hear the individual's grievance and attempt to reach a satisfactory solution. The Board shall render indicate their disposition of the grievance in writing of such meeting, and shall furnish a copy thereof to the Association.
STEP IV If the Association is not satisfied with the disposition of the grievance by the Board or if no disposition has been made within the period above provided, the grievance, only at the option of the Association, may be submitted before an impartial arbitrator. The Association shall exercise its final decision right of arbitration by giving the Superintendent written notice of its intention to arbitrate within five twenty (520) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after of receipt of the Hearing Officer's findingswritten disposition of the Board. The arbitrator shall be selected by the American Arbitration Association or the Federal Mediation & Conciliation Service. The parties shall separately rank and strike the names of arbitrators on the list and return their list to the appropriate agency for final arbitrator selection. Hearings shall be conducted in accordance with rules of the agency selected. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground rules, except as provided in "Jurisdiction of the Arbitrator", or to rely on any evidence not previously disclosed to the other party. The decision of the arbitrator shall be final and binding upon both parties.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall Since it is important that grievances be presented processed as rapidly as possible, the number of days indicated at each level are maximums and adjusted in every effort should be made to expedite the following manner:process. However, the time limits may be extended by mutual agreement of the parties.
A. Level One
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant An employee and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if requested by the matter has been referred to a Hearing Officeremployee, shall, within five (5) school working days after it has received of the responses occurrence of the grievance, orally discuss the matter with the immediate supervisor with the objective of resolving the matter informally. All grievances of disciplinary action shall begin at level two in writing on the proper form. However, the foregoing time limit shall be waived up to twenty (20) working days in those cases where the grievant could not have been reasonably expected to know that a contract violation had taken place. If the aggrieved is not satisfied with the disposition from the oral discussion and wishes to further pursue the matter, he/she shall file the grievance in writing on a grievance form provided by the Board. The written grievance must be submitted to the Hearing Officer's findings. If no responses are receivedDirector of Buildings and Grounds or Supervisor of Transportation whichever is appropriate, the Board shall render its final decision within five (5) school working days of the discussion of the grievance.
2. Within three (3) working days of the filing date, the Director of Buildings and Grounds or the Supervisor of Transportation or his/her representative shall meet with the aggrieved and the grievance committee* in an effort to resolve the grievance. A written answer shall be given within three (3) working days after such meeting.
B. Level Two
1. If the aggrieved is not satisfied with the disposition of the grievance at Level One, the proper form as provided by the Board, shall be forwarded within three (3) working days thereafter by the employee to the Assistant Superintendent for Human Resources or designee, stating a desire to pursue grievance to Level Two. At this level, the grievance form must be co-signed by the aggrieved and the Association and one signed and dated copy retained by the Association. *The grievance committee shall consist of no more than three persons.
2. Within seven (7) working days of receipt of such grievance, the Assistant Superintendent for Human Resources or designee, will meet with the aggrieved and the grievance committee to discuss the issue. A written answer shall be given to the aggrieved and the N.I.E.A. representative within fifteen (15) working days after receipt of such grievance.
C. Level Three The grievance shall be deemed settled on the basis of the answer given by the Assistant Superintendent for Human Resources or designee, unless within thirty (30) calendar days after receipt of the Hearing Officer's findingsanswer of the Assistant Superintendent for Human Resources or designee, or the expiration of the time for him/her to answer, whichever is earlier, the grievance is appealed to arbitration by the N.I.E.A. Any such appeal shall be made within that period by written demand for arbitration served upon the Assistant Superintendent for Human Resources. An exception to the foregoing shall be a grievance which does not fall within the jurisdiction of the arbitrator, as provided below, in which event the parties shall have recourse to their rights provided by law with respect to any answer given by the Assistant Superintendent for Human Resources which is not accepted as satisfactory settlement of the grievance. An exception to this procedure will be a mutually agreed upon meeting two weeks prior to an arbitration date for the parties to meet for a final attempt to settle before arbitration. If there is no agreement at this final meeting the arbitration procedure will continue.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall For the of adjusting grievances arising the interpretation, administrationor alleged violation of any part of Collective Agreement this grievanceprocedure be presented followed. Any complaint of an employeemust be taken up verballyby the employee and adjusted in his ▇▇▇▇▇▇▇ the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolutionsupervisorconcerned. If the grievance complaint is not resolved at Step 1settled, then it becomes a grievance and shall be processed accordingly. Grievances shall be taken up as follows: As soon as possible the grievant shall reduce alleged grievance becomes apparent but in any event calendar days the alleged occurrence, the grievance to writing and submit the same must be presented to the Step 1 administrator within five (5) school days, but supervisorconcerned by the ▇▇▇▇▇▇▇ in no event should on forms provided by the grievance remain unresolved at Step 1 for twenty (20) school Company and agreed to by the Union. Within calendar days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement presentation of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policyDivisional Manager or his representative, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule will bold a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Union ▇▇▇▇▇▇▇, Chief ▇▇▇▇▇▇▇ or his representative, and Appelleethe supervisor, at which time an effort will be made to settle the grievance. The Divisional Manager or his will reply in to the Union ▇▇▇▇▇▇▇, advising of his decision within calendar days the meeting. If the Divisional Manager’s decision is not satisfactory, the Hearing Officer shall submit his/her findings Union will make a request, within calendar days ofreceiving the Divisional Manager’s decision, for a meeting with the Plant Manager or his representative. Within calendar days of factreceivingthe request, conclusions of law the Company will meet with the Union Grievance Committee. The Plant Manager or his representative will make his on the dispositionof the grievance in writing and recommendations send it by registered mail to the Board. The findings of the Hearing Officer shall Grievance Committee within calendar days of his meeting with the Also copies of such decisions or will be distributed to both parties. Either party shall have delivered by the right to submit a written response Support Services Department to the Board Union Secretary-Treasurer, Union President and National Representative. If the Union requests arbitration, the request must be made in within five (5) school calendar days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsPlant Manager’s decision.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen A. STEP I Within ten (1510) school working days after knowledge by the staff member of the facts giving occurrence which gives rise to the act grievance or condition which is ten (10) working days from when the basis employee should have known, the employee must present a written statement of the grievance to the employee's supervisor. The matter shall be discussed at a meeting of the parties, and a decision given to the employee within seven (7) working days of receipt of the grievance. Grievances arising at the Superintendent's level shall be filed directly with the Superintendent or his/her grievancedesignee within ten (10) working days. Grievances arising at the Superintendent's level refer to allegations by an employee, a group of employees, or the Union that the Superintendent or Assistant Superintendent misinterpreted or misapplied a specific section of this Agreement. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator Superintendent or his/her designee shall schedule a meeting meet with the grievantparties within seven (7) working days within receipt of the grievance and respond in writing within ten (10) working days of receipt of the grievance. If the Union is dissatisfied with the answer, and such meeting the parties shall proceed to Step III.
B. STEP II If the grievant is not satisfied with the disposition of the grievance at Step I, the written grievance shall be held and a decision in writing rendered presented to the Superintendent of Schools or his/her designee within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school working days of receipt of the appeal. decision at Step I. The aggrieved party will receive at least two (2) school day's notice of grievance shall be considered by the meeting and an opportunity to be heard. The Step 1 administrator, Superintendent or his/her designated representativedesignee, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative who shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting parties and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The render a decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school working days after of its receipt.
C. STEP III Should the completion Union be dissatisfied with the answer at the previous step, they shall notify the Superintendent in writing within ten (10) working days of the hearing or receipt answer of documents their desire to proceed to arbitration. Any grievance submitted by ▇▇▇▇▇▇▇▇▇ to arbitration shall be referred to an arbitrator selected under the procedures of the American Arbitration Association. The parties may, upon mutual agreement, utilize the services of another arbitration service provider. Only the Union, and Appelleenot any individual employee, may decide to proceed to arbitration. In any arbitration proceeding, the Hearing Officer arbitrator shall submit his/her findings of fact, conclusions of law hear and recommendations to the Boarddecide only one grievance. The findings arbitrator shall be required to comply with all of the Hearing Officer provisions of this Agreement, and shall have no power to add to, subtract from, or in any way modify the terms of this Agreement. The arbitrator's decision shall be distributed to both final and binding. All costs for arbitration shall be borne equally by the parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A 1. In the event a grievance is filed at such time that it cannot be processed through all the steps in this grievance procedure by the end of school year, the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable. The time periods set forth in these procedures are intended to be maximum limits. Every effort shall be presented and adjusted in made to expedite the following manner:procedure.
12. Immediate Administrator-Step 1 Level One The grievant shall present a first discuss the grievance orally to his with his/her immediate administrator superior within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by workdays of its occurrence to resolve the staff member matter informally. The grievant shall submit in writing to his/her immediate superior, the nature of the facts giving rise grievance and the remedy sought at this time. The immediate superior shall respond, in writing, to the act or condition which grievant within five work days of the Level One meeting.
3. Level Two If the grievant wishes to proceed to Level Two, he/she must forward his/her grievance, in writing, to the Superintendent within five work days of the receipt of the Level One response and so notify the Level One administrator in writing. Failure to do so means the issue is resolved. The Superintendent shall meet with the basis grievant and/or his/her representatives within ten work days of receipt. At his discretion, the Superintendent may require the presence of the immediate superior at that meeting. The Superintendent shall respond, in writing, to the grievant within five work days of the Level Two meeting.
4. Level Three If the grievant and/or his/her representatives wish to proceed to Level Three, he/she must forward his/her grievance, in writing, to the Board of Education within five work days of his/her receipt of the Level Two response and so notify the Superintendent. Failure to do so means the issue is resolved. Within ten working days of receipt of the grievance, the Board shall notify the grievant, in writing, as to whether or not a hearing will be held. If a hearing is set, it must be held within twenty work days of the Board's receipt of the grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting representatives would meet with the grievant, and such meeting Board and/or its representatives. The Board's decision shall be held and a decision communicated, in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officerwriting, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school workdays of this meeting. If a hearing is not set, the Board's decision shall be communicated, in writing, to the grievant within 30 work days of the Board's receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meetinggrievance.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A Nothing in this article will be interpreted as discouraging or prohibiting informal discussions of a dispute by the employee and the Employer prior to the filing or starting of a grievance. If initiated, each grievance shall will be presented and adjusted processed in the following manner:
Step 1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen Supervisor/Employer designee. Within five (155) school working days after knowledge by the staff member of the facts dispute giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall an employee will reduce the his grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievantwriting, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then hefile it with his Supervisor/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said BoardEmployer designee. The grievance shall must be heard fifteen (15) school days after filed on a grievance form setting forth the receipt details of the appeal grievance as required by Section 2 and be dated and signed by the Boardemployee and the Union representative. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇A ▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit having an individual grievance in connection with his/her findings of fact, conclusions of law and recommendations to the Board. The findings own work may ask for any member of the Hearing Officer shall be distributed grievance committee to both partiesassist him/her in adjusting the grievance with his/her supervisor. Either party shall have Within five (5) working days after the right to submit grievance is filed at Step 1, the Supervisor/Employer designee will provide a written response to the Board within five (5) school days after receipt of grievance to the findingsaggrieved employee.
Step 2. The Board shall render its final decision within five (5) school days after it has heard Department Head/Employer designee. If the grievancegrievance is not satisfactorily settled at Step 1, or, if the matter has been referred to a Hearing OfficerGrievant will, within five (5) school working days after it has received receipt of the responses Step 1 answer or a default rejection based on non-response within the Step 1 timeline, file an appeal of the Step 1 result with the employee's Department Head. The appeal will be dated and signed by the employee and the Union representative and will include all of the initial paperwork or other grievance documents filed at the preceding step(s). A grievance identification will be assigned by the Human Resources Department. The Department Head/Employer designee will schedule a meeting to discuss and evaluate the Hearing Officer's findings. If no responses are received, grievance or deny the Board shall render its final decision grievance within five (5) school working days of receiving the Step 1 appeal. If a meeting is held, the Department Head/Employer designee will provide a written answer to the aggrieved employee within five (5) working days after such meeting.
Step 3. Mayor/designee. If the grievance is not satisfactorily settled at Step 2, the grievant will, within five (5) working days after receipt of the Hearing Officer's findingsStep 2 answer or a default rejection based on non-response within the Step 2 timeline, appeal in writing to the Mayor. The appeal will be dated and signed by the employee and the Union representative and will include all of the initial paperwork or other grievance documents filed at the preceding step(s). The Mayor and/or his designee will within five (5) working days of receipt of appeal schedule a meeting to discuss and evaluate the grievance or deny the grievance. If a meeting is held, the Mayor/designee will give his answer to the Local Union President in writing with a copy to the aggrieved employee within five (5) working days after such conference. The Ohio Council 8 Regional Director or members of the Regional Director’s staff may attend any Step 3 meeting. A copy of the answer will also be submitted to Ohio Council 8 within five (5) days after such Step 3 meeting.
Step 4. Arbitration. If the grievance is not satisfactorily settled at Step 3, it may be submitted for arbitration upon request of the Union in accordance with Section 6 of this article.
A. A policy grievance which affects all or a substantial group of employees and arising from the same event or set of facts may initially be presented by the Union itself at Step 3 of the grievance procedure, subject to the applicable time limitations as if filed at Step 1. All affected employees will be listed on the grievance form.
B. Grievances involving the discharge of an employee, or any other running back-pay liability case, will be brought initially to Step 3 of the grievance procedure, subject to the applicable time limitations as if were filed at Step 1.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Informal Step 1 The grievant shall present Any professional staff member or group of professional staff members having a grievance orally to his immediate administrator must first discuss the grievance with the building principal within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts action giving rise to the act or condition which is the basis of his/her grievance. The grievant has the right to be accompanied by a Third Party as defined above at any step of the grievance process. Step One If the discussion does not resolve the grievance to the satisfaction of the grievant, the grievant shall have the right to lodge a written grievance with the building principal within twenty (20) days after the informal step meeting. The written grievance shall be on a standard form and the immediate administrator shall confer with contain a view to arriving at a mutually satisfactory resolution. If statement of facts upon which the grievance is not resolved at Step 1based and a reference to the specific provision of the negotiated agreement, then the Board of Education policy, or individual teacher contract, allegedly violated or misapplied. The grievant shall reduce have the right to request a hearing before the building principal. The request shall appear on the grievance to writing form, and submit the same to the Step 1 administrator a hearing shall be conducted within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position receipt of the aggrieved employee - A statement request. The hour and day of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting hearing shall be held by mutual consent and at a decision in writing rendered place agreed upon by both parties. The building principal shall take action on the written grievance within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision days from receipt of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within grievance or five (5) school days after the decision hearing, if applicable. The action taken and the reasons for the action shall be reduced to writing and copies sent to the grievant, the Ottawa Hills Education Association, and the Superintendent. (5) days after receipt of the Step 1 administrator or his designated representative has been receivedrequest. The Step 2 administrator or his/her designated representative hour and day of the hearing shall meet with be by mutual consent and at a place agreed upon by both parties. The Superintendent shall take action on the appeal of the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been receivedhearing is held. The CEO or his designated representative action taken and the reasons for the action shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting be reduced to writing and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons copies sent to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appelleegrievant, the Hearing Officer shall submit his/her findings of factOttawa Hills Education Association, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsbuilding principal.
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
Procedure. A grievance Level One: An employee or the Association, believing there has been a violation of this Agreement, shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to alleged violation orally discuss the act or condition which is the basis of grievance with his/her grievanceimmediate supervisor or designee in an attempt to resolve the matter. The grievant If the grievance involves more than one department, it may be filed with the Superintendent or his/her designee. If no resolution is obtained, the grievance shall be reduced to writing within five (5) days of the Level One discussion and the immediate administrator shall confer with a view forwarded to arriving at a mutually satisfactory resolutionLevel Two. Level Two: If the grievance is not resolved at Step 1Level One, then a copy of the grievant written grievance shall reduce be filed with the grievance to writing and submit the same to the Step 1 administrator immediate supervisor or designee, within five (5) school days, but in no event should days of the discussion at Level One. Copies of the written grievance remain unresolved at Step 1 for twenty shall be given to the Local Association Representative and the Superintendent or designee. Within five (205) school days after knowledge of grievance. PSASA shall supply receiving the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the written grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator immediate supervisor or his/her designee shall schedule a meeting will meet with the grievantgrievant(s) and not more than two (2) Association representatives from the local Association in an effort to resolve the grievance. Within five (5) days of the discussion, and such meeting the immediate supervisor or designee shall be held and render a decision in writing writing, transmitting a copy of the decision to the grievant(s), the Local Association President, and the Superintendent. If no decision is rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision days of the foregoing step meeting or the decision is unsatisfactory to the grievant(s) or the Association, the grievance may be appealed in writing at Level Three. Any Level Three appeal must be made by filing a copy of the grievant to written grievance, along with any previous responses, with the Step 2 administrator Superintendent. Any such appeal must be made within five (5) school days after the decision of the Step 1 administrator or his designated representative has been receivedLevel Two meeting. The Step 2 administrator or his/her designated representative Level Three: A copy of the written grievance shall meet be filed with the grievant within five (5) school days of receipt of the appealSuperintendent as specified in Level Two. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than Within ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findingswritten grievance, the Superintendent or designee shall meet with the grievant(s) and not more than two (2) Association Representatives in an effort to resolve it. The Board Within ten (10) days of the meeting, the Superintendent or designee shall render its final a written decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses and forward copies to the Hearing Officer's findingsgrievant(s), the Local Association President and the immediate supervisor. If no responses are received, the Board shall render its final decision is rendered within five (5) school days after receipt of the Hearing Officer's findings.ten
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Procedure. A A. Level I - Within fifteen (15) calendar days, excluding holidays scheduled during the school year, of learning of the occurrence of an event, a staff member(s) may resolve a grievance shall be presented and adjusted in the following mannerby:
1. Immediate Administrator-Step 1 Going to the principal with the problem, or
2. Asking the Staff Member Communication Committee to discuss the problem with the principal, or
3. Going with the Staff Member Communication Committee to discuss the problem with the principal. The grievant principal shall present respond to a request for communication within ten (10) calendar days of such request. If the problem is not concluded to the satisfaction of the staff member(s) the principal shall provide the staff member(s) with a written answer within ten (10) calendar days.
