Common use of Procedures and Timelines Clause in Contracts

Procedures and Timelines. 1. Details of grievance proceedings shall be kept confidential, unless otherwise required by legal process. 2. When new, relevant, information becomes known after the grievance has been filed, and subsequent to any step in the grievance procedure, the grievance shall revert to the preceding step where such information would have been relevant, had it been known. The Union and KCPS shall use good faith best efforts to agree to which step the grievance shall revert. Failure to agree will result in the grievance reverting to the previous step prior to the step immediately prior to the step then pending when the information became known. The new information shall be presented at that previous step, and the grievance shall proceed thereafter in accordance with the regular procedure as if that step had not been taken previously. 3. Except for decisions rendered during the informal pre-grievance resolution process, all grievance decisions shall be rendered in writing at each step of the grievance procedure and transmitted to the Grievant and the Union. 4. At any step, upon request, the Grievant may be accompanied by a Union Representative. 5. All grievances shall be in writing and shall include the following: i) Name and location of the employee or group of employees involved: (1) Name and location of the employee or group of employees involved; (2) Identification of the specific CBA section, Board Policy sections, or Administrative Policy section directly related to working conditions alleged to have been violated or misinterpreted; (3) Conditions and specific statements of all the facts giving rise to the grievance and the nature of the allegation that the CBA, Board Policy, or Administrative Policy have been violated or misinterpreted directly related to working conditions; and (4) Specific relief desired/requested by ▇▇▇▇▇▇▇▇ and/or Union. 6. Time limits specified in the procedure may be modified by mutual agreement between the Grievant, the Administrator appointed to hear the grievance, and the Chief Human Resource Officer (or designee). In the event of an approved absence of the Grievant or the Administrator, time limits shall be temporarily suspended. 7. The majority representative of the Union shall receive copies of all filed grievances and written responses by Administration provided the Grievant is a member of the Union. If the Grievant is not a member of the Union, such ▇▇▇▇▇ shall only be provided upon KCPS receiving written authorization from the Grievant. The Chief of Human Resources (or designee) shall be provided with a copy of all filed grievances and written responses no later than the time such are provided to the President of the Union. 8. The Union and KCPS agree to facilitate any investigations which may be required and to make available any and all non-privileged, non-confidential material and otherwise relevant documents, communications and records concerning the grievance to the other party. 9. The Union and KCPS shall have the right at all steps of a grievance proceeding to confront and cross-examine all witnesses. 10. Grievances arising from the action of an Administrator other than the immediate supervisor of the employee, can be initiated at Step Two by filing the grievance with the Chief of Human Resources (or designee). 11. After any grievance proceeding has reached Step Two, any party shall have the right, at his/her expense, to legal and/or stenographic assistance. 12. Any hearing pursuant to this grievance procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses, entitled to be present to attend. Representatives so designated may investigate, discuss and present a grievance of an employee or employees during regular work hours, subject to the provision relating to the Visits to Schools (Article II, Union and Management Rights, F, page 6). Time spent investigating, discussing and/or presenting a grievance shall not be unreasonable or excessive. The President of the Union or the Grievant’s representative, shall not be coerced, or interfered with during the performance of his/her duties of investigating and representing the grievant. There will be no retaliation against any employee(s) who files a grievance.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures and Timelines. 1. a. Details of grievance proceedings shall be kept confidential, unless otherwise required by legal process. 2. When b. Where new, relevant, relevant information becomes known after the grievance has been filed, filed and subsequent to any step in the grievance procedure, the grievance shall revert to the preceding step where such information would have been relevant, had it been known. The Union and KCPS shall use good faith best efforts to agree to which step the grievance shall revert. Failure to agree will result in the grievance reverting to the previous step prior to the step immediately prior to the step then pending when the information became known. The new information shall be presented at that previous step, and the grievance shall proceed thereafter in accordance with the regular procedure procedures as if that step had not been taken previously. 3. c. Except for decisions rendered during the informal pre-grievance resolution process, all grievance decisions shall be rendered in writing at each step of the grievance procedure and transmitted to the Grievant Union and the UnionGrievant. 4. d. At any step, upon request, the Grievant grievant may be accompanied by a Union Representativerepresentative. 5. e. All grievances shall be in writing and shall include the following: i) i. Name and location of the employee or group of employees involved:. (1) Name and location of the employee or group of employees involved; (2) ii. Identification of the specific CBA section, Board Policy sectionssection, or Administrative Policy section directly related to working conditions alleged to have been violated or misinterpreted;. (3) Conditions and specific statements iii. Statement of all the facts giving rise to the grievance and the nature Grievance A complete statement of the allegation that the CBA, Board Policy, or Administrative Policy have been violated or misinterpreted directly related to working conditions; andalleged grievance outlining what has occurred. (4) iv. Specific relief desired/requested by ▇▇▇▇▇▇▇▇ and/or Unionrequested. 6. v. Time limits specified in the procedure may be modified changed by mutual agreement between the Grievant, Grievant and the Administrator appointed to hear the grievance, grievance and the Chief of Human Resource Officer Resources (or designee). In the event of an approved absence of the a Grievant or the Administrator, time limits shall be temporarily suspended. 7vi. The majority representative of the Union shall receive copies of all filed grievances and written responses by Administration provided the Grievant is a member of the Union. If the Grievant is not a member of the Union, such ▇▇▇▇▇ copies shall only be provided upon KCPS receiving written authorization from the Grievant. The Chief of Human Resources (or designee) shall be provided with a copy of all filed grievances and written responses no later than the time such are provided to the President of the Union. 8vii. The Union and KCPS agree to facilitate any investigations which may be required and to make available any and all non-privileged, non-non- confidential material and otherwise relevant documents, communications and records concerning the grievance to the other party. 