4. Each of the options (1, 2, 3 above) shall include submitting the grievance orally in writing using the form in Appendix A.
B. Level II - If the problem is not concluded to his immediate administrator the satisfaction of the staff member(s) after he/she has followed Level I above, he/she must within ten (10) calendar days file the problem with the Chairman of the Professional Rights and Responsibilities Committee (PR&R) of the Association. Within ten (10) calendar days of such filing, the PR&R Committee shall notify the Superintendent of the intention to pursue the grievance at Level II. Within ten (10) calendar days of receiving written notice of the grievance, the Superintendent shall provide the aggrieved person(s) with a reasonable timehearing. The PR&R Committee shall, but in no event longer than fifteen (15) school days after knowledge by together with the staff member who has filed the problem, meet with the Superintendent to resolve the differences. Within ten (10) calendar days of the facts giving rise to hearing the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator Superintendent shall confer with provide a view to arriving at a mutually satisfactory resolution. written reply.
C. Level III - If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing OfficerLevel II, within ten (10) school calendar days after the completion staff member(s), PR&R Committee and the Board or its representative(s) shall discuss the problem and arrive at a solution. The Superintendent shall provide a written reply of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written ’s response to the Board within five (5) school calendar days.
D. Level IV - If an aggrieved person(s) is not satisfied with the decision at Level III, the grievance shall be submitted to the Board of Personnel Appeals for arbitration within thirty (30) calendar days after receipt of the findings. The Board shall render its final decision within five (5Superintendent’s response provided this action is approved by both the aggrieved person(s) school days after it has heard and the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt PR&R Committee of the Hearing Officer's findingsAssociation.
Appears in 2 contracts
Sources: Professional Agreement, Professional Agreement
Procedure. Level One A grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present Paraprofessional having a grievance orally to his shall, with or without a representative of the Association, discuss it with their immediate administrator supervisor and/or the principal within a reasonable time, but in no event longer than fifteen ten (1510) school days after knowledge by the staff member of the facts giving rise to date on which the act Paraprofessional had knowledge or condition reasonably should have had knowledge of the occurrence of the event upon which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievancebased. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A Any meeting with reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting above normally shall be held and a decision in writing rendered within five (5) during non-school dayshours. It is understood that the Association may file any grievance at Level One with or without the Paraprofessional involved. Level Two In the event that the grievant's immediate administrator is a Director III grievance shall not have been satisfactorily resolved at Level One, or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The in the event that no decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator has been reached within five ten (510) school days after the decision presentation of the Step 1 administrator grievance to the immediate supervisor and/or principal, the grievance shall be reduced to writing and referred to the Superintendent, or his designated representative has been received. The Step 2 administrator their designee, by the aggrieved employee or his/her designated representative shall meet with by the grievant Association within five (5) school days of receipt the disposition under Level One. The Superintendent, or their designee, shall represent the School Committee at this level of the appealgrievance procedure. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than Within ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal written grievance by the BoardSuperintendent or their designee, the Superintendent or their designee shall meet with the aggrieved employee and the designated representative of the Association in an effort to settle the grievance. AlternativelyLevel Three In the event that the grievance shall not have been satisfactorily resolved at Level Two, PSASA may elect at or in the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, event that no decision has been rendered within ten (10) school days after the completion level Two meeting, the grievance shall be referred in writing within ten (10) school days of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appelleedisposition under Level Two to the School Committee. At its next regular School Committee meeting, the Hearing Officer Committee shall submit his/her findings of factmeet with the Association in an effort to settle the grievance. If a special meeting is requested, conclusions of law and recommendations to the Board. The findings of the Hearing Officer it shall be distributed to both partiesheld as soon as possible, but in no event, later than two (2) weeks after it has been requested. Either party Level Four
1. In the event that the grievance shall not have been satisfactorily resolved at Level Three, or in the right to submit a written response to the Board event that no decision has been rendered within five ten (510) school days after receipt of the findings. The Board shall render its final decision Level Three meeting, the Association may refer in writing within five ten (510) school days after it has heard of the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are receiveddisposition under Level Three, the Board unsettled grievance to arbitration, provided, however, that only grievances that involve in interpretation, meaning or application of this Agreement shall render be subject to arbitration. The Arbitrator shall be selected by the American Arbitration Association in accordance with its final decision within five (5) school days after receipt rules and regulations. Both parties shall share the fees and expenses of the Hearing Officer's findingsArbitrator equally.
2. The decision of the Arbitrator shall be final and binding on the Committee, the Association, and any individual involved, provided that the Arbitrator shall be without power and authority to modify or alter the terms of this Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. 1. LEVEL 1 - SUPERVISING ADMINISTRATOR
a. A copy of the written grievance shall be presented and adjusted in submitted to the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis aggrieved party within ten (10) days of his/her grievance. The grievant becoming aware of the alleged violation, or said grievance shall no longer exist.
b. A meeting shall be mutually agreed upon between the aggrieved and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement filing of the grievance, including . Either the relevant date - A reference aggrieved or the administrator or both may have present at said meeting such persons as may provide information related to the applicable provisions of grievance. Discussion at this Agreement and/or Board policy, if any - The corrective action requested - Signature meeting shall be confined to the issues as stated in the grievance and the relief sought.
c. Within five (5) days of the meeting, the administrator shall provide the aggrieved employee - Date submitted and time The Step 1 administrator or with a written response stating his/her designee position and suggestions for resolution of the grievance. A copy shall schedule be sent to the Superintendent.
2. LEVEL 2 - SUPERINTENDENT
a. If the supervising administrator misses a meeting Level 1 deadline or the aggrieved is not satisfied with the grievantsuggestion for resolution received in Level 1, and such meeting shall be held and a decision in writing rendered he/she may within five (5) school days. In days of the event that missed deadline or receipt of the grievant's immediate administrator is written response submit his/her written grievance to the Superintendent and request a Director III or Area Executive Officer, then he/she shall skip Step 2meeting to discuss the grievance.
2. Director III, Area Executive Officer or Designee —Step 2 b. The decision of the foregoing step may meeting shall be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step request.
c. The meeting shall be conducted in a manner as stated in Level 1.
d. Within five (5) days of the meeting, the Superintendent shall provide the aggrieved and the immediate administrator of Level 1 administrator or his designated representative has been received. The Step 2 administrator or with a written response stating his/her designated representative position and suggestion for resolution of the grievance.
3. LEVEL 3 - BOARD
a. If the action taken by the Superintendent does not resolve the grievance to the satisfaction of the employee or group or a Level 2 deadline is missed, such employee or group may appeal in writing to the Board of Education. The notice of appeal shall meet be sent to the Superintendent and a copy will be filed with the grievant Treasurer of the Board of Education. Failure to file such appeal within five (5) school days of from the missed deadline or receipt of the written memorandum of the Superintendent’s action on said grievance shall be deemed a waiver of the right of appeal. The aggrieved party will receive at least two (2) school day's notice Superintendent shall place the grievance on the agenda for the next meeting of the meeting and an opportunity Board of Education. The aggrieved employee shall have the right to be heard. The Step 1 administrator, represented at such meeting by counsel or by a representative of his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meetingemployee organization.
3. Area Executive Officer or Designee —Step 3 b. The decision Board of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative Education shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but act upon such appeal no later than ten (10) school days after such its next regular meeting. The Board of Education's action shall be based upon the information presented by the Superintendent and arguments presented by or on behalf of the bargaining unit member. A copy of the Board's decision shall be sent to the grievant, Association President, Superintendent, and appropriate administrators.
4. Board-Step LEVEL 4 The decision - ARBITRATION
a. If a Level 3 deadline is missed or the aggrieved is not satisfied with the resolution of the foregoing step grievance in Level 3, he/she may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing Board's written response or missed Level 3 deadline submit a written request to the Board and the Association that the grievance be submitted to arbitration. The Association shall determine whether to appeal the grievance to arbitration, making such appeal shall be made by filing with the Superintendent a written notice of appeal to arbitration within ten (10) days of the grievant’s receipt of documents submitted the Board’s Level 3 disposition of the grievance or missed Level 3 deadline. Any grievance not appealed to arbitration within the 10-day limit above shall constitute waiver of such grievance.
b. The arbitrator shall be selected by ▇▇▇▇▇▇▇▇▇ the Association President or designee and Appelleethe Superintendent or designee for the Board.
c. If the Association President or designee and the Superintendent or designee cannot agree on an arbitrator, the Hearing Officer parties shall submit his/her findings jointly petition the American Arbitration Association for a list of fact, conclusions of law and recommendations to at least seven (7) names from which the Board. The findings of the Hearing Officer arbitrator shall be distributed to both partiesselected by the alternate strike method. Either party shall be entitled to request a second list.
d. The arbitrator shall hold such meetings as are necessary to reach a fair and impartial opinion on the grievance as stated in accordance with the rules and regulations of the American Arbitration Association.
e. The arbitrator shall not have the right authority to submit a written response to the Board within five (5) school days after receipt add to, subtract from, modify, change or alter any of the findings. The Board shall render its final decision within five (5) school days after it has heard provisions of this negotiated Agreement, nor add to, detract from or modify the grievance, or, if the matter has been referred to language therein in arriving at a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt determination of any issues presented.
f. Cost of the Hearing Officer's findingsarbitrator shall be shared equally by the Association and the Board.
g. The decision of the arbitrator will be final and binding.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 a. STEP I - The grievant shall may present a the grievance orally in writing to his immediate administrator the immediately involved supervisor within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts event or reasonable knowledge of the event giving rise to the act or condition which is grievance, who will arrange for a meeting to take place within ten (10) days after receipt of the basis of his/her grievance. The grievant shall specify in writing the article and clause alleged to have been violated and stating the remedy sought. The Association's representative, the grievant, and the immediate administrator immediately involved supervisor shall confer be present for the meeting. Within ten (10) days of the meeting, the grievant and the Association shall be provided with a view to arriving at a mutually satisfactory resolution. the supervisor's written response, including the reasons for the decision.
b. STEP II - If the grievance is not resolved at Step 1I, then the Association or grievant shall reduce may refer the grievance to writing and submit the same to Superintendent or the Step 1 administrator Superintendent's official designee within five ten (510) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision receipt of the Step 1 administrator or his designated representative has been receivedI answer. The Step 2 administrator or his/her designated representative Superintendent shall meet arrange with the grievant Association representative for a meeting to take place within five ten (510) school days of the Superintendent's receipt of the appeal. The aggrieved party will receive at least two Within ten (210) school day's notice days of the meeting and an opportunity to meeting, the Association shall be heard. The provided with the Superintendent's written response, including the reasons for the decision.
c. STEP III - If the grievance is not resolved at Step 1 administratorII, or his/her designated representative, may be present at then the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, Association shall communicate his/her written decision together with supporting reasons refer the grievance to the grievant and to the Step 1 administrator as soon as possible, but not later than five Board of Education. This will be completed within ten (510) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision receipt of the Step 2 administrator or his/her designated representative has been receivedII answer. The CEO or his designated representative shall meet Board of Education will arrange with the grievant Association representative for a meeting to take place within five thirty (530) school days of the Board's receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten Within (10) school days after such of the meeting, the Association shall be provided with the Board's written response, including the reasons for the decision.
4. Board-Step 4 The decision d. STEP IV - If the Association is not satisfied with the disposition of the foregoing step grievance at Step III, the Association may submit the grievance to final and binding arbitration through the American Arbitration Association which shall act as administrator of the proceedings. If a demand for arbitration is not filed with the Employer within (30) days of the date of the Step III answer, then the grievance shall be appealed deemed withdrawn.
i. Neither the Board of Education nor the Association shall be permitted to assert any grounds or evidence before the arbitrator which has not previously been disclosed to the party.
ii. The arbitrator, in his opinion, shall not amend, modify, nullify, ignore or add to the provisions of this Agreement. His authority shall be strictly limited to deciding only the issues presented to him in writing by the aggrieved party to School District and the Board within five (5) school days after the Association, and his decision must be based only upon his interpretation of the CEO meaning or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt application of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion express relevant language of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsAgreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A If a decision is not returned to the employee within the time limits specified in each step below, the employee may, after the time limit has passed, present the grievance to the County representative specified in the next step of the grievance procedure. Grievances and appeals must be filed within the time limits specified below. If a grievance is not presented or if an appeal of a decision rendered regarding the grievance\appeal is not filed within the time limits, the grievance\appeal shall be considered resolved.
Step 1. The grievance shall be presented and adjusted in filed by the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator Union, employee, or Union ▇▇▇▇▇▇▇ with their second level supervisor within a reasonable time, but in no event longer than fifteen (15) school working days after knowledge by the staff member of the facts giving occurrence which gave rise to the act grievance or condition which is when the basis employee or Union should have reasonably had first knowledge of his/her the grievance. Such grievance shall be filed on a standard County grievance form, shall set forth the specific contract provisions alleged to have been violated and include the proposed remedy. Within ten (10) working days of receipt of the written grievance, the second level supervisor shall meet with the employee. Within five (5) working days thereafter, a written decision shall be given to the employee or the grievance shall be deemed denied.
Step 2. If a grievance is not settled at Step 1, it may be presented to the Prosecuting Attorney or designee by delivering a copy of the materials for the Prosecuting Attorney’s consideration to the Chief of Staff and Human Resources Manager. The grievant and grievance shall be submitted within fifteen (15) working days after receipt of the immediate administrator decision at Step 1 or the expiration of the time limits, whichever is earlier. Such appeal shall confer with be written on a view to arriving at a mutually satisfactory resolutionstandard
Step 3. If the grievance is not resolved at Step 12, then an arbitration request may be submitted by the grievant shall reduce the Union designee. Only signatories to this Agreement may advance a grievance to arbitration. A request for arbitration shall be presented in writing and submit the same to the Step 1 administrator County Executive or Prosecuting Attorney within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school working days after knowledge of grievance. PSASA shall supply from the standard grievance form which shall contain date the following information: - Name and position decision was rendered at Step 2, or thirty (30) working days from the date of the aggrieved employee - A statement of Step 2 meeting, whichever is earlier. As soon as practicable thereafter, or as otherwise agreed to by the parties, an arbitrator shall hear the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is parties cannot agree on the selection of an arbitrator, the parties shall request a Director III list from the American Arbitration Association or Area Executive Officer, then he/she some other agreed upon source. The agreed upon source shall skip Step 2.submit a list of eleven (11) arbitrators from which a selection shall be made by alternately striking one
2(1) name from the list until only one (1) name shall remain. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may arbitrator shall be appealed in writing by the grievant to the Step 2 administrator within five rendered as expeditiously as possible (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten thirty (1030) school days after such meeting.
4. Board-Step 4 The decision from the close of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5record) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance and shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents final and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to binding upon both parties. Either party Any decision rendered shall be within the scope of this Agreement and shall not add to or subtract from any of the terms of this Agreement. The arbitrator shall confine themself to the precise issue(s) submitted for arbitration and shall have the right no authority to submit a determine other issues not submitted. The time limits set forth above may be extended by mutual written response to the Board within five (5) school days after receipt agreement of the findings. The Board shall render its final decision within five (5) school days after it has heard Employer and the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsUnion.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A 2.1 Step 1. Within fifteen (15) work days after the act, occurrence or omission which gives rise to the grievance or an employee becomes aware or should have reasonably become aware that she or he has a grievance, the employee and/or the employee’s representative shall present the grievance orally to the immediate supervisor. In the case of a non-selection grievance, such grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievanceselecting authority. The grievant immediate supervisor or selecting authority shall be responsible for taking such steps as are advisable, including consultation with superiors with authority to resolve the grievance, in an effort to resolve the grievance and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolutionrespond within ten (10) work days.
2.2 Step 2. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school work days after the receipt of the written decision of the supervisor, the employee may appeal to the appropriate court administrator by filing with the Boardadministrator a written notice of appeal, with a statement of facts surrounding the issue. Alternatively, PSASA may elect at The administrator shall meet with the time employee and the representative and provide the employee and the representative with a written decision within fifteen (15) work days of filing an appeal the receipt of the appeal.
2.3 Step 3. If the grievance is not resolved at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, 2 within ten (10) school work days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findingswritten decision of the court administrator, the employee and/or the representative may appeal to the Human Resources Director by filing a written notice of appeal, together with copies of the original written grievance and copies of the Step 2 decision. The Board Human Resources Director shall render its final decision within five (5) school days after it has heard the grievance, or, if expeditiously hold a hearing on the matter has been referred to involving the employee and the representative and other involved parties. The Human Resources Director will issue a Hearing Officer, written opinion on the grievance within five fifteen (515) school work days after it has received from the responses to date of the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsappeal at the Step 3 level.
2.4 Step 4. If the grievance has not been satisfactorily resolved at Step 3, then MSEA may submit the grievance to arbitration by notifying the permanent arbitrator and simultaneously providing a copy of said notice to the Human Resources Director as well as a statement of the grievance specifying the article, section, or clause of the contract alleged to have been violated, along with a concise statement of facts surrounding the issue and the remedial action requested. Such submission shall occur within twenty (20) working days of the date the MSEA receives the Step 3 decision from the Human Resources Director.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as a maximum, and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement.
Level 1 An aggrieved employee or group of members shall first submit his/her/their grievance in writing to his/her/their immediate supervisor, either directly or through the Union's representative, with the objective of resolving the matter informally. The written grievance shall contain the following: the name, assignment, and telephone number of the grievant(s); the specific provision or provisions of the agreement claimed to be presented and adjusted in violated, to the following manner:
1. Immediate Administrator-Step 1 The grievant shall present extent known; a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member summary of the facts giving rise involved, to the act or condition which is extent known; and the basis relief desired. The immediate supervisor shall attempt to adjust the grievance and shall advise the aggrieved employee in writing of his/her grievancedecision concerning the grievance within ten (10) working days after the grievance has been presented to him/her. The grievant and A grievance which is not presented by an employee to his/her immediate supervisor within twelve (12) workdays after the immediate administrator occurrence of the alleged cause of the grievance or after the date of first knowledge of the occurrence by any employee affected shall confer with a view be deemed to arriving at a mutually satisfactory resolution. have been waived.
(a) If the aggrieved person or persons are not satisfied with the disposition of their grievance is not resolved at Step 1Level One, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator or if no decision has been rendered within five ten (510) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school work days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement presentation of the grievance, including the relevant date - A reference to grievance may be filed in writing with the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator Superintendent or his/his / her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school work days after the receipt of the appeal by Level One decision or within twenty (20) work days of the Boardpresentation of the grievance at Level One, whichever is sooner.
(b) The Superintendent or his / her designee will represent the administration at this level of the grievance procedure. AlternativelyWithin ten (10) workdays after receipt of the written grievance, PSASA may elect at the time Superintendent or his designee will meet with the aggrieved person or persons in an effort to resolve it.
(c) If an Association member or group of filing an appeal at Step 4 members does not file a grievance in writing with the Superintendent or his / her designee within thirty (30) work days after the Association member or group of members knew or could with diligence have known of the act or condition on which the grievance is based, the grievance will be considered as waived. A dispute as to proceed whether a grievance has been waived under this paragraph will be subject to arbitration pursuant to Level Four.
(a) Level Three is available for grievances which concern matters which remain under the jurisdiction of the School Committee as a result of the Education Reform Act of 1993. The Committee, through the submission Superintendent and the grievance sub-committee, shall determine if Step III applies to the grievance. If Step III is not applicable, Step IV will apply after Step II. If the Association or the aggrieved person or persons are not satisfied with the disposition of documents and without an evidentiary hearing, in accordance with procedures (their grievance at Level Two or if any) established by the Board for such a review. In all matters referred to a Hearing Officer, no decision has been rendered within ten (10) school work days after they had first met with the Superintendent or his designee, they may file the grievance in writing with the chairperson of the grievance sub-committee of the School Committee within ten (10) work days after the completion receipt of Level Two decision or within twenty (20) work days after the presentation of the hearing grievance at Level Two, whichever is sooner. Within ten (10) work days after receiving the written grievance, a subcommittee of the School Committee will meet with the aggrieved person or receipt persons for the purpose of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appelleeresolving the grievance.
(b) In the event that the Committee has a grievance against the Association and/or its members, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations grievance will commence at Level Three. The Committee will notify the Association in writing relative to the Boardalleged grievance. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within Within five (5) school work days after receipt receiving the written grievance the President will meet with the Committee for the purpose of the findings. The Board shall render its final decision within five (5) school days after it has heard resolving the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be presented and adjusted in an ▇▇▇▇▇▇▇ effort on the part of the parties to settle such promptly through the following mannersteps:
Step 1: An employee may immediately, informally and briefly discuss his or her problem with the immediate supervisor of the work for the purpose of requesting a formal discussion of the problem during the last hour of the shift. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge Such employee may be accompanied by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. Union President.
Step 2: If the grievance is not resolved at satisfactorily settled in Step 1, then the grievant shall reduce Union may within three (3) working days appeal the grievance to in writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievanceBureau Captain. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall will be held and a decision in writing rendered within five (5) school days. In between the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇Chief ▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations Bureau Captain to discuss the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board grievance within five (5) school days after receipt of from the findingsdate the appeal is received. The Board Bureau Captain shall render its final decision submit to the Union within five (5) school days after it has heard this meeting an answer stating the grievancedepartment's position concerning the grievance as a result of this meeting.
Step 3: If the grievance is not satisfactorily settled in Step 2, orthe Union may within three (3) working days appeal the grievance in writing to the Chief of Police. A meeting will be held between the chief ▇▇▇▇▇▇▇ and the Chief to discuss the grievance within five (5) days from the date the appeal is received by the Chief. The Chief shall submit to the Union within five (5) days after this meeting an answer stating the department's position concerning the grievance as a result of this meeting.
Step 4: If the grievance is not satisfactorily settled in Step 3, if the matter has been referred Union may within five (5) days, appeal the grievance to a Hearing the Human Resources Director. A meeting will be held between at least two (2) representatives of the Union and at least two (2) representatives of the Employer to discuss the grievance within seven (7) calendar days from the date the appeal is received by the Human Resources Officer. The Human Resources Director shall submit to the Union, within five (5) school days after it has received this meeting, an answer stating the responses to Employer's position concerning the Hearing Officer's findingsgrievance as a result of the meeting. If no responses are receivedArbitration Discharge: In the event the grievance is a discharge, the Board shall render its final decision and is not settled satisfactorily at Step 4, either party may in writing request arbitration within five (5) school working days after receipt of the Hearing Officer's findingsprevious Step. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties’ own expenses, shall be borne by the losing party. The Arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in question, but they shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discharge of employees, the arbitrator shall determine if the discharge was for just cause; and they may review the penalty imposed and if they shall find it to be inappropriate and/or unduly severe, they may modify it accordingly. They shall have the authority in cases concerning discharge, if they shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other awards as may be appropriate and just. The award shall be final and binding on the parties and affected employees.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:
STEP 1. Immediate Administrator-Step 1 : The grievant aggrieved employee shall present a his/her grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievanceimmediate supervisor. The grievant aggrieved employee may request that an Association representative be present. Discussions will be informal for the purpose of settling differences in the simplest and most direct manner. The immediate supervisor shall reach a decision and communicate it orally to the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. aggrieved employee within five (5) working days from the date the grievance was heard by the Supervisor.
STEP 2: If the grievance is not resolved settled at Step 1the first step, then the grievant aggrieved employee shall reduce the grievance to writing on the standard Grievance Form, sign it and submit the same present it to the Step 1 administrator Department Head within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school working days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement response of the grievance, including Supervisor. The Department Head shall investigate the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted alleged grievance and time The Step 1 administrator or his/her designee shall schedule have a meeting with the grievant, and such meeting shall be held and a decision in writing rendered aggrieved employee within five (5) school daysworking days of receipt of the written grievance. In The Department Head shall notify the event that aggrieved employee of his/her decision, in writing, not later than seven (7) working days following the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2meeting date.
2. Director IIISTEP 3: If the grievance is not settled at the second step, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by aggrieved employee shall forward the grievant written grievance to the Step 2 administrator City Manager within five (5) school working days after of the decision of the Step 1 administrator or his designated representative has been receivedDepartment Head. The Step 2 administrator or his/her designated representative City Manager shall meet with the grievant Union only on class action grievances within five (5) school working days of receipt of the appealwritten grievance. The aggrieved party will receive City Manager may meet with an individual employee who has filed a grievance at least two (2) school daythe City Manager's notice of the meeting and an opportunity to be hearddiscretion. The Step 1 administratorCity Manager shall have ten (10) workdays from the date of receipt to provide a response on any grievance.
STEP 4: If a grievance, as defined in this Section, has not been satisfactorily resolved within the Grievance Procedure, the Union may request arbitration or his/her designated representative, may be present at to advance the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons grievance to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but Personnel Board no later than ten (10) school working days after such meeting.
4. Board-Step 4 The decision the City Manager's response is provided in STEP 3 of the foregoing step may Grievance Procedure. This request shall be appealed in writing the form of a request to the Federal Mediation and Conciliation Service, for a list of seven (7) arbitrators or a letter received by the aggrieved Human Resources Director requesting to utilize the procedures established in the Personnel Code to appeal the City Manager's decision. Once the list is secured from FMCS, the parties shall have a maximum of twenty (20) workdays to alternately strike names from the list until only one name remains; the party requesting the list shall have the first strike. Each party shall have two working days to implement each strike except for the Board first strike which shall have five (5) workdays. The First strike shall be made within five (5) school days after the decision workdays of the CEO or certified date that both parties are in receipt of the FMCS list. The second strike shall occur within two (2) workdays of receipt of the first strike and each strike shall be made within two (2) workdays of receipt of the preceding strike until all strikes are completed. A party who fails to make its' strike within the prescribed time frames shall forfeit its' right to make that strike, and the opposing party shall then have two strikes. Nothing contained in this Article shall prevent any employees covered by this Agreement from processing his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The own grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed unassisted through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsGrievance Procedure.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Procedure. A grievance Grievances shall be presented and adjusted processed in the following manner:
Step 1. Immediate Administrator-Step 1 The grievant shall present a : A bargaining unit member must submit his/her grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge writing and such grievance must be received by the staff member immediate supervisor within twenty (20) work days of the facts date when the events giving rise to the act or condition which is grievance occurred. Such submission shall be made to the basis immediate supervisor for a satisfactory adjustment. The written grievance must indicate the specific nature of the grievance and the specific contract provision(s) alleged to be violated. Such immediate supervisor may request a meeting with the bargaining unit member prior to making his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1decision, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator but in any event must render his/her decision within five (5) school days, but in work days of the submission. The bargaining unit member may be accompanied by a Union representative if he/she so desires at any such meeting.
Step 2: If no event should satisfactory settlement is reached after presentation of the grievance remain unresolved at Step 1 for twenty 1, the grievance may be pursued by the bargaining unit member to the Chief Labor and Legal Services Officer (20or his/her designee) school by providing the Chief Labor and Legal Services Officer (or his/her designee) with a copy of such grievance and requesting a meeting in writing, within ten (10) work days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement decision of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - Supervisor at Step 1. The corrective action requested - Signature of the aggrieved employee - Date submitted Chief Labor and time The Step 1 administrator Legal Services Officer or his/her designee shall will schedule a meeting with the grievantGrievant to attempt to resolve the issues related to the grievance within twenty (20) work days following the bargaining unit member’s filing the grievance with the Chief Labor and Legal Services Officer (or his/her designee). The Chief Labor and Legal Services Officer (or his/her designee) shall have ten (10) work days after holding the meeting to issue a written decision. A copy of the decision shall be provided to both the Grievant, if a Grievant was present at the meeting, and such meeting shall be held and a decision in writing rendered within five (5) school daysthe Union. Step 3: In the event that the grievant's immediate administrator grievance is a Director III not settled at Step 1 or Area Executive OfficerStep 2, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision the Union may seek arbitration of the foregoing step grievance. No bargaining unit member may file for arbitration as an individual, but only the Union may file an appeal to arbitration hereunder. The Union’s request for arbitration shall be appealed in writing by and must be filed with the grievant applicable arbitration agency with a copy to the Step 2 administrator Chief Labor and Legal Services Officer within five ten (510) school work days after the decision receipt of the Step 1 administrator or his designated representative has been received. The Step 2 administrator Chief Labor and Legal Services Officer’s (or his/her designated representative shall meet with the grievant within five (5designee's) school days of receipt of the appeal. The aggrieved party will receive decision at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school work days after following the expiration of the time limits for making such meeting.
4a decision, whichever shall occur first. Board-Step 4 All grievances filed for arbitration shall be submitted to the American Arbitration Association. In lieu of submitting grievances to the American Arbitration Association for arbitration the parties may by mutual agreement submit grievances to a single arbitrator mutually selected by them. The decision of the foregoing step may arbitrator shall be appealed in writing final and binding upon both parties, except as otherwise provided by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been receivedlaw. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party arbitrator shall have no power to add to, delete from, or modify in any way the right to submit a written response to the Board within five (5) school days after receipt provisions of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsthis Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A Any grievance not processed by the grievant through any of the successive levels within the specified time limits and in the absence of an agreed-upon time extension, shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant considered waived and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the alleged grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step no longer exists.
STEP 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved An employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then who believes he/she may have a grievance shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision notify their immediate supervisor of the foregoing step may be appealed in writing by possible grievance using the grievant to the Step 2 administrator within five Notification Form (5Appendix C) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school working days after from the completion time the employee knew or should have known of the hearing or receipt subject matter of documents submitted by the grievance. The employee shall state on the Notification Form the exact section of the contract that has been violated according to the definition in A number 1. The supervisor will hold an informal conference with the employee, and their ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or/designee, if the matter has been referred to a Hearing Officeremployee so requests, within five (5) school working days after it of the date of the Notification Form by the employee. The supervisor and the employee, along with the employee’s ▇▇▇▇▇▇▇/designee, if the employee so requests, will discuss the issues in dispute with the objective of resolving the matter informally.
STEP 2 If the grievance has received the responses to the Hearing Officer's findings. If no responses are receivednot be resolved orally at Step 1 of this procedure, the Board shall render its final decision he/she then may fill in a grievance form within five (5) school working days of conference. The form shall be dated and signed by the employee and shall then be submitted to his/her supervisor. The supervisor shall answer the grievance, in writing, within five (5) working days from date received.
STEP 3 If the matter still is not settled, the employee may submit the written grievance to the Superintendent within five (5) working days after he/she receives supervisor’s answer. Superintendent/designee shall meet with parties involved within five (5) working days from receipt of written grievance. Superintendent/designee shall have five (5) working days following this meeting to answer the Hearing Officer's findingsgrievance.
STEP 4 If the grievance has not been resolved at Step 3 of this procedure, OAPSE Local #385 shall, by written notice to the Treasurer of the Board of Education, within thirty (30) calendar days of the date of the answer of the Superintendent, refer the matter to the FMCS, requesting a list of seven (7) arbitrators. The selection of an appropriate arbitrator shall be as follows: a representative of the Association and a representative of the Board shall review the list of arbitrators and, through alternatively striking names, shall reduce the list until one (1) arbitrator remains. The method of determining which party has the first choice of striking shall be made by the toss of a coin. The arbitrator shall hear all matters pertinent to the grievance and render his decision on the grievance within thirty (30) days following the last hearing.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Procedure. A grievance shall be presented Step 1: Informally, between the employee and adjusted in the following manner:
1Building Principal. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of Building Principal will give his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator answer within five (5) school working days. If no settlement is reached at this Step, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered then within five (5) school days. In working days of receipt of the event that Building Principal’s answer, the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip grievance will be reduced to writing and submitted to Step 2.
Step 2. : Between the participants of Step 1 and the Special Education Director IIIand/or Director of Human Resources, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator they will give an answer within five (5) school days after working days. If no settlement is reached at this Step with the decision Special Education Director and/or the Director of Human Resources, then the matter may be referred to the Superintendent of Schools, referenced in Step 1 administrator or his designated representative has been received3.
Step 3: If the grievance is referred to Step 3, then discussion will take place between the Superintendent and the Union. The Step 2 administrator or Superintendent will give his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed answer in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meetingworking days. If the matter is not satisfactorily settled at this level, then either party may refer it to the School Board in Step 4.
Step 4. Board-Step : Within ten (10) working days of a grievance being referred to this Step, the School Board will hold a hearing with the participants in Steps 2, 3 and 4 The decision and examine the facts of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been receivedgrievance. The School Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternativelywill, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officerthereafter, within ten (10) school working days after of such hearing, give its answer. If the completion grievance is still not settled, the matter may be referred to arbitration as set forth in Step 5 of the hearing or receipt of documents procedure.
Step 5: Except as otherwise provided in this Article VIII, if the grievance remains unsettled, then the matter may be referred to arbitration within twenty (20) working days. Any grievance not submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both partiesis considered withdrawn. Either party shall have the right to submit a written response refer to an impartial arbitrator any difference concerning the Board within five (5) school days after receipt interpretation and application of this Agreement, which have not been satisfactorily adjusted by the findingsSteps established in this Grievance and Arbitration Procedure. The Board impartial arbitrator shall render its final decision within five (5) school days after it has heard the grievance, orbe appointed by mutual agreement of both parties and, if the matter has been referred parties are unable to a Hearing Officer, agree within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.fifteen
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted Informal Step 1
(a. If the complaint is not resolved in the following manner:
1. Immediate Administrator-informal Step 1 The grievant of this procedure, the administrator shall present submit to the Assistant Superintendent of Human Services, within fourteen (14) days following the grievable occurrence, a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member statement of the facts and all relevant materials giving rise to the act or condition which is the basis of his/her grievance. The grievant Within fourteen (14) days of receipt of the alleged grievance, the Superintendent, Assistant Superintendent of Human Services, the administrator whom the grievance is being filed against, the aggrieved and an Association Representative shall meet to discuss the immediate administrator grievance. Within ten (10) days of this meeting, the Superintendent shall confer with a view respond in writing to arriving at a mutually satisfactory resolution. the Grievant.
(b. If the grievance is not resolved at Step 12 (a), then the grievant shall reduce may choose to take the grievance to writing and submit Step 3 of this procedure or request through the same association that a mediator be assigned by the Michigan Employment Relations Commission to hear the Step 1 administrator within five grievance.
(5) school daysc. If the grievant chooses to go to mediation, but in no event should the grievance remain unresolved procedure ends at this Step 1 2, except for twenty cases of dismissal or suspension, which may go to Step 4.
(20a. If no further correspondence is received by the Superintendent within fourteen (14) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after written response, the decision of grievance will be considered resolved on the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision basis of the Step 2 administrator or his/her designated representative has been receivedresponse.
(b. If the grievance remains unresolved at the conclusion of Step 2, the Grievant shall notify the Superintendent in writing within fourteen (14) days following the Step 2 written response. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer Superintendent shall submit his/her findings of fact, conclusions of law and recommendations the grievance to the Board’s Personnel Committee for review at its next regularly scheduled meeting. The findings Board’s Personnel Committee shall make a recommendation for resolution of the Hearing Officer grievance within fourteen (14) days of its meeting to review the grievance. A copy shall be distributed to both parties. Either party shall have the right to submit a written response provided to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsGrievant.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A Any grievance or dispute which may arise between the parties with regard to the application, meaning, or interpretation of this Agreement shall be presented and adjusted settled in the following manner:
Step 1: The employee, with or without a Union representative, shall first attempt to resolve the grievance informally with his/her immediate supervisor. Immediate Administrator-Step 1 If the dispute cannot be resolved informally with the employee's immediate supervisor, the employee or the Union shall, within thirty (30) calendar days of the date of such occurrence or knowledge thereof, report the matter in writing to the employee's immediate supervisor.2 The grievant written grievance shall present contain the following:
(a) A description of why the employee believes there is a grievance orally dispute;
(b) The specific article or section of the agreement that has allegedly been violated, the specific facts relied upon to his immediate administrator within establish the basis for the alleged violation, and a reasonable timedescription of how the specific facts relied upon, but in no event longer than have violated the contract;
(c) The remedy requested; and
(d) The employee's signature. Within fifteen (15) school calendar days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement receipt of the grievance, including the relevant date - A reference to immediate supervisor shall provide the applicable provisions of employee with a written response. During this Agreement and/or Board policytime, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee immediate supervisor shall schedule a meeting with the grievantgrievant and Union representative to discuss the dispute. If the meeting is unable to be scheduled in a timely manner, and such meeting an extension may be granted by mutual agreement.