9viii. The Union and KCPS shall have the right at all steps of a grievance proceeding to confront and cross-examine all witnesses. 10ix. Grievances arising from the action of an Administrator official, other than the immediate supervisor of the employee, can be initiated at Step Two by filing the a grievance with the Chief of Human Resources (or designee). 11. x. After any grievance proceeding has reached Step Two, any party shall have the right, at his/her own expense, to retain legal representation and/or stenographic assistanceservices. 12xi. Any hearing pursuant to this grievance procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses, entitled to be present to attend. Representatives so designated may investigate, discuss and present a grievance of an employee or employees during regular work hours, subject to the provision relating to the Visits to Schools (Article II, Union and Management Rights, F, page 6). Time spent investigating, discussing and/or presenting in handling a grievance shall not be unreasonable or excessive. The President authorized majority representative of the Union or the Grievant’s Grievant representative, shall not be coerced, or interfered with during the performance of his/her duties of investigating and representing the grievantGrievant. There will be no retaliation against any employee(s) who files file a grievance. xii. Resorting to the grievance procedure shall not constitute an election of remedies by an employee, but, if appropriate and after exhausting the grievance procedure, an employee shall have the right to pursue any legal remedies which he/she might otherwise possess. xiii. Discrimination and harassment complaints shall be reported pursuant to Board Policy and/or Administrative Policy. Unless otherwise agreed to by the parties, any settlement documents, orders and monetary payments resulting from any step of the grievance process shall be satisfied within forty (40) calendar days from the date of the award. And employee has a right to pursue any and all courses of action he or she believes exist in a court of law; filing a grievance does not preclude an employee from pursuing legal action. If an employee files a complaint (or petition) in state or federal court or with any administrative agency (such as, but not limited to, EEOC, MCHR or KCHRC), the grievance procedure for that grievance shall be immediately suspended until the legal proceeding is completed or dismissed, and any further grievances to which the employee wishes to file may be filed with the Chief of Human Resources (or designee), but shall be stayed immediately after the filing until the original grievance has been decided or disposed, regardless of whether or not the two grievances concern the same or similar section of the Collective Bargaining Agreement, classified section of Board Policy or classified section of Administrative Policy alleged to have been violated, misapplied or misinterpreted. xiv. If an employee is successful in his or her grievance appeal and is awarded monetary relief, KCPS shall not be responsible for back-pay and benefits for any days that a claim, filed by the grievant, was also pending in a court of law or administrative agency that caused the grievance process to be delayed. xv. The timelines contained herein will be strictly enforced. The party that fails to follow the timeline guidelines will automatically lose the grievance, unless the parties have agreed in writing to modify any applicable timelines. xvi. Step 6 (arbitration) shall only be available for the following grievance categories: (1) Nonpayment for services rendered (2) Termination

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures and Timelines. 1. Details of grievance proceedings shall be kept confidential, unless otherwise required by legal process. 2. When In the situation where new, relevant, information becomes known after the grievance has been filedcomes to light, and subsequent to any step in the grievance procedure, the grievance shall revert to the preceding step where such information would have been relevant, had it been known. The Union and KCPS the District shall use good faith best efforts to agree to which step the grievance shall revert. Failure to agree will result in the grievance reverting to the previous step prior to the step immediately prior to the step then pending when the information became knownstep. The new information shall be presented at that previous step, and the grievance shall proceed thereafter in accordance with the regular procedure as if that step had not been taken previously. 3. Except for decisions rendered during the informal pre-grievance resolution processdecisions, all grievance decisions shall be rendered in writing at each step of the grievance procedure and transmitted to the Grievant Union and the UnionGrievant. 4. At any step, upon request, the Grievant grievant may be accompanied by a Union Representativeunion representative and the grievant is encouraged to present his/her grievance orally to his/her immediate supervisor. 5. All grievances shall be in writing and shall include the following: i) Name and location of the employee or group of employees involved: (1) a. Name and location of the employee or group of employees involved; (2) b. Identification of the specific CBA contract section, Administrative or School Board Policy sectionsPolicy, or Administrative Policy section directly related to working conditions alleged to have been violated or misinterpreted; (3) c. Conditions and specific statements of all the facts giving rise to the grievance and the nature of the allegation that the CBA, Board Policy, or Administrative Policy have been violated or misinterpreted directly related to working conditionsalleged violation; and (4) d. Specific relief desired/requested by ▇▇▇▇▇▇▇▇ and/or Unionrequested. 6. Time limits specified in the procedure may be modified changed by mutual agreement between the Grievant, grievant and the Administrator appointed to hear appropriate administrator hearing the grievance, but must be done in writing signed by the grievant and the Chief Human Resource Officer (or designee)administrator hearing the grievance. In the event of an approved absence of the Grievant a grievant or the Administratorappropriate administrator, time limits shall be temporarily suspended. 7. The majority representative of the Union shall receive copies of all filed grievances and written responses by Administration provided the Grievant is a member from Step Two and beyond of the Union. If the Grievant is not a member of the Union, such ▇▇▇▇▇ shall only be provided upon KCPS receiving written authorization from the Grievant. The Chief of Human Resources (or designee) shall be provided with a copy of all filed grievances and written responses no later than the time such are provided to the President of the Uniongrievance procedure. 8. The Union and KCPS the District agree to facilitate any investigations which may be required and to make available any and all non-privileged, non-confidential material and otherwise relevant documents, communications and records concerning the grievance to the other partygrievance. 9. The Union and KCPS the District shall have the right at all steps of a grievance proceeding to confront and cross-examine all witnesses. 