Step 2: If the grievance has not been settled, the employee or the Union shall be held and a decision present it in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator General Manager within five fifteen (515) school calendar days after the decision of the Step 1 administrator or his designated representative has been receivedsupervisor's response is due. The Step 2 administrator or his/her designated representative General Manager shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administratorgrievant, or his/her designated Union representative, may be present at and the meeting and state his/her viewsappropriate supervisor in an effort to resolve the dispute. The Step 2 administrator, or his/her designated representative, General Manager shall communicate his/her provide the employee with a written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO response within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school calendar days of his receipt of the grievance.
Step 3: If the grievance still remains unresolved, the employee or the Union may submit the matter to binding arbitration. If the Union or the employee chooses to move the issue into arbitration, they shall request a list of seven (7) arbitrators from the State Conciliation Service within twenty (20) calendar days after the receipt response of the appeal by General Manager is due. Nothing in this article shall preclude the Board. Alternatively, PSASA may elect at parties from attempting to resolve the time of filing an appeal at Step 4 dispute prior to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Boardarbitration. The findings of the Hearing Officer arbitrator shall be distributed to both partiesselected by alternately striking names. Either The moving party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsstrike first.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. Level One. A grievance shall lodged with the Transportation Director or the appropriate administrator must be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen ten (1510) school working days after knowledge by the staff member grievant knew or should have known of the facts event or action giving rise to the act or condition which is the basis of his/her alleged grievance. The grievant and the immediate administrator Continuing grievances shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same be recognized but any relief afforded may be limited to the Step 1 administrator time period within which grievances are to be filed. The grievance conference shall occur within five (5) school days, but in no event should work days after the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievanceis filed. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting grievant shall be held and accompanied by the local Representative and/or any other OAPSE agent. Level Two. In the event a decision in writing rendered grievance has not been satisfactorily resolved at Level One, the Association may file, within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision work days of the foregoing step may be appealed in writing by Transportation Director's or of the grievant to appropriate administrator's written decision at Level One, a copy of the Step 2 administrator within grievance with the Superintendent. Within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school work days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of written grievances is filed, the foregoing step may be appealed in writing by grievant, the grievant Association Representative and the Principal, Superintendent and/or his designee shall meet to attempt to resolve the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been receivedgrievance. The CEO Superintendent or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer designee shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final his decision within five (5) school days after it has heard of the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses Level Two meeting and to the Hearing Officer's findingsgrievant and the Association. For all grievances except those protesting an employee’s termination the decision of the Superintendent at Level Two shall be the final decision in the grievance procedure. Level Three. Only grievance protesting an employee’s termination may be advanced to Level Three. If the aggrieved is not satisfied with the disposition at Level Two of the grievance procedure, he/she may initiate Level Three of this procedure. The Association may refer the grievance to the arbitrator by giving written notice to the Superintendent and/or the Board of its desire to do so within thirty (30) days of the date on the Level Two decision. The parties will mutually agree to either AMS or FMCS. The arbitrator shall be chosen from a list provided by the Federal Mediation and Conciliation Service (FMCS) or mediation Mediation Services (AMS). The Board and the Association shall split the cost of the list. Selection and hearing shall be in accordance with the voluntary rules and regulations of the FMCS or AMS. The arbitrator shall hold the necessary hearing promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and a copy sent to each party present at the hearing. The decision of the arbitrator shall be binding on both the Board and the Association, and the Bargaining Unit members. Renewal of limited contracts for employees may be taken through the grievance procedure, short of binding arbitration. Binding arbitration is specifically excluded from application to disputes over the renewal of employees whose contracts are in a noncontinuing status. The arbitrator shall expressly confine himself/herself to the precise issue(s) submitted for arbitration and shall have no responses authority to determine any other issue(s) not so submitted to him/her or to submit observations or declarations of opinion which are receivednot directly essential in reaching the final decision or in any way interfere with management prerogatives involving Board discretion nor limit or interfere in any way with the powers, duties and rules and regulations having the force and effect of law. The Arbitrator shall have no power to add to, delete from, disregard or modify any of the terms of the Agreement. The cost for arbitration shall be paid by the losing party. The arbitration cost incurred by each party to the arbitration shall be paid by that party. In a case where there is no clear losing party, the Board shall render its final decision within five (5) school days after receipt of arbitrator has the Hearing Officer's findingsright and duty to apportion the costs to each party as that arbitration case dictates.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A 1. Failure to file a grievance within thirty (30) days of the occurrence complained of shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally deemed to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement constitute an abandonment of the grievance.
2. The aggrieved person may be represented by or with a designated representative of the Secretarial Group.
3. All grievances must be submitted in writing if taken beyond the first level and decisions regarding this grievance must be committed to writing at all levels beyond the first. Copies of these decisions shall be forwarded to all parties of interest and the Secretarial Representative.
4. All parties of interest may be present at all hearings regarding a grievance.
5. Both parties agree that these procedures will be kept as informal and confidential as may be appropriate at any level of the procedure.
6. The total days time allowance at each level of the grievance process are indicated below. These time allowances may be extended by mutual agreement between the parties of interest.
7. There shall be no reprisals toward aggrieved person or persons and their representatives for following this procedure. An individual with a grievance shall first discuss it with the immediate supervisor either directly or through the Secretarial Group's one designated representative with the objective of resolving the matter informally. The immediate supervisor shall respond within five days after the discussion is held. Level Two If the individual is not satisfied with the disposition of the grievance at Level I, including the relevant date - A reference Secretarial Group may submit the grievance in writing within five days to the applicable provisions Principal.* The Principal shall hold a hearing within five school days of this Agreement and/or Board policy, if any - The corrective action requested - Signature receipt of the aggrieved employee - Date submitted same and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and render a decision in writing rendered within five (5) school days following the conference. *Central Office personnel may proceed from Level I to Level III if the superintendent deems appropriate. Level Three If the Association is not satisfied with the disposition of the grievance at Level II, the Association may, within five school days, submit the grievance in writing to the Superintendent. In The Superintendent shall hold a hearing within ten school days of receipt of same and shall render a decision in writing within ten school days following the event that hearing. Level Four If the grievant's immediate administrator Association is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director not satisfied with the disposition of the grievance at Level III, Area Executive Officer or Designee —Step 2 the Association may, within five days of receipt of same, appeal the grievance to the Board by so notifying the Superintendent in writing. The decision written appeal to the Board must include the basis for dissatisfaction with the Superintendent's decision. The Board may consider the appeal on the basis of the foregoing step written documentation submitted, may be appealed request the submission of additional written materials and/or may request a hearing with the Secretarial Group. The Board shall respond, in writing by the grievant writing, to the Step 2 administrator Association within five thirty (530) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice Board shall render the final decision on all matters other than those which are subject to further review by the Commissioner or State Board of the meeting and an opportunity to be heardEducation. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, Board shall communicate his/her written decision together with supporting reasons respond in writing to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO Secretarial Group within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school thirty work days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance The grievant shall be presented and adjusted in entitled, if he/she so requests, to be represented by the following manner:Association at all steps of the grievance procedure.
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance1
2. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolutionStep 2
3. Step 3
4. Step 4
a. If the grievance grievant and/or the Association is not resolved at satisfied with the decision in Step 13, then the grievant shall reduce may request that the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement Association pursue mediation of the grievance, including .
b. If the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting Association concurs with the grievant’s request, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing OfficerAssociation shall, within ten (10) school days after the completion of receipt of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appelleedecision in Step 3, provide the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right District with a written request to submit a written response the grievance to the Board within mediation. Within five (5) school days after receipt of receiving the request, the District shall notify the Association whether or not mediation is acceptable.
c. If the Association and the District mutually agree to submit the grievance to mediation, the Association shall request that a mediator from the California State Mediation and Conciliation Service be assigned to assist the parties in the resolution of the findingsgrievance. The Board parties will set a meeting with the assigned mediator as soon as reasonably possible for all parties.
(1) The grievant and not more than two (2) other teachers relevant to the mediation shall render its be released from duty for mediation meetings.
d. The function of the mediator shall be to assist the parties to achieve a mutually satisfactory resolution of the grievance. If such is achieved, the agreement shall be reduced to writing and shall be signed by the grievant, the Association and the District.
e. In the event that no satisfactory resolution of the grievance is reached, or if either party wishes to terminate the mediation, the grievant and/or the Association may proceed to Step 5.
f. Any statement or offer of settlement made by either party during the mediation process shall not be introduced or relied upon to establish any interpretation of this Agreement in subsequent proceedings.
5. Step 5
a. If the grievant and/or the Association is not satisfied with the disposition of the grievance at Step 4, the grievant may request that the Association submit the grievance to arbitration.
b. If the Association proceeds to arbitration, it shall so notify the District in writing within twenty (20) days of the termination of Step 4. Within ten (10) days of such notification, representatives of the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator within the specified time, the Association shall file a Demand to Arbitrate to the American Arbitration Association. The selection of the arbitrator and the arbitration proceedings shall be conducted under the Voluntary Labor Arbitration Rules of the American Arbitration Association.
c. The arbitrator’s decision shall be in writing and shall set forth the findings of act, reasoning and conclusions of the issues submitted. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance documents and presentations of the parties at the hearing.
d. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law, or to add to, subtract from, or modify the terms of this Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as he/she judges to be proper. The decision of the arbitrator shall be submitted to the Association and the District and will be final decision within five (5) school days after it has heard and binding upon the parties. If any question arises as to the arbitrability of the grievance, or, if such question will be ruled upon by the matter arbitrator only after he/she has been referred had an opportunity to a Hearing Officer, within five (5) school days after it has received hear the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt merits of the Hearing Officer's findingsgrievance.
e. All costs for the services of the arbitrator, including, but not limited to per diem expenses, his/her travel and subsistence expenses and the cost of any hearing room, will be borne equally by the District and Association. All other costs will be borne by the party incurring them, except for released time for the grievant(s), Association representative(s) and witnesses which shall be provided by the District.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance shall be presented SECTION 5-2.1
Step 1: An employee may immediately, informally and adjusted in briefly discuss his or her problem with the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member supervisor of the facts giving rise to work for the act or condition which is purpose of requesting a formal discussion of the basis problem during the last hour of his/her grievancethe shift. The grievant Such employee may be accompanied by a Union Officer.
Step 2: During the last hour of the shift, the employee and the Union Officer may discuss the problem with the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. supervisor and/or division head.
Step 3: If the grievance matter is not resolved at Step 12, then it shall be the grievant shall responsibility of the aggrieved party, within five (5) working days of the alleged violation, to reduce the grievance to writing and submit on a form provided by the same Union with copies submitted to the Human Resources Director. Following the filings of the grievance, a conference will be held with the Union Officer, the Human Resources Director and/or the Department Head involved, with the intent being to resolve the issue.
Step 1 administrator 4: If the matter is not resolved at Step 3 within five (5) school working days, but at the request of either party, another meeting will be called to discuss the matter, and either party may bring in no outside representatives for this meeting.
Step 5: In the event should that the grievance remain unresolved is not satisfactorily settled at Step 1 for twenty (20) school days after knowledge of grievance. PSASA 4, the Union and the Employer shall supply the standard grievance form appoint an advisory board which shall contain consist of one delegate designated by each, the following information: - Name Employer and position the Union, and a third member, a local citizen resident of the aggrieved employee - A statement City of Port Huron to be selected by the two delegates. Should the two delegates be unable to agree upon a third member of such Board, the parties will thereafter request the Michigan Employment Relations Commission to submit the names of three fact finders of which one shall be selected by lot to serve as a third party. This panel of three will discuss the grievance and render a majority advisory decision for the adjustment or settlement of the grievance, including grievance and differences and for the relevant date - A reference termination or avoidance of any existing or threatening labor dispute. Each grievance shall be decided on its own merits and shall not serve as a precedence with respect to future grievances. ARBITRATION DISCHARGE In the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of event the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule grievance is a meeting with the grievantdischarge, and such meeting shall be held and a decision is not settled satisfactorily at Step 4, either party may in writing rendered request arbitration within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision working days of the foregoing step previous Step. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The Arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in question, but they shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discharge of employees, the arbitrator shall determine if the discharge was for just cause; and they may review the penalty imposed and if they shall find it to be inappropriate and/or unduly severe, they may modify it accordingly. They shall have the authority in cases concerning discharge, if they shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other awards as may be appealed in writing by appropriate and just. The award shall be final and binding on the grievant to the Step 2 administrator within five (5) school days parties and affected employees. Grievances must be taken up promptly and no grievances will be considered or discussed which are presented after the decision time limits described in this Section. The formation of the Step 1 administrator or his designated representative Advisory Board shall not be permitted unless the moving party has been received. The Step 2 administrator or his/her designated representative shall meet with informed the grievant within five (5) school days other of receipt its desire for the formation of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school working days after following failure of satisfactory settlement at the decision level of Step 4. Any grievance not appealed to Step 5 within the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance prescribed time limits shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsconsidered as dropped.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A An employee and the immediate Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be presented finally and adjusted in conclusively settled without stoppage of work by the following mannersteps:
1. Immediate Administrator-Step 1 The grievant employee shall present a formally take up the grievance orally to his immediate administrator with the Supervisor from whose decision it arose within a reasonable time, but in no event longer than fifteen ten (1510) school working days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. grievance arising.
Step 2 If the grievance is not resolved at Step 1, then the grievant shall reduce employee wishes to pursue the grievance to writing and submit further the same to the Step 1 administrator employee shall, within five (5) school days, but in no event should working days of having taken the grievance remain unresolved at up with the Supervisor in Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply 1, present such grievance in writing, on a form to be approved by the standard grievance form which shall contain City and the following information: - Name and position of the aggrieved employee - A statement of the grievanceUnion, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - Department Head. The corrective action requested - Signature of Department Head will provide a reply to the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In working days of receipt of the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2grievance.
2. Director IIIa) If, Area Executive Officer or Designee —Step 2 The decision of having received a reply from the foregoing step may be appealed in writing by Department Head, the grievant employee wishes to pursue the Step 2 administrator grievance further, the employee shall, within five (5) school working days after of receiving said reply, forward the decision completed grievance form to the Office of the Step 1 administrator or his designated representative has been receivedCity Manager. The Step 2 administrator or his/her designated representative Manager's Office shall meet with refer the grievant grievance to a Grievance Sub-Committee within five one (51) school days working day.
b) The Grievance Sub-Committee shall consist of receipt an appointee of the appeal. The aggrieved party will receive at least two (2) school day's notice Union and an appointee of the meeting and an opportunity City Manager.
c) The Grievance Sub-Committee shall have the right to be heard. The Step 1 administrator, or his/her designated representative, may be present at jointly investigate all aspects of the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant grievance and to interview the Step 1 administrator as soon as possibleGrievor, but not later than five (5) school days after such meetingthe Supervisor, the Department Head and any other person who may have knowledge of the circumstances of the grievance.
3. Area Executive Officer or Designee —Step 3 d) The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. BoardGrievance Sub-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing OfficerCommittee shall, within ten (10) school working days after from the completion time of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard receiving the grievance, orcommunicate in writing any mutually agreed findings and recommendations as to the definition and resolution of the grievance, if or its failure to agree, to the matter has been referred Grievor and the Department Head involved, the City Manager and the President of the Union.
Step 4 If, having received the response of the Grievance Sub-Committee, the Union wishes to a Hearing Officerpursue the grievance further, it shall, within five (5) school working days after it has received of receiving said reply, refer the responses matter in writing to the Hearing Officer's findingsCity Manager. If no responses are received, The City Manager or his designate shall provide a written response to the Board shall render its final decision Union within five (5) school days after receipt of the Hearing Officer's findings.ten
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:Level One
1. Immediate Administrator-Step 1 The grievant shall present Any employee having a grievance orally to his shall discuss the grievance with his/her immediate administrator supervisor within a reasonable time, but in no event longer than fifteen ten (1510) school work days after of his/her knowledge by the staff member of the facts giving rise to the act event or condition occurrence which is the basis of his/her grievancefor the complaint.
2. The grievant and the immediate administrator supervisor shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same render an oral decision to the Step 1 administrator grievant(s) within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school working days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement above discussion.
1. If the Level One decision is not satisfactory, the oral grievance shall be reduced to writing on the Grievance Report Form and shall be presented to the immediate supervisor and the Association within seven (7) work days of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature receipt of the aggrieved employee - Date submitted and time Level One answer.
2. The Step 1 administrator or his/her designee immediate supervisor shall schedule hold a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that grievant and/or the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2’s Association Representative within seven (7) work days of the receipt of the grievance.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received3. The Step 2 administrator or his/her designated representative immediate supervisor shall meet with render a written decision to the grievant within five (5) school work days of said meeting.
1. If the Level Two decision is not satisfactory, the grievance shall be presented to the Superintendent or the Superintendent’s designee within five (5) work days of receipt of the appealgrievance.
2. The aggrieved party will receive at least two (2) school day's notice of Superintendent or the Superintendent’s designee shall hold a meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant and/or the grievant’s Association Representative at a time mutually agreeable to them, but within five (57) school work days of receipt of the appealgrievance.
3. The grievant will receive at least two (2) school days' notice of Superintendent or the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative Superintendent’s designee shall communicate his/her render a written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than within ten (10) school work days after such of the meeting.