10. Grievances arising from the action of an Administrator official, other than the immediate supervisor of the employee, can be initiated at Step Two by filing the grievance Two, with the Chief of Human Resources (or designee)Capital Management. 11. After any grievance proceeding has reached Step Twotwo, any party shall have the right, at his/her own expense, to legal and/or stenographic assistance. 12. Any hearing pursuant to this grievance procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses, entitled to be present to attend. Representatives so designated may investigate, discuss and present a grievance of an employee or employees during regular work hours, subject to the provision relating to the Visits to Schools (Article II, Union and Management Rights, FF., page 6). Time spent investigating, discussing and/or presenting in handling a grievance shall not be unreasonable or excessive. The President authorized majority representative of the Union or the Grievantgrievant’s representative, shall not be coerced, or interfered with during the performance of his/her duties of investigating and representing the grievant. There will be no retaliation against any employee(s) who files a grievance. 13. Resorting to the grievance procedure shall not constitute an election of remedies by an employee, but if appropriate and after exhausting the grievance procedure, an employee shall have the right to pursue any legal remedies which he/she might otherwise possess. 14. Discrimination and harassment complaints shall be reported pursuant to School Board policy. 15. Unless otherwise agreed to by the parties, any settlement documents, orders and monetary payments resulting from any step of the grievance process shall be satisfied within forty (40) calendar days from the date of the award. 16. An employee has a right to pursue any and all courses of action he or she believes exist in a court of law; filing a grievance does not preclude an employee from pursuing legal action. If an employee files a complaint (or petition) in State or federal court or with any administrative agency (such as but not limited to EEOC or MCHR), the grievance procedure shall be immediately suspended until the legal proceeding is completed or dismissed. 17. If an employee is successful in his or her grievance appeal and is awarded monetary relief, the District shall not be responsible for back-pay and benefits for any days that a claim, filed by the grievant, was also pending in a court of law or administrative agency that caused the grievance process to be delayed. 18. The timelines contained herein will be strictly adhered to. The party that fails to follow the timeline guidelines will automatically lose the grievance. 19. Step 6 (arbitration) shall only be available for the following grievance categories:

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Procedures and Timelines. 1. Details of grievance proceedings shall be kept confidential, unless otherwise required by legal process. 2. When In the situation where new, relevant, information becomes known after the grievance has been filedcomes to light, and subsequent to any step in the grievance procedure, the grievance shall revert to the preceding step where such information would have been relevant, had it been known. The Union and KCPS the District shall use good faith best efforts to agree to which step the grievance shall revert. Failure to agree will result in the grievance reverting to the previous step prior to the step immediately prior to the step then pending when the information became knownstep. The new information shall be presented at that previous step, and the grievance shall proceed thereafter in accordance with the regular procedure as if that step had not been taken previously. 3. Except for decisions rendered during the informal pre-grievance resolution processdecisions, all grievance decisions shall be rendered in writing at each step of the grievance procedure and transmitted to the Grievant Union and the UnionGrievant. 4. At any step, upon request, the Grievant grievant may be accompanied by a Union Representativeunion representative and the grievant is encouraged to present his/her grievance orally to his/her immediate supervisor. 5. All grievances shall be in writing and shall include the following: i) Name and location of the employee or group of employees involved: (1) a. Name and location of the employee or group of employees involved; (2) b. Identification of the specific CBA contract section, Administrative or School Board Policy sectionsPolicy, or Administrative Policy section directly related to working conditions alleged to have been violated or misinterpreted; (3) c. Conditions and specific statements of all the facts giving rise to the grievance and the nature of the allegation that the CBA, Board Policy, or Administrative Policy have been violated or misinterpreted directly related to working conditionsalleged violation; and (4) d. Specific relief desired/requested by ▇▇▇▇▇▇▇▇ and/or Unionrequested. 6. Time limits specified in the procedure may be modified changed by mutual agreement between the Grievant, grievant and the Administrator appointed to hear appropriate administrator hearing the grievance, but must be done in writing signed by the grievant and the Chief Human Resource Officer (or designee)administrator hearing the grievance. In the event of an approved absence of the Grievant a grievant or the Administratorappropriate administrator, time limits shall be temporarily suspended. 7. The majority representative of the Union shall receive copies of all filed grievances and written responses by Administration provided the Grievant is a member from Step Two and beyond of the Union. If the Grievant is not a member of the Union, such ▇▇▇▇▇ shall only be provided upon KCPS receiving written authorization from the Grievant. The Chief of Human Resources (or designee) shall be provided with a copy of all filed grievances and written responses no later than the time such are provided to the President of the Uniongrievance procedure. 8. The Union and KCPS the District agree to facilitate any investigations which may be required and to make available any and all non-privileged, non-confidential material and otherwise relevant documents, communications and records concerning the grievance to the other partygrievance. 9. The Union and KCPS the District shall have the right at all steps of a grievance proceeding to confront and cross-examine all witnesses. 10. Grievances arising from the action of an Administrator official, other than the immediate supervisor of the employee, can be initiated at Step Two by filing the grievance Two, with the Chief of Human Resources (or designee)Capital Management. 11. After any grievance proceeding has reached Step Twotwo, any party shall have the right, at his/her own expense, to legal and/or stenographic assistance. 12. Any hearing pursuant to this grievance procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses, entitled to be present to attend. Representatives so designated may investigate, discuss and present a grievance of an employee or employees during regular work hours, subject to the provision relating to the Visits to Schools (Article II, Union and Management Rights, FF., page 6). Time spent investigating, discussing and/or presenting in handling a grievance shall not be unreasonable or excessive. The President authorized majority representative of the Union or the Grievantgrievant’s representative, shall not be coerced, or interfered with during the performance of his/her duties of investigating and representing the grievant. There will be no retaliation against any employee(s) who files a grievance.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures and Timelines. 1. a) Details of grievance proceedings shall be kept confidential, unless otherwise required by legal process. 2. When b) In the situation where new, relevant, information becomes known after the grievance has been filedcomes to light, and subsequent to any step in the grievance procedure, the grievance shall revert to the preceding step where such information would have been relevant, had it been known. The Union and KCPS shall use good faith best efforts to agree to which step the grievance shall revert. Failure to agree will result in the grievance reverting to the previous step prior to the step immediately prior to the step then pending when the information became knownstep. The new information shall be presented at that previous step, and the grievance shall proceed thereafter in accordance with the regular procedure as if that step had not been taken previously. 3. c) Except for decisions rendered during the informal pre-grievance resolution processdecisions, all grievance decisions shall be rendered in writing at each step of the grievance procedure and transmitted to the Grievant Union and the UnionGrievant. 4. d) At any step, upon request, the Grievant grievant may be accompanied by a Union Representativerepresentative and the grievant is encouraged to present his/her grievance orally to his/her immediate supervisor. 5. e) All grievances shall be in writing and shall include the following: i) Name and location of the employee or group of employees involved: (1) i. Name and location of the employee or group of employees involved; (2) ii. Identification of the specific CBA contract section, Administrative or School Board Policy sectionsPolicy, or Administrative Policy section directly related to working conditions alleged to have been violated or misinterpreted; (3) iii. Conditions and specific statements of all the facts giving rise to the grievance and the nature of the allegation that the CBA, Board Policy, or Administrative Policy have been violated or misinterpreted directly related to working conditionsalleged violation; and (4) iv. Specific relief desired/requested by ▇▇▇▇▇▇▇▇ and/or Unionrequested. 6. f) Time limits specified in the procedure may be modified changed by mutual agreement between the Grievant, grievant and the Administrator appointed to hear appropriate administrator hearing the grievance, but must be done in writing signed by the grievant and the Chief Human Resource Officer (or designee)administrator hearing the grievance. In the event of an approved absence of the Grievant a grievant or the Administratorappropriate administrator, time limits shall be temporarily suspended. 7. g) The majority representative of the Union shall receive copies of all filed grievances and written responses by Administration provided the Grievant is a member from Step Two and beyond of the Union. If the Grievant is not a member of the Union, such ▇▇▇▇▇ shall only be provided upon KCPS receiving written authorization from the Grievant. The Chief of Human Resources (or designee) shall be provided with a copy of all filed grievances and written responses no later than the time such are provided to the President of the Uniongrievance procedure. 8. h) The Union and KCPS the District agree to facilitate any investigations which may be required and to make available any and all non-privileged, non-confidential material and otherwise relevant documents, communications and records concerning the grievance to the other partygrievance. 9. i) The Union and KCPS the District shall have the right at all steps of a grievance proceeding to confront and cross-examine all witnesses. 10. j) Grievances arising from the action of an Administrator official, other than the immediate supervisor of the employee, can be initiated at Step Two by filing the grievance Two, with the Chief of Human Resources (or designee)Capital Management. 11. k) After any grievance proceeding has reached Step Twotwo, any party shall have the right, at his/her own expense, to legal and/or stenographic assistance. 12. l) Any hearing pursuant to this grievance procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses, entitled to be present to attend. Representatives so designated may investigate, discuss and present a grievance of an employee or employees during regular work hours, subject to the provision relating to the Visits to Schools (Article II, Union and Management Rights, FF., page 6). Time spent investigating, discussing and/or presenting in handling a grievance shall not be unreasonable or excessive. The President authorized majority representative of the Union or the Grievantgrievant’s representative, shall not be coerced, or interfered with during the performance of his/her duties of investigating and representing the grievant. There will be no retaliation against any employee(s) who files a grievance. m) Resorting to the grievance procedure shall not constitute an election of remedies by an employee, but if appropriate and after exhausting the grievance procedure, an employee shall have the right to pursue any legal remedies which he/she might otherwise possess. n) Discrimination and harassment complaints shall be reported pursuant to School Board policy. o) Unless otherwise agreed to by the parties, any settlement documents, orders and monetary payments resulting from any step of the grievance process shall be satisfied within forty (40) calendar days from the date of the award. p) An employee has a right to pursue any and all courses of action he or she believes exist in a court of law; filing a grievance does not preclude an employee from pursuing legal action. If an employee files a complaint (or petition) in State or federal court or with any administrative agency (such as but not limited to EEOC or MCHR), the grievance procedure shall be immediately suspended until the legal proceeding is completed or dismissed. q) If an employee is successful in his or her grievance appeal and is awarded monetary relief, the District shall not be responsible for back-pay and benefits for any days that a claim, filed by the grievant, was also pending in a court of law or administrative agency that caused the grievance process to be delayed. r) The timelines contained herein will be strictly adhered to, unless the parties agree in writing to extend the timelines. The party that fails to follow the timeline guidelines will automatically lose the grievance. s) Step 6 (arbitration) shall only be available for the following grievance categories: i. Nonpayment for services rendered ii. Termination