4. Board-Step 4 The decision Association Grievance Chairperson may initiate a grievance directly at Level Three when either of the foregoing step may be appealed following conditions apply:
a. A grievance involves a group of employees in writing by the aggrieved party more than one building or an issue applies to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to unit as a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievancewhole, or, if
b. The action precipitating the matter has been referred to grievance was initiated by management at a Hearing Officer, within five (5) school days after it has received level higher than the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsimmediate supervisor.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A grievance 1. All grievances as defined herein shall be presented and adjusted processed in the following manner:
1accordance with this procedure. Immediate Administrator-Step 1 The grievant shall present Union may refuse to represent a grievance orally and the District may refuse to his immediate administrator within consider a reasonable time, but grievance in no event longer than fifteen those circumstances where the aggrieved party has not followed this procedure.
Step 1: Within twenty (1520) school days after knowledge by the staff member of the facts acts and/or omissions giving rise to the act grievance or condition within twenty (20) days of the time the employee or the Union should reasonably have been aware of said acts and/or omissions, the grievance shall be discussed informally with the supervisor(s) most directly responsible for the circumstances which is gave rise to the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved within twenty (20) days of the date on which it is first presented at Step 1, then the grievant shall reduce the grievance may proceed to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
Step 2. Director III, Area Executive Officer or Designee —Step 2 : The decision of the foregoing step grievance may be appealed in writing by the grievant presented to the Step 2 administrator within five (5) school days after District’s Human Resources Manager on the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting form provided for this purpose and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator incorporated herein by reference as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, Appendix A within ten (10) school days after the completion of the hearing conclusion Step 1.
Step 3: A request for binding arbitration at Step 3 of this procedure shall be made in writing by the Union to the Human Resources Manager within fifteen (15) days of the date of which the grievance received a copy of the written determination at Step 2. An arbitrator may be selected by mutual agreement between the parties. Should the parties fail to agree upon an arbitrator, they shall make a joint request to the grievance a joint request to the Mediation and Conciliation Service of the State of California for a list of five (5)-qualified arbitrators. Each party shall alternative strike one name from the list and the last remaining name shall serve as arbitrator. The first party to strike a name shall be determined by the toss of a coin. It shall be understood in disputes involving interpretation of the MOU, that the arbitrator will only interpret this MOU and will not have the power to add, to delete from, or receipt amend any part of documents submitted by ▇▇▇▇▇▇▇▇▇ this agreement. The arbitrator’s decision shall be final and Appelleebinding on the District, the Hearing Officer shall submit his/her findings of factUnion, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or. All fees and costs or the arbitrator and court reporter, if any, will be borne by the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingslosing party.
Appears in 2 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding
Procedure. A The Board, the Administration, and the Association acknowledge that it is usually most desirable for a staff member and the Administration to resolve problems through free and informal communications. However, should such informal processes fail to satisfy the grievant, and then a grievance shall may be presented and adjusted in processed according to the following manner:formal procedures.
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer STEP I No later than fifteen twenty (1520) school days after knowledge by the staff member grievant knew or could have reasonably been expected to have known about the occurrence of the facts alleged violation giving rise to the act or condition which is grievance, the basis of his/her grievance. The grievant and may, through the Association, submit to the proper immediate administrator shall confer with who has the authority to bring about a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position resolution of the aggrieved employee - A statement of the grievancealleged problem, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted a completed and time The Step 1 signed STEP I grievance form. Said administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of will acknowledge receipt of the appealgrievance form by initialing such completed form. The aggrieved party will receive at least two (2) school day's notice Once the form has been initialed, a copy of the meeting and an opportunity to completed form shall be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons given to the grievant and to the Step 1 administrator as soon as possible, but not later than Association representative. Within five (5) school days after such of receipt of the grievance form, the administrator shall contact the Association and schedule a mutually agreeable time to meet to discuss said grievance. Within five (5) days of said meeting, the administrator shall indicate his/her disposition of the grievance in writing and forward a copy thereof to the grievant and the Association.
3. Area Executive Officer STEP II If the grievant or Designee —Step 3 The decision the Association is not satisfied with the disposition of the foregoing step grievance at STEP I, the Association may be appealed in writing initiate STEP II by the grievant completing a written Grievance Report form STEP II and submitting it to the CEO Superintendent within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appealSTEP I response. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within Within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appelleecompleted said form, the Hearing Officer Superintendent and/or his designated representative shall submit schedule to meet with the grievant and his/her findings Association representative for the purpose of factresolving the grievance. Within five (5) days of such meeting, conclusions the Superintendent shall indicate his/her disposition of law the grievance in writing, and recommendations forward a copy thereof to the Board. The findings of grievant, the Hearing Officer shall be distributed to both parties. Either party shall have Association, and Administrator(s) involved.
STEP III If the right to submit grievant or the Association is not satisfied with the disposition made by the Superintendent, the Association may initiate STEP III by completing a written response proper Grievance Report Form and submitting it to the Board by filing a copy with the Treasurer of the Board and the Superintendent within five (5) school days after of receipt of the findingsSTEP II response. The At the next regularly scheduled Board meeting, the Board shall render meet with the grievant, the Association representative and the Superintendent or his designee, to review the grievance and attempt to resolve same. Within seven (7) days of such meeting, the Board shall reduce its final decision disposition of the grievance to writing and forward a copy thereof to the grievant, the Association and the Superintendent. Upon mutual agreement of the parties to the grievance, the grievance may be submitted to STEP IV without a hearing before the Board.
STEP IV If the grievant or the Association is not satisfied with the disposition of the grievance by the party at the previous step, the Association may submit the grievance to an impartial arbitrator by filing a request for arbitration with the Treasurer of the Board and the Superintendent within five (5) school days of receipt of the STEP III response. Within three (3) days after it has heard the grievancesubmission of the request, or, if the matter has been referred Association representative and the Superintendent shall meet to a Hearing Officer, within five (5) school days after it has received select the responses to the Hearing Officer's findingsarbitrator. If no responses are receivedarbitrator is selected within seven (7) days, the Board demand for arbitration and the request for an arbitrator shall render be submitted to the American Arbitration Association in accordance with its final decision within five rules, which rules [(51) school days after receipt the American Arbitration Association rules for voluntary labor arbitration or (2) the American Arbitration Association rules for expedited labor arbitration] shall likewise govern the arbitration proceeding. Both parties may be represented at the arbitration hearing. The jurisdiction and authority of the Hearing Officerarbitrator and his/her opinion and award shall be limited to the interpretation of the written provisions of the Agreement and Board policy. The arbitrator shall have no power to alter, add to, or subtract from or in any way modify the terms and conditions of this Agreement or Board policy. In any arbitration proceeding where a question concerning the arbitrator's findingsjurisdiction over the grievance is raised, the arbitrator shall make a separate decision on the question of his jurisdiction. In his/her decision, the arbitrator shall first rule upon the jurisdictional issues and, if he/she determines that he/she has no jurisdiction, he/she shall make no decision or recommendation concerning the merits of the grievance. Nothing contained herein shall prohibit the arbitrator from taking all evidence of the jurisdictional issues and the merits of the grievance in a single hearing. The arbitrator will render his/her decision in writing within thirty (30) days, or such additional time as the parties may in writing agree, after any grievance has been submitted. His/her decision will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The fees and expenses for the services of the arbitrator will be borne equally by the Board and the Association.
Appears in 2 contracts
Sources: Master Contract, Master Contract
Procedure. A a) Any employee who decides either alone or after seeking the assistance of the Executive Board of the Union that such employee has a grievance shall be presented and adjusted in discuss it with the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by taking the staff member of the facts giving rise to the act or condition action which is the basis subject of the grievance in an attempt to resolve the matter informally at that level.
b) If, as a result of the discussion, the matter is not resolved to the satisfaction of the employee within seven (7) calendar days of the discussion, such employee shall set forth the grievance in writing to the Superintendent, specifying:
(i) The nature of the grievance;
(ii) The results of previous discussions;
(iii) That such employee is dissatisfied with decisions previously rendered;
(iv) The remedy requested; and
(v) Reference to that provision of the contract which the employee claims has been misinterpreted or misapplied. The Superintendent shall give his/her decision to the grievant in writing within seven (7) calendar days of receipt of the written grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. .
c) If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school daysemployee's satisfaction, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference may appeal to the applicable provisions Board of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered Education within five ten (510) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school calendar days of receipt of the appealSuperintendent's decision. The aggrieved party will receive at least two (2) school day's notice request shall be submitted in writing through the Superintendent of Schools who shall attach all related papers and forward the meeting and an opportunity request to be heardthe Board. The Step 1 administratorBoard, or his/her designated representativea committee thereof, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but composed of not later less than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative members, shall meet hold a hearing with the grievant employee within five twenty (520) school calendar days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting written grievance and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written render a decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school calendar days after the completion of the hearing hearing.
d) In the event a grievance shall not have been settled under the procedure above, and if such grievance involves a claim of violation, misinterpretation, misapplication or receipt infringement upon the provisions of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appelleethis Agreement, the Hearing Officer shall submit his/her findings of factaggrieved, conclusions of law and recommendations subject to the Board. The findings approval of the Hearing Officer Union, may proceed directly to arbitration, which shall be distributed to both parties. Either party shall have the right to submit a written response binding subject to the Board limitations of statute.
e) The Union shall initiate arbitration by certified letter addressed to the Superintendent of Schools and bearing the written approval to proceed of the President of the Administrators' Union. Such letter shall be mailed within five twenty (520) school calendar days after of receipt of the findingswritten decision of the Board.
f) The grievant, or the person designated by the grievant to represent the grievant in the grievance and the Superintendent, or the person designated by the Board to represent it in the grievance shall promptly attempt to agree upon and engage an arbitrator, but if either party determines that no purpose will be served by attempting or continuing to attempt to so agree, either may submit the choice of arbitrator to the American Arbitration Association. In either event the conduct of the arbitration shall be under the rules of the American Arbitration Association.
g) The arbitrator shall hear and decide only one grievance in each case. The Board arbitrator shall render its final be bound by and must comply with all the terms of Agreement. The arbitrator shall have no power to add to, delete from or modify in any way any of provisions of this Agreement. The decision within five (5) school days after it has heard of the grievancearbitrator shall be binding upon both parties and all employees during the life of this Agreement, or, if except that such shall not usurp the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, functions or powers of the Board shall render its final decision within five (5) school days after receipt of Education as provided by statute. Fees and expenses of the Hearing Officerarbitration shall be borne equally by both parties.
h) Any complaint or grievance not presented for disposition through the grievance procedure set forth above within twenty-eight (28) calendar days of the occurrence of the facts or condition giving rise thereto, or within twenty-eight (28) calendar days of the grievant's findingsknowledge of their occurrence, whichever comes later, shall not thereafter be treated or processed as a grievance under this Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A a. An employee with a grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of first discuss it with his/her grievanceimmediate supervisor in an attempt to mutually resolve the matter at that level. The grievant and A written decision shall be rendered by the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator supervisor within five (5) school work days, but in no event should .
b. If the employee is not satisfied with the resolution of the grievance remain unresolved at Step 1 for twenty following his or her discussion with the immediate supervisor, the employee with a grievance shall first submit it in writing through the Association’s Grievance Representative to the immediate supervisor within five work days. The immediate supervisor shall meet with the employee and the Association's Grievance Representative within five (205) school work days after knowledge of receiving the written grievance. PSASA shall supply .
c. If the standard grievance form which shall contain aggrieved person is not satisfied with the following information: - Name and position disposition of the aggrieved employee - A statement of grievance by the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, immediate supervisor or if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a no decision in writing has been rendered within five (5) school days. In work days after his/her meeting, the event that employee shall file the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision written grievance with the president of the foregoing step may be appealed in writing by Association and/or the grievant to the Step 2 administrator Association's grievance committee within five (5) school work days after if he/she wishes to proceed with the decision grievance. If the Association feels that the grievance should be appealed, a written grievance shall be filed with the Director of the Step 1 administrator or his designated representative has been received. The Step 2 administrator Human Resources or his/her designated representative shall meet with the grievant designee within five (5) school work days.
d. If the Association is not satisfied with the disposition of the grievance by the Director of Human Resources or his/her designee, or if no written decision has been rendered within five (5) work days, the Association may file a written grievance with the Superintendent or his/her designee within ten (10) work days.
e. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his/her designee, or if no written decision has been rendered within ten (10) work days, the Association may request a hearing with the School Board. The School Board hearing will be held within twenty (20) work days of receipt of the appealwritten request and a written decision rendered within ten (10) work days.
f. If the decision of the Board does not resolve the grievance, the grievance may be appealed to arbitration in the following manner: The Board shall be notified in writing within twenty (20) calendar days after the date of its decision that the grievance is being submitted for arbitration.
i. The following procedure shall be used to secure the services of an arbitrator:
1. The aggrieved parties will attempt to agree upon a mutually satisfactory third party to serve as arbitrator. If no agreement is reached within ten (10) calendar days, the American Arbitration Association (AAA) will receive be notified and requested to submit a roster of at least two seven (7) persons qualified to function as arbitrator.
2. If the parties are unable to determine a mutually satisfactory arbitrator from the submitted roster within ten (10) school day's notice calendar days, they shall request the AAA to submit a second roster of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five least seven (57) school days after such meetingnames.
3. Area Executive Officer or Designee —Step 3 The decision of If the foregoing step may be appealed in writing by the grievant parties are unable to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officerdetermine, within ten (10) school calendar days after of the receipt of the second list, a mutually satisfactory arbitrator, the AAA shall submit a third roster with three (3) names. If an arbitrator cannot be mutually agreed upon within ten (10) calendar days, the parties shall arrange a conference telephone call with the Chairman or designee of the AAA during which each party shall be given an opportunity to establish good cause as to why any individual on the roster should not be appointed. The Chairman shall then designate an arbitrator from said roster.
4. The arbitrator shall limit him/herself to the issues submitted to him/her. The arbitrator shall be bound by and must comply with all of the terms of this Agreement. The arbitrator shall have no power to add to, delete from, or modify in any way any of the provisions of this Agreement. The decision of the arbitrator shall be binding.
5. The arbitrator shall issue and mail the arbitrator’s report to each party within thirty (30) calendar days of the completion of the hearing arbitrator’s hearing.
6. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence, and any other relevant expense shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.
g. No reprisals of any kind will be taken by the District or receipt by the Association against any employee, District staff member, or any other participant in the grievance procedure.
h. A grievance which is not filed within forty-five (45) working days of documents submitted the event(s) underlying the alleged grievance shall be waived regardless of whether the employee knew or should have known of the act or the condition on which the grievance is based.
i. Time limits for the processing of grievances may be extended by ▇▇▇▇▇▇▇▇▇ and Appelleemutual agreement, in writing, by both parties.
j. Forms for the Hearing Officer shall submit grievance procedure will be jointly prepared by the Superintendent or his/her findings of factdesignee and the Association, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall will be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsgiven appropriate distribution.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. A The parties hereto acknowledge that it is usually most desirable for the teacher or ESP and the immediately involved supervisor to resolve problems through free and informal communications. If, however, such informal processes fail to satisfy the teacher or ESP, a formal grievance shall must be presented and adjusted in the following mannerprocessed as follows:
1. Immediate Administrator-Step 1 A. The grievant shall present a the grievance orally in writing to his the immediate administrator supervisor within a reasonable time, but in no event longer than fifteen ten (1510) school days after knowledge by the staff member of the facts alleged occurrence of the event giving rise to the act or condition which is the basis of his/her grievance. The immediate supervisor shall arrange for a meeting to take place with the grievant and within ten (10) days of receipt of the immediate administrator grievance. The supervisor shall confer with provide a view written answer to arriving at a mutually satisfactory resolution. the grievance within ten (10) days of the meeting.
Step B. If the grievance is not resolved at Step 1A, then the grievant shall reduce may refer the grievance to writing and submit the same to the Step 1 administrator Superintendent or official designee within five ten (510) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision receipt of the Step 1 administrator or his designated representative has been receivedA answer. The Step 2 administrator or his/her designated representative Superintendent shall meet with the grievant arrange for a meeting to take place within five ten (510) school days of his receipt of the appeal. The aggrieved party will receive at least two Within ten (210) school day's notice days of the meeting and an opportunity to meeting, the grievant shall be heard. The provided with the Superintendent’s written response.
Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to C. If the grievant and Association are not satisfied with the decision issued at Step B, the grievant may submit the grievance to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision Board for its consideration by filing an appeal with the Secretary of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but Board no later less than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party prior to the next regularly scheduled Board within five (5) school days after meeting. Upon receiving such an appeal, the decision of Board shall allow the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer grievant an opportunity to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through meeting for which the submission of documents and without an evidentiary hearing, in accordance with procedures grievance was scheduled. Within one (if any1) established by month from the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the final hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard on the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt decision.
Step D. If the Association and grievant are not satisfied with the disposition of the Hearing Officer's findingsgrievance at Step C or the time limits expire without the issuance of the Board’s written reply, the Association may submit the grievance to final and binding arbitration with the Federal Mediation and Conciliation Service (FMCS) which shall act as the administrator of the proceedings. If a demand for arbitration is not filed within thirty (30) days of the date for the Step C answer, then the grievance shall be deemed withdrawn.
1. The arbitrator, in his/her award, shall not amend, modify, nullify, ignore or add to the provisions of this Agreement. His/her authority shall be strictly construed to deciding only the issues presented to him/her in writing by the Board and the Association, and his/her decision must be based only upon his/her interpretation of the meaning or the application of the express relevant language of this Agreement.
2. Each party shall bear the full costs of its representation in the grievance procedure.
3. If either party requests a transcript of the proceedings, that party shall bear full costs for the transcript. If both parties order a transcript, the costs of the two (2) transcripts shall be divided equally between the Board and the Association.
4. Each party shall share equally the costs of the arbitrator and the FMCS.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedure. INFORMAL LEVEL - A grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a discuss the grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of with his/her grievance. The grievant and principal with the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolutionobjective of resolving the grievance informally. If the grievance issue is the result of a district level decision the dispute should be discussed directly with the appropriate personnel at that level. FORMAL LEVEL 1 - If the grievant is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting satisfied with the grievant, and such meeting shall be held and a informal disposition or in the event that no decision in writing is rendered within five (5) school days. In days after presentation of the event that the grievant's immediate administrator is a Director III or Area Executive Officerinformal claim, then he/she may then submit a written grievance to the building principal, and shall skip Step 2.