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures and Timelines. 1. Details of grievance proceedings shall be kept confidential, unless otherwise required by legal process. 2. When new, relevant, information becomes known after the grievance has been filed, and subsequent to any step in the grievance procedure, the grievance shall revert to the preceding step where such information would have been relevant, had it been known. The Union and KCPS shall use good faith best efforts to agree to which step the grievance shall revert. Failure to agree will result in the grievance reverting to the previous step prior to the step immediately prior to the step then pending when the information became known. The new information shall be presented at that previous step, and the grievance shall proceed thereafter in accordance with the regular procedure as if that step had not been taken previously. 3. Except for decisions rendered during the informal pre-grievance resolution process, all grievance decisions shall be rendered in writing at each step of the grievance procedure and transmitted to the Grievant and the Union. 4. At any step, upon request, the Grievant may be accompanied by a Union Representative. 5. All grievances shall be in writing and shall include the following: i) Name and location of the employee or group of employees involved: (1) Name and location of the employee or group of employees involved; (2) Identification of the specific CBA section, Board Policy sections, or Administrative Policy section directly related to working conditions alleged to have been violated or misinterpreted; (3) Conditions and specific statements of all the facts giving rise to the grievance and the nature of the allegation that the CBA, Board Policy, or Administrative Policy have been violated or misinterpreted directly related to working conditions; and (4) Specific relief desired/requested by ▇▇▇▇▇▇▇▇ and/or Union. 6. Time limits specified in the procedure may be modified by mutual agreement between the Grievant, the Administrator appointed to hear the grievance, and the Chief of Human Resource Resources Officer (or designee). In the event of an approved absence of the Grievant or the Administrator, time limits shall be temporarily suspended. 7. The majority representative of the Union shall receive copies of all filed grievances and written responses by Administration provided the Grievant is a member of the Union. If the Grievant is not a member of the Union, such ▇▇▇▇▇ shall only be provided upon KCPS receiving written authorization from the Grievant. The Chief of Human Resources (or designee) shall be provided with a copy of all filed grievances and written responses no later than the time such are provided to the President of the Union. 8. The Union and KCPS agree to facilitate any investigations which may be required and to make available any and all non-privileged, non-confidential material and otherwise relevant documents, communications and records concerning the grievance to the other party. 9. The Union and KCPS shall have the right at all steps of a grievance proceeding to confront and cross-examine all witnesses. 10. Grievances arising from the action of an Administrator other than the immediate supervisor of the employee, can be initiated at Step Two by filing the grievance with the Chief of Human Resources (or designee). 11. After any grievance proceeding has reached Step Two, any party shall have the right, at his/her expense, to legal and/or stenographic assistance. 12. Any hearing pursuant to this grievance procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses, entitled to be present to attend. Representatives so designated may investigate, discuss and present a grievance of an employee or employees during regular work hours, subject to the provision relating to the Visits to Schools (Article II, Union and Management Rights, F, page 6). Time spent investigating, discussing and/or presenting a grievance shall not be unreasonable or excessive. The President of the Union or the Grievant’s representative, shall not be coerced, or interfered with during the performance of his/her duties of investigating and representing the grievant. There will be no retaliation against any employee(s) who files a grievance.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures and Timelines. 1. Details of grievance proceedings Grievances, except as are otherwise provided for herein, shall be kept confidential, unless otherwise required by legal process. 2. When new, relevant, information becomes known after the grievance has been filed, and subsequent to any step in the grievance procedure, the grievance shall revert to the preceding step where such information would have been relevant, had it been known. The Union and KCPS shall use good faith best efforts to agree to which step the grievance shall revert. Failure to agree will result in the grievance reverting to the previous step prior to the step immediately prior to the step then pending when the information became known. The new information shall be presented at that previous step, and the grievance shall proceed thereafter processed in accordance with the regular procedure as if that step had not been taken previously.following procedure: 3. Except for decisions rendered during the informal pre-A. Level One: The aggrieved employee shall first present their grievance resolution process, all grievance decisions shall be rendered orally or in writing at each step to their Principal within twenty (20) school days next following the occurrence of the grievance procedure or the date of first knowledge of its occurrence by any employee affected by it. If the grievance is presented in writing, it shall give a summary of the facts involved, the provision or provisions of this Agreement allegedly violated and transmitted the relief desired. The Principal shall advise the aggrieved employee in writing of the decision made with respect to the Grievant grievance within ten (10) days after the grievance is presented. B. Level Two: If the grievance has not been resolved at Level One to the employee's satisfaction, the aggrieved employee or the Association may submit the grievance in writing to the Superintendent within ten (10) school days from the employee's receipt of the Level One decision. The written grievance shall give a summary of the facts involved, the provision or provisions of this Agreement allegedly violated and the Unionrelief desired. Within ten (10) school days after receipt of the written grievance, the Superintendent or designee shall meet with the aggrieved employee and a representative or representatives of the Association in an effort to settle the grievance. Within ten (10) school days after the conclusion of said meeting, the Superintendent or designee, as the case may be, shall advise the aggrieved employee and the Association in writing of their decision concerning the grievance. 4. At any step, upon requestC. Level Three: If the grievance has not been resolved at Level Two to the employee's satisfaction, the Grievant aggrieved employee or the Association may be accompanied by submit the grievance in writing to the Committee within ten (10) school days from receipt of the Level Two decision. Within ten (10) school days after receipt of the written grievance, the Committee shall meet with the aggrieved employee and a Union Representativerepresentative or representatives of the Association in an effort to settle the grievance. The Committee shall, within ten (10) school days after the conclusion of said meeting, advise the aggrieved employee and the Association in writing of its decision with respect to the grievance. 5D. Level Four: If the grievance has not been resolved at Level Three to the satisfaction of the Association, the Association may within fifteen (15) school days after receipt of the Level Three decision submit the grievance to the American Arbitration Association, Boston, Massachusetts, for disposition in accordance with the applicable rules of said American Arbitration Association. All grievances The Association will also serve a copy of the demand for arbitration within said fifteen (15) school days on the Committee. (1) The arbitrator selected shall hold hearings promptly and, unless the time shall be extended by mutual agreement, shall issue their decision no later than thirty (30) days from the date of the close of the hearings or, if oral hearings have been waived, from the date of submission to them of the final statements and proofs. (2) The arbitrator's decision shall be in writing and shall include set forth their findings of fact, reasoning, and conclusion. The arbitrator shall be without power or authority to make any decision which requires the following: i) Name and location commission of an act prohibited by law or which is violative of the employee terms of this Agreement. The arbitrator shall have no authority to alter, modify or group change in any way the terms and provisions of employees involved: (1) Name and location of the employee or group of employees involved; (2) Identification of the specific CBA section, Board Policy sections, or Administrative Policy section directly related to working conditions alleged to have been violated or misinterpreted;this Agreement. (3) Conditions The decision of the arbitrator shall be final and specific statements of all binding upon the facts giving rise to Committee, the grievance Association, and the nature of the allegation that the CBA, Board Policy, or Administrative Policy have been violated or misinterpreted directly related to working conditions; andaggrieved employee. (4) Specific relief desired/requested by ▇▇▇▇▇▇▇▇ and/or Union. 6. Time limits specified in The fee and expenses of the procedure may be modified by mutual agreement between the Grievant, the Administrator appointed to hear the grievancearbitrator, and the Chief Human Resource Officer (or designee). In expenses directly related to the event of an approved absence of the Grievant or the Administratorarbitration hearing, time limits shall be temporarily suspendedshared equally by the Committee and the Association. 7. The majority representative of the Union shall receive copies of all filed grievances and written responses by Administration provided the Grievant is a member of the Union. If the Grievant is not a member of the Union, such ▇▇▇▇▇ shall only be provided upon KCPS receiving written authorization from the Grievant. The Chief of Human Resources (or designee) shall be provided with a copy of all filed grievances and written responses no later than the time such are provided to the President of the Union. 8. The Union and KCPS agree to facilitate any investigations which may be required and to make available any and all non-privileged, non-confidential material and otherwise relevant documents, communications and records concerning the grievance to the other party. 9. The Union and KCPS shall have the right at all steps of a grievance proceeding to confront and cross-examine all witnesses. 10. Grievances arising from the action of an Administrator other than the immediate supervisor of the employee, can be initiated at Step Two by filing the grievance with the Chief of Human Resources (or designee). 11. After any grievance proceeding has reached Step Two, any party shall have the right, at his/her expense, to legal and/or stenographic assistance. 12. Any hearing pursuant to this grievance procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses, entitled to be present to attend. Representatives so designated may investigate, discuss and present a grievance of an employee or employees during regular work hours, subject to the provision relating to the Visits to Schools (Article II, Union and Management Rights, F, page 6). Time spent investigating, discussing and/or presenting a grievance shall not be unreasonable or excessive. The President of the Union or the Grievant’s representative, shall not be coerced, or interfered with during the performance of his/her duties of investigating and representing the grievant. There will be no retaliation against any employee(s) who files a grievance.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures and Timelines. 1. Details of grievance proceedings shall be kept confidential, unless otherwise required by legal process. 2. When In the situation where new, relevant, information becomes known after the grievance has been filedcomes to light, and subsequent to any step in the grievance procedure, the grievance shall revert to the preceding step where such information would have been relevant, had it been known. The Union and KCPS the District shall use good faith best efforts to agree to which step the grievance shall revert. Failure to agree will result in the grievance reverting to the previous step prior to the step immediately prior to the step then pending when the information became knownstep. The new information shall be presented at that previous step, and the grievance shall proceed thereafter in accordance with the regular procedure as if that step had not been taken previously. 3. Except for decisions rendered during the informal pre-grievance resolution processdecisions, all grievance decisions shall be rendered in writing at each step of the grievance procedure and transmitted to the Grievant Union and the UnionGrievant. 4. At any step, upon request, the Grievant grievant may be accompanied by a Union Representativeunion representative and the grievant is encouraged to present his/her grievance orally to his/her immediate supervisor. 5. All grievances shall be in writing and shall include the following: i) Name and location of the employee or group of employees involved: (1) a. Name and location of the employee or group of employees involved; (2) b. Identification of the specific CBA contract section, Administrative or School Board Policy sectionsPolicy, or Administrative Policy section directly related to working conditions alleged to have been violated or misinterpreted; (3) c. Conditions and specific statements of all the facts giving rise to the grievance and the nature of the allegation that the CBA, Board Policy, or Administrative Policy have been violated or misinterpreted directly related to working conditionsalleged violation; and (4) d. Specific relief desired/requested by ▇▇▇▇▇▇▇▇ and/or Unionrequested. 6. Time limits specified in the procedure may be modified changed by mutual agreement between the Grievant, grievant and the Administrator appointed to hear appropriate administrator hearing the grievance, but must be done in writing signed by the grievant and the Chief Human Resource Officer (or designee)administrator hearing the grievance. In the event of an approved absence of the Grievant a grievant or the Administratorappropriate administrator, time limits shall be temporarily suspended. 7. The majority representative of the Union shall receive copies of all filed grievances and written responses by Administration provided the Grievant is a member from Step Two and beyond of the Union. If the Grievant is not a member of the Union, such ▇▇▇▇▇ shall only be provided upon KCPS receiving written authorization from the Grievant. The Chief of Human Resources (or designee) shall be provided with a copy of all filed grievances and written responses no later than the time such are provided to the President of the Union.grievance 8. The Union and KCPS the District agree to facilitate any investigations which may be required and to make available any and all non-privileged, non-confidential material and otherwise relevant documents, communications and records concerning the grievance to the other partygrievance. 