2file a copy with the Association. Director III, Area Executive Officer The building principal or Designee —Step 2 The decision of the foregoing step may be appealed in writing by designee shall submit to the grievant and the Association a written answer to the Step 2 administrator grievance within five (5) days of receipt. (In the event the cause of the grievance is an action that occurs at the school corporation level, then the teacher may skip the preceding levels and move directly to Formal Level 2.) FORMAL LEVEL 2 - If the grievant is not satisfied with the disposition of Formal Level 1, within five (5) days of receipt of the principal's answer or within ten (10) days of the submission of the grievance to the principal in the event the principal has failed to give a written answer, the grievant or the Association may submit the written grievance to the Superintendent, or designee and so notify the Association. Within ten (10) days after the decision receipt of the Step 1 administrator written grievance, the Superintendent or his designated representative has been received. The Step 2 administrator or his/her designated representative designee shall meet with the grievant and thereafter shall submit to the grievant and the Association a written answer to the grievance within five (5) school days. FORMAL LEVEL 3 - If the grievant is not satisfied with the disposition at Formal Level 2, within five (5) days of receipt of the appealSuperintendent's answer or within twenty (20) days of the grievant’s submission of the grievance to the Superintendent in the event the Superintendent has failed to give a written answer, submit the written grievance to the Secretary of the Board, and so notify the Association. The aggrieved party will receive at least At its next regularly scheduled meeting, the Board shall designate a committee to meet with the grievant for the purpose of resolving the grievance. This committee shall be comprised of three (3) Administrators appointed by the Board and three (3) members appointed by the Association and two (2) school day's notice members of the meeting and an opportunity to be heardBoard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party committee must submit a recommendation to the Board within five (5) school days after meeting with the decision of the CEO or his/her designated representative has been receivedgrievant. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within Within ten (10) school days after receiving the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are receivedcommittee’s recommendation, the Board shall render its final decision within five (5) school days after receipt of submit to the Hearing Officer's findingsgrievant and the Association a written answer to the grievance or decide to hear the grievance.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. A grievance Level One: An employee or the Association, believing there has been a violation of this Agreement, shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to alleged violation orally discuss the act or condition which is the basis of grievance with his/her grievanceimmediate supervisor or designee in an attempt to resolve the matter. The grievant If the grievance involves more than one department, it may be filed with the Superintendent or his/her designee. If no resolution is obtained, the grievance shall be reduced to writing within five (5) days of the Level One discussion and the immediate administrator shall confer with a view forwarded to arriving at a mutually satisfactory resolutionLevel Two. Level Two: If the grievance is not resolved at Step 1Level One, then a copy of the grievant written grievance shall reduce be filed with the grievance to writing and submit the same to the Step 1 administrator immediate supervisor or designee, within five (5) school days, but in no event should days of the discussion at Level One. Copies of the written grievance remain unresolved at Step 1 for twenty shall be given to the Local Association Representative and the Superintendent or designee. Within five (205) school days after knowledge of grievance. PSASA shall supply receiving the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the written grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator immediate supervisor or his/her designee shall schedule a meeting will meet with the grievantgrievant(s) and not more than two (2) Association representatives from the local Association in an effort to resolve the grievance. Within five (5) days of the discussion, and such meeting the immediate supervisor or designee shall be held and render a decision in writing writing, transmitting a copy of the decision to the grievant( s), the Local Association President, and the Superintendent. Ifno decision is rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision days of the foregoing step meeting or the decision is unsatisfactory to the grievant(s) or the Association, the grievance may be appealed in writing at Level Three. Any Level Three appeal must be made by filing a copy of the grievant to written grievance, along with any previous responses, with the Step 2 administrator Superintendent. Any such appeal must be made within five (5) school days after the decision of the Step 1 administrator or his designated representative has been receivedLevel Two meeting. The Step 2 administrator or his/her designated representative Level Three: A copy of the written grievance shall meet be filed with the grievant within five (5) school days of receipt of the appealSuperintendent as specified in Level Two. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than Within ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findingswritten grievance, the Superintendent or designee shall meet with the grievant(s) and not more than two (2) Association Representatives in an effort to resolve it. The Board Within ten (10) days of the meeting, the Superintendent or designee shall render its final a written decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses and forward copies to the Hearing Officer's findings. If no responses are receivedgrievant(s), the Board shall render its final Local Association President and the immediate supervisor. Ifno decision is rendered within five (5) school days after receipt of the Hearing Officer's findings.ten
Appears in 1 contract
Sources: Master Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by Union ▇▇▇▇▇▇▇▇▇ and Appellee, with or without the Hearing Officer employee, shall submit his/her findings of fact, conclusions of law and recommendations present the grievance to the Board. The findings employee's immediate supervisor within seven (7) working days of the Hearing Officer shall be distributed act or omission giving rise to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, oror within three (3) additional working days of the date upon which either any of the employees affected by the situation, condition, or action to be aggrieved becomes aware of such act or omission. If the grievance is not presented by the Union ▇▇▇▇▇▇▇ as set forth in this step, the grievance shall be deemed waived. The supervisor shall attempt to adjust the matter and shall respond to the ▇▇▇▇▇▇▇ within three (3) working days.
Step 2 - If the grievance is not settled at Step 1, the grievance shall be presented in writing to the Department Head by the Union ▇▇▇▇▇▇▇ or other authorized Union representative within six (6) working days after the Supervisor's response is given or is due. A copy of said grievance shall be provided to the Manager of Labor Relations. The Department Head shall respond to the Union ▇▇▇▇▇▇▇ or other authorized Union representative in writing within ten (10) working days. If the grievance is not presented as set forth in this step, the grievance shall be deemed waived.
Step 3 - If the grievance is not settled at Step 2, the Business Manager of the Union and/or other authorized Union representative will present the grievance in writing to the Manager of Labor Relations within six (6) working days after the response at Step 2 is given or due. The Manager of Labor Relations will discuss the grievance with the Business Manager, if requested, and reply in writing within ten (10) working days of receiving the matter has been referred to grievance. If the grievance is not presented as set forth in this step, the grievance shall be deemed waived.
Step 4 - If a Hearing Officersettlement is not reached at Step 3, either the Union or the City may, within five four (54) school days after it has received the responses working days, request arbitration. Such notice must be given to the Hearing Officer's findingsManager of Labor Relations or the Business Manager of the Union. If no responses are receivedarbitration is not requested as set forth in this step, it shall be deemed waived, and the Board shall render its final decision within five (5) school days after receipt grievance resolved on the basis of the Hearing Officer's findingsresponse of the Manager of Labor Relations.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. A grievance shall be presented The parties acknowledge that it is usually most desirable for an employee and adjusted his/her immediately involved supervisor to resolve problems through free and informal communications. When requested by the teacher, the Association representative may intervene to assist in the resolution at this informal level. The immediately involved supervisor will give his/her answer within two (2) days following mannera meeting at this level. However, should such informal processes fail to satisfy the teacher, or the Association if a class grievance, then the grievance will be reduced to writing and the grievance processed as follows:
1. Immediate Administrator-Step 1 The grievant shall present Grievant may forward a written copy of the grievance orally to his immediate administrator within a reasonable the building Principal, indicating the nature of the grievance and stating the redress sought. A copy thereof will, at the same time, but in no event longer than fifteen be filed with the Superintendent and the Association. The Principal will arrange for a meeting with the grievant and/or his/her representative(s) to take place within ten (1510) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her receipt of the appeal. Each party will have the right to include in its representation such witnesses and counselors as it deems necessary to develop facts pertinent to the grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. .
Step 2 If the grievance is not resolved at Step 1, then the grievant shall reduce may, within five
Step 3 If the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved is not resolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply 2 the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference matter may revert to the applicable provisions of this Agreement and/or Board policyan informal process, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievantboth parties agree, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant order to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been receivedfind an amicable solution. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party time allowed for these informal talks will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision from the date of the foregoing step may be appealed in writing by Superintendent’s response or the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officergrievant may, within ten (10) school days after the completion of receipt of the hearing or Superintendent’s written response, forward the grievance in writing to the Chairperson of the Board of School Directors, together with written reason(s) for dissatisfaction with the decision of the Superintendent, stating the redress sought. The Superintendent will arrange for a meeting with the grievant and the Board to take place within twenty (20) days of the Board’s receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appelleethe appeal. Such meeting will be either an open meeting or executive session, at the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings option of the Hearing Officer shall be distributed to both partiesgrievant. Either Each party shall will have the right to submit a written response include in its representation such witnesses and counselors as it deems necessary to develop facts pertinent to the grievance. The Board may deliberate in executive session if it wishes, with its decision to be made in open session. The Board will, within five ten (510) school days after of this hearing, give its written decision, copies of which will be given to the grievant and the Association. Such written answer will include the reason(s) upon which the decision is based.
a. If the grievance is not resolved at Step 3, the matter may revert to an informal process, if both parties agree, in order to find an amicable solution. The time allowed for these informal talks will be twenty (20) days from the date of the Board’s response, or
b. The Association may, within twenty (20) days of receipt of the findingsBoard’s written response, demand final and binding arbitration. Such demand will be in writing and will be delivered by certified mail to the Superintendent of Schools. The arbitrator will be determined by mutual agreement between the Board shall render or its final decision designated representative and the Association or its designated representative. Should the parties be unable to agree upon an arbitrator within five ten (510) school days after it has heard the grievancedate of request, or, if the matter has been such grievance may be referred to a Hearing Officer, within five the American Arbitration Association (5AAA) school days after it has received the responses to the Hearing Officer's findingsunder its Voluntary Labor Arbitration Rules. If no responses are receivedthe demand for arbitration is not filed within the twenty (20) days, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsgrievance will be deemed withdrawn.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. A grievance Grievances, as defined by Section 6.1, shall be presented and adjusted resolved in conformance with the following mannerprocedure:
Step 1. Immediate Administrator-Step 1 The grievant shall present An Employee claiming a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by violation concerning the staff member of the facts giving rise to the act interpretation or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions application of this Agreement and/or Board policyshall, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five twenty-one (521) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school calendar days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant alleged violation has occurred, present such grievance to the CEO within five (5) school days after Chief Deputy or the decision of Employer designated representative. The Chief Deputy or the Step 2 administrator or his/her Employer designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting discuss and give an opportunity answer to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the such Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the completion of Chief Deputy’s or the hearing or receipt of documents submitted Employer- designated representative’s final answer in Step 1. Any grievance not appealed in writing to Step 2 by ▇▇▇▇▇▇▇▇▇ and Appelleethe Union within ten (10) calendar days shall be considered waived.
Step 2. If appealed, the Hearing Officer written grievance shall submit his/her findings of fact, conclusions of law be presented by the Union and recommendations to discussed with the BoardSheriff or Employer-designated Step 2 representative. The findings of Sheriff or the Hearing Officer Employer-designated representative shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after the Step 2 meeting. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Sheriff’s or the Employer-designated representative’s final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be distributed to both partiesconsidered waived.
Step 3. Either party If appealed, the written grievance shall have be presented by the right to submit a written response to Union and discussed with the Board Personnel Director or the Employer-designated Step 3 representative. The Personnel Director or the Employer-designated representative shall give the Union the Employer’s answer in writing within five ten (510) school calendar days after receipt of the findingsStep 3 meeting. The Board shall render its final decision A grievance not resolved in Step 3 may be appealed to Step 4 within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.ten
Appears in 1 contract
Sources: Labor Agreement
Procedure. An employee may institute a grievance on his/her own or may request the assistance of the Union. The proper procedure for pursuing adjudication of alleged grievances is as follows: Prior to filing a grievance at Step 1, the grievant shall first meet with his/her supervisor to try to resolve a potential grievance. The employee may ask a union representative to be present at the meeting. If the grievance cannot be resolved informally, within thirty (30) calendar days of the time a grievance arises, the grievant will commit the grievance to writing on a Grievance Review Request Form (Appendix D), sign it, and submit it to his/her immediate supervisor. This written grievance shall include: 1) the nature of the grievance; 2) the section(s) that allegedly have been misinterpreted or misapplied; and 3) the recommended solution to the grievance. A copy of the Grievance Review Request Form also shall be sent to the Assistant Superintendent of Human Resources. Within fourteen (14) calendar days after receipt of the written grievance, the appropriate administrative supervisor shall communicate his/her written response to the grievant and the Union. If the grievant is not satisfied with the resolution at Step One, he/she may, within fourteen (14) calendar days after receipt of the written response from Step One, submit the grievance to the Assistant Superintendent of Human Resources. The Assistant Superintendent of Human Resources or his/her designee shall meet with the grievant in an effort to resolve the grievance within fourteen (14) calendar days after receipt of the second step. Within fourteen (14) calendar days after receipt of the grievance, the Assistant Superintendent of Human Resources or his/her designee shall communicate a written response to the grievant and the Union. At the conclusion of Step Two, either the Union or District may request voluntary mediation in an attempt to resolve the grievance. Both parties must agree to mediation. In the event mediation occurs, the parties agree to suspend the timelines for submission to Step Three should there be no settlement at mediation. The parties will select an agreed upon mediator, which may utilize the Public Employees Relations Commission or another accepted entity. The parties will evenly split the cost of the mediator, if any and bear their own costs and expenses for mediation. Should the parties reach an agreed upon mediated settlement, the grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolutionconsidered resolved. If the grievance is not satisfactorily resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing OfficerTwo, within ten fourteen (1014) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school calendar days after receipt of the findingswritten response in Step Two or failure to reach a mediated resolution, the Union may submit the grievance to the American Arbitration Association for arbitration under their voluntary labor arbitration rules and within the following guidelines:
a) The arbitrator shall limit his/her decision strictly to disputes involving the application or interpretation of the express terms of this Agreement. The Board arbitrator shall render its final decision within five (5) school days after it has heard the grievancehave no power to change, oralter, if the matter has been referred to a Hearing Officerdetract from, within five (5) school days after it has received the responses or add to the Hearing Officer's findings. If no responses are receivedprovisions of this Agreement.
b) The arbitrator’s decision shall be final and binding on the Union, the Board shall render its final decision within five (5employee(s) school days after receipt involved, and the District.
c) The fees and expenses of the Hearing Officer's findingsarbitrator shall be shared equally by the District and the Union. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. 3.2.1 Step 1. A grievance shall must be presented and adjusted submitted on the form shown in Appendix A of this Agreement by the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer Supervisor and the Association representative not later than fifteen the tenth (151 Oth) school days working day after knowledge by the staff member of the facts giving rise to day on which occurred the act or condition of BOCES which is the basis subject of his/her the grievance. If that act of BOCES is considered to be a "continuing act," any remedy granted pursuant to this grievance procedure shall not apply to any period of time prior to the twentieth (20th) consecutive working day preceding the submission of the grievance. The Supervisor has five (5) working days after the day on which the grievance was submitted to answer the grievance in writing. During that five (5) working day period, the Supervisor, the grievant and the immediate administrator Association representative shall confer meet to discuss the grievance if either party so requests. Others who have knowledge o f the matter shall meet with a view to arriving at a mutually satisfactory resolutionthe Supervisor if he so requests. If the grievant is not satisfied with the answer, he has five (5) working days after the day on which his Supervisor gave him the answer to appeal the grievance in writing to the District Superintendent. If the grievant does not appeal the grievance in writing before the appeal time expires, the grievance is deemed satisfied by the Supervisor's answer.
3.2.2 Step 2. The second stage is the handling of a grievance by the District Superintendent. If a grievance is not resolved satisfactorily settled at Step 1the first stage, then the grievant shall reduce employee may request a review of the grievance to writing and submit determination thereof by the same to the Step 1 administrator District Superintendent or his designated representative within five (5) school days, but in no event should working days of the determination of the immediate supervisor. The specific nature of the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievanceand the facts relating thereto shall be submitted in writing by the employee. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position The District Superintendent or his designated representative shall, on request of the aggrieved employee - A statement of the grievanceemployee, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered hold an informal hearing within five (5) school days. In working days from the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appealwritten grievance at which time the employee and his representative may appear and present oral statements. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO District Superintendent or his designated representative shall meet with the grievant within five (5) school days make a written determination of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school -working days after from the completion date of the hearing or receipt informal hearing, if one is held, and provide a copy of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations decision to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsgrieving party.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:
Step 1. Immediate Administrator-Step 1 The grievant shall present An employee and his union representative having a grievance orally to must meet with his immediate administrator within supervisor for a reasonable timesimple direct decision, but in no event longer than fifteen (15) school days after knowledge by if possible. If “Step 1” does not resolve the staff member of grievance, the facts giving rise immediate supervisor will issue his written answer to the act or condition which is grievance within seven (7) City business days. Nothing in this agreement prohibits the basis of his/her grievance. The grievant and the immediate administrator shall confer with Union from filing a view to arriving at grievance on a mutually satisfactory resolutionmember’s behalf.
Step 2. If the grievance is not resolved at Step 1, then the grievant shall reduce the grievance desires to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of further process the grievance, including the relevant date - A reference it shall be referred in writing to the applicable provisions Fire Chief, or his designee, within seven (7) City business days of this Agreement and/or Board policy, if any - The corrective action requested - Signature receipt of the aggrieved employee - Date submitted and time “Step 1” response. The Step 1 administrator or his/her designee shall schedule a meeting with the grievantFire Chief, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative designee, shall meet with the grievant and his union representative within five seven (57) school City business days of receipt of the appealreferral. The aggrieved party will receive at least two Fire Chief, or his designee, shall issue his written answer to the grievance within ten (210) school day's notice City business days of receipt of the meeting and an opportunity grievance referral.