9. The Union and KCPS the District shall have the right at all steps of a grievance proceeding to confront and cross-examine all witnesses. 10. Grievances arising from the action of an Administrator official, other than the immediate supervisor of the employee, can be initiated at Step Two by filing the grievance Two, with the Chief of Human Resources (or designee)Capital Management. 11. After any grievance proceeding has reached Step Twotwo, any party shall have the right, at his/her own expense, to legal and/or stenographic assistance. 12. Any hearing pursuant to this grievance procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses, entitled to be present to attend. Representatives so designated may investigate, discuss and present a grievance of an employee or employees during regular work hours, subject to the provision relating to the Visits to Schools (Article II, Union and Management Rights, FF., page 6). Time spent investigating, discussing and/or presenting in handling a grievance shall not be unreasonable or excessive. The President authorized majority representative of the Union or the Grievantgrievant’s representative, shall not be coerced, or interfered with during the performance of his/her duties of investigating and representing the grievant. There will be no retaliation against any employee(s) who files a grievance.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures and Timelines. 1. Details of grievance proceedings shall be kept confidential, unless otherwise required by legal process. 2. When new, relevant, information becomes known after the grievance has been filed, and subsequent to any step in the grievance procedure, the grievance shall revert to the preceding step where such information would have been relevant, had it been known. The Union and KCPS shall use good faith best efforts to agree to which step the grievance shall revert. Failure to agree will result in the grievance reverting to the previous step prior to the step immediately prior to the step then pending when the information became known. The new information shall be presented at that previous step, and the grievance shall proceed thereafter in accordance with the regular procedure as if that step had not been taken previously. 3. Except for decisions rendered during the informal pre-grievance resolution process, all grievance decisions shall be rendered in writing at each step of the grievance procedure and transmitted to the Grievant and the Union. 4. At any step, upon request, the Grievant may be accompanied by a Union Representative. 5. All grievances shall be in writing and shall include the following: i) Name and location of the employee or group of employees involved: (1) Name and location of the employee or group of employees involved; (2) Identification of the specific CBA section, Board Policy sections, or Administrative Policy section directly related to working conditions alleged to have been violated or misinterpreted; (3) Conditions and specific statements of all the facts giving rise to the grievance and the nature of the allegation that the CBA, Board Policy, or Administrative Policy have been violated or misinterpreted directly related to working conditions; and (4) Specific relief desired/requested by ▇▇▇▇▇▇▇▇ and/or Union. 6. Time limits specified in the procedure may be modified by mutual agreement between the GrievantGrievant or their KCFT Representative, the Administrator appointed to hear the grievance, and the Chief Human Resource Officer (or designee). In the event of an approved absence of the Grievant or the Administrator, time limits shall be temporarily suspended. 7. The majority representative of the Union KCFT President and/or their designee shall receive copies of all filed grievances and written grievance responses by Administration Administration, provided the Grievant is a identified to KCPS as member of the Union. If the Grievant is not a member of the Union, such ▇▇▇▇▇ shall only be provided upon KCPS receiving written authorization from the Grievant. The Chief of Human Resources Officer (or designee) shall be provided with a copy of all filed grievances and written responses no later than the time such are provided to the KCFT President of the Unionand/or their designee. 8. The Union and KCPS agree to facilitate any investigations which may be required and to make available any and all non-privileged, non-confidential material and otherwise relevant documents, communications and records concerning the grievance to the other party. 9. The Union and KCPS shall have the right at all steps of a grievance proceeding to confront and cross-examine all witnesses. 10. Disciplinary Grievances or grievances arising from the action of an Administrator other than the immediate supervisor of the classified employee, can be initiated at Step Two One by filing the grievance with the Chief of Human Resources Officer (or designee). 11. After any grievance proceeding that has reached Step TwoOne, any party shall have the right, at his/her expense, to legal and/or stenographic assistance. 12. Any hearing pursuant to this grievance procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses, entitled to be present to attend. Representatives so designated may investigate, discuss discuss, and present a grievance of an employee or employees during regular work hours, subject to the provision relating to the Visits to Schools (Article II, Union and Management Rights, F, page 6). ,) Time spent investigating, discussing and/or presenting a grievance shall not be unreasonable or excessive. The President of the Union or the Grievant’s representative, shall not be coerced, or interfered with during the performance of his/her duties of investigating and representing the grievant. There will be no retaliation against any employee(s) who files a grievance.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures and Timelines. 1. ) Details of grievance proceedings shall be kept confidential, unless otherwise required by legal process. 2. When ) In the situation where new, relevant, information becomes known after the grievance has been filedcomes to light, and subsequent to any step in the grievance procedure, the grievance shall revert to the preceding step where such information would have been relevant, had it been known. The Union and KCPS the District shall use good faith best efforts to agree to which step the grievance shall revert. Failure to agree will result in the grievance reverting to the previous step prior to step. Then the step immediately prior to the step then pending when the information became known. The new information shall be presented at that previous step, and the grievance shall proceed thereafter in accordance with the regular procedure as if that step had not been taken previouslyaccording to procedure. 3. ) Except for decisions rendered during the informal pre-grievance resolution processprior to Step One, all grievance decisions shall be rendered in writing at each step of the grievance procedure and transmitted to the Grievant Union and the UnionGrievant. 4. ) At any step, upon request, the Grievant grievant may be accompanied by a Union Representativerepresentative and the grievant is encouraged to present his/her grievance orally to the immediate supervisor. 