Step 3. If the grievant desires to further process the grievance, the grievance may be heardreferred in writing to the City Manager, or his designee, within seven (7) City business days of the receipt of the “Step 2” response. The Step 1 administratorCity Manager, or his/her designated representativehis designee, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant and/or his representatives within five seven (57) school City business days of receipt of the appealreferral. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO City Manager, or his designated representative designee, shall communicate his/her issue a written decision together with supporting reasons answer to the grievant and to the Step 1 administrator as soon as possible, but no later than grievance within ten (10) school 10)City business days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by grievance referral. If the Board. AlternativelyFire Chief, PSASA may elect or the City Manager, appoints a designee under this Section, the designee shall not be the same supervisor who issued the prior written answer at the time of filing an appeal at Step 4 to proceed through previous step, provided, however, that the submission of documents and without an evidentiary hearing, informal meeting provided for in accordance with procedures (if any) established by Section 5.2 does not prohibit any supervisor from participating in the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingslater grievance procedure steps.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. A If a decision is not returned to the employee within the time limits specified in each step below, the employee may, after the time limit has passed, present the grievance shall be presented and adjusted to the County representative specified in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member next step of the facts giving rise to grievance procedure. Grievances and appeals must be filed within the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolutiontime limits specified below. If the a grievance is not resolved at presented or if an appeal of a decision rendered regarding the grievance/appeal is not filed within the time limits, the grievance/appeal shall be considered resolved. The parties may mutually agree to skip steps in order to efficiently resolve the grievance.
Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal filed by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing employee or receipt of documents submitted by ▇▇shop ▇▇▇▇▇▇▇ with the employee's immediate supervisor within ten (10) working days of the occurrence which gave rise to the grievance or when the employee or Union should have reasonably had first knowledge of the grievance. Such grievance shall be filed in writing on a standard County grievance form or on the electronic County grievance form, shall set forth the specific contract provisions alleged to have been violated and Appelleeinclude the proposed remedy. Within five (5) working days of receipt of the written grievance, the Hearing Officer supervisor shall submit his/her findings of factmeet with the employee. Within five (5) working days thereafter, conclusions of law and recommendations a written decision shall be given to the Boardemployee.
Step 2. If a grievance is not settled at Step 1, it may be presented to the Department Director or designee. The findings of the Hearing Officer grievance shall be distributed to both parties. Either party shall have the right to submit a written response to the Board submitted within five (5) school working days after receipt of the findingsdecision at Step 1 or the expiration of the time limits, whichever is earlier. The Board Such appeal shall render its final decision within five (5) school days after it has heard be written on a standard County grievance form or on the grievanceelectronic County grievance form, or, if shall set forth the matter has specific contract provisions alleged to have been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are receivedviolated, the Board shall render its final decision within five (5) school days after receipt of reason for dissatisfaction and include the Hearing Officer's findings.proposed remedy. Within five
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. The parties intend every effort shall be made to share at all steps, all relevant and pertinent records, papers, data and names of witnesses to facilitate the resolution of grievances at the lowest possible level. A grievance by an employee, or a group of employees, as to the interpretation or application of the provision of this Agreement shall be presented and adjusted in the following manner:
Step 1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen Within five (155) school days after knowledge by from the staff member date of the facts action giving rise to the act or condition which is grievance, the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If the grievance is not resolved at Step 1, then the grievant employee shall reduce the grievance to writing and submit the same present it to the employee’s immediate supervisor, which includes the immediate supervisor on duty. The immediate supervisor will provide a written response to the employee and the FOP- OLC within seven (7) days of receipt of the grievance. The written grievance shall include: the name of the grievant (or statement that it is filed on behalf of all bargaining unit employees); the date(s) of the alleged action giving rise to the grievance; a brief description of the alleged action giving rise to the grievance; and the provisions of this Agreement alleged violated by the action.
Step 2. If the employee is not satisfied with the immediate supervisor’s Step 1 administrator response, the employee may move the grievance to the Director of Human Resources and the Police Chief at Step 2 within five (5) school days, but in no event should days of the grievance remain unresolved at date of the Step 1 for twenty response. Within fourteen (2014) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position receipt of the aggrieved employee - A statement of the Step 2 grievance, including the relevant date - A reference to Director of Human Resources, and the applicable provisions of this Agreement and/or Board policyPolice Chief, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall their designees, will schedule a meeting with the grievantemployee and the FOP-OLC to discuss the grievance. The Director of Human Resources and Chief of Police, and such meeting or their designees shall be held and issue a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion Step 2 meeting. Disciplinary Suspensions or Terminations: Disciplinary suspensions or terminations shall be appealed directly to Step 2 within seven (7) days from the date of the hearing action giving rise to the grievance.
Step 3. In the event the grievance is not settled or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appelleeotherwise adjusted at the Step 2 meeting, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party FOP-OLC shall have the right to submit a written response the grievance to arbitration by notifying the Board Employer within five twenty (520) school days after receipt from the issue date of the findingsStep 2 decision. Within thirty (30) days of the notification of the Union’s intent to arbitrate, the Union shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service and the arbitrator shall then be selected by the alternate-strike method. The arbitrator shall not have authority to add to or detract from the express provisions of this Agreement and the arbitrator’s authority shall be limited to interpreting the provisions of this Agreement, and determining whether they have been violated. The fee and expenses of the arbitrator shall be paid by the losing party. The decision of the arbitrator shall be final and binding upon the Employer, the FOP-OLC and the employees. It is agreed that during such proceedings there shall be no lockouts, strikes or stoppages of work. The procedure set forth in this Article shall be the exclusive method of redressing grievances between the parties, and decisions of arbitrators and settlements reached by the Employer and the FOP-OLC in any step of the grievance procedure shall be final and binding on the FOP-OLC, the Employer and the employees. It is clearly understood that at any stage in this grievance procedure, the Executive Board shall render of the FOP-OLC has the final authority, in its final decision within five representative capacity for the aggrieved employee(s), to decline to process a grievance further, if, after a reasonable and fair exercise of the Board’s judgment, it is concluded that a grievance (51) school days after it has heard lacks merit or justification under the grievanceterms of this Agreement, or, if the matter or (2) has been referred to settled or adjusted in a Hearing Officer, fair and equitable manner. Any grievance not filed or processed by the employee or the FOP-OLC within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board timeframes identified above shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingsbe irrevocably waived.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. A grievance The number of days indicated at each level shall be presented considered as maximum and adjusted every effort shall be made to expedite the process. The time limits may be exterided by mutual consent. If a grievance is filed on or after June 1st, the time limits may be reduced by mutual agreement in order to effect a solution prior to the end of the school year or as soon thereafter as is practicable. All grievances will proceed through each Level in the following manner:
1order indicated to a resolution. Immediate Administrator-Step 1 The grievant Written grievances as required herein shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge contain the following: Shall be signed by the staff member Grievant(s). Shall specify the relief sought Shall contain a synopsis of the facts giving rise to the act alleged violation(s). Shall identify the section or condition which is subsection of the basis Agreement alleged to have been violated. At each Level of the grievance both the Grievant(s) and the Board will answer in detail to clarify the issues of the grievance. A teacher with a grievance shall discuss it with his/her immediate supervisor/principal; individually, together with his/her Association Representative, or through the Association Representative. If no resolution is obtained within five (5) days of the discussion, the teacher shall reduce the grievance to writing on the form Grievance Form (Appendix F) and submit said grievance to his/her Building Principal. The Building Principal shall reply in writing on the Grievance Form and submit to the Association within five (5) days of receipt of the written grievance. In the event the Grievant(s) is not satisfied with the disposition of the grievance at Level One, or if no written response has been rendered with five (5) days ofreceipt of the written grievance, the grievance will be referred to Level Two - Labor Management Committee. The grievant request for Level Two will be submitted on the Grievance Form to the Human Resources Manager. Within five (5) days of the written request for Level Two of the Grievance Procedure the AEA representative shall contact the Human Resources Manager to set up the Labor Management meeting. On the Grievance Form a written disposition of the Labor Management Committee meeting will be prepared and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolutionsigned. If the grievance is not resolved at Step 1Level Two, then the grievant AEA representative shall reduce submit the grievance to writing and submit the same to the Step 1 administrator Superintendent within five seven (57) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of Labor Management Committee meeting via the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - Grievance Form. The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator Superintendent or his/her designee shall schedule a meeting meet with the grievant, and such meeting parties in an attempt to resolve the grievance. The Superintendent's disposition shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at via the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meetingGrievance Form.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.
Appears in 1 contract
Sources: Contractual Agreement
Procedure. 1. A grievant may initially discuss the matter identified as a grievance with the Business Administrator in an attempt to settle the grievance informally. This is not intended to extend the time limitations as set forth in Section B, Subsection 1.
2. A grievant may file a grievance in writing by presenting the written grievance to his supervisor and forwarding copies to the Superintendent and Business Administrator. The written grievance shall be presented and adjusted in the following mannerset forth:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by a. the staff member nature of the facts giving rise to the act or condition which is complaint
b. the basis of his/her grievancedissatisfaction c. remedy sought
3. The grievant and the immediate administrator Board Secretary/Business Administrator shall confer with a view to arriving meet at a mutually satisfactory resolution. If agreeable time in an attempt to resolve the grievance is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meetingworkdays following the date on which the meeting was requested.
34. Area Executive Officer or Designee —Step 3 The Board Secretary/Business Administrator shall communicate his decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no not later than ten (10) school work days after such following their meeting.
45. Board-Step If the grievance has not been resolved at step 4 The decision of the foregoing step procedure, the grievant may request a hearing with the Board or its representatives. The request shall be appealed made in writing not later than five (5) work days following the Board Secretary/Business Administrator's decision or, if no decision has been rendered by the aggrieved party to the Board Secretary/Business Administrator within five (5) school work days after the decision of the CEO or hisdate by which the Board Secretary/her designated representative has Business Administrator's decision should have been receivedrendered. Accompanying the written request the grievant shall set out in writing the basis for his dissatisfaction with the Board Secretary/Business Administrator's decision.
6. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents grievant and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such or its representatives shall meet at a review. In all matters referred mutually agreeable time in an attempt to a Hearing Officer, within resolve the grievance not later than ten (10) school work days after following the completion of date on which the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Boardwas requested. The findings of the Hearing Officer shall be distributed grievant may have up to both parties. Either party shall have the right to submit a written response to three representatives present when his grievance is reviewed by the Board within five (5) school days after receipt of the findingsor its representatives.
7. The Board shall render communicate its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses in writing to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.grievant not later than fifteen
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. A grievance shall be presented in writing and adjusted in it shall specify the following manner:
1issue being grieved, the provisions of the Agreement which have been violated, and the remedy requested. Immediate Administrator-No grievance shall be given formal consideration unless it is filed at Step 1 The grievant shall present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen thirty (1530) school days after knowledge by the staff member grievant had knowledge, or should have had knowledge, of the facts giving occurrence that gave rise to the act grievance.
Step 1- The ESP or condition which is the basis Union may present the grievance, in writing, to the Principal who will arrange for a meeting within five (5) days after receipt of his/her the grievance. The Union's representatives have the right to attend the meeting. The Principal must provide the grievant and the immediate administrator shall confer Union with a view to arriving at a mutually satisfactory resolutionwritten answer on the grievance within three (3) days after the meeting. If Such answer shall include the reasons upon which the decision was based. Step 2--If the grievance is not resolved at Step 1, then the grievant Union shall reduce have the right to refer the grievance to writing and submit the same to Superintendent, or their official designee, within six (6) days after the Step 1 administrator meeting. The Superintendent shall arrange for a meeting with the representatives of the grievant to take place within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of their receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either Each party shall have the right to submit a written response include in its representation such witnesses and counselors as it deems necessary to develop facts pertinent to the Board within five (5) school days after receipt grievance. Upon conclusion of the findings. The Board shall render its final hearing, the Superintendent will have ten (10) days in which to provide them written decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing OfficerUnion. Step 3--Arbitration--If the Union is not satisfied with the disposition of the grievance at Step 2, or the Step 2 time limits expire without the issuance of the Superintendent's findingswritten answer, then the Union may submit the grievance to final and binding arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Union which shall act as the administrator of the proceedings. If no responses are received, the Board shall render its final decision a demand for arbitration is not filed within five fifteen (515) school days after receipt of the Hearing Officer's findingsdate for the Step 2 reply, then the grievance will be deemed withdrawn.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. A An employee and the immediate Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be presented finally and adjusted in conclusively settled without stoppage of work by the following mannersteps:
1. Immediate Administrator-Step 1 The grievant employee shall present a formally take up the grievance orally to his immediate administrator with the Supervisor from whose decision it arose within a reasonable time, but in no event longer than fifteen four (154) school working days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. grievance arising.
Step 2 If the employee wishes to pursue the grievance is not resolved at further the employee shall, within two (2) working days of having taken the grievance up with the Supervisor in Step 1, then present such grievance in writing, on a form to be approved by the grievant shall reduce Board and the grievance to writing and submit the same Union, to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievanceBranch Librarian or Department Head. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference The Branch Librarian or Department Head will provide a reply to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five two (52) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school working days of receipt of the appeal. The aggrieved party will receive at least grievance.
a) If, having received a reply from the Branch Librarian or Department Head, the employee wishes to pursue the grievance further, the employee shall within two (2) school day's notice working days of receiving said reply, forward the completed grievance form to the Office of the meeting Chief Librarian or designate. The Chief Librarian's Office shall refer the grievance to a Grievance Sub-Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an opportunity to be heard. The Step 1 administrator, appointee of the Chief Librarian or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meetingdesignate.
3. Area Executive Officer or Designee —Step 3 c) The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. BoardGrievance Sub-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party Committee shall have the right to submit a written response to the Board within five (5) school days after receipt jointly investigate all aspects of the findings. The Board shall render its final decision within five (5) school days after it has heard grievance and to interview the Aggrieved, the Supervisor, the Branch Librarian or the Department Head and any other person who may have knowledge of the circumstances of the grievance, or, if the matter has been referred to a Hearing Officer.
d) The Grievance Sub-Committee shall, within five (5) school working days after it has received from the responses time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the Hearing Officer's findings. If no responses are receiveddefinition and resolution of the grievance, or its failure to agree, to the Aggrieved and the Branch Librarian or the Department Head involved, the Board shall render its final decision Chief Librarian or designate, the President of the Union and the Chief Human Resources Officer of the City of Burnaby.
e) Either member of the Grievance Sub-Committee may, within five (5) school working days after of the time of receiving the grievance, bypass Step 4 of this Grievance Procedure and refer the grievance to a Board of Arbitration of three (3) persons as referred to in Step 5 of this Procedure.
a) Either member of the Grievance Sub-Committee may request the convening of a Joint Grievance Committee to hear the grievance.
b) The Joint Grievance Committee shall be comprised of two (2) appointees of the Chief Librarian or designate, one (1) of whom shall be Chairperson, and two (2) appointees of the Union.
c) The Joint Grievance Committee shall consider the grievance and shall forward a statement of a unanimous, majority or tie vote decision, within five (5) working days of the date the grievance was received by the Chief Librarian or designate.
d) A unanimous or majority decision of the Joint Grievance Committee shall be binding on the Board, the Union and the Aggrieved. Step 5
a) In the event the Joint Grievance Committee is unable to reach a unanimous or majority decision, or in the event of a request from either member of the Grievance Sub-Committee as referred to in Step 3, the Board or the Union may submit the grievance to a Board of Arbitration of three (3) persons, one (1) of whom shall be appointed by the Chief Librarian or designate and one (1) by the Union. Such appointment shall be made within five (5) working days of the failure of the Joint Grievance Committee to reach a decision, or of the receipt of a request from either member of the Hearing Officer's findings.Grievance Sub-Committee, as referred to in Step 3. The third member shall be appointed within five (5) working days by the two
Appears in 1 contract
Sources: Collective Agreement
Procedure. A The parties hereto acknowledge that it is usually most desirable for an employee and the immediately involved supervisor to resolve problems through free and informal communications. If, however, such informal processes fail to satisfy the employee, a formal grievance shall must be presented and adjusted in the following mannerprocessed as follows:
1. Immediate Administrator-Step 1 A The grievant shall present a the grievance orally in writing to his or her immediate administrator supervisor within a reasonable time, but in no event longer than fifteen fourteen (1514) school days after knowledge by the staff member of the facts occurrence of the event giving rise to the act grievance, or condition which is within fourteen (14) days of the basis time the grievant should have known of his/her grievancesuch event. The grievant and supervisor shall provide a written answer to the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. grievance within ten (10) days of the receipt of the grievance.
Step B If the grievance is not resolved at Step 1A, then the grievant shall reduce may refer the grievance to writing and submit the same to the Step 1 administrator Superintendent or official designee within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the BoardStep A answer. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 The Superintendent shall arrange for a meeting to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, take place within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party shall have the right to submit a written response to the Board within five (5) school days after his receipt of the findingsappeal. Within ten (10) days of the meeting, the grievant shall be provided with the Superintendent's written response.
Step C If the Union and grievant are not satisfied with the disposition of the grievance at Step B or the time limits expire without the issuance of the Superintendent's written reply, the grievant may submit the grievance to final and binding arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association, which shall act as the administrator of the proceedings.
1. The Board shall render its final decision within five (5) school days after arbitrator may interpret this Agreement and apply it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findingsparticular case submitted to him; but he shall, however, have no authority to add to, subtract from, or in any way modify the terms of this Agreement; nor shall he have any authority to formulate or add any policies, practices or rules, except as they involve an application of this Agreement; nor shall he have any authority to formulate or add any new policies or rules; nor substitute his discretion for the Board;s discretion in cases where the Board is given discretion by this Agreement.
2. Each party shall bear the full costs for its representation in the grievance procedure.
3. If no responses are receivedeither party requests a transcript of the proceedings, that party shall bear full costs for that transcript. If both parties order a transcript, the Board shall render its final decision within five (5) school days after receipt costs of the Hearing Officer's findingstwo transcripts shall be divided equally between the Board and the Union
4. Each party shall share equally the cost of the arbitrator and the AAA.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. A 1. Any employee (or group of employees) who has a grievance shall be presented and adjusted discuss it first with the immediate supervisor involved in an attempt to resolve the following manner:
1matter informally (except in a case affecting the Association). Immediate Administrator-Step 1 The grievant In the case of an Association grievance, the Association shall present the grievance at the appropriate level where the grievance occurred or at which the protested decision was made. Presentation of a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by at the staff member Board level under such circumstances shall be processed through the office of the facts giving rise to the act Superintendent (or condition which is the basis of his/her grievancedesignee) as the Board's representative.
2. The grievant and If, as a result of the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If discussion, the grievance matter is not resolved at Step 1, then the grievant shall reduce the grievance to writing and submit the same to the Step 1 administrator satisfaction of the employee within five (5) school days, but in no event should the employee shall set forth the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievance. PSASA shall supply in writing to the standard grievance form which shall contain principal or supervisor, specifying the following information: - Name and position following:
a. The nature of the aggrieved employee - A statement grievance and the injury, loss, or inequity.
b. The results of previous discussions.
c. Employee's dissatisfaction with decisions previously rendered. Upon receipt of the grievance, including the relevant date - A reference principal or supervisor will send a copy of the grievance to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature office of the aggrieved employee - Date submitted and time Superintendent who will forward a copy to the Association. Upon receipt of the grievance, the Association may elect to have a representative or representatives present at all grievance meetings. The Step 1 administrator principal or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and supervisor will communicate a decision in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator employee, the Association, or its representatives and the Superintendent of Schools, in writing, within five three (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (53) school days of receipt of the appealwritten grievance.
3. The aggrieved party will receive at least two (2) school dayemployee may appeal the principal's notice or supervisor's decision to the Superintendent of Schools. The appeal to the Superintendent must be made in writing and must recite the specifics of the meeting and an opportunity matter submitted to be heardthe principal/supervisor as specified above, as well as the employee’s dissatisfaction with decisions previously rendered. The Step 1 administrator, or his/her designated representative, may be present at Superintendent shall attempt to resolve the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator matter as soon quickly as possible, but within a period not to exceed ten (10) calendar days. The Superintendent shall communicate a decision, in writing, to the employee, the principal or supervisor, and the Association.
4. If the grievance is not resolved to the grievant’s satisfaction, the grievant may request a review by the Board of Education. The request shall be submitted, in writing, to the Superintendent of Schools who shall attach all related papers and forward the request to the Board. The Board, or a committee thereof, in its sole discretion, may review the grievance. If the Board is in agreement with the Superintendent, a hearing by the Board may be waived. If the Board, in its sole discretion, determines that a hearing shall be held, a decision shall be rendered, in writing, no later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision second Board meeting of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with month in which the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons grievance is submitted to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meetingBoard.
45. BoardIf the Association determines that the grievance is meritorious and does not involve the nonrenewal of a non-Step 4 The decision of the foregoing step may be appealed tenure employee's contract, except as provided for in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or Article 18, Fair Dismissal Procedure, it may refer submit the matter for hearing grievance to a Hearing Officer to be designated by said Board. The grievance shall be heard arbitration within fifteen (15l5) school work days after the receipt of the appeal request by the Boardaggrieved. Alternatively, PSASA may elect at A request for a list of arbitrators shall be made to the time Public Employment Relations Commission by either party. The parties shall then be bound by the rules of filing the Public Employment Relations Commission in the selection of an appeal at Step 4 arbitrator. The arbitrator so selected shall confer with representatives of the Board and the Association and shall hold hearings promptly. The arbitrator shall be requested to proceed through issue a decision no later than thirty (30) days from the submission date of documents and without an evidentiary the close of the hearing, or if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted. The arbitrator's decision shall be in accordance with procedures (if any) established writing and shall set forth the findings, reasoning and conclusions on the issues submitted. The arbitrator shall be without power to make any decision which requires the commission of an act prohibited by law or which violates the terms of this Agreement. The authority of the arbitrator shall be limited solely to the interpretation of the Agreement and the arbitrator shall have no authority to add to, subtract from, or modify any provisions of this Agreement. The decision of the arbitrator shall be binding upon the Board and the Association. The cost for the services of the arbitrator shall be shared equally by the Board for such a reviewand the Association, and any other expenses incurred shall be paid by the party incurring same.
6. In all matters referred At no point prior to a Hearing Officer, within ten (10) school days after the completion an official hearing or meeting of the hearing Board shall any employee or receipt employee representative discuss with members of documents submitted by ▇▇▇▇▇▇▇▇▇ the Board the subject of the employee's grievance or matters relating thereto.
7. Nothing contained herein shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with an appropriate member of the Administration, and Appelleehaving a grievance adjusted without intervention of the Association, provided adjustment is not inconsistent with the Hearing Officer terms of the Agreement and that the Association has been given the opportunity to be present at any level and state its views.
8. An employee, an administrator and/or the Board may have representatives or witnesses of their choice in attendance at all levels of the grievance.
9. All documents, communications and records dealing with ·the processing of a grievance shall submit his/her findings be kept in a separate grievance file and shall not be kept in the personnel file of fact, conclusions any of law and recommendations to the Boardparticipants.
10. The findings of the Hearing Officer Board shall be distributed to both parties. Either party shall also have the right to submit a written response alleged violations of the terms of this Agreement to binding arbitration in accordance with paragraph 5 of this section.
11. No reprisals of any kind shall be taken by the Board within five (5) school days after receipt or any member of the findingsAdministration against any party in interest, any representative, any member of the Association or its committees, or any other participant in this grievance procedure by reason of such participation. The Board In addition, no reprisals of any kind shall render its final decision within five (5) school days after it has heard be taken by an employee or the grievanceAssociation against any party in interest, orany representative, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, any member of the Board or its committees, or any other participants in the grievance procedure by reason of such participation.
12. During the pendency of any hearing the grievant shall render its final decision within five (5) school days after receipt of the Hearing Officer's findingscontinue to perform assigned duties.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. A grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The One Within ten (10) calendar days of the time that the grievant knew, or reasonably should have known, of the alleged contract violation, the grievant shall meet informally with the building principal during non-teaching hours and present a grievance orally to his immediate administrator within a reasonable time, but in no event longer than fifteen (15) school days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The building principal shall orally answer the grievant within three (3) working days of the date of this meeting.
2. Step Two
a. Within three (3) working days of the date the principal's oral answer is received by the grievant, and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. If if the grievance is not resolved at Step 1resolved, then the grievant shall reduce the grievance to writing and submit identify: (1) the same name the employee involved, (2) the facts giving rise to the Step 1 administrator grievance, (3) the specific provisions of the collective bargaining agreement between the South Spencer County School Corporation and the South ▇▇▇▇▇▇▇ Classroom Teachers Association alleged to be violated, (4) the contention of the grievant with respect to the grievance, and, (5) the specific relief requested.
b. Upon receipt of the grievance, the principal may request a meeting with the grievant. This meeting will be held within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school working days after knowledge of grievance. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of date the grievance, including principal requests the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - meeting. The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee principal shall schedule a meeting with the grievant, and such meeting shall be held and a decision communicate his answer in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school working days of receipt the date of this meeting. If no meeting is held, the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, principal shall communicate his/her written decision together with supporting reasons his answer in writing to the grievant and to the Step 1 administrator as soon as possible, but not later than five within ten (510) school days after such meetingworking days.
3. Area Executive Officer or Designee —Step 3 The decision of Three
a. If the foregoing step grievance is not resolved in Step Two, the grievant, may be appealed in writing by the grievant to the CEO within five (5) school working days after the decision of the Step 2 administrator receipt of principal's answer, appeal to the superintendent by filing the grievance and the principal's answer, along with any written response of the grievant to the answer of the principal, with the office of the superintendent.
b. The superintendent, or his/her his designated representative has been receivedrepresentative, may request a meeting with the grievant to discuss the grievance. The CEO This meeting will be held within ten (10) working days of the date the superintendent or his designated representative shall meet with requests the grievant within five (5) school days of receipt of the appealmeeting. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO superintendent or his designated representative shall communicate his/her written decision together with supporting reasons his answer in writing to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school working days of the date of this meeting. If no meeting is held, the principal shall communicate his answer in writing to the grievant within twenty (20) working days.
4. Step Four Within ten (10) working days after receiving the completion decision of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appelleesuperintendent, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations grievant may appeal the superintendent's decision to the Board. The findings Board will hold a hearing on the grievance within twenty (20) working days of the Hearing Officer shall date it receives the appeal. This timeline may be distributed extended if necessary to both parties. Either party shall have comply with the right to submit a written response to the Board within five (5) school days after receipt notice provisions of the findingsIndiana's Open Door law. The Board shall will render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses in writing to the Hearing Officer's findingsgrievant within twenty (20) working days of the hearing. If no responses are received, The decision of the Board shall render its be final decision within five (5) school days after receipt of the Hearing Officer's findingsand binding.
Appears in 1 contract
Sources: Professional Agreement
Procedure. The importance of having grievances processed as quickly as possible suggests that the number of days indicated at each level should be considered as a maximum and every effort made to expedite the process. The time limits, may, however, be extended by mutual written agreement. A grievance shall be presented and adjusted in the following manner:
1. Immediate Administrator-Step 1 The grievant shall present a grievance orally to his immediate administrator filed within a reasonable time, but in no event longer than fifteen (15) school work days after knowledge of the event. The employee shall have the right to be represented by the staff member of the facts giving rise to the act or condition which is the basis of Union representative.
Level 1: An employee with a grievance may request a meeting with his/her grievance. The grievant and immediate supervisor, with the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolutionobjective of resolving the matter informally. If an impasse occurs, the grievance is not resolved at Step 1, then the grievant employee shall reduce the grievance to writing and submit may request a meeting with the same Division Head. The Division Head shall render a decision, in writing, within fifteen (15) work days of the date of the written grievance.
Level 2: If the aggrieved is not satisfied with the disposition of the grievance at Level 1, within ten (10) work days from receipt of the reply to the Step grievance from the Division Head, the employee will inform the Department Administrator in writing that the grievant wishes to have a non-public meeting with the Department Administrator. The Department Administrator shall schedule and conduct a meeting within ten (10) work days of receipt of the appeal to the Department Administrator and shall render a decision within ten (10) work days of said meeting.
Level 3: If the grievance or dispute has not been satisfactorily resolved pursuant to Levels 1 administrator and 2, the Union shall present it to the County Administrator, or his/her designated representative within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school work days after knowledge of grievancereceiving the response from ▇▇▇▇▇ ▇, or within five (5) work days after the response was due. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator County Administrator or his/her designee shall schedule a meeting with settle the grievant, matter and such meeting shall be held and a decision respond in writing rendered within five (5) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The aggrieved party will receive at least two (2) school day's notice of the meeting and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meeting.
3. Area Executive Officer or Designee —Step 3 The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. Board-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after work days. If the completion County Administrator intends to Level 4: If no settlement of the hearing grievance or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appelleedispute has been reached between the parties, the Hearing Officer Union may move the grievance or dispute to arbitration within thirty (30) calendar days of either
(a) receiving the County Administrator’s/designee’s response, or (b) from when the response was due. If the Union wishes to move a grievance to arbitration, it shall submit notify the Public Employment Relations Commission and the County that they are moving a grievance to arbitration and request that a list of arbitrators be furnished to the County and the Union. The arbitrator shall be chosen in accordance with the procedures set forth by the Public Employment Relations Commission. The arbitrator shall hear the matter on the evidence and within the meaning of the Agreement, render his/her findings of factaward, conclusions of law in writing, which shall be final and recommendations to the Boardbinding. The findings cost of the Hearing Officer arbitrator's fee shall be distributed to both born equally by the parties. Either party shall have the right to submit a written response to the Board within five (5) school days after receipt of the findings. The Board shall render its final decision within five (5) school days after it has heard the grievance, or, if the matter has been referred to a Hearing Officer, within five (5) school days after it has received the responses to the Hearing Officer's findings. If no responses are received, the Board shall render its final decision within five (5) school days after receipt of the Hearing Officer's findings.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Procedure. A An employee and the immediate Supervisor shall attempt to resolve a potential grievance as defined in Clause 16.1 before it is submitted to the formal grievance procedure outlined below. However, if the employee and Supervisor are unable to resolve such potential grievance, it shall be presented finally and adjusted in conclusively settled without stoppage of work by the following mannersteps:
1. Immediate Administrator-Step 1 The grievant employee shall present a formally take up the grievance orally to his immediate administrator with the Supervisor from whose decision it arose within a reasonable time, but in no event longer than fifteen four (154) school working days after knowledge by the staff member of the facts giving rise to the act or condition which is the basis of his/her grievance. The grievant and the immediate administrator shall confer with a view to arriving at a mutually satisfactory resolution. grievance arising.
Step 2 If the employee wishes to pursue the grievance is not resolved at further the employee shall, within two (2) working days of having taken the grievance up with the Supervisor in Step 1, then present such grievance in writing, on a form to be approved by the grievant shall reduce Board and the grievance to writing and submit the same Union, to the Step 1 administrator within five (5) school days, but in no event should the grievance remain unresolved at Step 1 for twenty (20) school days after knowledge of grievanceBranch Librarian or Department Head. PSASA shall supply the standard grievance form which shall contain the following information: - Name and position of the aggrieved employee - A statement of the grievance, including the relevant date - A reference The Branch Librarian or Department Head will provide a reply to the applicable provisions of this Agreement and/or Board policy, if any - The corrective action requested - Signature of the aggrieved employee - Date submitted and time The Step 1 administrator or his/her designee shall schedule a meeting with the grievant, and such meeting shall be held and a decision in writing rendered within five two (52) school days. In the event that the grievant's immediate administrator is a Director III or Area Executive Officer, then he/she shall skip Step 2.
2. Director III, Area Executive Officer or Designee —Step 2 The decision of the foregoing step may be appealed in writing by the grievant to the Step 2 administrator within five (5) school days after the decision of the Step 1 administrator or his designated representative has been received. The Step 2 administrator or his/her designated representative shall meet with the grievant within five (5) school working days of receipt of the appeal. The aggrieved party will receive at least grievance.
a) If, having received a reply from the Branch Librarian or Department Head, the employee wishes to pursue the grievance further, the employee shall within two (2) school day's notice working days of receiving said reply, forward the completed grievance form to the Office of the meeting Chief Librarian. The Chief Librarian's Office shall refer the grievance to a Grievance Sub- Committee within one (1) working day.
b) The Grievance Sub-Committee shall consist of an appointee of the Union and an opportunity to be heard. The Step 1 administrator, or his/her designated representative, may be present at appointee of the meeting and state his/her views. The Step 2 administrator, or his/her designated representative, shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but not later than five (5) school days after such meetingChief Librarian.
3. Area Executive Officer or Designee —Step 3 c) The decision of the foregoing step may be appealed in writing by the grievant to the CEO within five (5) school days after the decision of the Step 2 administrator or his/her designated representative has been received. The CEO or his designated representative shall meet with the grievant within five (5) school days of receipt of the appeal. The grievant will receive at least two (2) school days' notice of the meeting and an opportunity to be heard. The Step 3 administrator or his/her designated representative may be present at the meeting and state his/her views. The CEO or his designated representative shall communicate his/her written decision together with supporting reasons to the grievant and to the Step 1 administrator as soon as possible, but no later than ten (10) school days after such meeting.
4. BoardGrievance Sub-Step 4 The decision of the foregoing step may be appealed in writing by the aggrieved party to the Board within five (5) school days after the decision of the CEO or his/her designated representative has been received. The Board may hear the appeal or it may refer the matter for hearing to a Hearing Officer to be designated by said Board. The grievance shall be heard fifteen (15) school days after the receipt of the appeal by the Board. Alternatively, PSASA may elect at the time of filing an appeal at Step 4 to proceed through the submission of documents and without an evidentiary hearing, in accordance with procedures (if any) established by the Board for such a review. In all matters referred to a Hearing Officer, within ten (10) school days after the completion of the hearing or receipt of documents submitted by ▇▇▇▇▇▇▇▇▇ and Appellee, the Hearing Officer shall submit his/her findings of fact, conclusions of law and recommendations to the Board. The findings of the Hearing Officer shall be distributed to both parties. Either party Committee shall have the right to submit a written response to the Board within five (5) school days after receipt jointly investigate all aspects of the findings. The Board shall render its final decision within five (5) school days after it has heard grievance and to interview the Aggrieved, the Supervisor, the Branch Librarian or the Department Head and any other person who may have knowledge of the circumstances of the grievance, or, if the matter has been referred to a Hearing Officer.
d) The Grievance Sub-Committee shall, within five (5) school working days after it has received from the responses time of receiving the grievance, communicate in writing any mutually agreed findings and recommendations as to the Hearing Officer's findings. If no responses are receiveddefinition and resolution of the grievance, or its failure to agree, to the Aggrieved and the Branch Librarian or the Department Head involved, the Board shall render its final decision Chief Librarian, the President of the Union and the Human Resources Director of the City of Burnaby.
e) Either member of the Grievance Sub-Committee may, within five (5) school working days after of the time of receiving the grievance, bypass Step 4 of this Grievance Procedure and refer the grievance to a Board of Arbitration of three (3) persons as referred to in Step 5 of this Procedure.
a) Either member of the Grievance Sub-Committee may request the convening of a Joint Grievance Committee to hear the grievance.
b) The Joint Grievance Committee shall be comprised of two (2) appointees of the Chief Librarian, one (1) of whom shall be Chairperson, and two (2) appointees of the Union.
c) The Joint Grievance Committee shall consider the grievance and shall forward a statement of a unanimous, majority or tie vote decision, within five (5) working days of the date the grievance was received by the Chief Librarian.
d) A unanimous or majority decision of the Joint Grievance Committee shall be binding on the Board, the Union and the Aggrieved. Step 5
a) In the event the Joint Grievance Committee is unable to reach a unanimous or majority decision, or in the event of a request from either member of the Grievance Sub-Committee as referred to in Step 3, the Board or the Union may submit the grievance to a Board of Arbitration of three (3) persons, one (1) of whom shall be appointed by the Chief Librarian and one (1) by the Union. Such appointment shall be made within five (5) working days of the failure of the Joint Grievance Committee to reach a decision, or of the receipt of a request from either member of the Hearing Officer's findings.Grievance Sub-Committee, as referred to in Step 3. The third member shall be appointed within five (5) working days by the two
Appears in 1 contract
Sources: Collective Agreement