5. ) All grievances shall be in writing and shall include the following: i) Name and location of the employee or group of employees involved: (1a) Name and location of the employee or group of employees involved; (2b) Identification of the specific CBA contract section, School Board Policy sectionspolicy, or Administrative Policy section directly related to working conditions administrative regulation alleged to have been violated or misinterpreted; (3c) Conditions and specific statements of all the facts giving rise to the grievance and the nature of the allegation that the CBA, Board Policy, or Administrative Policy have been violated or misinterpreted directly related to working conditionsalleged violation; and (4d) Specific relief desired/requested by ▇▇▇▇▇▇▇▇ and/or Unionrequested. 6. ) Time limits specified in the procedure may be modified changed by mutual agreement between the Grievant, grievant and the Administrator appointed to hear appropriate administrator hearing the grievance, and the Chief Human Resource Officer (or designee). In the event of an approved absence of the Grievant a grievant or the Administratorappropriate administrator, time limits shall be temporarily suspended. 7. ) The majority representative of the Union shall receive copies of all filed grievances and written responses by Administration provided the Grievant is a member from Step Two and beyond of the Union. If the Grievant is not a member of the Union, such ▇▇▇▇▇ shall only be provided upon KCPS receiving written authorization from the Grievant. The Chief of Human Resources (or designee) shall be provided with a copy of all filed grievances and written responses no later than the time such are provided to the President of the Uniongrievance procedure. 8. 8) The Union and KCPS the District agree to facilitate any investigations which may be required and to make available any and all non-privileged, non-confidential material and otherwise relevant documents, communications and records concerning the grievance to the other partygrievance. 9. ) The Union and KCPS the District shall have the right at all steps of a grievance proceeding to confront and cross-examine all witnesses. 10. ) Grievances arising from the action of an Administrator official, other than the immediate supervisor of the employee, can be initiated at Step Two by filing the grievance Two, with the Chief of Human Resources (or designee)designated Hearing Officer. 11. ) After any grievance proceeding has reached Step Twotwo, any party shall have the right, at his/her own expense, to legal and/or stenographic assistance. 12. ) Any hearing pursuant to this grievance procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses, entitled to be present to attend. Representatives so designated may investigate, discuss and present a grievance of an employee or employees during regular work hours, subject to the provision relating to the Visits to Schools (Article II, Union and Management Rights, FF., page 6). Time spent investigating, discussing and/or presenting in handling a grievance shall not be unreasonable or excessive. The President authorized majority representative of the Union or the Grievant’s grievant’ s representative, shall not be coerced, or interfered with during the performance of his/her duties of investigating and representing the grievant. There will be no retaliation against any employee(s) who files a grievance.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Procedures and Timelines. 1. Details of grievance proceedings shall be kept confidential, unless otherwise required by legal process. 2. When new, relevant, information becomes known after the grievance has been filed, and subsequent to any step in the grievance procedure, the grievance shall revert to the preceding step where such information would have been relevant, had it been known. The Union and KCPS shall use good faith best efforts to agree to which step the grievance shall revert. Failure to agree will result in the grievance reverting to the previous step prior to the step immediately prior to the step then pending when the information became known. The new information shall be presented at that previous step, and the grievance shall proceed thereafter in accordance with the regular procedure as if that step had not been taken previously. 3. Except for decisions rendered during the informal pre-grievance resolution process, all grievance decisions shall be rendered in writing at each step of the grievance procedure and transmitted to the Grievant and the Union. 4. At any step, upon request, the Grievant may be accompanied by a Union Representative. 5. All grievances shall be in writing and shall include the following: i) Name and location of the employee or group of employees involved: (1) Name and location of the employee or group of employees involved; (2) Identification of the specific CBA section, Board Policy sections, or Administrative Policy section directly related to working conditions alleged to have been violated or misinterpreted; (3) Conditions and specific statements of all the facts giving rise to the grievance and the nature of the allegation that the CBA, Board Policy, or Administrative Policy have been violated or misinterpreted directly related to working conditions; and (4) Specific relief desired/requested by ▇▇▇▇▇▇▇▇ and/or Union. 6. Time limits specified in the procedure may be modified by mutual agreement between the Grievant, the Administrator appointed to hear the grievance, and the Chief of Human Resource Officer Resources (or designee). In the event of an approved absence of the Grievant or the Administrator, time limits shall be temporarily suspended. 7. The majority representative of the Union shall receive copies of all filed grievances and written responses by Administration provided the Grievant is a member of the Union. If the Grievant is not a member of the Union, such ▇▇▇▇▇ shall only be provided upon KCPS receiving written authorization from the Grievant. The Chief of Human Resources (or designee) shall be provided with a copy of all filed grievances and written responses no later than the time such are provided to the President of the Union. 8. The Union and KCPS agree to facilitate any investigations which may be required and to make available any and all non-privileged, non-confidential material and otherwise relevant documents, communications and records concerning the grievance to the other party. 9. The Union and KCPS shall have the right at all steps of a grievance proceeding to confront and cross-examine all witnesses. 10. Grievances arising from the action of an Administrator other than the immediate supervisor of the employee, can be initiated at Step Two by filing the grievance with the Chief of Human Resources (or designee). 11. After any grievance proceeding has reached Step Two, any party shall have the right, at his/her expense, to legal and/or stenographic assistance. 12. Any hearing pursuant to this grievance procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses, entitled to be present to attend. Representatives so designated may investigate, discuss and present a grievance of an employee or employees during regular work hours, subject to the provision relating to the Visits to Schools (Article II, Union and Management Rights, F, page 6). Time spent investigating, discussing and/or presenting a grievance shall not be unreasonable or excessive. The President of the Union or the Grievant’s representative, shall not be coerced, or interfered with during the performance of his/her duties of investigating and representing the grievant. There will be no retaliation against any employee(s) who files a grievance.

Appears in 1 contract

Sources: Collective Bargaining Agreement